SAFE ROUTES TO SCHOOL SIDEWALK & RAMP IMPROVEMENTS CIP 211

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1 CITY OF MISSION VIEJO CALIFORNIA SPECIFICATIONS FOR SAFE ROUTES TO SCHOOL SIDEWALK & RAMP IMPROVEMENTS CIP 211 PREPARED BY CITY OF MISSION VIEJO 200 CIVIC CENTER MISSION VIEJO, CALIFORNIA (949) JUNE 2012 FEDERAL PROJECT NO. SRTSL-5451(030) G:\PW\WP\SPECS\JOE\CIP SAFE ROUTES TO SCHOOL INFRASTRUCTURE\SAFE ROUTES 1.DOC

2 CITY OF MISSION VIEJO CALIFORNIA SPECIFICATIONS FOR SAFE ROUTES TO SCHOOL SIDEWALK & RAMP IMPROVEMENTS VARIOUS LOCATIONS CIP 211 Approved By: RICHARD SCHLESINGER, City Engineer Date

3 CITY OF MISSION VIEJO TABLE OF CONTENTS SAFE ROUTES TO SCHOOL SIDEWALK & RAMP IMPROVEMENTS NOTICE INVITING INFORMAL BIDS... NB-1 INSTRUCTIONS TO BIDDERS... IB-1 PROPOSAL DOCUMENTS Proposal... P-1 Bidder's Information... P-2 List of Subcontractors... P-3 References... P-4 Designation of Sureties... P-4 Bidder's Statement of Past Contract Disqualifications... P-5 Non-Collusion Affidavit... P-7 Bid Bond... P-8 Proposal Bid Sheets... P-11 Vendor Approval Application Request for Taxpayer Identification Number and Certification CONTRACT DOCUMENTS Contract Agreement... CA-1 Faithful Performance Bond... CA-5 Labor and Material Payment Bond... CA-7 Compensation Insurance Certificate... CA-9 GENERAL SPECIFICATIONS Scope of Work... GS-1 Location of Work... GS-1 Time of Completion... GS-1 Traffic Requirements... GS-1 Utility Requirements... GS-1 Flow and Acceptance of Water... GS-2 Removal of Water... GS-2 Standard Specifications... GS-3 Wage Rates and Labor Code Requirements... GS-4 Clayton Act and Cartwright Act... GS-4 Substitution of Securities... GS-4 Water Pollution Control... GS-5 SPECIAL PROVISIONS PART I GENERAL PROVISIONS... SP-1 PART II CONSTRUCTION MATERIALS... SP-10 PART III CONSTRUCTION METHODS... SP-13 FEDERAL/DBE REQUIREMENTS... APPENDIX I FEDERAL MINIMUM WAGE REQUIREMENTS... APPENDIX II EXCERPTS FROM STATE LABOR CODE... APPENDIX III APPLICABLE STANDARD PLANS... APPENDIX IV LOCATIONS OF RAMPS... APPENDIX V PLANS FOR NAPOLI WAY SIDEWALK... SEPARATE DOCUMENTS

4 CITY OF MISSION VIEJO NOTICE INVITING INFORMAL BIDS SAFE ROUTES TO SCHOOL SIDEWALK & RAMP IMPROVEMENTS VARIOUS LOCATIONS CIP 211 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Mission Viejo, as AGENCY, for furnishing all materials, equipment, tools, labor and incidentals as required for the above-stated project in strict accordance with the specifications and drawings on file at the office of the City Clerk of the City of Mission Viejo. Bids will be received at the office of the City Clerk, City of Mission Viejo, until the hour of 11:00 a.m. on Wednesday, August 1, 2012, at which time and place the bids will be publicly opened and read aloud. Bids shall be submitted in sealed envelopes marked on the outside, "SEALED BID FOR SAFE ROUTES TO SCHOOL SIDEWALK & RAMP IMPROVEMENTS. The work to be constructed hereunder is located in the City of Mission Viejo. The work generally consists of demolition and removals, PCC curb, gutter, sidewalk and access ramps, asphalt paving, and all appurtenant work. The Agency reserves the right, after opening bids, to reject any or all bids, or to make award to the lowest responsible bidder and reject all other bids; to waive any informality in the bidding; and to accept any bid or portion thereof; and to take all bids under advisement for a period of 45 days. Bids will be compared on the basis of the Engineer's estimate of the quantities of the several items of work as shown on the Bid Sheets. Only such plans, specifications, and items of work as are appropriate shall apply to the work as bid. At the time of contract award, the contractor shall possess a Class A Contractor's License, or a Class C-12 Contractor's License, issued by the State of California. This project involves Federal funding. As such, the Contractor will be required to comply with all Federal requirements contained herein, including Disadvantaged Business Enterprise (DBE) utilization and Underutilized Disadvantaged Business Enterprise (UDBE) utilization, and complete all associated paperwork. The City of Mission Viejo has established a DBE goal of 10% and a UDBE goal of 5% for this project. Each bid must be accompanied by a certified or cashier's check, or by a corporate surety bond on the form furnished by the AGENCY, as a guarantee that the bidder will, if an award is made to him in accordance with the terms of his bid, promptly secure workmen's compensation insurance and liability insurance, execute a contract in the required form, and furnish satisfactory bonds for the faithful performance of the contract and for the payment of claims of material and laborers thereunder. Said check or bidder's bond shall be in an amount not less than 10% of the amount of the bid. The Performance Bond shall be not less than 100% of the total amount of the bid price named in the contract. The Payment Bond shall be not less than 100% of the total amount of the bid price named in the contract. The AGENCY reserves the right to reject any bond if, in the opinion of the AGENCY Attorney, the Surety's acknowledgment is not in the form included in the contract documents or in another form substantially as prescribed by law. NB-1

5 In accordance with provisions of Section (amended 1977) of the California Labor Code copies of the prevailing rate of per diem wages as determined by the State Director of Industrial Relations are on file in the office of the City Clerk of the City of Mission Viejo. It shall be mandatory upon the Contractor to whom the contract is awarded and upon any subcontractor under him to pay not less than said specified rates to all workmen employed by them in the execution of the contract. The City of Mission Viejo hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, Disadvantaged Business and Underutilized Disadvantaged Business Enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, creed, color, or national origin in consideration for an award. A full set of drawings and specifications is available for inspection without charge at the public counter of the City Hall of the City of Mission Viejo. Complete sets of said contract documents may be purchased at a cost of $25.00 (Twenty-Five Dollars) per set and are obtainable from the City of Mission Viejo, 200 Civic Center, Engineering Counter, Mission Viejo, California 92691, For additional information, contact the project manager Joe Ames at No refund will be made of any charges for sets of contract documents. Plans and specifications can be mailed for an additional $10.00 (Ten Dollars) per set. Dated this day of, Karen Hamman City Clerk City of Mission Viejo 200 Civic Center Mission Viejo, California NB-2

6 1. PROPOSAL FORMS CITY OF MISSION VIEJO INSTRUCTIONS TO BIDDERS SAFE ROUTES TO SCHOOL SIDEWALK & RAMP IMPROVEMENTS VARIOUS LOCATIONS CIP 211 Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will not consider any proposal not meeting these requirements. 2. PROPOSAL GUARANTEE (BID BOND) Proposals must be accompanied by a proposal guarantee consisting of a certified check or bid bond payable to the AGENCY in the minimum amount of ten percent (10%) of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the AGENCY. The proposal guarantees of all bidders will be held until the successful bidder has properly executed all contract documents. 3. NON-COLLUSION AFFIDAVIT Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal. 4. PROPOSAL BID SHEET Bidders shall give unit prices for each and all of the items set forth. No aggregate bids will be considered. The bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and the bidder shall make his estimates from the drawings. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid. 5. DELIVERY OF PROPOSAL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the "Notice Inviting Informal Bids." Late proposals will not be considered. Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "SAFE ROUTES TO SCHOOL SIDEWALK & RAMP IMPROVEMENTS. IB-1

7 6. WITHDRAWAL OF PROPOSALS A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the AGENCY's designated official prior to the bid-opening hour stipulated in the "Notice Inviting Informal Bids". The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. 7. IRREGULAR PROPOSALS Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures, unless such changes are confirmed by the City Clerk at the time of bid opening. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. 8. TAXES No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 9. DISQUALIFICATION OF BIDDERS In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder. No contract will be executed unless the bidder is licensed in accordance with the provisions of the State Business and Professions Code. 10. INTERPRETATION OF PLANS AND DOCUMENTS If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, or finds discrepancies in, or omissions from, the drawings or specifications, he may submit to the Engineer of said AGENCY a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The Engineer will not be responsible for any other explanation or interpretations of the proposed documents. 11. ADDENDA OR BULLETINS The effect of all addenda to the Contract Documents shall be considered in the bid, and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued, may render his bid irregular and may result in its rejection by the AGENCY. IB-2

8 12. LEGAL RESPONSIBILITIES All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same are expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and Contract Documents, and to full compliance therewith. 13. AWARD OF CONTRACT Following a review of the bids, the AGENCY shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. At the time of contract award, the successful bidder shall hold a Class A Contractor's License, or a Class C-12 Contractor s License, issued by the State of California. Additionally, the AGENCY reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, and to take the bids under advisement for the period of time stated in the "Notice Inviting Sealed Bids", all as may be required to provide for the best interests of the AGENCY. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated. No bidder may withdraw his proposal for a period of forty-five (45) days after the time set for opening thereof. However, the AGENCY will return all proposal guarantees within ten (10) days after the award of the contract or rejection of the bids, as the case may be, to the respective bidders whose proposals they accompany. 14. LABOR CODE Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the AGENCY has obtained the general provisions rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute the contract from the State Director of the Department of Industrial Relations. These rates are on file with the Clerk of the AGENCY, and copies will be made available to any interested party on request. It shall be the responsibility of the prime Contractor to comply with all applicable sections of the Labor Code. Travel and subsistence payments to each workman needed to execute the work shall be made as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section of the Labor Code. The Contractor shall comply with the provisions of Section 1774 of the Labor Code. Failure to comply with the subject section will subject the Contractor to penalty and forfeiture provisions of Section 1775 of the Labor Code. Pursuant to the provisions of Section 1770 of the Labor Code, the general prevailing rate of wages has been ascertained (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday, and holiday work. The holiday wage rate listed shall be applicable IB-3

9 to all holidays recognized in the collective bargaining agreement of the particular craft, classification, or type of workmen concerned. The AGENCY will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate or the Federal Minimum Wage Rate (whichever is greater) as set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his bid, and will not under any circumstances be considered as the basis of a claim against the AGENCY on the contract. The Contractor and subcontractors shall comply with Section which stipulates that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. 15. WORKER'S COMPENSATION CERTIFICATE Section 3700 of the State Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations. In accordance with this section and with Section 1861 of the State Labor Code, the contractor shall sign a Compensation Insurance Certificate, which is included with the Contract Agreement, and submit same to City along with the other required contract documents prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work. 16. CLAYTON ACT AND CARTWRIGHT ACT In accordance with Section 7103 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights and interest in and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 17. SUBLETTING AND SUBCONTRACTING Pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contract Code), bidders are required to list in their proposal the name and location of place of business of each subcontractor who will perform work or labor or render services in or about the construction of the work or improvement or a subcontractor who specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of ½ of 1% of this prime Contractor's total bid or $10,000, whichever is greater. Failure to list a subcontractor for a portion of the work means that the prime Contractor will do that portion of the work. It is the AGENCY's intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the work. IB-4

10 Attention is directed to the provisions in Sections and of the Public Contract Code and Section of the Business and Professions Code concerning prompt payment to subcontractors. The Contractor shall return all moneys withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted by the Agency. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. 18. INSURANCE Contractor agrees to provide insurance in accordance with the requirements set forth herein. If Contractor uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. The following coverages will be provided by Contractor and maintained on behalf of the City and in accordance with the requirements set forth herein. The cost of such insurance shall be included in the Contractor s bid. Commercial General Liability/Umbrella. Primary insurance shall be provided on ISO-CGL form No. CG or 88. Total limits shall be no less than $2,000, per occurrence for all coverages and $2,000, general aggregate. City and its employees and agents shall be added as additional insureds using ISO additional insured endorsement form CG (in no event will City accept an endorsement form with an edition date later than 1990). Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any employee or agent of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Umbrella Liability Insurance (if necessary to meet limits requirements) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a drop down provision providing primary coverage above a maximum $25, self-insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverage shall be following form to any underlying coverage. Coverage shall be provided on a pay on behalf basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion. Policies shall have concurrent starting and ending dates. Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO Business Auto Coverage form CA including symbol 1 (Any Auto). Limits shall be no less than $1,000, per accident. Starting and ending dates shall be concurrent. If Consultant owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. Workers Compensation/Employer s Liability shall be written on a policy form providing workers compensation statutory benefits as required by law. Employer s liability limits shall be no less than one million dollars per accident or disease. Employer s liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respect to the City, its employees, or agents. IB-5

11 Deductibles and Self-Insured Retention Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either, the insurer shall reduce or eliminate such deductibles or self-insured retention as respects to the City, its officers, officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability and automobile liability polices are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents, and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees, agents, or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers. 4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt required, has been given to the City. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance polices, including endorsements effecting the coverage required by these specifications. IB-6

12 Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 19. BINDING ARBITRATION Applicable Law The parties of the contract hereby agree that all claims, disputes or matters in question between and among the parties arising out of or relating to the contract or the breach thereof will be decided by binding arbitration. Except as provided below, any such arbitration shall be governed by Code of Civil Procedure 1280 et seq. Should any provision in this "Binding Arbitration" section be found to be unenforceable, then such provision shall be severed and the parties agree that the remaining provisions shall be binding and enforceable as if adopted absent the unenforceable provision. Selection of Arbitrator Upon notification of a party's election to proceed with arbitration under this section, the parties shall have thirty (30) days to jointly select an arbitrator. In the event that the parties are unable to reach an agreement as to the selection of an arbitrator, an arbitrator will be selected from the American Arbitration Association's panel of construction arbitrators. There shall be no limit on the number of arbitrators that a party can disqualify with respect to the American Arbitration Association's list of arbitrators. Amount in Controversy/Discovery 1. If the amount in controversy is less than $50,000, then, notwithstanding any other provision of law, the only discovery permitted will be (1) the noticing and taking of one deposition (in accordance with Code of Civil Procedure Section 2025) by each party to the dispute and (2) inspection demands pursuant to Code of Civil Procedure Section If the amount in controversy is equal to or greater than $50,000 but less than $150,000, then, notwithstanding any other provision of law, the only discovery permitted will be (1) the noticing and taking of no more than three depositions (in accordance with Code of Civil Procedure Section 2025) by each party to the dispute and (2) inspection demands pursuant to Code of Civil Procedure Section If the amount in controversy is equal to or greater than $150,000, then all discovery rules contained in the California Civil Discovery Act, Code of Civil Procedure Section 2016, et seq., shall apply to the arbitration, except each party will only be allowed to propound no more than 50 special interrogatories, and no requests for admissions shall be permitted. The above deposition limits shall not be applicable to expert depositions. Experts shall be designated and deposed in accordance with Code of Civil Procedure IB-7

13 Procedure/Evidence 1. General and specific rules of trial procedure and evidence as set forth in the California Code of Civil Procedure and the California Evidence Code, respectfully, shall apply except that the arbitrator may admit any relevant evidence which he believes should be afforded consideration. 2. Motions for summary judgment and/or summary adjudication of issues shall be permitted only if the amount in controversy is equal to or greater than $50,000. Motions for summary judgment and/or summary adjudication of issues shall be heard in accordance with the Federal Rules of Civil Procedure, Rule 56. The arbitrator shall also have the authority to decide specific legal and/or factual issues by way of a motion for summary judgment and/or summary adjudication of issues regardless of whether or not such resolve a cause of action. 3. Demurrers and motions for judgment on the pleadings shall not be allowed. The arbitrator shall review the pleadings and in the arbitrator's sole discretion a dismissal and/or amendment of a pleading can be ordered. 4. The arbitrator shall conduct a pre-arbitration conference for purposes of coordinating the arbitration. At the pre-trial arbitration conference, all of the following issues shall be addressed: procedural matters, exchange of exhibits, witness lists, motions in limine, arbitration briefs, and the potential for narrowing issues and/or factual disputes by stipulation or by bifurcating the arbitration. The arbitrator can bifurcate specific factual and/or legal issues in addition to causes of action. 5. The arbitrator will close the arbitration hearing after presentation of the evidence and receipt of final briefs, which must be submitted within twenty (20) days from the final presentation of evidence. The time limit within which the award must be filed begins with the closing of the hearing. 6. The arbitrator may for good cause reopen the hearing through request of either party, at any time, before the award is made. 7. The arbitrator's award must be mailed promptly to the parties, but no later than thirty (30) days after the closing of the hearing. The award will be based upon the evidence introduced at the hearing, including all logical and reasonable inferences made therefrom. The arbitrator may grant any remedy that is just and equitable. Joinder No arbitration arising out of or relating to the contract documents shall include by consolidation, joinder or in any other manner any other person or entity who is not a party to this contract unless: 1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and IB-8

14 3. the written consent of the other person or entity sought to be included and of City and Contractor has been obtained for such inclusion, which consent shall make specific reference to this section; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. Costs and Fees 1. Prior to a decision being rendered in the arbitration, the parties shall split the arbitrator's fees and be responsible for the prompt payment thereof. 2. The prevailing party shall be awarded its attorney's fees and costs, including, without limitation, the arbitrator's fees. Conclusiveness of Judgment The arbitration award will be final and binding and there is no direct appeal from the award on the grounds of error in the application of the law or based upon the arbitrator's interpretation of the facts presented. The only reasons for challenging the arbitrator's award are those set forth in the Code of Civil Procedure, Section (a), (b), (c) and/or (f) only. If any party other than the City seeks to challenge the arbitrator's award pursuant to these Code of Civil Procedures sections, such party must post a bond in the amount of 150% of the arbitrator's award (including the award of costs and fees). Duration From the time arbitration proceedings are initiated, such proceedings must be completed within six (6) months, unless (1) the amount in controversy equals or exceeds $150,000, the arbitration must be completed within one year or (2) the arbitrator extends the completion period for good cause or based upon the stipulation of the parties. Arbitration proceedings shall be deemed initiated upon the appointment of the arbitrator. IB-9

15 BIDDER'S NAME TO CITY OF MISSION VIEJO, as AGENCY: CITY OF MISSION VIEJO PROPOSAL SAFE ROUTES TO SCHOOL SIDEWALK & RAMP IMPROVEMENTS VARIOUS LOCATIONS CIP 211 In accordance with AGENCY's "Notice Inviting Informal Bids", the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the abovestated project as set forth in the Plans, Specifications, and Contract Documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and Contract Documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Proposal Bid Sheets. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the Bid Bond accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts. BIDDER agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and that the BIDDER will comply with such provisions of that code before commencing the performance of this Contract if awarded to it. BIDDER certifies that in all previous contracts or subcontracts, all reports that may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud. P-1

16 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder's Name Business Address Telephone: ( ) State Contractor's License No. and Class Original Date Issued Expiration Date The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal: The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All current and prior DBAs, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: P-2

17 BIDDER'S NAME LIST OF SUBCONTRACTORS BIDDER proposes to subcontract certain portions of the work, and to procure materials and equipment from suppliers and vendors as follows: Name of Subcontractor or Supplier License No. Address/Phone # of Office, Mill or Shop Percent of Total Contract Bid Items (List % of Bid Item if Portion Only) P-3

18 BIDDER'S NAME REFERENCES The following are the project names, addresses, contact persons, and phone numbers for three public agencies for which BIDDER has performed similar work within the past two years: DESIGNATION OF SURETIES The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds: P-4

19 CITY OF MISSION VIEJO PUBLIC WORKS DEPARTMENT BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The Bidder is required to state any and all instances of being disqualified, removed, or otherwise prevented from bidding on or completing any contract for construction. 1. Have you ever been disqualified from any contract? Yes No 2. If yes, explain the circumstances: Signature of Bidder P-5

20 PROPOSAL IN WITNESS WHEREOF, Bidder executes and submits this proposal with the names, titles, hands and seals of all forenamed principals this day of, BIDDER Subscribed and sworn to this day of, NOTARY PUBLIC AGENCY acknowledges that this proposal was received and opened at the time and in the place specified, and that it was accompanied by the required guarantee in the amount of ten percent (10%) of the total bid. By: Title P-6

21 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ) ss COUNTY OF ), being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agency thereof to effectuate a collusive or sham bid." Signed Print Name Title Subscribed and sworn to before me this day of, Signature of Notary Public (SEAL) P-7

22 (10% of the Proposal Amount) Bond # CITY OF MISSION VIEJO BID BOND SAFE ROUTES TO SCHOOL SIDEWALK & RAMP IMPROVEMENTS VARIOUS LOCATIONS CIP 211 KNOW ALL MEN BY THESE PRESENTS that we as Principal/Bidder, and as Surety, are held and firmly bound unto City of Mission Viejo as Agency in the penal sum of Dollars ($ ), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The conditions of this obligation are such that whereas the Principal/Bidder submitted to the Agency a certain Proposal, attached hereto and hereby made a part hereof, to enter into a contract in writing for the and will furnish all required certificates of insurance and bonds as required by the Contract. NOW THEREFORE, if said Proposal shall be rejected; or in the alternate, if said Proposal shall be accepted, and the Principal/Bidder shall execute and deliver a contract in the prescribed Form of Agreement, shall deliver certificates evidencing that the required insurance is in effect and shall execute and deliver Performance and Payment Bonds in the forms prescribed, and shall in all other respects perform the agreement created by the acceptance of said Proposal, then this obligation shall be void; otherwise, this obligation shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all default of the Principal/Bidder hereunder shall be the amount of this obligation as herein stated. In the event suit is brought upon this bond by Agency and judgment is recovered, Surety shall pay all costs incurred by Agency in said suit, including a reasonable attorney's fee to be fixed by the court. The Surety, for the value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall in no way be impaired or affected by an extension of the time within which the Agency may accept such a proposal; and said Surety does hereby waive notice of any such extension. P-8

23 BID BOND (Page Two) IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this day of, 2012, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ATTEST: (Principal/Bidder) (Address) (By) (Title) NOTE: SIGNATURE OF CORPORATE OFFICIALS MUST BE NOTARIZED ATTEST: (Surety) (Address) (By) (Title) NOTE: SIGNATURE OF SURETY OFFICIALS MUST BE NOTARIZED BOND APPROVED AS TO FORM: William P. Curley III City Attorney City of Mission Viejo P-9

24 BID BOND (Page Three) ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ) On, 2012, before me,, Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. (Seal) Signature P-10

25 CITY OF MISSION VIEJO PROPOSAL BID SHEET SAFE ROUTES TO SCHOOL SIDEWALK & RAMP IMPROVEMENTS VARIOUS LOCATIONS CIP 211 The following estimate of quantities of work to be done and materials to be furnished are approximate only. It is given as a basis for comparison of bids and the City does not expressly or by implication agree that the actual amount of work will correspond therewith. BID SCHEDULE Item No. Item Description Unit Quantity Unit Price Total Amount MISCELLANEOUS 1 Mobilization LS 1 $ $ 2* 3 4 CURB RAMP IMPROVEMENTS AT VARIOUS LOCATIONS Remove and Replace PCC Curb & Gutter (incl. 12 AC Slot Patch) Remove Existing Sidewalk and Construct PCC Access Ramp per City of Mission Viejo Std. Plan 322, Type 2 Remove Existing Sidewalk and Construct PCC Access Ramp per City of Mission Viejo Std. Plan 322, Type 3 LF 800 $ $ SF 2,700 $ $ SF 1,350 $ $ 5 Remove and Replace PCC Sidewalk SF 500 $ $ 6** 7 8*** Modify Existing Irrigation Systems and Restore Landscaping Install Truncated Dome Mats per Caltrans Std. Plan RSP A88A Demolish Existing / Construct New Parkway Culvert & Down Drain per City of Mission Viejo Std. Plan 407, Type B and Std. Plan 439 LS 1 $ $ EA 27 $ $ LS 1 $ $ 9 Remove Existing and Place New Crosswalk Striping LS 1 By Others Construct PCC Sidewalk per City of Mission Viejo Std. Plan 321 Construct PCC 2 High Retaining Curb per Detail on Plan NAPOLI WAY SIDEWALK INSTALLATION SF 1,600 $ $ LF 125 $ $ 12 Remove and Dispose of Existing Trees EA 3 $ $ 13 14** Unclassified Excavation (For Retaining Walls and Sidewalk) Modify Existing Irrigation Systems and Restore Landscaping CY 75 $ $ LS 1 $ $ 15 Root Barrier LF 20 $ $ 16 Erosion Control LS 1 $ $ 17 Traffic Control LS 1 $ $ Total Bid Amount $ * This bid item includes the curb and gutter replacement(s) associated with the access ramp improvements. ** Contractor is responsible during preparation of his bid to review all locations of curb ramps / improvements shown in these specifications and include sufficient funds in the lump sum bid item to modify existing irrigation systems and replace vegetation disturbed by construction. P-11

26 *** This bid item concerns the existing parkway culvert on the east side of Veterans Way which conflicts with the proposed Type 3 curb ramp. This bid item shall include demolition of the existing parkway culvert and conflicting portions of the down drain / terrace drain, demolition of existing sidewalk north of the crosswalk to accommodate a new parkway culvert, construction of a new parkway culvert per City of Mission Viejo Std. Plan 407, Type B, modifications to the existing down drain / terrace drain, construction of a new down drain / terrace drain to connect to the new parkway culvert per City of Mission Viejo Std. Plan 439, new sidewalk connecting the existing asphalt concrete walkway to the new Type 3 curb ramp per City of Mission Viejo Std. Plan 321, and any fine grading as necessary to restore the area. This bid item excludes construction of the proposed Type 3 curb ramp, which will paid for separately under bid item no. 4. Clearing and grubbing, and fine grading/subgrade preparation shall be included in the applicable items of work. NOTE: The City places special emphasis on the presence of the Contractor's representative at all times while work is being performed. A representative from the prime Contractor shall be present at all times. The Contractor must include this cost in its bid. Failure to have the prime Contractor's representative present in accordance with Section 7-6 of the Standard Specifications shall result in the deduction of $1,000 per day from progress payments to the Contractor. The unit quantities listed in the Proposal Bid Sheet are approximate only. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Proposal Bid Sheet, the Contract Unit Prices will prevail subject to the provisions of Subsection (unless otherwise specified). Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract; this includes rejected material not unloaded from vehicles, material rejected after is has been placed and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. In case of a variation between the unit price and the totals shown by Bidder, the unit price will be considered to be the bid. The unit price or lump sum prices to be paid for the items listed in the Proposal Bid Sheet shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details as shown on the plans and as specified herein. Any work shown on the plans, for which there is no specific bid item, shall be considered as appurtenant. All costs shall be included within the appropriate item of the Contractor's bid. Proposals must be accompanied by a proposal guarantee consisting of a certified check or bid bond payable to the AGENCY in the amount of ten percent (10%) of the total amount bid. Bidder's Name Telephone No. P-12

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35 CITY OF MISSION VIEJO CONTRACT AGREEMENT SAFE ROUTES TO SCHOOL SIDEWALK & RAMP IMPROVEMENTS VARIOUS LOCATIONS CIP 211 THIS CONTRACT AGREEMENT is made and entered into for the above-stated project this day of, 2012, BY AND BETWEEN THE CITY OF MISSION VIEJO, as CITY and as CONTRACTOR. WITNESSETH that CITY and CONTRACTOR have mutually agreed as follows: ARTICLE I The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal, General Specifications, Special Provisions in accordance with the Standard Specifications for Public Works Construction, Faithful Performance Bond, Labor and Material Bond, and all referenced specifications, details, Standard Plans and appendices, including all applicable State and Federal requirements; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, all the foregoing shall be referenced as the Contract Documents ). All of the provisions of said contract documents are made a part hereof as though fully set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project and to fulfill all other obligations as set forth in the aforesaid Contract Documents. ARTICLE III CONTRACTOR agrees to receive and accept the prices set forth in the proposal as full compensation for furnishing all materials, performing all work and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages and consequences arising out of the nature of work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole hereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. CA-1

36 ARTICLE IV CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the Contract Documents. The total amount of this contract shall not exceed Dollars ($ ). CONTRACTOR shall not be compensated for any services rendered in connection with its performance of this agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council, or if pursuant to its authority, the City Manager, or his or her designee. CONTRACTOR shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager or CITY representative and CONTRACTOR at the time CITY s written authorization is given to CONTRACTOR for the performance of said services. The City Manager may approve additional work not to exceed 15% of the contract amount approved by City Council or $30,000, whichever is less. Any additional work in excess of this amount shall be approved by the City Council. ARTICLE V CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employee to be insured against liability for Workers Compensation or to undertake selfinsurance in accordance with the provisions of that code, and certifies compliance with such provisions. ARTICLE VI CONTRACTOR agrees to indemnify and hold harmless CITY and all of its officers and agents from any claims, demands or causes of action, including related expenses, attorney's fees and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder. ARTICLE VII CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint venturers and/or corporate officers having a principal interest herein. CA-2

37 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first written. CONTRACTOR: CITY OF MISSION VIEJO By: Date Dennis R. Wilberg Date Title: City Manager ATTEST: By: Date Karen Hamman Date Title: City Clerk APPROVED AS TO FORM: William P. Curley, III City Attorney Date NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED CA-3

38 ACKNOWLEDGMENT State of California ) County of Orange ) On, before me,, Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature CA-4

39 Premium $ Premium will be based on final contract amount. Bond No.: CITY OF MISSION VIEJO FAITHFUL PERFORMANCE BOND SAFE ROUTES TO SCHOOL SIDEWALK & RAMP IMPROVEMENTS VARIOUS LOCATIONS CIP 211 THAT, WHEREAS, the City of Mission Viejo, State of California, entered into a contract dated, 2012, hereinafter called Contract, with (name and address of contractor), hereinafter called Principal, for the work described as follows: and Safe Routes to School Sidewalk & Ramp Improvements at Various Locations WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, WE, the Principal and, duly authorized to transact business under the laws of the State of California, as Surety, hereinafter called Surety, are held and firmly bound unto the City of Mission Viejo in the penal sum of Dollars ($ ), lawful money of the United States, said sum being not less than one hundred percent (100%) of the estimated amount payable by the said City of Mission Viejo under the terms of the Contract for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said Contract, and in any alteration thereof made as therein provided, on his or its part to be kept and performed, at the time and in the intent and meaning, and shall indemnify and save harmless the City of Mission Viejo, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. As part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney s fees incurred by the City of Mission Viejo in successfully enforcing the obligation, all to be taxed as costs and included in any judgment rendered. CA-5

40 FAITHFUL PERFORMANCE BOND (Page 2) The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on, (Seal) SURETY: (Seal) PRINCIPAL: By: Name: Title: By: Name: Title: By: Name: Title: APPROVED AS TO FORM: William P. Curley, III City Attorney, City of Mission Viejo CA-6

41 Premium $ Premium will be based on final contract amount. Bond No.: CITY OF MISSION VIEJO LABOR AND MATERIAL PAYMENT BOND SAFE ROUTES TO SCHOOL SIDEWALK & RAMP IMPROVEMENTS VARIOUS LOCATIONS CIP 211 KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the City of Mission Viejo has awarded to (name and address of contractor), hereinafter called Contractor, a contract for the work described as follows: and Safe Routes to School Sidewalk & Ramp Improvements at Various Locations; WHEREAS, said Contractor is required by the provisions of Sections of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned Contractor as Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, hereinafter called Surety, are held and firmly bound unto the City of Mission Viejo, California, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Contract and referred to in Title 15 of the Civil Code, in the penal sum of Dollars ($ ), lawful money of the United States, said sum being not less than one hundred percent (100%) of the estimated amount payable by the said City of Mission Viejo under the terms of the Contract for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors and assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work under the Contract to be done, or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Chapter 7 of Title 5 of Part 4 of Division 3 of the Civil Code, and provided that the claimant shall have complied with the provisions of said Civil Code, the Surety shall pay for the same in an amount not exceeding the sum specified in this bond; otherwise, the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay costs and reasonable expenses and fees, including reasonable attorneys fees to be fixed by the Court. CA-7

42 PAYMENT BOND (Page 2) This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and shall also cover payment for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor or his or its subcontractors pursuant to Section of the Unemployment Insurance Code. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect it obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on, (Seal) SURETY: (Seal) PRINCIPAL: By: Name: Title: By: Name: Title: By: Name: Title: APPROVED AS TO FORM: William P. Curley, III City Attorney, City of Mission Viejo CA-8

43 CITY OF MISSION VIEJO COMPENSATION INSURANCE CERTIFICATE SAFE ROUTES TO SCHOOL SIDEWALK & RAMP IMPROVEMENTS VARIOUS LOCATIONS CIP 211 Pursuant to Section 1861 of the State Labor Code (amended by Stats. 1979, C.373, p. 1343), before beginning work, the Contractor shall furnish to the City Engineer a certificate of insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. Before beginning work, the Contractor shall furnish to the City Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. Contractor, prior to commencing work, shall sign and file with the City of Mission Viejo a certification as follows: I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. CONTRACTOR By: Title: Date: CA-9

44 Section 3700 of the State Labor Code reads as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) (b) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in the state. By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee." (Amended by Stats, 1978, c. 1379, p. 4571) Compensation Insurance Certificate To be Submitted with Contract Agreement CA-10

45 CITY OF MISSION VIEJO GENERAL SPECIFICATIONS SAFE ROUTES TO SCHOOL SIDEWALK & RAMP IMPROVEMENTS VARIOUS LOCATIONS CIP 211 SCOPE OF WORK The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above-stated project. LOCATION OF WORK The general location of the work is Napoli Way and approximately thirteen other locations for ramp installations within the City of Mission Viejo. TIME OF COMPLETION The Contractor shall complete all work in every detail within thirty (30) working days after the date of the Notice to Proceed. TRAFFIC REQUIREMENTS The Contractor shall provide delineation in accordance with the WATCH Manual or as directed by the Engineer. The Contractor shall only be permitted to close the shoulder of the roadway, which is the area normally used for parking by vehicles, in order to facilitate construction of the improvements. See Section of the Special Provisions for limitations on lane closure hours. UTILITY REQUIREMENTS The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to Underground Service Alert by calling 1 (800) Contractor shall provide the Agency with proof of contact with USA upon request. The Contractor shall notify the following agencies at least 48 hours in advance of excavating around any of their structures. The utility companies listed below can be contacted as indicated. Southern California Gas Company 1919 South State College Anaheim, California George Rice (714) AT&T California 1265 North Van Buren, Room 180 Anaheim, California Leslie Monty (714) Cox Communications Avenida de las Banderas Rancho Santa Margarita, California Steve Weibel (949) City of Mission Viejo East La Paz Road Mission Viejo, California Jerry Hill (949) GS-1

46 Southern California Edison Bake Parkway Irvine, California Darren Halvorson (949) San Diego Gas & Electric 662 Camino de los Mares, SD1421 San Clemente, California Patti Good (949) Santa Margarita Water District P.O. Box 7005 Mission Viejo, CA Clay Hutter (949) Moulton-Niguel Water District La Paz Road Laguna Niguel, California Ray McDowell (949) Saddleback Valley Unified School District Peter A. Hartman Way Mission Viejo, California Jim Simone, Manager Maintenance & Operations (949) Capistrano Unified School District Calle Perfecto San Juan Capistrano, CA Al Becerra, Manager Maintenance & Capital Projects (949) The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition. The Contractor shall notify the Southern California Gas Company's Headquarters Planning Office at (714) at least two (2) working days prior to the start of construction. The Contractor shall exercise extreme care to protect all existing utilities in place whether shown on the plans or not, and shall assume full responsibility for all damage resulting from its operations. The Contractor shall coordinate with each utility company as to the requirements and methods for protection of their facilities during the construction period and shall be responsible for preparation and processing of any required plans or permits. The Contractor shall assume full responsibility to maintain uninterrupted service for all utilities. By submitting a bid, the Contractor acknowledges the above-referenced utility work to be done in conjunction with this project. The Contractor shall schedule its work and conduct its operations so as to permit access and time for the required utility work to be accomplished during the progress of the work. The Contractor shall coordinate with each utility company as to the extent of required work and the time required to do so. The Contractor shall include this time in its schedule. Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet and no additional compensation will be allowed. FLOW AND ACCEPTANCE OF WATER It is anticipated that storm, surface, or other waters will be encountered at various times and locations during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that he has investigated the risk arising from such waters and has prepared his bid accordingly, and Contractor, by submitting a bid, assumes all of said risk. REMOVAL OF WATER The Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all water entering the excavations or other parts of the work. No concrete footing or floor shall be laid in water nor shall water be allowed to rise over them until the concrete or mortar has set at least two (2) hours. Water shall not be allowed to rise unequally against any walls for a period of twenty-eight (28) days. Dewatering GS-2

47 for the structures and pipelines shall commence when ground water is first encountered, and shall be continuous until such time as water can be allowed to rise in accordance with the above statement. Dewatering shall be accomplished by well points or some other method which will insure a dry hold and preservation of final lines and grade of the bottoms of excavation, all subject to the approval of the Engineer. Dewatering methods and disposal of water from dewatering operations shall be the sole responsibility of the Contractor and shall conform to the requirements of the State Regional Water Quality Control Board, the requirements of the National Pollution Discharge Elimination System (NPDES), and the Federal Clean Water Act. Full compensation for dewatering shall be considered as included in the contract prices paid for the related items of work, and no additional compensation will be allowed therefor. STANDARD SPECIFICATIONS The Standard Specifications of the Agency are contained in the 2012 Edition of the Standard Specifications for Public Works Construction, including all supplements, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated P. O. Box 3031 Terminal Annex Los Angeles, California (213) The Standard Specifications set forth above will control the provisions for this contract except as amended by the Plans, General Specifications, Special Provisions, or other contract documents. The section numbers of the following Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment or elaboration, or specifying options, are called out. In case of conflict between the Standard Specifications and the General Specifications or Special Provisions, the General Specifications and Special Provisions shall take precedence over and be used in lieu of such conflicting portions of the Standard Specifications. References in the Special Provisions to "Caltrans Standard Specifications" shall mean the Standard Specifications (2010) of the State of California, Department of Transportation. Copies of these specifications and standard drawings may be obtained from: State of California - Department of Transportation Central Publication Distribution Unit 6002 Folsom Boulevard Sacramento, California References in the Special Provisions to Standard Plans shall mean the Standard Plans of the City of Mission Viejo and, where applicable, the Orange County Public Works Standard Plans, latest edition, and State Department of Transportation, 2010 edition. Applicable Standard Plans for this project are contained in the Appendix of these Specifications. Where the Plans or Specifications describe portions of the work in general terms but not in complete detail, it is understood that the item is to be furnished and installed complete and in GS-3

48 place and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the contract. WAGE RATES AND LABOR CODE REQUIREMENTS Wage Rates Minimum wage rates for this project have been predetermined by the Secretary of Labor. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates as determined by the State for similar classifications of labor, the Contractor and his subcontractors shall pay not less than the higher wage rate. Copies of the State prevailing wage rates and the latest revisions thereto are on file in the office of the City Clerk and are available for review upon request. Attention is directed to the provisions of Sections 1776, , and of the State Labor Code. Section 1776 requires the Contractor and all Subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures, and certain notices required of the Contractor pertaining to their location. Apprentices Section requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules, and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. CLAYTON ACT AND CARTWRIGHT ACT Section 4551 of the State Government Code specifies that in executing a public works contract with the City to supply goods, services, or materials the Contractor or subcontractors offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC Section 15) or under the Cartwright Act (Chapter 2 commencing with Sec ) of Part 2 of Division 7 of the Business and Professional Code arising from purchase of goods, services, or materials pursuant to the contract or subcontract. This assignment shall become affective when the City tenders final payment to the Contract without further acknowledgement by the parties. SUBSTITUTION OF SECURITIES In conformance with the State of California Government Code Chapter 13, Section 4590, the Contractor may substitute securities for any monies withheld by the City to ensure performance under the contract. GS-4

49 At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a State- or Federally-chartered bank as the escrow agent who shall pay such monies to the Contractor upon notification by City of Contractor's satisfactory completion of the contract. The type of securities deposited and the method of release shall be approved by the City Attorney's office. WATER POLLUTION CONTROL (NPDES COMPLIANCE) The City of Mission Viejo, in conformance with the City s National Pollutant Discharge Elimination System (NPDES) Permit issued by the San Diego Regional Water Quality Control Board (SDRWQCB) (Permit No. R ) is dedicated to the elimination of water pollution as a result of construction projects. In order to comply with the NPDES Permit requirements, the City of Mission Viejo in conjunction with the County of Orange has developed a Construction Runoff Guidance Manual. This document is available for download on the City Website at The Contractor shall comply with all requirements of the Construction Runoff Guidance Manual during the construction of the project. In addition, the City has developed a Water Quality Local Implementation Plan (LIP), which contains Construction Best Management Practices (BMPs). Copies of these BMPs can be downloaded from the California Stormwater Best Management Practice Construction (BMP) Handbook available for free at The Contractor shall implement and maintain all appropriate BMPs necessary or as required by the Engineer to eliminate illicit discharges, prevent potential illicit discharges, and prevent debris/dirt/trash, etc. from entering drainage systems. Drainage inlets and/or catch basins within the construction work area and immediately adjacent to the work area shall be protected at all times with appropriate BMPs to prevent debris/dirt/trash, etc from entering said devices. In addition, the Contractor shall comply with the City of Mission Viejo s Water Quality and Grading Ordinances, and construct those facilities as specified by these documents, as required by law, or as directed by the Engineer, as necessary to eliminate water pollution. Said items are intended to provide prevention, control, and abatement of water pollution into storm drain systems, streams, oceans, and other bodies of water as a result of the Contractor s operations. The Contractor is advised that under no circumstances (except for the exemptions listed in Permit No. R ) is the Contractor permitted to discharge any water into the storm drain system, gutter, street, or to any other area which ultimately may allow the water to migrate to the storm drain system. These requirements are supplemental to those required of the Contractor in Section 7-8 Project Site Maintenance of the Standard Specifications for Public Works Construction. In addition, listed below are BMPs related to common construction activities that shall be utilized: 1. Concrete and Mortar Products The Contractor shall prevent the discharge of pollutants into storm water or storm water systems from concrete waste by conducting washouts at appropriate off-site locations, performing on-site washouts in a designated area, and providing appropriate training for employees and subcontractors. The Contractor shall store and mix dry and wet materials either off-site or under cover, away from drainage areas. GS-5

50 For washout of concrete trucks, the Contractor shall provide appropriate off-site locations or designated contained areas at least 50 feet away from storm drains, open ditches, streets, or streams. The Contractor shall prevent run-off from designated washout areas by constructing a temporary pit or bermed area large enough to handle all produced liquid and solid waste. When concrete sets, break up and dispose of concrete in construction fills per direction of the soils engineer or dispose of it as solid waste and/or recycle. The Contractor shall inform concrete suppliers and subcontractors of the designated washout locations and disposal sites for concrete and mortar products and shall be responsible for ensuring that all workers use it appropriately. 2. Asphalt and Bituminous Products The Contractor shall prevent the discharge of pollutants from asphalt and bituminous operations by preventing run-on and run-off of water during paving operations and providing appropriate training for employees and subcontractors. In addition, the Contractor shall: a. Avoid prime or tack coating during wet weather. b. Store materials away from drainage courses. c. Cover catch basins and manholes when applying seal coat, tack coat, slurry seal, fog seal, etc. d. Make sure sand or gravel placed over new asphalt does not wash into storm drains, streets, or creeks. e. Dispose of old asphalt properly and collect and remove all broken asphalt from the site and recycle whenever possible. f. Not dispose of asphalt products into waterways. g. Follow the storm water permitting requirements for industrial activities if paving involves an on-site mixing plant. 3. Construction Water The Contractor shall eliminate excessive construction water that may cause erosion and carry pollutants from the site. In addition, the Contractor shall: a. Store construction water in leak-proof tanks located away from drainage systems. b. Use construction water conservatively. c. Whenever possible, dispose of excess water on-site by allowing it to soak into the ground. 4. Sawcutting Water Runoff Sawcutting water runoff contains pollutants that must be contained and disposed of properly. The Contractor shall: a. Prevent sawcut water runoff from entering catch basins, manholes, and storm drains. GS-6

51 b. Direct water into a temporary pit and dispose of the water by vacuuming the water into a truck and removing the water from the site. c. Place drip pans or absorbent materials under sawcutting equipment when not in use. d. Clean up spills with absorbent materials rather than burying. Dispose of absorbent material properly. 5. Housekeeping/Cleanup The Contractor shall prevent pollution of storm water from clean-up and disposal operations by using good housekeeping methods. When fluids or dry materials spill, clean-up should be immediate, thorough, and routine. The Contractor shall never attempt to wash them away with water or bury them. The Contractor shall report significant spills to the appropriate spill response agencies immediately. The Contractor shall recognize that different types of materials have different disposal requirements and follow appropriate practices. The Contractor shall confine non-hazardous debris to dumpsters, covered at night or during wet weather, and take the debris to a landfill for recycling or disposal. The Contractor shall handle hazardous debris in accordance with specific laws and regulations and dispose of them properly. A separate permit may be required. Common hazardous debris found on construction sites are: Liquid residues from paints, thinners, solvents, glues, and cleaning fluids; leaching agents from lumber such as formaldehyde, arsenic, copper, creosote, and chromium; motor oil; gear oil; antifreeze fluids; brake fluids; etc.; and unused pesticides. 6. Sanitary Waste Management The Contractor shall prevent the discharge of sanitary waste into storm water systems by providing convenient, properly located, well-maintained facilities. The Contractor shall hire a licensed portable sanitary facility leasing company, which will clean the facilities regularly and keep them in good working order. The Contractor shall make sure that portable sanitary facilities are located on relatively level ground away from traffic areas, drainage courses, storm drain courses, and storm drain inlets and install protective BMPs where appropriate. The Contractor shall regularly inspect the facilities for any leaks, and have defective units replaced. 7. Vehicle and Equipment Management The Contractor shall use and maintain construction vehicles and equipment in a manner that prevents leaks and spills of fluids, contains wash waters, and controls off-site tracking. The Contractor shall not allow leaking vehicles and equipment on-site and shall inspect equipment and vehicles frequently for leaks and repair them immediately. The Contractor shall clean up spills and leaks promptly with absorbent materials, and shall not flush said spills with water. The Contractor shall fuel, maintain, and repair vehicles and equipment off-site whenever possible, and on-site only in designated areas. The Contractor shall prevent run-on and run-off from designated areas and provide cover as well as containment devices as necessary. GS-7

52 The Contractor shall wash vehicles and equipment on-site in designated, contained areas, allowing wash waters to infiltrate into the ground. The Contractor shall use phosphate-free, biodegradable soaps, and limit steam cleaning to confined areas only. When not in use, the Contractor shall store equipment and vehicles in designated, contained areas and place drip pans and absorbent material under stored equipment that is prone to leaking and dripping (e.g., paving equipment). If the Contractor must drain and replace motor oil, radiator coolant, or other fluids onsite, use drip pans or drop cloths to catch drips and spills and have appropriate spill containment devices in place. The Contractor shall collect all spent fluids, store in separate containers, and recycle whenever possible. Note: For recycling purposes, such liquids must not be mixed with other fluids. Non-recycled fluids generally must be disposed of as hazardous waste. 8. Surface and Subsurface Water Control The Contractor shall prevent the discharge of pollutants into storm water or storm water systems as a result of surface and subsurface water control operations by using the following methods: For surface water control operations where the flow is routed to bypass the construction area, establish stable (erosion resistant) conveyance routes for the diverted flow. Trap any significant sediment (e.g., mud) generated by the rerouted flow in a sediment trap, filtering berm, or basin or other approved BMP. In subsurface pumping or other subsurface water control operations where significant amounts of sediment (e.g., mud) are present in the removed water, capture the sediment in a sediment trap, filtering berm, or basin or other approved BMP. If a sediment trap or basin is required for the surface or subsurface water control operations, the facility should be designed such that the sediment is settled or trapped in the facility prior to discharging of the water. In areas suspected of groundwater pollution, sample the groundwater near the excavation/pumping site and have the water tested for known or suspected pollutants at a certified laboratory. Any proposed discharge of groundwater may be subject to requirements of the Regional Water Quality Control Board. Except as otherwise provided for in the Standard Specifications or elsewhere in these Special Provisions, full compensation for conforming to the requirements of this section including furnishing all labor, tools, equipment, and materials necessary for doing the work, shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor. GS-8

53 PART I GENERAL PROVISIONS CITY OF MISSION VIEJO SPECIAL PROVISIONS SAFE ROUTES TO SCHOOL SIDEWALK & RAMP IMPROVEMENTS VARIOUS LOCATIONS CIP 211 SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS 1-2 DEFINITIONS. [Add the following:] Agency/City Board Caltrans County Engineer Federal State - City of Mission Viejo - City Council - California Department of Transportation - County of Orange - City Engineer - United States of America - State of California SECTION 2 SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF CONTRACT. [Replace with the following:] Within ten (10) working days after the date of the Notice of Award, the Contractor shall execute and return the following contract documents to the Agency: Contract Document Faithful Performance Bond Payment Bond Public Liability and Property Damage Insurance Certificate Workmen's Compensation Insurance Certificate Failure to comply with the above will result in annulment of the award and forfeiture of the Proposal Guarantee at the sole discretion of Agency. The Contract Agreement shall not be considered binding upon the Agency until executed by the authorized Agency officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the Agency, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-4 CONTRACT BONDS. [Add the following:] Both the Faithful Performance Bond and the Labor and Material Bond shall each be for not less than one hundred percent (100%) of the total contract amount. The Labor and Material Bond shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion. The Faithful Performance Bond will be held for one year after said date. SP-1

54 2-5 PLANS AND SPECIFICATIONS General. [Replace the first paragraph with the following:] The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked legibly and to scale in red on this control set to show the asconstructed conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement has been met. SECTION 3 CHANGES IN WORK Markup. [Add the following as the first paragraph:] The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers, and other personnel not working directly on the change order and pickup or yard trucks used by the above personnel. These costs shall be reported as labor or equipment elsewhere except when actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed. 3-5 DISPUTED WORK. [Delete second sentence and add the following:] If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling, or decision of the inspector or Engineer to be unfair, he shall within ten (10) working days after any such demand is made, or instruction, ruling, or decision is given, file a written protest with the Engineer, stating clearly and in detail his objections and reasons therefor. Except for such protests and objections as are made of records, in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages, and extensions of time on account of demands, instructions, rulings, and decisions of the Engineer. Upon receipt of any such protest from the Contractor, the Engineer shall review the demands, instruction, ruling, or decision objected to and shall promptly advise the Contractor, in writing, of his final decision, which shall be binding on all parties, unless, within ten (10) days thereafter, the Contractor shall file with the City Council a formal protest against said decision of the Engineer. The City Council shall consider and render a final decision on any such protest within thirty (30) days of receipt of same. SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP General. [Add the following:] The Agency will pay for inspection and materials testing. The Contractor shall pay for re-tests and re-inspection due to failure to meet specifications. TESTING LABORATORY SERVICES FURNISHED BY THE CITY The City shall pay all charges of testing laboratories for quality control tests made in the field or laboratory on concrete, asphalt mixtures, moisture-density (Proctor), and relative density tests on embedment, fill, and backfill materials, in-place field density tests on embedments and fills, SP-2

55 and other materials and equipment, during and after their incorporation in the work. Field sampling and testing will be performed by engineering personnel, in the general manner indicated in the Specifications, with minimum interference with construction operations. Engineer shall determine the exact time and location of field sampling and testing, and may require such additional sampling and testing as necessary to determine that materials and equipment conform with data previously furnished by Contractor and with the Contract Documents. Arrangements for delivery of samples and test specimens to the testing laboratory will be made by the City. The testing laboratory shall perform all laboratory tests within a reasonable time. Contractor shall furnish all sample materials and cooperate in the sampling and field testing activities, interrupting the work when necessary. When sampling or testing activities are performed in the field by Engineer, Contractor shall furnish personnel and facilities to assist in the activities as required. TRANSMITTAL OF TEST REPORTS Written reports of tests and engineering data furnished by Contractor for Engineer's review of materials and equipment proposed to be used in the work shall be submitted as specified for Shop Drawings. The testing laboratory retained by the Engineer will furnish three copies of a written report of each test performed by laboratory personnel. Two copies of each test report will be transmitted to the Engineer and one copy to the Contractor within three working days after each test is completed. SECTION 5 UTILITIES 5-1 LOCATION. [Add the following paragraph:] The Contractor shall notify the utilities designated in the General Specifications at least 48 hours in advance of excavating around any of their structures. SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Construction Schedule [Replace the first paragraph with the following:] The Contractor's proposed Construction Schedule shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Award of Contract. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. It shall also show the Contractor s critical path (controlling items of work). Prior to issuing the Notice to Proceed, the Engineer will schedule a pre-construction meeting with the respective Contractor to review the proposed Construction Schedule and delivery dates, arrange the utility coordination, discuss construction methods, and clarify inspection procedures. SP-3

56 The Contractor shall submit periodic Progress Reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-7 TIME OF COMPLETION General. [Add the following:] The time for completion shall be as set forth in the General Specifications Working Day. [Add the following:] All activities, shall be confined to the hours between 8:00 a.m. to 4:00 p.m., Monday through Friday, unless otherwise directed by the City. Work shall be prohibited at all times on Friday night, Saturday, Sunday, State holidays, or Federal holidays. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. Construction activities during Agency Special Events may be restricted by Agency to exclude all or part of the work on primary arterial or access roads to the Special Events as determined by Engineer. The Contractor shall be responsible to ascertain the exact times of any such events within his proposed construction schedule, which may restrict his operation, and shall adjust his schedule accordingly. The construction restrictions shall only be for the actual days the events occur. All costs for maintaining traffic control, protection of work site, and remobilization shall be deemed as included in the various items of work shown on the bid sheet and no additional compensation will be allowed. 6-9 LIQUIDATED DAMAGES. [Replace with the following:] It is agreed by the parties to the Contract that time is of the essence and that in the case that all the work is not complete before or upon the expiration of the time limit set forth, damage will be sustained by the City. For each consecutive calendar day in excess of the time specified for the completion of the work, the Contractor shall pay to the Agency Five Hundred Dollars ($500.00). In addition, the City shall have the right to charge to the Contractor and to deduct from payments for the work the actual cost to the City of engineering, inspection, superintendence, and other overhead expenses, which are directly chargeable to the Contract and which accrue during the period of such delay. The expenses and damages described above shall be deducted from any money due the Contractor under this contract. The Contractor and his sureties shall be liable for any excess cost. SP-4

57 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. [Add the following:] A noise level limit of 86 dba at a distance of fifty feet (50') shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. 7-2 LABOR Laws. [Add the following:] The Contractor and all subcontractors, suppliers, and vendors shall comply with all Agency, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. 7-3 LIABILITY INSURANCE. [Replace the entire Subsection with the following:] Indemnification. The Contractor shall indemnify and save harmless the City of Mission Viejo, from all claims or suits for damages arising from his prosecution of the contract work, as more fully described in Subsection "Contractor's Liability". The Contractor shall maintain during the life of the contract a protective liability policy. See Section 18 of Instructions to Bidders Contractor's Liability. The City of Mission Viejo, its officers, employees, agents and volunteers shall not be answerable or accountable in any manner, for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workmen or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workmen, or anyone employed by him; against all of which injuries or damages to persons and property the Contractor having control over such work must properly guard. The Contractor shall be responsible for any damage to any person or property resulting from defects or obstructions at any time before its completion and final acceptance, and shall indemnify and save harmless the City of Mission Viejo, its officers, employees, agents, and volunteers from all suits or actions of every name and description, brought for, or on account of, any injuries or damages received or sustained by any person or persons, by the Contractor, his servants or agents, in the construction of the work or by or in consequence of any negligence in guarding the same, in improper materials used in its construction, or by or on account of any act or omission of the Contractor or his agents, and so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages aforesaid. SP-5

58 If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, he may order the Contractor to take further precautions; and if the Contractor shall fail to do so, the Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any moneys due or becoming due the Contractor. Failure of the Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety. From time to time during the period of this contract, the City may be served with claims as a result of conduct by Contractor, which claims are for property damage or other damage in amounts of Five Hundred Dollars ($500.00) or less. These claims may be resolved informally by City, within City's discretion, and charged back against Contractor by funds held in retention to meet these claims. The City will appoint a Claims Administrator who will act on behalf of the City and Contractor. The Administrator will recommend to City the resolution of any claim. The Claims Administrator's recommendation for payment shall be paid by Contractor within 30 days of the date of the recommendation. If Contractor fails to make payment to claimant within 30 days of the Administrator's decision, the City may make payment to the claimant and withhold, as retention, sufficient funds to reimburse City upon completion of the contract. Prior to making his recommendation, the Administrator will obtain from Contractor all evidence relevant to the claim. Contractor will have ten days from the date requested by the Administrator to submit any evidence in the defense of the claim. Failure to do so waives any objection by Contractor to payment of the claim if, after an independent investigation, it is the opinion of the Administrator to make payment of that claim. 7-5 PERMITS. [Replace with the following:] Prior to the start of any work, the Contractor shall take out the applicable Agency permits and make arrangements for Agency inspections. Requests for inspections shall be made to the City of Mission Viejo, as lead Agency, 24 hours in advance of need. The Contractor and all subcontractors shall each obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or public utility. Payment for this work shall be included in the bid items of work and no additional compensation will be allowed. The City of Mission Viejo will waive its usual permit fees. 7-7 COOPERATION AND COLLATERAL WORK. [Add the following:] The Contractor is advised as to the possibility of other construction projects within the proposed construction zone by the City of Mission Viejo, other governing agencies, or private enterprises. In the event of such projects, the Contractor shall coordinate with the applicable parties as to the extent of any time required to complete their work and shall schedule his work and conduct his operations so as to permit access and time as required for the concurrent work. The Contractor shall immediately notify the Engineer in the event of a delay in scheduling caused solely by this concurrent work. Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet and no additional compensation will be allowed. SP-6

59 7-10 PUBLIC CONVENIENCE AND SAFETY Traffic and Access. [Add the following paragraph:] When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. At least partial driveway access shall be maintained at all times, unless otherwise approved by the City. Complete driveway access shall be restored outside of working hours. Pedestrian access shall be maintained during access ramp re-construction. The Contractor shall notify in writing all affected property owners of the proposed construction schedule a minimum of 48 hours, but not more than 72 hours, in advance of any limitation or closure of access to their property. Form of said notice shall be as approved by the Engineer and shall contain the date and time of the closure. In the event of delay, whether beyond the control of the Contractor or not, the Contractor shall notify all affected property owners as to the extent of the delay and his revised schedule. In the event of delay over 72 hours, the Contractor shall re-notify the property owners as described above. Payment for notification and coordination as per Section 7-10 as modified herein shall be included in the compensation paid for the various items of work and no additional compensation will be allowed. The "Notices" will be furnished by the Contractor Storage of Equipment and Materials in Public Streets. [Replace with the following:] No storage of equipment or materials shall be allowed within the public right-of-way outside of working hours. The Contractor may, at his own expense, maintain and operate a work and storage area outside of the public right-of-way. In such case, the Contractor shall submit to Agency written authorization from the owners of the subject property prior to occupation. Occupation of site without written authorization shall be grounds for immediate suspension of work. Location of the site is to be approved by Agency. Condition and operation of yard shall conform to these Specifications. The Contractor shall assume full responsibility for all damage to the site resulting from his operations and shall repair and/or replace same, at his own expense, to the satisfaction of the owner of the subject property. The Contractor shall vacate site and return it to pre-project condition within five (5) working days following application for Notice of Completion. The Contractor shall obtain a written release from the property owner accepting the condition of the vacated site and releasing the Contractor from any further clean-up or restoration work and shall submit a copy of such release to Agency. The Notice of Completion will not be issued until said release is submitted Street Closures, Detours, Barricades. [Add the following:] The Contractor shall provide and maintain all other signs, barricades, pedestals, flashers, delineators, and other necessary facilities for the protection of the public within the limits of the construction area. The Contractor shall also post proper signs to notify the public regarding detours and the condition of the roadway, all in accordance with the provisions of the Vehicle SP-7

60 Code and the current State of California Department of Transportation Manual of Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways. Special emphasis shall be placed on use of "Construction Zone Ahead" (C18R) signs at the beginning, end, and any access and/or intersection streets with roads under construction. Portable delineators shall be placed as necessary for proper delineation of the travel way. The spacing between delineators shall not exceed 50 feet on tangents or 25 feet on curves except when used for lane closure. When closure of half the roadway requires one-way traffic, the Contractor shall provide two (2) flaggers equipped with working two-way radios, one at each end of the work area, with signing and delineation as per WATCH Manual. When used for lane closures, the portable delineators shall be placed at intervals not to exceed the following: Tapers 25 Feet Edge of Closed Lane: Tangents 50 Feet Curves 25 Feet If the portable delineators are damaged, displaced, or not in an upright position from any cause, said portable delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor. The Contractor shall furnish competent flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to be encountered. Flagmen, while on duty and assigned to give warnings to the public that the highway is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instructions to Flagmen," of the Department of Transportation. The equipment shall be furnished and kept clean and in good repair by the Contractor, at his expense. Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as provided, the Engineer may direct attention to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed by the Contractor at his expense. Should the Engineer point out the inadequacy of warning and protective measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate his obligation to furnish and pay for these devices. Contractor shall notify the following entities at least forty-eight (48) hours in advance of any street closure or restriction to access. 1. City Engineer 2. Orange County Fire Authority 3. Orange County Sheriff s Department 4. Schools and School Bus Organizations 5. Trash Collectors 6. Post Office 7. Orange County Transportation Authority SP-8

61 Full compensation for conforming to this article shall be considered as included in the various items of work, and no additional compensation will be allowed therefor. All existing stop signs, street name signs and regulatory signs shall be maintained in visible locations during construction Safety Orders. [Add the following paragraph:] The Contractor shall comply with the provisions of any Agency ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection PAYROLL RECORDS. [Add new Subsection 7-15 to read:] Payroll records shall be submitted to the Agency at least once each month. Progress payments will be withheld pending receipt of any outstanding reports. SECTION 9 MEASUREMENT AND PAYMENT 9-3 PAYMENT Partial and Final Payment. [Replace the last paragraph with the following:] The full five-percent (5%) retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion. In conformance with the State of California Government Code, Chapter 13, Section 4590, the Contractor may substitute securities for any monies withheld by the AGENCY to secure performance under the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the AGENCY or with a state or federally chartered bank as the escrow agent who shall pay such monies to the Contractor upon notification by AGENCY of Contractor's satisfactory completion of the contract. Actual pay quantity measurements will be done at the end of each working day and agreed upon by both the Contractor and the City Engineer's representative. The type of securities deposited and the method of release shall be approved by the City Attorney's office Delivered Materials. [Replace with the following:] Materials and equipment delivered but not incorporated into the work will not be included in the estimate for progress payment, subject to the discretion of the City Engineer. SP-9

62 PART II CONSTRUCTION MATERIALS SECTION 200 ROCK MATERIALS ROCK PRODUCTS General. [Add the following:] Unless otherwise indicated by the Special Provisions, Alternate Rock Material Type "S" is specified. Part 4, Section 400, of the Standard Specifications for Public Works Construction will be used, as modified by Orange County RDMD Standard Plan SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS PORTLAND CEMENT CONCRETE Requirements. [Add the following:] The cement utilized shall be Type V. No substitution of materials shall be permitted The class of concrete shall be 520-C-2500 with a maximum slump of four inches (4 ) for all sidewalks, access ramps, curbs and gutters, and driveways Test for Portland Cement Concrete. [Add the following:] 1. All material shall comply with Orange County Standards and American Concrete Institute (Act I) and Uniform Building Code. 2. Product Data a. Submit complete materials list of items proposed for the work. Identify materials source. b. Submit admixture, curing compound, retarder, and accessory item product data. c. Submit material certificates for aggregates, reinforcing, and joint fillers. 3. Submit concrete delivery tickets. Show the following: a. Batch number b. Mix by class or sack content with maximum size aggregate c. Admixture d. Air content e. Slump f. Time of loading SP-10

63 4. Submit concrete test reports. 5. Provide field quality control testing and inspection during concrete operations. 6. Contractor shall provide adequate notice, cooperate with, provide access to the work, obtain samples, and assist test agency and their representatives in execution of their function. 7. Testing a. Provide slump test on first load of concrete delivered each day and whenever requested due to changes in consistency or appearance of concrete. b. Provide air indicator tests and air meter tests for all air-entrained concrete. 1) Perform air indicator test with a "Chase" AE 35 or equal air indicator and air meter test in accordance with ASTM C231 or C173. Test first load of concrete delivered each day. 2) Furnish copies of field records and test reports as listed for strength tests. c. Strength Testing 1) Provide one set of three test specimens for each 50 cubic yards placed in any one day. Secure samples in accordance with ASTM C31. 2) Test one specimen at 7 days and two specimens at 29 days in accordance with ASTM C39. 3) Furnish copies of field records and test reports as follows: 2 copies to City's representative 1 copy to Contractor 1 copy to Ready Mix supplier d. Record the exact location of the concrete in the work represented by each set of cylinders and show on test reports. e. Provide an insulated moist box for protection of the best cylinders until shipped to the laboratory Materials Portland Cement. [Add the following:] 1. Lime: ASTM C207, Type S, containing 85% by weight of calcium oxide. 2. Lime Putty: Make from hydrated lime conforming to ASTM C207, pulverized to such fineness that 100% will pass a 50-mesh sieve. Mix lime in water, run through screen into box, and age 48 hours. SP-11

64 Mixing Transit Mixers. [Add the following:] Mixes a. Provide ASTM C94 ready-mixed concrete. Batch mixing at site is not acceptable. b. Provide an approved water-reducing admixture in all concrete. c. Provide an air-entraining admixture in all concrete. Air content 5% to 7%. d. Indicate water added to mix at job site on each delivery ticket. Show quantity of water added. Site water-tempered mixes exceeding specified slump range will be rejected as not complying with specifications requirements EXPANSION JOINT FILLER. Premolded joint filler material. Type to be determined by City s recommendation. Provide in natural gray color. SP-12

65 PART III CONSTRUCTION METHODS SECTION 300 EARTHWORK CLEARING AND GRUBBING. (d) Miscellaneous In addition to the work outlined in Subsection of the Standard Specifications, the following items of work are included under Clearing and Grubbing unless otherwise covered by a specific bid item. (1) Maintain dust control at all times by watering; including developing a water supply and furnishing and placing all water required for work done in the contract, including water used for extra work. (2) Protection of utilities, trees, fences, walls, and other facilities within the construction zone, except those specifically directed by the Engineer to be removed or relocated. (3) Mobilization. (4) Clearing and removal of debris from site of work. (5) Removal of all USA mark-outs Payment. [Add the following:] Compensation for Clearing and Grubbing shall be considered as included in the various items of work and no additional compensation will be allowed UNCLASSIFIED EXCAVATION Surplus Material. [Add the following:] All surplus material shall be disposed of in a legal manner at the expense of the Contractor Payment. [Amend with the following:] Payment for all unclassified excavation shall be deemed as included in the unit price for the related item. No additional compensation is allowed therefor. SECTION 301 TREATED SOILS, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS SUBGRADE PREPARATION Relative Compaction. [Add the following after the first paragraph:] Payment for the subgrade compaction shall be deemed as included in the unit price for the related item. No additional compensation is allowed therefor. SP-13

66 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION CONCRETE CURBS, WALKS, GUTTERS, CROSS-GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS General. [Add the following paragraph:] Construction of Portland Cement Concrete curbs and gutter, sidewalk, and pedestrian ramps shall be constructed in accordance with the Plans and the Standard Specifications as modified herein. Curing compound shall be Type II conforming to the provisions in Section "Concrete Curing Compound" of the Standard Specifications. Contractor shall exercise caution in using such curing compounds so as to avoid spraying any cars that may be parked adjacent to the work site. Shapes and sizes of concrete curbs and gutters shall be as indicated on the drawings, and the concrete shall conform to all applicable conditions of these documents. Concrete shall be placed in such a manner as to prevent distortion of the forms and shall be vibrated as required to insure an acceptable product. As soon as the concrete will allow, strip the forms and trowel smooth the curb face and top. Tool the edges of expansion joints with an approved ⅜ edging tool. After curing, AC deeplift shall be placed. The completed curb and gutter shall be protected from damage until accepted. The Contractor shall repair and clean, at his own expense, all concrete damaged or discolored during construction. Where any curb requires repair before acceptance, repair shall be made by removing and replacing the entire curb between joints and not by refinishing the damaged portions. The cost of removing existing sidewalk, driveway aprons, ramps, and curb and gutter, including sawcutting, shall be included in the unit prices of the associated items of work, and no additional compensation shall be allowed. Contractor shall match existing curb face height and gutter width Forms Standard Forms. [Add the following:] 1. Use flexible metal, 1" lumber, or plywood forms to form radius bends. 2. Install, align, and level forms; stake and brace forms in place. Maintain following grade and alignment tolerances. a. Top of Form: Maximum ⅜" in 10', 0". b. Vertical Face: Maximum ¼" in 10', 0". SP-14

67 3. The Contractor shall include all fine grading and compaction with regard to setting forms during concrete placement General. [Add to the first paragraph:] 1. Provide expansion joints using premolded joint filler at concrete work abutting curbs, walks, and other fixed objects. a. Locate expansion joints as indicated. When not indicated, provide joints at maximum 10', 0" on center for curbs and walks. Align expansion joints in abutting curbs and walks. b. Install joint fillers full width and depth of joint. Recess top edge below finish where joint sealants are indicated. c. Install joint filler full width and depth of joint. Provide top edge flush with adjacent finished surface. d. Provide joint fillers in single lengths for the full slab width whenever possible. Fasten joint filler sections together when multiple lengths are required. e. Where intersecting joints occur, join top edge and continue any spliced joints without deviation of form line or direction. f. Protect the top edge of the joint filler during concrete placement Measurement and Payment. Payment for Remove and Replace Concrete Curb and Gutter shall be paid for at the contract unit price bid per LINEAR FOOT. Payment for Remove and Reconstruct Access Ramps and Remove and Replace PCC Sidewalk shall be paid for at the contract unit prices bid per SQUARE FOOT. The price bid shall be considered to include full payment for all materials, labor, equipment, and incidentals required to construct the concrete improvements (including sawcutting, removals, and AC slot patching) in accordance with the Contract Documents ROOT PRUNING. [Add new Subsection to read:] General. The work done under this section is the removal of tree roots under the existing sidewalk and driveway aprons. All excavation, backfill, and other earthwork incidental to performance of the work shall conform to the requirements of "Earthwork" Section Root Pruning. Areas that are to be repaired due to tree roots. 1. Cut tree roots along all edges of concrete removal area. 2. Tree roots shall not be cut up to the base of the trunk. SP-15

68 3. Cuts shall be four inches (4") wide, eighteen inches (18") deep as measured from the top of the new sidewalk. 4. All tree root cutting will be directed by the City Inspector. Root pruning equipment shall be specifically designed for this purpose, sharpened adequately to sever roots in a clean manner, and equipped with padded tracks or rubber tires to prevent scraping or marking of sidewalks. All cuts shall be backfilled either immediately upon completion of root pruning or upon completion of sidewalk repairs provided that adequate warning devices are placed and maintained at each location. Backfill material shall consist of dirt, CAB or crushed miscellaneous base. The Contractor shall repair or replace sprinklers, plant material, and all utility service connections, which are damaged or removed as a result of the root-pruning operation. Repairs shall be initiated immediately and completed by the end of each working day. Repairs and replacements shall be at least equal to existing improvements, shall match them in finish and dimension, and will be done at Contractor's expense Payment. Payment for root removal shall be included in the pertinent bid items in the bid proposal and shall include full compensation for furnishing all labor, materials, tools, equipment, and no additional compensation shall be allowed therefor ROOT BARRIERS [Add new Subsection to read]: Contractor shall install 18 deep root barriers at the discretion of the City s inspector to protect the new improvements. The root barriers shall be Shawtown EP Series by NDS ( ) or approved polypropylene equal, and shall be installed per the manufacturer s recommendations and/or per the direction of the City s inspector. Compensation for root barriers shall be per the contract unit price bid per LINEAR FOOT. SP-16

69 APPENDIX I FEDERAL/DBE REQUIREMENTS

70 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment A SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS GENERAL The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, (This form need not be filled in if all joint venture firms are rules and regulations promulgated by the Federal Government and DBE owned.) applicable to work financed in whole or in part with Federal funds will apply to such work. The Required Contract Provisions, Federal-Aid Construction Contracts, Form FHWA 1273, are 1. Name ofjoint venture included in this Section 14. Whenever in said required contract provisions references are made to SHA contracting officer, SHA resident engineer, or authorized representative of the SHA, such references shall be construed to mean Engineer as defined in 2. Address ofjoint venture Section of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT In addition to the provisions in Section II, Nondiscrimination, and Section VII, Subletting or Assigning the Contract, of the required contract provisions, the Contractor shall comply with the following: 3. Phone number ofjoint venture 4. Identifi the firms which comprise the joint venture. (The The bidder shall execute the CERTIFICATION WITH RE GARD TO THE PERFORMANCE OF PREVIOUS CON- DBE partner must complete Schedule A.) TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request is accompanied by the a. Describe the role of the DBE firm in the joint venture. CERTIFICATION referred to above, executed by the proposed subcontractor. NON-COLLUSION PROVISION The provisions in this b. Describe very briefly the experience and business section are applicable to all contracts except contracts for Federal Aid Secondary projects. qualifications of each non-dbe joint venturer: Title 23, United States Code, Section 112, requires as a condition precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly 5. Nature of the joint venture s business or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non-collusion affidavit statement required by Section 6. Provide a copy of the joint venture agreement. 112 as a certification under penalty of perjury rather than as a sworn. statement as permitted by 28, USC, Sec. 1746, is included in the 7. What is the claimed percentage of DBE ownership? proposal. PARTICIPATION BY DISADVANTAGED BUSINESS EN TERPRISES IN SUBCONTRACTING Part 26, Title 49, Code 8. Ownership of joint venture: (This need not be filled in i of Federal Regulations applies to this Federal-aid project. Pertinent sections of said Code are incorporated in part or in its entirety within described in the joint venture agreement. provided by question other sections of these special provisions. Schedule B Information for Determining Joint Venture Eli gibility 6 FR-l Revised Page LPP March 15, 2001

71 day to before before EXHIBIT 12-E Attachment A Local Assistance Procedures Manual PS&E Checklist Instructions a. Profit and loss sharing. b. Capital contributions, including equipment. c. Other applicable ownership interests. Name of Firm Name of Firm 9. Control of and participation in this contract. Identify by Signature Signature name, race, sex, and firm those individuals (and their titles) who are responsible for day-to-day management and policy decision making, including, but not limited to, those with prime Name Name responsibility for: a. Financial decisions b. Management decisions, such as: Date Title Date Title Date 1. Estimating State of County of 2. Marketing and sales On this day of 19, me 3. Hiring and firing of management personnel appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affidavit, and 4. Purchasing of major items or supplies did state that he or she was properly authorized by (Name of firm) to execute the affidavit and c. Supervision of field operations did so as his or her free act and deed. Notary Public Note If, after filing this Schedule B and before the comple tion of the joint venture s work on the contract covered by this regulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either directly or through the prime contractor if the joint venture is a subcontractor. Affidavit Commission expires [Seall Date State of County of.,.. The undersigned swear that the foregoing statements are cor- On this of 19 me rect and include all material information necessary to identify and explain the terms and operation of our joint venture and the appeared (Name) to me personally known, intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee. who, being duly sworn, did execute the foregoing affidavit, and current complete and accurate information regarding actual joint venture work and the payment therefor and any proposed changes did state that he or she was properly authorized by (Name of firm) in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint execute the affidavit and did venture or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the 50 as his or her free act and deed. Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and Notary Public for initiating action under Federal or State laws concerning false statements. Commission expires [Seal] Revised FR-2 Page March 15, 2001 LPP 01-04

72 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment B REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) Page I. General 3 II. Nondiscrimination 3 III. Nonsegregated Facilities 5 IV. Payment of Predetermined Minimum Wage 6 V. Statements and Payrolls 8 VI. Record of Materials, Supplies, and Labor 9 VII. Subletting or Assigning the Contract 9 VIII. Safety: Accident Prevention 10 IX. False Statements Concerning Highway Project 10 X. Implementation of Clean Air Act and Federal Water Pollution Control Act 10 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 11 XII. Certification Regarding Use of Contract Funds for Lobbying 12 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor s own organization and with the assistance of workers under the contractor s immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor s employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of$ 10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor s project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR and the provisions of the American Disabilities Act of 1990 (42 U.S.C et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obli gations and in their review of his/her activities under the contract. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor dance with the procedures of the U.S. Department of Labor (DOL) LPP 09-xx FR-3 b. The contractor will accept as his operating policy the following statement: It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment ad vertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training. 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively Forn 1273 Revised Page April 10, 2009

73 EXHIBIT 12-E Attachment B Local Assistance Procedures Manual PS&E Checklist Instructions administering and promoting an active contractor program of EEC and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor s staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant ot and will implement, the contractor s EEC policy and contractual responsibilities to provide EEC in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor s EEC policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEC Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEC Cfficer, covering all major aspects of the contractor s EEC obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEC Officer in the contractor s procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor s EEC policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor s EEC policy and the procedures to im plement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: An Equal Opportunity Employer. All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor s compliance with EEO contract provisions. (The DCL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant. such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor s work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance re quirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. c. The contractor will encourage his present employees to refer Form Revised 3-95 FR-4 Page March 15, 2001 LPP 01-04

74 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment B 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor s association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in coop eration with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DEE), as defined in 49 CFR 26, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DEE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA If onthe-job training is being required by special provision, the contractor will be required to collect and report training data. III NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of$lo,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federalaid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term segregated facilities means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). FR-5 Form 1273 Revised LPP Page March 15, 2001

75 EXHIBIT 12-E Attachment B c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. WAGE PAYMENT OF PREDETERMINED MINIMUM (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) I. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3)] issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter the wage determination ) which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-I495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and me chanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer s payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: Local Assistance Procedures Manual PS&E Checklist Instructions a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the addi tional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C The Wage and Hour Administrator, or an authorized representative, will approve, modiflj, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, 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 Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit Form Revised 3-95 FR-6 Page March 15, 2001 LPP 01-04

76 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment B as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Ap prenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing 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 jour neyman-level hourly rate) specified in the contractor s or subcontractor s registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice s level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Adminis trator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Adminis tration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. FR-7 Form 1273 Revised LPP Page March 15, 2001

77 EXHIBIT 12-E Attachment B Local Assistance Procedures Manual PS&E Checklist Instructions 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as 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 by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona tide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(b) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benetits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. Form Revised 3-95 FR-8 Page March 15, 2001 LPP 01-04

78 Local Assistance Procedures Manual PS&E Checklist Instructions c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5. and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number ), U.S. Government Printing Office, Washington, D.C The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a Statement of Compliance, signed by the contractor or sub contractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certif the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the Statement of Compliance required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C and 31 U.S.C g. The contractor or subcontractor shall make the records re quired under paragraph 2b of this Section V available for inspec tion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such represen tatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DCL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be EXHIBIT 12-E Attachment B may be grounds for debarment action pursuant to 29 CFR VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635); the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds, prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph lb relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor s option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor s own organization (23 CFR 635). a. Its own organization shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. Specialty Items shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. FR-9 Form 1273 Revised LPP Page December 31, 2008

79 Revised EXHIBIT 12-E Attachment B 2. The contract amount upon which the requirements set forth in paragraph I of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. Local Assistance Procedures Manual PS&E Checklist Instructions garding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION I. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR , it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and Form t FR-b NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C reads as follows: Whoever being an officer, agent, or employee of the United States, or any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false 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 performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false repre sentation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false repre sentation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355,), as amended and sup plemented; Shall be fined not more that $10, 000 or imprisoned not more than 5 years or both. X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of$100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C et seq., as amended by Pub. L ), and under the Federal Water Pollution Control Act, as amended (33 U.S.C et seq., as amended by Pub. L ), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized Page March 15, 2001 LPP 01-04

80 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment B for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph I through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal-aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency s determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualif, such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. FR-il g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled Certification Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction, provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred. suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the el igibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. ***** Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement. theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph lb of this certification; and Form 1273 Revised LPP Page March 15, 2001

81 EXHIBIT I 2-E Attachment B d. Have not within a 3-year period preceding this ap plication/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ***** 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in 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 debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms covered transaction, debarred, suspended, ineligible, primary covered transaction, participant, person, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the el igibility of its principals. Each participant may, but is not Local Assistance Procedures Manual PS&E Checklist Instructions required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in 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 debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions I. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ***** XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100, CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, Form 1273 Revised FR-12 Page March 15, 2001 LPP 01-04

82 Local Assistance Procedures Manual PS&E Checklist Instructions grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or en tered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C Any person who fails to file the required certification shall be EXHIBIT 12-E Attachment B 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 his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. FEDERAL-AID FEMALE AND MINORITY GOALS In accordance with Section II, Nondiscrimination, of Required Contract Provisions Federal-aid Construction Contracts the following are the goals for female utilization: Goal for Women (applies nationwide) Non-SMSA Counties CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama. 175 Eureka. CA: (percent) Non-SMSA Counties CA Del Norte; CA Humboldt; CA Trinity. 176 San Francisco-Oakland-San Jose, CA: SMSA Counties: 7120 Salinas-Seaside- Monterey, CA CA Monterey San Francisco-Oakland, CA CA Alameda; CA Contra Costa; CA Mann; CA San Francisco; CA San Mateo San Jose, CA CA Santa Clara Santa Cruz, CA CA Santa Cruz Santa Rosa. CA CA Sonoma Vallejo-Fairfield- Napa, CA CA Napa; CA Solano Non-SMSA Counties CA Lake; CA Mendocino; CA San Benito. 177 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA CA Placer; CA Sacramento; CA Yolo. The following are goals for minority utilization: Non-SMSA Counties CA Butte; CA Colusa; CALIFORNIA ECONOMIC AREA CA El Dorado; CA Glenn; CA Nevada; CA Sierra; Goal CA Sutter; CA Yuba. 174 Redding, CA: (Percent) 178 Stockton-Modesto, CA: SMSA Counties: 5170 Modesto, CA CA Stanislaus Stockton, CA CA San Joaquin. Non-SMSA Counties CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne. 179 Fresno-Bakersfield, CA: SMSA Counties: 0680 Bakersfield, CA CA Kern Fresno, CA CA Fresno. Non-SMSA Counties CA Kings; CA Madera; CA Tulare. 180 Los Angeles, CA: SMSA Counties: 0360 Anaheim-Santa Ana-Garden Grove, CA CA Orange Los Angeles-Long Beach, CA CA Los Angeles Oxnard-Simi Valley- Ventura, CA CA Ventura Form 1273 Revised FR-13 LPP 09-xx Page April 10, 2009

83 I I EXHIBIT 12-E Attachment B 6780 Riverside-San Bernardino- Ontario, CA 19.0 CA Riverside; CA San Bernardino Santa Barbara-Santa Maria Lompoc, CA 19.7 CA Santa Barbara. Non-SMSA Counties 24.6 CA Inyo; CA Mono; CA San Luis Obispo. Local Assistance Procedures Manual PS&E Checklist Instructions 181 San Diego, CA: SMSA Counties 7320 San Diego, CA 16.9 CA San Diego. Non-SMSA Counties 18.2 I CA Imperial. In addition to the reporting requirements set forth elsewhere in this contract the Contractor and subcontractors holding subcontracts, not including material suppliers, of $10,000 or more, shall submit for every month of July during which work is performed, employment data as contained under Form FHWA PR-1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. Form 1273 Revised FR- 14 Page April 10, 2009 LPP 09-xx

84 Local Assistance Procedures Manual EXHIBIT 12E PS&E Checklist Instructions Attachment C (THE BIDDER S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE ANENDORSEMENTAND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder, proposed subcontractor hereby certifies that he has has not, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President s Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR (b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO- 1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Page LPP March 15, 2001

85 EXHIBIT 12-E Attachment C Local Assistance Procedures Manual PS&E Checklist Instructions 4 4 Page March 15, 2001 LPP 01-04

86 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment D Noncollusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY I COUNTY DEPARTMENT OF PUBLIC WORKS. of In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Page LPP March 15, 2001

87 EXHIBIT 12-E Attachment D Local Assistance Procedures Manual PS&E Checklist Instructions 4 4 Page March 15, 2001 LPP 01-04

88 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment E DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49. CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; Does not have a proposed debarment pending; and Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Page LPP March 15, 2001

89 EXHIBIT 12-E Attachment E Local Assistance Procedures Manual PS&E Checklist Instructions Page March 15, 2001 LPP 01-04

90 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: FOR FEDERAL-AID CONTRACTS NONLOBBYING CERTIFICATION LPP March 15, 2001 subrecipients shall certify and disclose accordingly. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such This certification is a material representation of fact upon which reliance was placed when this transaction was subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure of Lobbying Activities, in accordance with its instructions. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for modification of any federal contract, grant, loan, or cooperative agreement. with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection person for influencing or attempting to influence an officer or employee of any federal agency, a Member the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment F (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any Page 12-85

91 Local Assistance Procedures Manual PS&E Checklist Instructions March 15, 2001 Page Attachment F EXHIBIT 12-E 4 4 LPP 01-04

92 value f. Local Assistance Procedures Manual PS&E Checklist Instructions 1. Type of Federal Action: a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f loan insurance 4. Name and Address of Reporting Entity Prime DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.SX 1352 Subawardee Tier 2. Status of Federal Action: a. bid/offer/application b. initial award c. post-award if known 3. Report Type: a. initial b. material change For Material Change Only: year quarter date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: EXHIBIT 12-E Attachment G Congressional District, if known 6. Federal Department/Agency: Congressional District, if known 7. Federal Program Name/Description: 8. Federal Action Number, if known: CFDA Number, if applicable 9. Award Amount, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) b. Individuals Performing Services (including address if different from No. loa) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ actual planned a. retainer b. one-time fee 12. Form of Payment (check all that apply): c. commission H a. cash d. contingent fee b. in-kind; specify: nature e deferred other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes No 16. Information requested through this form is authorized by Title 31 U.S.C. Section This disclosure of lobbying reliance was placed by the tier above when his transaction was made or Signature: entered into. This disclosure is required pursuant to 31 U.S.C This information will be reported to Congress Print Name semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Title. to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone No.: Federal Use Only: LPP Standard Form LLL Rev Date: Authorized for Local Reproduction Standard Form - LLL Page March 15, 2001

93 EXHIBIT 12-E Attachment G Local Assistance Procedures Manual PS&E Checklist Instructions INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 3 1 U.S.C. Section The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks Subawardee then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., RFP-DE-90-0O1. 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Page March 15, 2001 LPP 01-04

94 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12E Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project ( ), Washington, D.C SF-LLL-Instructions Rev OvENDIFv Page LPP March 15, 2001

95 EXHIBIT 12-E Attachment G Local Assistance Procedures Manual PS&E Checklist Instructions 4 4 Page March 15, 2001 LPP 01-04

96 GENERAL The bidder s attention is directed to the provisions in Section 2, Proposal Requirements and Conditions, of the Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of and the submission of the bid. SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS Federal funds from being expended by the recipient or any lower tier sub recipient of a Federal-aid contract to pay awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. for any person for influencing or attempting to influence a Federal agency or Congress in connection with the contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form included in the Bid book. Standard Form - The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid FEDERAL LOBBYING RESTRTCTIONS.--Section 1352, Title 31, United States Code prohibits of the Certification. completion of the Standard Form is also included in the Bid book. Signing the Bid book shall constitute signature termination of this contract or such other remedy, as the recipient deems appropriate. Each subcontract signed by Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished The bidder s bond shall conform to the bond form in the Bid book for the project and shall be properly filled out Signing the Bid book shall also constitute signature of the Noncollusion Affidavit. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or the contractor to carry out these requirements is a material breach of this contract, which may result in the the bidder must include this assurance. sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations) part 26 in the award and administration of US DOT assisted contracts. Failure by after bid opening, including but not limited to escrowed bid documents, where applicable, may subject the bidder contracts. Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment H and executed. The bidder s bond form included in that book may be used. In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Bid book. to a determination of the bidder s responsibility in the event it is the apparent low bidder on a future public works (Use this Section for projects with Federal funds over S100,000) as part of the bid documents. A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is LLL, (1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or (3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a Page LPP 09-Oxx April 14, 2009 The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each attempting to influence a covered Federal action; or covered Federal Action. tier to tier until received by the Engineer. calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lowertier contractors. An event that materially affects the accuracy of the information reported includes: Disclosure of Lobbying Activities, with instructions for any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from

97 EXHIBIT 12-E Attachment H Local Assistance Procedures Manual PS&E Checklist Instructions DISADVANTAGED BUSINESS ENTERPRISE (DBE). This project is subject to Title 49 CFR 26.13(b): The contractor, sub recipient 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 part 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 there is equal participation of the DBE groups specified in 49 CFR 26.5, the Agency specifies a goal for Underutilized Disadvantaged Business Enterprises (UDBEs). UDBE is a firm that meets the definition of DBE and is a member of one of the following groups: 1. Black Americans 2. Native Americans 3. Asian-Pacific Americans 4. Women References to DBEs include UDBEs, but references to UDBEs do not include all DBEs. Make work available to UDBEs and select work parts consistent with available UDBE subcontractors and suppliers. Meet the UDBE goal shown in the Notice to Bidders or demonstrate that you made adequate good faith efforts to meet this goal. It is your responsibility to verifs that the UDBE firm is certified as DBE at date of bid opening. For a list of DBEs certified by the California Unified Certification Program, go to: Imp ://www.dot.ca.gov/hq/bep/find_certified.htm Only UDBE participation will count towards the UDBE goal. DBE participation will count towards the Agency s Annual Anticipated DBE Participation Level and the California statewide goal. Credit for materials or supplies you purchase from UDBEs counts towards the goal in the following manner: percent counts if the materials or supplies are obtained from a UDBE manufacturer percent counts if the materials or supplies are obtained from a UDBE regular dealer. 3. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a UDBE that is neither a manufacturer or regular dealer. 49 CFR defines manufacturer and regular dealer. You receive credit towards the goal if you employ a UDBE trucking company that performs a commercially useful function as defined in 49 CFR UDBE Commitment Submittal Submit UDBE information on the Local Agency Bidder-UDBE Commitment (Construction Contracts), Exhibit 15-G(1), form 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. Page April 14, 2009 LPP 09-xx

98 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12E Attachment H If the UDBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low bidder, and the 3rd low bidder must complete and submit the UDBE Commitment form to the Agency. UDBE Commitment form must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid opening. Other bidders do not need to submit the UDBE Commitment form unless the Agency requests it. If the Agency requests you to submit a UDBE Commitment form, submit the completed form within 4 business days of the request. Submit written confirmation from each UDBE stating that it is participating in the contract. Include confirmation with the UDBE Commitment form. A copy of a UDBE s quote will serve as written confirmation that the UDBE is participating in the contract. If you do not submit the UDBE Commitment form within the specified time, the Agency finds your bid nonresponsive. Good Faith Efforts Submittal If you have not met the UDBE goal, complete and submit the UDBE Information - Good Faith Efforts, Exhibit 15-H, form with the bid showing that you made adequate good faith efforts to meet the goal. Only good faith efforts directed towards obtaining participation by UDBEs will be considered. If good faith efforts documentation is not submitted with the bid, it must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid opening. If your UDBE Commitment form shows that you have met the UDBE goal or if you are required to submit the UDBE Commitment form, you must also submit good faith efforts documentation within the specified time to protect your eligibility for award of the contract in the event the Agency finds that the UDBE 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 UDBE firms. Identify those items of work you might otherwise perform with its own forces and those items that have been broken down into economically feasible units to facilitate UDBE 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 UDBE firms. 2. Names of certified UDBEs 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 UDBEs 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 UDBEs through all reasonable and available means and provide sufficient time to allow UDBEs to respond. 3. Name of selected firm and its status as a UDBE for each item of work made available. Include name, address, and telephone number of each UDBE that provided a quote and their price quote. If the firm selected for the item is not a UDBE, provide the reasons for the selection. 4. Name and date of each publication in which you requested UDBE 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 UDBE firms. If the agencies were contacted in writing, provide copies of supporting documents. 6. List of efforts made to provide interested UDBEs 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 UDBE assisted, the nature of the information provided, and date of contact. Provide copies of supporting documents, as appropriate. Page LPP 09-Oxx April 14, 2009

99 EXHIBIT 12-E Attachment H Local Assistance Procedures Manual PS&E Checklist Instructions 7. List of efforts made to assist interested UDBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the UDBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is provided by you, identif, the name of the UDBE assisted, nature of the assistance offered, and date. Provide copies of supporting documents, as appropriate. 8. Any additional data to support demonstration of good faith efforts. Page April 14, 2009 LPP 09-xx

100 calendar Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment I SECTION 3. AWARD AND EXECUTION OF CONTRACT The bidder s attention is directed to the provisions in Section 3, Award and Execution of Contract, of the Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of contract. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the requirements prescribed. The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds, to the Agency so that it is received within 10 days, not including Saturdays, Sundays and legal holidays, after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the following address: (Agency to provide detailed information if this paragraph is used) A Local Agency Bidder-DBE Information (Construction Contracts), Exhibit 15-G(2) form is included in the Bid book to be executed by the successful bidder. The purpose of the form is to collect data required under 49 CFR 26. Even if no DBE participation will be reported, the successful bidder must execute and return the form. The successful bidder s Local Agency Bidder- Information (Construction Contracts), Exhibit 1 5-G(2) form should include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, and the dollar value of each DBE transaction. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE should be included in the DBE information, including the planned location of that work. A successful bidder certified as a DBE should describe the work it has committed to performing with its own forces as well as any other work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies. The successful bidder is encouraged to provide written confirmation from each DBE that the DBE is participating in the contract. A copy of a DBE s quote will serve as written confirmation that the DBE is participating in the contract. If a DBE is participating as ajoint venture partner, the successful bidder is encouraged to submit a copy of the joint venture agreement. The Local Agency Bidder-DBE Information (Construction Contracts), Exhibit 15-G(2) form shall be completed and returned to the Agency by the successful bidder with the executed contract and contract bonds. SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES Attention is directed to the provisions in Section , Beginning of Work, in Section , Time of Completion, and in Section , Liquidated Damages, of the Standard Specifications and these special provisions. The Contractor shall begin work within of days after the contract has been approved by the City/County This work shall be diligently prosecuted to completion before the expiration of beginning on the calendar day after approval of the contract. WORKING DAYS (INSERT AMOUNT OF LIQUIDATED DAMAGES) The Contractor shall pay to the City/County of the sum of $ per day, for each and every calendar day s delay in finishing the work in excess of the number of working days prescribed above. Page LPP 09-xx April 10, 2009

101 XHIBIT 12-E Attachment I Local Assistance Procedures Manual PS&E Checklist Instructions LIQUIDATED DAMAGES TABLE (L%) (OPTIONAL FOR NON-NHS PROJECTS) Project Type New Realignment! Soundwall Others Project Estimate Resurfacing*/Rehab Highway Widening Landscaping Over$30 million 10% 10% 13% 15% 15% 15% $10 million to $30 million 10% 12% 15% 15% 15% 15% $5 million to $10 million 10% 15% 15% 15% 15% 15% $75 Ok to $5 million 15% 15% 15% 18% 18% 15% Less Than $750k 15% 20% 20% 18% 20% 15% * Resurfacing projects include AC Surfacing, seal coats, slurry seals, and so on. The calculated liquidated damages should be rounded up in $100 increments to determine the amount to be specified. Page April 10, 2009 LPP 09-xx

102 Utilization Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment J 5-1._ SUBCONTRACTOR AND DBE RECORDS The Contractor shall maintain records showing the name and business address of each first-tier subcontractor. The records shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. Upon completion of the contract, a summary of these records shall be prepared on Final Report of Disadvantaged Business Enterprises - (DBE), First-Tier Subcontractors (Exhibit 1 7-F/Form CEM-2402) and certified correct by the Contractor or his authorized representative, and shall be furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of contract acceptance. The amount of $10,000 will be withheld from payment until a satisfactory form is submitted. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner-operators, for the leasing of trucks. If the DBE leases trucks from a non-dbe, the Contactor may count only the fee or commission the DBE receives as a result of the lease arrangement. The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner s name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month. This documentation shall be submitted on Monthly DBE Trucking Verification Form CEM-2404(F). 5-1.DBE CERTIFICATION STATUS If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer. Upon completion of the contract, Disadvantaged Business Enterprises (DBE) Certification Status Change Form CEM-2403(F) indicating the DBE s existing certification status shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract acceptance. Page LPP 09-xx April 10, 2009

103 XHIBIT 12-E Attachment J Local Assistance Procedures Manual PS&E Checklist Instructions Page April 10, 2009 LPP 09-xx

104 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12E Attachment K 5-1._ PERFORMANCE OF SUBCONTRACTORS The subcontractors listed by you in Bid book shall list therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder s attention is invited to other provisions of the Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. UDBEs must perform work or supply materials as listed in the Local Agency Bidder - UDBE Commitment form specified under Section 2, Bidding, of these special provisions. Do not terminate a UDBE listed subcontractor for convenience and perform the work with your own forces or obtain materials from other sources without prior written authorization from the Agency. The Agency grants authorization to use other forces or sources of materials for requests that show any of the following justifications: 1. Listed UDBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. You stipulate a bond is a condition of executing the subcontract and the listed UDBE fails to meet your bond requirements. 3. Work requires a contractors license and listed UDBE does not have a valid license under Contractors License Law. 4. Listed UDBE fails or refuses to perform the work or furnish the listed materials. 5. Listed UDBEs work is unsatisfactory and not in compliance with the contract. 6. Listed UDBE delays or disrupts the progress of the work. 7. Listed UDBE becomes bankrupt or insolvent. If a listed UDBE subcontractor is terminated, you must make good faith efforts to find another UDBE subcontractor to substitute for the original UDBE. The substitute UDBE must perform at least the same amount of work as the original UDBE under the contract to the extent needed to meet the UDBE goal. The substitute UDBE must be certified as a DBE at the time of request for substitution. The Agency does not pay for work or material unless it is performed or supplied by the listed UDBE, unless the UDBE is terminated in accordance with this section. Page LPP 09-xx April 10, 2009

105 EXHIBIT 12-E Attachment K Local Assistance Procedures Manual PS&E Checklist Instructions 4 4 Page May 1, 2006 LPP

106 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment L 5-1._ SUBCONTRACTING No subcontract releases the Contractor from the contract or relieves the Contractor of their responsibility for a subcontractor s work. If the Contractor violates Pub Cont Code 4100 et seq., the City/County of may exercise the remedies provided under Pub Cont Code The City/County of may refer the violation to the Contractors State License Board as provided under Pub Cont Code The Contractor shall perform work equaling at least 30 percent of the value of the original total bid with the Contractor s own employees and equipment, owned or rented, with or without operators. Each subcontract must comply with the contract. Each subcontractor must have an active and valid State contractor s license with a classification appropriate for the work to be performed (Bus & Prof Code, 7000 et seq.). Submit copies of subcontracts upon request by the Engineer. Before subcontracted work starts, submit a Subcontracting Request form. Do not use a debarred contractor; a current list of debarred contractors is available at the Department of Industrial Relations Web site. Upon request by the Engineer, immediately remove and not again use a subcontractor who fails to prosecute the work satisfactorily. Each subcontract and any lower tier subcontract that may in turn be made shall include the Required Contract Provisions Federal-Aid Construction Contracts in Section 14 of these special provisions. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency s prior written approval. Any violation of Section shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the 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 PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS (The local agency must include one of the following three provisions (if using Caltrans Standard Specification, modif, or delete paragraphs and ) to ensure prompt and full payment of any retainage from the prime contractor, or subcontractor, to a subcontractor. (EITHER) No retainage will be withheld by the agency from progress payments due the prime contractor. Retainage by the prime contractor or subcontractors is prohibited and no retainage will be held by the prime contractor from progress due subcontractors. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section of the California Business and Professions Code. This requirement 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 or deficient subcontract performance, or noncompliance by a subcontractor. (OR) No retainage will be held by the agency from progress payments due the prime contractor. Any retainage held by the prime contractors or subcontractors from progress payments due subcontractors shall be promptly paid in full to subcontractors within 30 days after the subcontractor s work is satisfactorily completed. Federal law (49CFR26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the agency s prior written approval. Page LPP 09-xx April 15, 2009

107 EXHIBIT Attachment 12-E Local Assistance L PS&E Checklist Procedures Manual Instructions approval. Any violation this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. of (OR) The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency s prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. of Page May 1, 2006 LPP

108 Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation 5-1. BUY AMERICA REQUIREMENTS. -- Attention is directed to the Buy America requirements of the Required for ALL construction contracts administered under the Caltrans Standard Specifications LPP March 15, 2001 Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), and the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the Buy America requirements. that the materials comply with the specifications, shall specifically certify that all manufacturing processes for the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying materials occurred in the United States, except for the above exceptions. The requirements imposed by the law and regulations do not prevent a minimal use of foreign steel and iron the total contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable work. materials if the total combined cost of the materials used does not exceed one-tenth of one percent (0.1 percent) of documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials into the Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment M A Certificate of Compliance, conforming to the provisions in Section , Certificates of Compliance, of the Page

109 EXHIBIT 12-E Attachment M Local Assistance Procedures Manual PS&E Checklist Instructions 4 4 Page May 1,2006 LPP

110 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12E Attachment N (To be used, when applicable, in Federal-aid projects) *Insert number of trainees. FEDERAL REQUIREMENT TRAINING SPECIAL PROVISIONS This section applies if a number of trainees or apprentices are 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. 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 ofjourneymen in the various classifications within a reasonable recruitment area. Before starting work, submit to the Agency: I. 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 Agency s approval for this submitted information before you start work. The Agency 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, Training, 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 Agency and FHWA approves a program if one of the following is met: 1. It is calculated to: 1.1. Meet the your equal employment opportunity responsibilities 1.2. Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period Page LPP March 15, 2001

111 EXHIBIT 12-E Attachment N Local Assistance Procedures Manual PS&E Checklist Instructions FR 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 Agency 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 office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training. The Agency reimburses you 80 cents per hour of training given an employee on this contract under an approved training program: 1. For on-site training 2. For off-site training if the apprentice or trainee is currently employed on a federal-aid project and you do at least one of the following: 2.1. Contribute to the cost of the training 2.2. Provide the instruction to the apprentice or trainee 2.3. Pay the apprentice s or trainee s wages during the off-site training period 3. If you comply with this section, Training 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 2. Certification showing the type and length of training satisfactorily completed Maintain records and submit reports documenting your performance under this section, Training. FR-16 Page May 1, 2006 LPP

112 Local Assistance Procedures Manual EXHIBIT 12E PS&E Checklist Instructions Attachment _ FEDERAL REQUIREMENTS (AMERICAN RECOVERY AND REINVESTMENT ACT) Under the American Recoveiy and Reinvestment Act (ARRA) of 2009, 9 USC 902: SEC ACCESS OF GOVERNMENT ACCOUNTABILITY OFFICE. (a) AccEss Each contract awarded using funds made available in this Act shall provide that the Comptroller General and his representatives are authorized (1) to examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; and (2) to interview any officer or employee of the contractor or any of its subcontractors, or of any State or local government agency administering the contract, regarding such transactions. (b) RELATIONSHIP TO EXISTING AUTHORITY Nothing in this section shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General. Under ARRA of 2009, 9 USC 15 15(a): SEC ACCESS OF OFFICES OF INSPECTOR GENERAL TO CERTAIN RECORDS AND EMPLOYEES. (a) AccEss With respect to each contract or grant awarded using covered funds, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized (1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract, that pertain to, and involve transactions relating to, the contract, subcontract, grant, or subgrant; and (2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions. (b) RELATIONSHIP TO EXISTING AUTHORITY Nothing in this section shall be interpreted to limit or restrict in any way any existing authority of an inspector general. Immediately notify the Engineer if you have been contacted by the U.S. Comptroller, Inspector General, or their representatives. Page LPP March 15, 2001

113 Contractor Exhibit 12-E Attachment 0 Local Assistance PS&E Checklist Procedures Manual Instructions STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION MONTHLY EMPLOYMENT REPORT LB STAMP CEM-1204 (NEW 03/2009) DLA Modified. AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) MONTHLY EMPLOYMENT REPORT I. CONTRACT NO. 2. FEDERAL-AID PROJECT NUMBER (From special provisions,) See i,istructions that follow 3. FIRST DAY OF 4. REPORT MONTH (rnm/yy) 5. CONTRACTING AGENCY REPORTING PERIOD (mm!dd/yy): 6. CONTRACTOR NAME AND ADDRESS 7. EMPLOYMENT DATA EMPLOYEES HOURS PAYROLL PRIME CONTRACTOR DIRECT, ON-PROJECT JOBS NEW FIIRE EXISTING EXISTING NEW HiRES EMPLOYEES EMPLOYEES NEM HIRES EXISTING EMPLOYEES SUBCONTRACTOR DIRECT, ON-PROJECT JOBS SUBCONTRACTOR NAME(S): DBE PRIME AND SUBCONTRACTOR SUBTOTAL PRIME AND SUBCONTRACTOR TOTALS (NEW + EXISTII 8. CERTIFIED BY CONTRACTOR: (Signature and Title) TO BE COMPLETED BY AGENCY OR AUTHORIZED REPRESENTATIVE 9. REVIEWED BY CONTRACT ADMINISTRATOR: (Signature and Title) DATE COPY DISTRIBUTION: Original - Resident Engineer Copy - Copy Cattrans District Local Assistance Engineer ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) or TDD (916) or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA Page April 15, 2009 LPP 09-xx

114 Local Assistance Procedures Manual EXHIBIT 12E PS&E Checklist Instructions Attachment 0 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION MONTHLY EMPLOYMENT REPORT CEM-1204 (NEW 03/2009) DLA Modified INSTRUCTIONS FOR COMPLETING ARRA MONTHLY EMPLOYMENT REPORT FORM BOX 1. BOX 2. BOX 3. Contract Number. The state-assigned project number or ID: district and expenditure authorization (EA). Federal-aid Project Number. The state-assigned federal-aid project number. First Day ofreporting Period. The first day of reporting period is the first day of the first payroll period of the month. If the beginning of the month splits the payroll period, then the report will include dates from the prior month as necessary to complete the payroll period. BOX 4. Report Month. The month and year covered by the report. Reported as mm/yy (e.g. May 2009 would be coded as 05/09. ). BOX 5. BOX 6. BOX 7. BOX 8. BOX 9. Contracting Agency. The name of the contracting agency. For state projects, enter Caltrans. For non-state projects, enter the name of the contracting agency (federal agency, tribe, MPO, city, county, etc.). Contractor Name and Address. The name and address of the contractor shall include the firm name, street address, city, state, and zip code. Employment Data. Subcontractor Name(s). The name of each subcontractor that was active on the project for the reporting month. Employees. The number of new hires and existing employees on the contractor s workforce that month, and the number of new hires and existing employees for each of the active subcontractors that month. Do not include material suppliers. Reported as a whole number. Hours. The total hours on the specified project for the new hires and existing employees on the contractor s workforce that month, and the total hours for the new hires and existing employees for each of the active subcontractors that month. Reported as a whole number. Payroll. The total dollar amount of wages paid by the contractor that month for employees on the specified project, and the total dollar amount of wages paid by each of the active subcontractors that month. Rounded to the nearest whole dollar and reported as a whole number. Refer to Section 9-l.03A(l), Labor, of the Standard Specfications. Prime and Subcontractor Subtotals. The subtotal for number of employees, hours and payroll for new hires and existing employees for the contractor and listed subcontractor(s). Prime and Subcontractor Totals (New + Existing). The total number of employees, hours and payroll for the contractor and listed subcontractor(s). Cert(fled by Contractor. Name. Contractor representative or person responsible for certification of the information included on the form. By completing the form, the authorized representative certifies that they are knowledgeable of the hours worked and employment status for all employees. Contractors are responsible to maintain data to support the employment form and make it available to the state should it request supporting materials. Dale. The date that the contractor completed the employment form. Reported as mrn/dd/yy. Reviewed by Contract Administrator. (To be completed by the local agency or authorized representative.) Name. Local agency representative, such as the resident engineer or contract manager, or authorized project representative responsible for reviewing the submitted form. Date. The date that the state representative reviewed the form. Reported as nun /dd/yy. Page LPP March 15, 2001

115 Exhibit 12-E Attachment 0 Local Assistance Procedures Manual PS&E Checklist Instructions 4 4 Page April 15, 2009 LPP 09-xx

116 Include Local $ Local Assistance Procedures Manual Exhibit 15-Gi Local Agency Bidder UBBE Commitment (Construction Contracts) Exhibit 15-Gi Local Agency Bidder UDBE Commitment (Construction Contracts) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM AGENCY: LOCATION: PROJECT DESCRIPTION: OTAL CONTRACT AMOUNT: $ BID DATE: BIDDERS NAME: ONTRACT UDBE GOAL: ONTRACT ITEM OF WORK AND DESCRIPTION ert. No. of UDBE NAME OF UDBEs DOLLAR AMOUNT ITEM NO. )R SERVICES TO BE ND EXPIRATION (Must be certified on the date bids UDBE SUBCONTRACTED OR MATERIALS DATE are opened - include UDBE addres [ 0 BE PROVIDED and phone numberl For Local Agency to Complete: Local Agency Contract Number: Federal Aid Project Number: Federal Share: Contract Award Date: T0IaI Claimed Participation Local Agency certifies that all information is complete and accurate. Signature of Bidder Print Name Signature Date Local Agency Representative (Area Code) Telephone Number: For Caltrans Review: Date Person to Contact (Area Code) Tel No (Please Type or Print) Print Name Signature Date Caltrans District Local Assistance Engineer Local Agency Bidder - UDBE Commitment (Rev 3/09) Distribution: LPP 09-xx (1) Copy Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days of award. Failure to send a copy to the DLAE within 15 days of award may result in dc-obligation of funds for this project. (2) Copy -- in award package to Caltrans District Local Assistance (3) Original agency files Page March 27, 2009

117 Exhibit 15-Gi Local Agency Bidder UDBE Commitment (Construction Contracts) Local Assistance Procedures Manual ALL BIDDERS: INSTRUCTIONS - LOCAL AGENCY BIDDER UDBE COMMITMENT (CONSTRUCTION CONTRACTS) (Revised 03/09) PLEASE NOTE: It is the bidder s responsibility to verify that the UDBE(s) falls into one of the following groups in order to count towards the UDBE contract goal: 1) Black American; 2) Asian-Pacific American; 3) Native American; 4) Women. This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder, it must submitted and received as specified in the Special Provisions. Failure to submit the required IJDBE commitment will be grounds for finding the proposal nonresponsive UDBE is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: 1. Black American 2. Asian-Pacific American 3. Native American 4. Women The form requires specific information regarding the construction contract: Agency, Location, Project Description, Federal Aid Project Number (assigned by Caltrans-Local Assistance), Total Contract Amount, Bid Date, Bidder s Name, and Contract Goal. The form has a column for the Contract Item Number (or Item No s) and Item of Work and Description or Services to be Subcontracted or Materials to be provided by UDBEs. The UDBE should provide a certification number to the Contractor and expiration date. The form has a column for the Names of UDBE contractors to perform the work (who must be certified on the date bids are opened and include the UDBE address and phone number). Enter the UDBE prime s and subcontractors certification numbers. Prime contractors shall indicate all work to be performed by UDBEs including, if the prime is a UDBE, work performed by its own forces. IMPORTANT: Identify all UDBE firms being participating in the project regardless of tier. Names of the First Tier UDBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the List of Subcontractors submitted with your bid. Provide copies of the UDBEs quotes, and if applicable, a copy ofjoint venture agreements pursuant to the Subcontractors Listing Law and the Special Provisions. There is a column for the total UDBE dollar amount. Enter the Total Claimed UDBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the UDBE, describe exact portion of time to be performed or furnished by the UDBE.) See Section Disadvantaged Business Enterprise (DBE), of the Special Provisions (construction contracts); to determine how to count the participation of UDBE firms. Exhibit 15-G (1) must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Contract Award Date and Federal Share fields and verify that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of award. Failure to submit a completed and accurate form within the 15-day time period may result in the de-obligation of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified, the District Local Assistance Engineer signs and dates the form. Page March 27, 2009 LPP 09-xx

118 Local Assistance Procedures Manual Exhibit 15-Gi Local Agency Bidder UDBE Commitment (Construction Contracts) Page LPP 09-xx March 27, 2009

119 Local $ Local Assistance Procedures Manual Exhibit 15-G2 Local Agency Bidder DBE Information (Construction Contracts) Exhibit 15-G2 Local Agency Bidder DBE Information (Construction Contracts) (Inclusive of all DBEs including the UDBEs listed at bid proposal) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM GENCY: LOCATION: PROJECT DESCRIPTION: OTAL CONTRACT AMOU1 IT: $ BID DATE: BIDDER S NAME: ONTRACT ITEM OF WORK AND DESCRIPTION )BE Cert. No AME OF DBEs DOLLAR AMOUNT ITEM NO. )R SERVICES TO BE tnd EXPIRATION (Must be certified on the date bids DBE SUBCONTRACTED OR MATERIALS DATE are opened - include DBE address O BE PROVIDED Lfld phone numberl For Local Agency to Complete:.,ocal Agency Contract Number: kderal Aid Project Number: Federal Share: Contract Award Date: Total Claimed Participation % Local Agency certifies that the DBE certification(s) has been verified and all informatio is complete and accurate. Signature of Bidder Print Name Signature Date Local Agency Representative (Area Code Teleohone Number:. For Caltrans Review: Date Person to Contact (Area Code) Tel No. (Please Type or Print) Print Name Signature Date Caltrans District Local Assistance Engineer Local Agency Bidder DBE Information (Rev 3/09) Distribution: (1) Copy Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days of contract execution. Failure to send a copy to the DLAE within 15 days of contract execution may result in de-obligation of funds for this project. (2) Copy -- Include in award package to Caltrans District Local Assistance (3) Original agency files Page 15-32a LPP 09-xx March 27, 2009

120 Exhibit 15-G2 Local Agency Bidder DBE Information (Construction Contracts) Local Assistance Procedures Manual INSTRUCTIONS - LOCAL AGENCY BIDDER DBE INFORMATION (CONSTRUCTION CONTRACTS) (Revised 03/09) SUCCESSFUL BIDDER: The form requires specific information regarding the construction contract: Agency, Location, Project Description, Federal Aid Project Number (assigned by Caltrans-Local Assistance), Total Contract Amount, Bid Date, Bidder s Name, and Contract Goal. The form has a column for the Contract Item Number (or Item No s) and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. The DBE should provide a certification number to the Contractor and expiration date. The DBE contractors should notify the Contractor in writing with the date of the decertification if their status should change during the course of the contract. The form has a column for the Names of DBE certified contractors to perform the work (must be certified on the date bids are opened and include DBE address and phone number). Enter DBE prime and subcontractors certification number. Prime contractors shall indicate all work to be performed by DBEs including work performed by its own forces if a DBE. IMPORTANT: Identify all DBE firms participating in the project--including all UDBEs listed on the UDBE Commitment form (Exhibit 15G(1)), regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the List of Subcontractors submitted with your bid. There is a column for the total DBE dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section Disadvantaged Business Enterprise (DBE), of the Special Provisions (construction contracts); to determine how to count the participation of DBE firms. Exhibit 1 5-G (2) must be signed and dated by the successful bidder. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Contract Award Date, Federal Share, Contract and Project Number fields, and verify that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of contract execution. Failure to submit a completed and accurate form within the 15-day time period may result in the de-obligation of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified, the District Local Assistance Engineer signs and dates the form. Page 15-32b March 27, 2009 LPP 09-xx

121 UDBE Local Assistance Procedures Manual Exhibit 15-H UDBE Information - Good Faith Effort EXHIBIT 15-H UDBE INFORMATION GOOD FAITH EFFORTS Federal-aid Project No. Bid Opening Date The (City/County of) established an Under-utilized Disadvantaged Business Enterprise (UDBE) goal of for this project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the Local Agency Bidder UDBE Commitment form indicates that the bidder has met the UDBE goal. This will protect the bidder s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a UDBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the Local Agency Bidder Commitment form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled Submission of UDBE Commitment of the Special Provisions: A. The names and dates of each publication in which a request for UDBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified UDBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the UDBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of Date of Initial Follow Up UDBEs Solicitation Methods and Solicited Dates C. The items of work which the bidder made available to UDBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate UDBE participation. It is the bidder s responsibility to demonstrate that sufficient work to facilitate UDBE participation was LPP 09-xx

122 Exhibit 15-H UDBE participation was made available to UDBE firms. Local Assistance Procedures Manual UDBE Information - Good Faith Effort Items of Work Bidder Normally Breakdown of Items Amount Percentage rerforms Item ($) Of (YIN) Contract D. The names, addresses and phone numbers of rejected UDBE firms, the reasons for the bidder s rejection of the UDBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each UDBE if the selected firm is not a UDBE: Names, addresses and phone numbers of rejected UDBEs and the reasons for the bidder s rejection of the UDBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested UDBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to UDBEs: F. Efforts made to assist interested UDBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the UDBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using UDBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Page March 4, 2009 LPP 09-xx

123 Local Assistance Procedures Manual Exhibit 15-H UDBE Information - Good Faith Effort Name of Method/Date Results Agency/Organization of Contact H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. LPP 09-xx

124 CONTRACT NUMBER COUNTY ROUTE POST MILES FEDERAL AID PROJECT NUMBER ADMINISTERING AGENCY CONTRACT COMPLETION DATE PRIME CONTRACTOR BUSINESS ADDRESS ESTIMATED CONTRACT AMOUNT BA - Black American APA - Asian-Pacific Islander NA - Native American W - Woman List all First Tier Subcontractors, Disadvantaged Business Enterprises (DBES) and underutilized DBEs (UDBEs) regardless of tier, whether or not the firms were originally listed for goal credit. If actual UDBE utilization (or item of work) was different than that approved at time of award, provide comments on back of form. List actual amount paid to each entity. Caltrans Local District District Business District Contractor Local Resident Engineer STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FINAL REPORT - UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FIRST-TIER SUBCONTRACTORS CEM-2402F (REV 02/2008) ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) or TDD (916) or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA DESCRIPTION OF CONTRACT PAYMENTS ITEM WORK PERFORMED COMPANY DBE NAME NO. AND ANDBUSINESSADDRESS CERT. NUMBER BA APA NON-DBE DBE NA W MATERIALS PROVIDED UDBE UDBE UDBE DATEWORK UDBE DATEOFFINAL COMPLETE PAYMENT $ $ $ $ $ $ S $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ S $ $ $ $ $ $ $ S $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ORIGINAL COMMITMENT $ UDBE TOTAL S $ $ $ I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT CONTRACTOR REPRESENTATIVE S SIGNATURE BUSINESS PHONE NUMBER DATE TO THE BEST OF MY INFORMATION AND BELIEF, THE ABOVE INFORMATION IS COMPLETE AND CORRECT RESIDENT ENGINEER S SIGNATURE BUSINESS PHONE NUMBER DATE COPY DISTRIBUTION - COPY DISTRIBUTION - contracts: Original - Construction Copy - Agency contracts: Original - Local Assistance Engineer Copy - (submtted with the Report of Expenditures) Enterprise Program Copy - Local Assistance Engineer Copy - Copy - Agency file

125 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION FINAL REPORT - UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FIRST-TIER SUBCONTRACTORS CEM-2402F (REV 02/2008) The form requires specific information regarding the construction project: Contract Number, County, Route, Post Miles, Federal Aid Project number, the Administering Agency, the Contract Completion Date and the Estimated Contract Amount. It requires the prime contractor name and business address. The focus of the form is to describe who did what by contract item numbers and descriptions, asking for specific dollar values of item work completed broken down by subcontractors who performed the work, both DBE and non-dbe work forces. DBE prime contractors are required to show the date of work performed by their own forces along with the corresponding dollar value of work. The form has a column to enter the Contract Item No. (or Item No s) and description of work performed or materials provided, as well as a column for the subcontractor name and business address. For those firms who are DBE, there is a column to enter their DBE Certification Number. The DBE should provide their certification number to the contractor and notify the contractor in writing with the date of the decertification if their status should change during the course of the project. The form has six columns for the dollar value to be entered for the item work performed by the subcontractor. The Non-DBE column is used to enter the dollar value of work performed for firms who are not certified DBE. The decision of which column to be used for entering the DBE dollar value is based on what program(s) status the firm is certified. This program status is determined by the California Unified Certification Program by ethnicity, gender, ownership and control issues at time of certification. To confirm the certification status and program status, access the Department of Transportation Civil Rights website at or by calling (916) or the toll free number at (888) Based on this DBE Program status, the following table depicts which column to be used: DBE Program Status If program status shows DBE only with no other programs listed. DBE If program status shows DBE, Black American BA UDBE If program status shows DBE, Asian-Pacific Islander APA UDBE If program status shows DBE, Native American NA UDBE If program status shows DBE, Woman W UDBE Column to be used If a contractor performing work as a DBE on the project becomes decertified and still performs work after their decertification date, enter the total value performed by this contractor under the appropriate DBE identification column. If a contractor performing work as a non-dbe on the project becomes certified as a DBE, enter the dollar value of all work performed after certification as a DBE under the appropriate identification column. Enter the total of each of the six columns on Form CEM-2402(F). Any changes to DBE certification must also be submitted on Form CEM-2403(F). Enter the Date Work Completed as well as the Date of Final Payment (the date when the prime contractor made the final payment to the subcontractor for the portion of work listed as being completed). The contractor and the resident engineer sign and date the form indicating that the information provided is complete and correct. PROOF COPY RETURN TO HQ FORMS OKX Date

126 APPENDIX II FEDERAL MINIMUM WAGE RATES

127 Page 1 of 25 2/1/2012 General Decision Number: CA /06/2012 CA35 Superseded General Decision Number: CA State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Orange County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/06/2012 ASBE /28/2010 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems)...$ Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls)...$ ASBE /28/2010 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not)...$ * BRCA /01/2011 Rates Fringes BRICKLAYER; MARBLE SETTER...$ *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine

128 Page 2 of 25 2/1/2012 Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate * BRCA /01/2011 Rates Fringes MARBLE FINISHER...$ TILE FINISHER...$ TILE LAYER...$ BRCA /01/2009 Rates Fringes TERRAZZO FINISHER...$ TERRAZZO WORKER/SETTER...$ * CARP /01/2010 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer, and solar panels.$ (2) Millwright...$ (3) Piledriver/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial)...$ (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial)...$ (4) Pneumatic Nailer, Power Stapler...$ (5) Sawfiler...$ (6) Scaffold Builder...$ (7) Table Power Saw Operator...$ FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. Certified Welder - $1.00 per hour premium CARP /01/2010

129 Page 3 of 25 2/1/2012 Rates Fringes Drywall DRYWALL INSTALLER/LATHER...$ STOCKER/SCRAPPER...$ CARP /01/2010 Rates Fringes Modular Furniture Installer...$ ELEC /25/2011 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer...$ Technician...$ % SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package * ELEC /28/2011 Rates Fringes CABLE SPLICER...$ ELECTRICIAN...$ * ELEC /01/2011 COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems) Rates Fringes

130 Page 4 of 25 2/1/2012 Communications System Installer...$ Technician...$ SCOPE OF WORK The work covered shall include the installation, testing, service and maintenance, of the following systems that utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock systems. A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems Digital data systems Broadband & baseband and carriers Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data systems B. Sound and Voice Transmission/Transference Systems Background-Foreground Music Intercom and Telephone Interconnect Systems Sound and Musical Entertainment Systems Nurse Call Systems Radio Page Systems School Intercom and Sound Systems Burglar Alarm Systems Low-Voltage Master Clock Systems Multi-Media/Multiplex Systems Telephone Systems RF Systems and Antennas and Wave Guide C. *Fire Alarm Systems-installation, wire pulling and testing. D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video Entertainment Systems Video Educational Systems CATV and CCTV E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems Sonar/Infrared Monitoring Equipment, Access Control Systems, Card Access Systems *Fire Alarm Systems 1. Fire Alarms-In Raceways: Wire and cable pulling in raceways performed at the current electrician wage rate and fringe benefits. Installation and termination of devices, panels, startup, testing and programmming performed by the Technician. 2. Fire Alarms-Open Wire Systems: installed by the Technician * ELEC /28/2011 Rates Fringes ELECTRICIAN (TRANSPORTATION

131 Page 5 of 25 2/1/2012 SYSTEMS, TRAFFIC SIGNALS & STREET LIGHTING) Cable Splicer/Fiber Optic Splicer...$ Electrician...$ Technician...$ SCOPE OF WORK: Electrical work on public streets, freeways, toll-ways, etc, above or below ground. All work necessary for the installation, renovation, repair or removal of Intelligent Transportation Systems, Video Surveilance Systems (CCTV), Street Lighting and and Traffic Signal work or systems whether underground or on bridges. Includes dusk to dawn lighting installations and ramps for access to or egress from freeways, toll-ways, etc. Intelligent Transportation Systems shall include all systems and components to control, monitor, and communicate with pedestrian or vehicular traffic, included but not limited to: installation, modification, removal of all Fiber optic Video System, Fiber Optic Data Systems, Direct interconnect and Communications Systems, Microwave Data and Video Systems, Infrared and Sonic Detection Systems, Solar Power Systems, Highway Advisory Radio Systems, highway Weight and Motion Systems, etc. Any and all work required to install and maintain any specialized or newly developed systems. All cutting, fitting and bandaging of ducts, raceways, and conduits. The cleaning, rodding and installation of "fish and pull wires". The excavation, setting, leveling and grouting of precast manholes, vaults, and pull boxes including ground rods or grounding systems, rock necessary for leveling and drainagae as well as pouring of a concrete envelope if needed. JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks necessary toinstall the complete transportation system. JOURNEYMAN TECHNICIAN duties shall consist of: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and comnmunication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, dector loop, fiber optic cable and video/data ELEC /01/2011 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment)...$ (3) Groundman...$

132 Page 6 of 25 2/1/2012 (4) Powderman...$ HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ELEV /01/2011 Rates Fringes ELEVATOR MECHANIC...$ FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day ENGI /01/2011 Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1...$ GROUP 2...$ GROUP 3...$ GROUP 4...$ GROUP 5...$ GROUP 6...$ GROUP 8...$ GROUP 9...$ GROUP 10...$ GROUP 11...$ GROUP 12...$ GROUP 13...$ GROUP 14...$ GROUP 15...$ GROUP 16...$ GROUP 17...$ GROUP 18...$ GROUP 19...$ GROUP 20...$ GROUP 21...$ GROUP 22...$ GROUP 23...$ GROUP 24...$ GROUP 25...$ OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1...$ GROUP 2...$ GROUP 3...$ GROUP 4...$ GROUP 5...$ GROUP 6...$ GROUP 7...$

133 Page 7 of 25 2/1/2012 GROUP 8...$ GROUP 9...$ GROUP 10...$ GROUP 11...$ GROUP 12...$ GROUP 13...$ OPERATOR: Power Equipment (Tunnel Work) GROUP 1...$ GROUP 2...$ GROUP 3...$ GROUP 4...$ GROUP 5...$ GROUP 6...$ GROUP 7...$ PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine

134 Page 8 of 25 2/1/2012 operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Horizontal Directional Drilling Machine; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or

135 Page 9 of 25 2/1/2012 similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumpcrete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-john Deere, 1040 and similar single unit); Selfpropelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-watson 3000 or 5000 auger or similar types-texoma 900 auger or similar types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol-blade operator (single engine); Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine);

136 Page 10 of 25 2/1/2012 Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50

137 Page 11 of 25 2/1/2012 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane

138 Page 12 of 25 2/1/2012 repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)

139 Page 13 of 25 2/1/2012 GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM

140 Page 14 of 25 2/1/2012 $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along

141 Page 15 of 25 2/1/2012 the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ENGI /01/2009 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman...$ (2) Dredge dozer...$ (3) Deckmate...$ (4) Winch operator (stern winch on dredge)...$ (5) Fireman-Oiler, Deckhand, Bargeman, Leveehand...$ (6) Barge Mate...$ IRON /01/2010 Rates Fringes Ironworkers: Fence Erector...$ Ornamental, Reinforcing and Structural...$ PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock LABO /01/2011 Rates Fringes Brick Tender...$ LABO /01/2011

142 Page 16 of 25 2/1/2012 Rates Fringes LABORER (GUNITE) GROUP 1...$ GROUP 2...$ GROUP 3...$ LABORER (TUNNEL) GROUP 1...$ GROUP 2...$ GROUP 3...$ GROUP 4...$ LABORER GROUP 1...$ GROUP 2...$ GROUP 3...$ GROUP 4...$ GROUP 5...$ FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane

143 Page 17 of 25 2/1/2012 and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot-Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all

144 Page 18 of 25 2/1/2012 other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.); Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen LABO /05/2009 Rates Fringes LABORER PLASTER CLEAN-UP LABORER...$ PLASTER TENDER...$ LABO /01/2010 Rates Fringes Asbestos Removal Laborer...$ SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations

145 Page 19 of 25 2/1/2012 LABO /01/2011 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer...$ (2) Vehicle Operator/Hauler.$ (3) Horizontal Directional Drill Operator...$ (4) Electronic Tracking Locator...$ Laborers: (STRIPING/SLURRY SEAL) GROUP 1...$ GROUP 2...$ GROUP 3...$ GROUP 4...$ LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment PAIN /01/2011 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San

146 Page 20 of 25 2/1/2012 Diego County)...$ (2) All Other Work...$ REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities * PAIN /05/2011 Rates Fringes DRYWALL FINISHER/TAPER...$ PAIN /01/2011 Rates Fringes GLAZIER...$ FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up PAIN /01/2010 Rates Fringes SOFT FLOOR LAYER...$ PLAS /01/2011 Rates Fringes PLASTERER...$ PLAS /01/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ PLUM /01/2011 Rates Fringes PLUMBER/PIPEFITTER (1) Work on strip malls, light commercial, tenant improvement and remodel work...$ (2) Work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space...$ (3) All other work...$

147 Page 21 of 25 2/1/ PLUM /01/2011 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ Sewer & Storm Drain Work...$ ROOF /01/2011 Rates Fringes ROOFER...$ FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay SFCA /01/2011 DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER...$ SFCA /01/2011 SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER (Fire)...$ SHEE /01/2011 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work...$ (2) Industrial work including air pollution control systems, noise abatement, hand rails,

148 Page 22 of 25 2/1/2012 guard rails, excluding aritechtural sheet metal work, excluding A-C, heating, ventilating systems for human comfort...$ TEAM /01/2008 Rates Fringes TRUCK DRIVER GROUP 1...$ GROUP 2...$ GROUP 3...$ GROUP 4...$ GROUP 5...$ GROUP 6...$ GROUP 7...$ GROUP 8...$ GROUP 9...$ GROUP 10...$ GROUP 11...$ GROUP 12...$ WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level

149 Page 23 of 25 2/1/2012 GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM /01/2011. The first four letters, PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable, i.e., Plumbers Local The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the

150 Page 24 of 25 2/1/2012 rate. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA /13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

151 Page 25 of 25 2/1/2012 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION

152 APPENDIX III EXCERPTS FROM STATE LABOR CODE

153 CALIFORNIA CODES LABOR CODE SECTION The Director of the Department of Industrial Relations shall determine the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773, and the director s determination in the matter shall be final except as provided in Section Nothing in this article, hdwever, shall prohibit the payment of more than the general prevailing rate of wages to any workman employed on public work. Nothing in this act shall permit any overtime work in violation of Article 3 of this chapter Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works. This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work A joint labor management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section l75a of Title 29 of the United States Code) may bring an action in any court of competent jurisdiction against an employer that fails to pay the prevailing wage to its employees, as required by this article. This action shall be commenced not later than 180 days after the filing of a valid notice of completion in the office of the county recorder in each county in which the public work or some part thereof was performed, or not later than 180 days after acceptance of the public work, whichever last occurs (a) (1) The State Public Works Enforcement Fund is hereby created as a special fund in the State Treasury. Notwithstanding Section of the Government Code, moneys in the fund shall be continuously appropriated for the purposes the Department of Industrial Relations enforcement of prevailing wage requirements applicable to public works pursuant to this chapter, and labor compliance enforcement as set forth in subdivision (b) of Section , and shall not be used or borrowed for any other purpose. (2) The Director of Industrial Relations, with the approval of the Director of Finance, shall determine and assess a fee on any awarding body using funds derived from any bond issued by the state to fund public works projects, in an amount not to exceed one fourth of 1 percent of the bond proceeds. The fee shall be set to cover the expenses of the Department of Industrial Relations for administering the prevailing wage requirements on public works projects using those bond funds. All fees collected pursuant to this subdivision section

154 shall be deposited in the State Public Works Enforcement Fund, and shall be used only for enforcement of prevailing wage requirements on projects using bond funds and other projects for which awarding bodies pay into the fund. The administration and enforcement of prevailing wage requirements is an administrative expense associated with pubiic works construction. (b) The fee imposed by this section shall not apply to any contract awarded prior to the effective date of regulations adopted by the department pursuant to paragraph (2) of subdivision (b) of Section (c) The department shall report to the Legisiature, not later than March 1, 2011, on its administration of the State Public Works Enforcement Fund, and the prevailing wage enforcement activities undertaken by the department utilizing that funding (a) Notwithstanding Section 1771, an awarding body may not require the payment of the general prevailing rate of per diem wages or the general prevailing rate of per diem wages for holiday and overtime work for any public works project of twenty five thousand dollars ($25,000) or less when the project is for construction work, or for any public works project of fifteen thousand dollars ($15,000) or less when the project is for alteration, demolition, repair, or maintenance work, if the awarding body elects to initiate and enforce a labor compliance program pursuant to subdivision (b) for every public works project under the authority of the awarding body. (b) For purposes of this section, a labor compliance program shall include, but not be limited to, the following requirements: (1) All bid invitations and public works contracts shall contain appropriate language concerning the requirements of this chapter. (2) A prejcb conference shall be conducted with the contractor and subcontractors to discuss federal and state labor law requirements applicable to the contract. (3) Project contractors and subcontractors shall maintain and furnish, at a designated time, a certified copy of each weekly payroll containing a statement of compliance signed under penalty of perjury. (4) The awarding body shall review, and, if appropriate, audit payroll records to verify compliance with this chapter. (5) The awarding body shall withhold contract payments when payroll records are delinquent or inadequate. (6) The awarding body shall withhold contract payments equal to the amount of underpayment and applicable penalties when, after investigation, it is established that underpayment has occurred. (c) For purposes of this chapter, labor compliance program means a labor compliance program that is approved, as specified in state regulations, by the Director of the Department of Industrial Relations. (d) For purposes of this chapter, the Director of the Department of Industrial Relations may revoke the approval of a labor compliance program in the manner specified in state regulations. (e) This section shall not apply to contracts awarded after the latter of either the effective date of any fee adopted by the Department of Industrial Relations to be deposited in the State Public Works Enforcement Fund, pursuant to Sections , , , , and of this code, subdivision (d) of Section of, and subdivision (d) of SectiDn 81704, of the Education Code, subdivision (f) of Section 6531 of the Government Code, and paragraph (3) of subdivision (b) of Section of, paragraph (5)

155 of subdivision (b) of Section of, subdivision (b) of Section of, subdivision (C) of Section of, Section of, and subdivision (a) of Section of the Public Contract Code, or the effective date of the regulations adopted by the department pursuant to paragraph (2) of subdivision (b) of Section (a) Notwithstanding Section 1771, an awarding body may not require the payment of the general prevailing rate of per diem wages or the general prevailing rate of per diem wages for holiday and overtime work for any public works project of twenty five thousand dollars ($25,000) or less when the project is for construction work, or for any public works project of fifteen thousand dollars ($15,000) or less when the project is for alteration, demolition, repair, or maintenance work, if the awarding body elects to undertake all of the following for every public works project under the authority of the awarding body: (1) Ensure that all bid invitations and public works contracts contain appropriate language concerning the requirements of this chapter. (2) Conduct a prejob conference with the contractor and subcontractor to discuss federal and state labor law requirements applicable to contract. (3) Pay a fee to the Department of Industrial Relations for the enforcement of prevailing wage obligations in an amount that the department shall establish, and as it may from time to time amend, in an amount not to exceed one fourth of 1 percent of the total public works project costs, sufficient to support the department s costs in ensuring compliance with and enforcing prevailing wage requirements on the project. All fees collected pursuant to this subdivision shall be deposited in the State Public Works Enforcement Fund created by Section , and shall be used only for enforcement of prevailing wage requirements on those projects. (b) For all projects required to pay a fee into the State Public Works Enforcement Fund, the Department of Industrial Relations shall do the following: (1) Review on a monthly basis, and if appropriate, audit payroll records to verify compliance with this chapter. (2) Adopt reasonable regulations setting forth the manner in which the department will ensure compliance with and enforce prevailing wage requirements on the project. In adopting these regulations, the department shall give consideration to the duties of labor compliance programs as set forth in Sections to 16439, inclusive, of Title 8 of the California Code of Regulations. (c) The department may waive the fee set forth in this section for an awarding body that has previously been granted approval by the director to initiate and operate a labor compliance program on the awarding body s projects, and that requests to continue to operate that labor compliance program on its projects in lieu of labor compliance by the department pursuant to subdivision (b). This fee shall not be waived for an awarding body that contracts with a third party to initiate and enforce labor compliance programs on the awarding body s projects. (d) Subdivisions (a) and (c) of this section shall only apply to a contract awarded on or after both the effective date of the department s adoption of the fee set forth in subdivision (a) and of regulations pursuant to paragraph (2) of subdivision (b)

156 (a) Any awarding body that enforces this chapter in accordance with Section 1726 or shall provide notice of the withholding of contract payments to the contractor and subcontractor, if applicable. The notice shall be in writing and shall describe the nature of the violation and the amount of wages, penalties, and forfeitures withheld. Service of the notice shall be completed pursuant to Section 1013 of the Code of Civil Procedure by first class and certified mail to the contractor and subcontractor, if applicable. The notice shall advise the contractor and subcontractor, if applicable, of the procedure for obtaining review of the withholding of contract payments. The awarding body shall also serve a copy of the notice by certified mail to any bonding company issuing a bond that secures the payment of wages covered by the notice and to any surety on a bond, if their identities are known to the awarding body. (b) The withholding of contract payments in accordance with Section 1726 or shall be reviewable under Section 1742 in the same manner as if the notice of the withholding was a civil penalty order of the Labor Commissioner under this chapter. If review is requested, the Labor Commissioner may intervene to represent the awarding body. (c) Pending a final order, or the expiration of the time period for seeking review of the notice of the withholding, the awarding body shall not disburse any contract payments withheld. (d) From the amount recovered, the wage claim shall be satisfied prior to the amount being applied to penalties. If insufficient money is recovered to pay each worker in full, the money shall be prorated among all workers. (e) Wages for workers who cannot be located shall be placed in the Industrial Relations Unpaid Wage Fund and held in trust for the workers pursuant to Section Penalties shall be paid into the General Fund of the awarding body that has enforced this chapter pursuant to Section (a) (1) An awarding body that chooses to use funds derived from either the Kindergarten University Public Education Facilities Bond Act of 2002 or the Kindergarten-University Public Education Facilities Bond Act of 2004 for a public works project, shall initiate and enforce, or contract with a third party to initiate and enforce, a labor compliance program, as described in subdivision (b) of Section , with respect to that public works project. (2) If an awarding body described in paragraph (1) chooses to contract with a third party to initiate and enforce a labor compliance program for a project described in paragraph (1), that third party shall not review the payroll records of its own employees or the employees of its subcontractors, and the awarding body or an independent third party shall review these payroll records for purposes of the labor compliance program. (b) This section applies to public works that commence on or after April 1, For purposes of this subdivision, work performed during the design and preconstruction phases of construction, including, but not limited to, inspection and land surveying work, does not constitute the commencement of a public work. (c) (1) For purposes of this section, if any campus of the California State University chooses to use the funds described in subdivision (a), then the awarding body is the Chancellor of the

157 California State University. For purposes of this subdivision, if the chancellor is required by subdivision (a) to initiate and enforce, or to contract with a third party to initiate and enforce, the labor compliance program described in that subdivision, then in addition to the requirements imposed upon an awarding body by subdivision (b) of Section , the Chancellor of the California State University shall review the payroll records described in paragraphs (3) and (4) of subdivision (b) of Section on at least a monthly basis to ensure the awarding body s compliance with the labor compliance program. (2) For purposes of this subdivision, if an awarding body described in subdivision (a) is the University of California or any campus of that university, and that awarding body is required by subdivision (a) to initiate and enforce, or to contract with a third party to initiate and enforce, the labor compliance program described in that subdivision, then in addition to the requirements imposed upon an awarding body by subdivision (b) of Section , the payroll records described in paragraphs (3) and (4) of subdivision (b) of Section shall be reviewed on at least a monthly basis to ensure the awarding body s compliance with the labor compliance program. (d) (1) An awarding body described in subdivision (a) shall make a written finding that the awarding body has initiated and enforced, or has contracted with a third party to initiate and enforce, the labor compliance program described in subdivision (a) (2) (A) If an awarding body described in subdivision (a) is a school district, the governing body of that district shall transmit to the State Allocation Board, in the manner determined by that board, a copy of the finding described in paragraph (1) (B) The State Allocation Board shall not release the funds described in subdivision (a) to an awarding body that is a school district until the State Allocation Board has received the written finding described in paragraph (1) (C) If the State Allocation Board conducts a postaward audit procedure with respect to an award of the funds described in subdivision (a) to an awarding body that is a school district, the State Allocation Board shall verify, in the manner determined by that board, that the school district has complied with the requirements of this subdivision. (3) If an awarding body described in subdivision (a) is a community college district, the Chancellor of the California State University, or the office of the President of the University of California or any campus of the University of California, that awarding body shall transmit, in the manner determined by the Director of the Department of Industrial Relations, a copy of the finding described in paragraph (1) to the director of that department, or the director of any successor agency that is responsible for the oversight of employee wage and employee work hours laws. (e) Notwithstanding Section of the Education Code, for purposes of this act, the State Allocation Board shall increase the grant amounts as described in Chapter 12.5 (commencing with Section ) of Part 10 of Div±sion I of Title 1 of the Education Code to accommodate the state s share of the increased costs of a new construction or modernization project due to the initiation and enforcement of the labor compliance program. (f) This section shall become inoperative upon the latter of the effective date of regulations adopted by the Department of Industrial Relations pursuant to paragraph (2) of subdivision (b) of Section or the effective date of the fees adopted by the department

158 pursuant to Section , and shall be repealed on the January 1 next following that date (a) An awarding body that chooses to use funds derived from either the Kindergarten University Public Education Facilities Bond Act of 2002 or the Kindergarten university Public Education Facilities Bond Act of 2004 for a public works project, shall pay a fee to the Department of Industrial Relations, in an amount that the department shall establish, and as it may from time to time amend, in an amount not to exceed one fourth of 1 percent of the bond proceeds, sufficient to support the department s costs in ensuring compliance with and enforcing prevailing wage requirements on the project, and labor compliance enforcement as set forth in subdivision (b) of Section All fees collected pursuant to this subdivision shall be deposited in the State Public Works Enforcement Fund created by Section , and shall be used only for enforcement of prevailing wage requirements on those projects. The department may waive the fee set forth in this section for an awarding body that has previously been granted approval by the director to initiate and operate a labor compliance program on the awarding body s projects, and requests to continue to operate that labor compliance program on its projects in lieu of labor compliance by the department pursuant to subdivision (b) of Section This fee shall not be waived for an awarding body that contracts with a third party to initiate and enforce labor compliance programs on the awarding body s projects. (b) This section applies to public works that commence on or after April 1, For purposes of this subdivision, work performed during the design and preconstruction phases of construction, including, but not limited to, inspection and land surveying work, does not constitute the commencement of a public work. (c) (1) For purposes of this section, if any campus of the California State University chooses to use the funds described in subdivision (a), then the awarding body is the Chancellor of the California State University and the chancellor is required by subdivision (a) to pay a fee to the Department of Industrial Relations. (2) For purposes of this subdivision, if an awarding body described in subdivision (a) is the University of California or any campus of that university, and that awarding body is required by subdivision (a) to pay a fee to the Department of Industrial Relations, then the university shall review the payroll records on at least a monthly basis to ensure the university s compliance with prevailing wage obligations. (d) The department shall notify the State Allocation Board of awarding bodies that have paid a fee as required by subdivision (a) (e) Notwithstanding Section of the Education Code, for purposes of this section, the State Allocation Board shall increase the grant amounts as described in Chapter 12.5 (commencing with Section ) of Part 10 of Division 1 of Title 1 of the Education Code to accommodate the state s share of the increased costs of a new construction or modernization project due to the fee required to be paid to the Department of Industrial Relations to ensure compliance with and enforcement of prevailing wage laws on the project. All fees collected pursuant to this subdivision shall be deposited in the State Public Works Enforcement Fund created by Section

159 (f) This section shall only apply to a contract awarded on or after both the effective date of the department s adoption of the fee set forth in subdivision (a) and of regulations pursuant to paragraph (2) of subdivision (b) of Section (a) The body awarding any contract for a public works project financed in any part with funds made available by the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Division 26.5 (commencing with Section 79500) of the Water Code) shall adopt and enforce, or contract with a third party to adopt and enforce, a labor compliance program pursuant to subdivision (b) of Section for application to that public works project. (b) This section shall become operative only if the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Division 26.5 (commencing with Section 79500) of the Water Code) is approved by the voters at the November 5, 2002, statewide general election. (c) This section shall become inoperative on the latter of the effective date of the regulations adopted by the Department of Industrial Relations pursuant to paragraph (2) of subdivision (b) of Section or the effective date of the fees adopted by the department pursuant to Section , and shall be repealed on the January 1 next following that date (a) The body awarding any contract for a public works project financed in any part with funds made available by the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Division 26.5 (commencing with Section 79500) of the Water Code) shall pay a fee to the Department of Industrial Relations, in an amount that the department shall establish, and as may from time to time amend, in an amount not to exceed one fourth of 1 percent of the bond proceeds, sufficient to support the department s costs in ensuring compliance with and enforcing prevailing wage requirements on the project, and labor compliance enforcement as set forth in subdivision (b) of Section All fees collected pursuant to this subdivision shall be deposited in the State Public Works Enforcement Fund created by Section , and shall be used only for enforcement of prevailing wage requirements on those projects. The department may waive the fee set forth in this section for an awarding body that has previously been granted approval by the director to initiate and operate a labor compliance program on the awarding body s projects, and requests to continue to operate that labor compliance program on its projects in lieu of labor compliance by the department pursuant to subdivision (b) of Section This fee shall not be waived for an awarding body that contracts with a third party to initiate and enforce labor compliance programs on the awarding body s projects. (b) This section shall only apply to a contract awarded on or after both the effective date of the department s adoption of the fee set forth in subdivision (a) and of regulations pursuant to paragraph (2) of subdivision (b) of Section it (a) The body awarding any contract for a public works project financed in any part with funds made available by the Safe,

160 Reliable High Speed Passenger Train Bond Act for the 21st Century (Chapter 20 (commencing with Section 2704) of Division 3 of the Streets and Highways Code) shall pay a fee to the Department of Industrial Relations, in an amount that the department shall establish, and as it may from time to time amend, in an amount not to exceed one fourth of 1 percent of the bond proceeds, sufficient to support the department s costs in ensuring compliance with and enforcing prevailing wage requirements on the project, and labor compliance enforcement as set forth in subdivision (b) of Section All fees collected pursuant to this subdivision shall be deposited in the State Public Works Enforcement Fund created by Section , and shall be used only for enforcement of prevailing wage requirements on those projects. The department may waive the fee set forth in this section for an awarding body that has previously been granted approval by the director to initiate and operate a labor compliance program on the awarding body s projects, and requests to continue to operate that labor compliance program on its projects in lieu of labor compliance by the department pursuant to subdivision (b) of Section This fee shall not be waived for an awarding body that contracts with a third party to initiate and enforce labor compliance programs on the awarding body s projects. (b) This section shall apply only to a contract awarded on or after both the effective date of the department s adoption of the fee set forth in subdivision (a) and of regulations pursuant to paragraph (2) of subdivision (b) of Section Workers employed by contractors or subcontractors in the execution of any contract for public work are deemed to be employed upon public work The body awarding any contract for public work, or otherwise undertaking any public work, shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. The holidays upon which those rates shall be paid need not be specified by the awarding body, but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. In determining the rates, the Director of Industrial Relations shall ascertain and consider the applicable wage rates established by collective bargaining agreements and the rates that may have been predetermined for federal public works, within the locality and in the nearest labor market area. Where the rates do not constitute the rates actually prevailing in the locality, the director shall obtain and consider further data from the labor organizations and employers or employer associations concerned, including the recognized collective bargaining representatives for the particular craft, classification, or type of work involved. The rate fixed for each craft, classification, or type of work shall be not less than the prevailing rate paid in the craft, classification, or type of work. If the director determines that the rate of prevailing wage for any craft, classification, or type of worker is the rate established

161 by a collective bargaining agreement, the director may adopt that rate by reference as provided for in the collective bargaining agreement and that determination shall be effective for the life of the agreement or until the director determines that another rate should be adopted (a) Per diem wages, when the term is used in this chapter or in any other statute applicable to public works, shall be deemed to include employer payments for the following: (1) Health and welfare. (2) Pension. (3) Vacation. (4) Travel. (5) Subsistence. (6) Apprenticeship or other training programs authorized by Section 3093, so long as the cost of training is reasonably related to the amount of the contributions. (7) Worker protection and assistance programs or committees established under the federal Labor Management Cooperation Act of 1978 (Section l75a of Title 29 of the United States Code), to the extent that the activities of the programs or committees are directed to the monitoring and enforcement of laws related to public works. (8) Industry advancement and collective bargaining agreements administrative fees, provided that these payments are required under a collective bargaining agreement pertaining to the particular craft, classification, or type of work within the locality or the nearest labor market area at issue. (9) Other purposes similar to those specified in paragraphs (1) to (8), inclusive. (b) Emoloyer payments include all of the following: (1) The rate of contribution irrevocably made by the emoloyer to a trustee or third person pursuant to a plan, fund, or program. (2) The rate of actual costs to the employer reasonably anticipated in providing benefits to workers pursuant to an enforceable commitment to carry out a financially responsible plan or program communicated in writing to the workers affected. (3) Payments to the California Apprenticeship Council pursuant to Section (c) Employer payments are a credit against the obligation to pay the general prevailing rate of per diem wages. However, no credit shall be granted for benefits required to be provided by other state or federal law. Credits for employer payments also shall not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing. (d) The credit for employer payments shall be computed on an annualized basis where the employer seeks credit for employer payments that are higher for public works projects than for private construction performed by the same employer, except where one or more of the following occur: (1) The employer has an enforceable obligation to make the higher rate of payments on future private construction performed by the employer. (2) The higher rate of payments is required by a project labor agreement. (3) The payments are made to the California Apprenticeship Council pursuant to Section (4) The director determines that annualization would not serve the purposes of this chapter. (e) (1) For the purpose of determining those per diem wages for

162 contracts, the representative of any craft, classification, or type of worker needed to execute contracts shall file with the Department of Industrial Relations fully executed copies of the collective bargaining agreements for the particular craft, classification, or type of work involved. The collective bargaining agreements shall be filed after their execution and thereafter may be taken into consideration pursuant to Section 1773 whenever filed 30 days prior to the call for bids. If the collective bargaining agreement has not been formalized, a typescript of the final draft may be filed temporarily, accompanied by a statement under penalty of perjury as to its effective date. (2) Where a copy of the collective bargaining agreement has previously been filed, fully executed copies of all modifications and extensions of the agreement that affect per diem wages or holidays shall be filed. (3) The failure to comply with filing requirements of this subdivision shall not be grounds for setting aside a prevailing wage determination if the information taken into consideration is correct The body awarding any contract for public work, or otherwise undertaking any public work, shall specify in the call for bids for the contract, and in the bid specifications and in the contract itself, what the general rate of per diem wages is for each craft, classification, or type of worker needed to execute the contract. In lieu of specifying the rate of wages in the call for bids, and in the bid specifications and in the contract itself, the awarding body may, in the call for bids, bid specifications, and contract, include a statement that copies of the prevailing rate of per diem wages are on file at its principal office, which shall be made available to any interested party on request. The awarding body shall also cause a copy of the determination of the director of the prevailing rate of per diem wages to be posted at each job site An awarding agency whose public works contract falls within the jurisdiction of Section shall, within five days of the award, send a copy of the award to the Division of Apprenticeship Standards. When specifically requested by a local joint apprenticeship committee, the division shall notify the local joint apprenticeship committee regarding all such awards applicable to the joint apprenticeship committee making the request. Within five days of a finding of any discrepancy regarding the ratio of apprentices to journeymen, pursuant to the certificated fixed number of apprentices to journeymen, the awarding agency shall notify the Division of Apprenticeship Standards Any prospective bidder or his representative, any representative of any craft, classification or type of workman involved, or the awarding body may, within 20 days after commencement of advertising of the call for bids by the awarding body, file with the Director of Industrial Relations a verified petition to review the determination of any such rate or rates upon the ground that they have not been determined in accordance with the provision of Section 1773 of this code. Within two days thereafter, a copy of such

163 petition shall be filed with the awarding body. The petition shall set forth the facts upon which it is based. The Director of Industrial Relations or his authorized representative shall, upon notice to the petitioner, the awarding body and such other persons as he deems proper, including the recognized collective bargaining representatives for the particular crafts, classifications or types of work involved, institute an investigation or hold a hearing. Within 20 days after the filing of such petition, or within such longer period as agreed upon by the director, the awarding body, and all the interested parties, he shall make a determination and transmit the same in writing to the awarding body and to the interested parties. Such determination shall be final and shall be the determination of the awarding body. Upon receipt by it of the notice of the filing of such petition the body awarding the contract or authorizing the public work shall extend the closing date for the submission of bids or the starting of work until five days after the determination of the general prevailing rates of per diem wages pursuant to this section. Upon the filing of any such petition, notice thereof shall be set forth in the next and all subsequent publications by the awarding body of the call for bids. No other notice need be given to bidders by the awarding body by publication or otherwise. The determination of the director shall be included in the contract The Director of Industrial Relations may establish rules and regulations for the purpose of carrying out this chapter, including, but not limited to, the responsibilities and duties of awarding bodies under this chapter If during any quarterly period the Director of Industrial Relations shall determine that there has been a change in any prevailing rate of per diem wages in any locality he shall make such change available to the awarding body and his determination shall be final. Such determination by the Director of Industrial Relations shall not be effective as to any contract for which the notice to bidders has been published The provisions of Section of the Government Code shall not be applicable to Sections 1773, , and (a) The Director of Industrial Relations shall use the methodology set forth in subdivision (b) to determine the general prevailing rate of per diem wages in the locality in which the public work is to be performed. (b) The general prevailing rate of per diem wages includes all of the following: (1) The basic hourly wage rate being paid to a majority of workers engaged in the particular craft, classification, or type of work within the locality and in the nearest labor market area, if a majority of the workers is paid at a single rate. If no single rate is being paid to a majority of the workers, then the single rate

164 total hourly wage rate does not include any employer payments, the (2) Other employer payments included in per diem wages pursuant to from which the basic hourly wage rate was derived. In the event the Section and as included as part of the total hourly wage rate for determining the modal rate, by considering the appropriate labor market area, or other data such as wage survey data. shall establish an alternative rate, consistent with the methodology collective bargaining agreements, federal rates, rates in the nearest same procedure set forth in paragraph (1) (3) The rate for holiday and overtime work shall be those rates any, included with the prevailing basic hourly rate of pay shall be (c) (1) If the director determines that the general prevailing changes into the determination. Predetermined changes that are (2) When the director determines that there is a definite and as described in paragraph (1), but has not published, at the time of employer payments included in per diem wages pursuant to Section , a contractor or subcontractor may allocate payments of not of the specific allocation of the predetermined change. (3) When the director determines that there is a definite and as described in paragraph (1), but the allocation of that employer payments included in per diem wages pursuant to Section is subsequently altered by the parties to a collective (a) Notwithstanding any other provision of law and except as otherwise provided by this section, if the state or a political (1) Determine, as otherwise provided by law, the wage rates for following: subdivision thereof agrees by contract with a private entity that the request by the state or the political subdivision, do both of the rate for holiday and overtime work, the director shall, upon a general prevailing rate of per diem wages and the general prevailing private entity T s employees receive, in performing that contract, the subcontractor may allocate payments of not less than the amount of bargaining agreement, the rate for holidays and overtime work, if bargaining agreement, and that the collective bargaining agreement contains definite and predetermined changes during its term that will rescinded prior to their effective date shall not be enforced. bargaining agreement described in paragraph (1), a contractor or hourly rate is based on a collective bargaining agreement rate. In the event the basic hourly rate is not based on a collective predetermined change in the general prevailing rate of per diem wages the predetermined change as between the basic hourly wage and other the effective date of the predetermined change, the allocation of per diem wages for up to 60 days following the directors publication predetermined change in the general prevailing rate of per diem wages predetermined change as between the basic hourly wage and other the definite and predetermined change in accordance with either the specified in the collective bargaining agreement when the basic prevailing. less than the amount of the definite and predetermined change to director shall establish a prevailing employer payment rate by the rate of per diem wages is the rate established by a collective affect the rate adopted, the director shall incorporate those collective bargaining agreement. either the basic hourly wage or other employer payments included in originally published allocation or the allocation as altered in the prevailing. If a modal rate cannot be determined, then the director being paid to the greatest number of workers, or modal rate, is

165 each craft, classification, or type of worker that are needed to execute the contract. (2) Provide these wage rates to the state or political subdivision that requests them. (b) This section does not apply to a contract for a public work, as defined in this chapter. (c) The director shall determine and provide the wage rates described in this section in the order in which the requests for these wage rates were received and regardless of the calendar year in which they were received. If there are more than 20 pending requests in a calendar year, the director shall respond only to the first 20 requests in the order in which they were received. If the director determines that funding is available in any calendar year to determine and provide these wage rates in response to more than 20 requests, the director shall respond to these requests in a manner consistent with this subdivision The contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less than the specified prevailing rates of wages to all workmen employed in the execution of the contract (a) (1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor. (2) (A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following: (i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations. (B) (i) The penalty may not be less than ten dollars ($10) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than twenty dollars ($20) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than thirty dollars ($30) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section

166 (C) When the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section. (D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion. (E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements: (1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, , 1813, and (2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section (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 (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and

167 correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: (1) A certified copy of an employee s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor. (c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. 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) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual s name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual s name and social security number. A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney s fees and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer s misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this chapter.

168 (f) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address. (g) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10 day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. (h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. (i) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section Any officer, agent, or representative of the State or of any political subdivision who wilfully violates any provision of this article, and any contractor, or subcontractor, or agent or representative thereof, doing public work who neglects to comply with any provision of section 1776 is guilty of a misdemeanor (a) Whenever a contractor or subcontractor performing a public works project pursuant to this chapter is found by the Labor Commissioner to be in violation of this chapter with intent to defraud, except Section , the contractor or subcontractor or a firm, corporation, partnership, or association in which the contractor or subcontractor has any interest is ineligible for a period of not less than one year or more than three years to do either of the following: (1) Bid on or be awarded a contract for a public works project. (2) Perform work as a subcontractor on a public works project. (b) Whenever a contractor or subcontractor performing a public works project pursuant to this chapter is found by the Labor Commissioner to be in willful violation of this chapter, except Section , the contractor or subcontractor or a firm, corporation, partnership, or association in which the contractor or subcontractor has any interest is ineligible for a period up to three years for each second and subsequent violation occurring within three years of a separate and previous willful violation of this chapter to do either of the following: (1) Bid on or be awarded a contract for a public works project.

169 (2) Perform work as a subcontractor on a public works project. (c) A willful violation occurs when the contractor or subcontractor knew or reasonably should have known of his or her obligations under the public works law and deliberately fails or refuses to comply with its provisions. (d) Not less than semiannually, the Labor Commissioner shall publish and distribute to awarding bodies a list of contractors who are ineligible to bid on or be awarded a public works contract, or to perform work as a subcontractor on a public works project pursuant to this chapter. The list shall contain the name of the contractor, the Contractor s State License Board license number of the contractor, and the effective period of debarment of the contractor. The commissioner shall also place advertisements in construction industry publications targeted to the contractors and subcontractors, chosen by the commissioner, that state the effective period of the debarment and the reason for debarment. The advertisements shall appear one time for each debarment of a contractor in each publication chosen by the commissioner. The debarred contractor or subcontractor shall be liable to the commissioner for the reasonable cost of the advertisements, not to exceed five thousand dollars ($5,000). The amount paid to the commissioner for the advertisements shall be credited against the contractor s or subcontractor s obligation to pay civil fines or penalties for the same willful violation of this chapter. (e) For purposes of this section, contractor or subcontractor means a firm, corporation, partnership, or association and its responsible managing officer, as well as any supervisors, managers, and officers found by the Labor Cormnissioner to be personally and substantially responsible for the willful violation of this chapter. (f) For the purposes of this section, he term any interest means an interest in the entity bidding or performing work on the public works project, whether as an owner, partner, officer, manager, employee, agent, consultant, or representative. Any interest includes, but is not limited to, all instances where the debarred contractor or subcontractor receives payments, whether cash or any other form of compensation, from any entity bidding or performing work on the public wdrks project, or enters into any contracts or agreements with the entity bidding or performing work on the public works project for services performed or to be performed for contracts that have been or will be assigned or sublet, or for vehicles, tools, equipment, or supplies that have been or will be sold, rented, or leased during the period from the initiation of the debarment proceedings until the end of the term of the debarment period. Any interest does not include shares held in a publicly traded corporation if the shares were not received as compensation after the initiation of debarment from an entity bidding or performing work on a public works project. (g) For the purposes of this section, the term entity is defined as a company, limited liability company, association, partnership, sole proprietorship, limited liability partnership, corporation, business trust, or organization. (h) The Labor Commissioner shall adopt rules and regulations for the administration and enforcement of this section (a) Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. (b) Every apprentice employed upon public works shall be paid the

170 prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered. (c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following: (1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) When the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program s standards shall not be required to submit any additional application in order to include additional public works contracts under that program. Apprenticeable craft or trade, as used in this section, means a craft or trade determined as an aoprenticeable occupation in accordance with rules and regulatidns prescribed by the California Apprenticeship Council. As used in this section, contractor includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o) (e) Prior to commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates where the contractor agrees to be bound by those standards, but, except as otherwise

171 apprentices for the number of hours computed as above before the end shall not be used to calculate the ratio. The contractor shall employ journeyman in excess of eight hours per day or 40 hours per week 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 (h) This ratio of apprentice work to journeyman work shall apply performing any of the work under the contract, employs journeymen or (3) There is a showing that the apprenticeable craft or trade is a journeyman. (1) When an exemption is granted pursuant to subdivision (k) to an (m) (1) A contractor to whom a contract is awarded, who, in apprentices in a particular craft or trade in the state on all of his Apprenticeship Standards, upon application of an apprenticeship the jobsite. Where an hourly apprenticeship ratio is not feasible period that the journeymen in the same craft or trade are employed at for a particular craft or trade, the Chief of the Division of for each five journeymen in a craft or trade classification. apprentice work for every five hours of labor performed by replacing at least one thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local grant a certificate exempting the contractor from the l to 5 hourly conditions is met: public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards. organization that represents contractors in a specific trade from contractors shall not be required to submit individual applications the l to 5 ratio on a local or statewide basis, the member (k) An apprenticeship program has the discretion to grant to a (1) Unemployment for the previous three month period in the area (2) The number of apprentices in training in the area exceeds a forth in this section when it finds that any one of the following Apprenticeship, exempting the contractor from the l to 5 ratio set which shall be subject to the approval of the Administrator of ratio, as set forth in this section for that craft or trade. number of apprentices or the ratio of apprentices to journeymen an apprenticeship program in the craft or trade, shall employ the the approval certificate, or that has been previously approved for greatest extent possible, to employ apprentices during the same time stipulated in the applicable apprenticeship standards, but in no participating contractor or contractor association a certificate, is to be assigned is of a nature that training cannot be provided by (4) Assignment of an apprentice to any work performed under a basis. ratio of 1 to 5. of the subcontract. However, the contractor shall endeavor, to the program, may order a minimum ratio of not less than one apprentice journeymen, the Chief of the Division of Apprenticeship Standards may of the contract or, in the case of a subcontractor, before the end A (i) contractor covered by this section that has agreed to be covered by an apprenticeship program s standards upon the issuance of event less than the l to 5 ratio required by subdivision (g) exceeds an average of 15 percent. or the public at large, or the specific task to which the apprentice (j) Upon proper showing by a contractor that he or she employs or her contracts on an annual average of not less than one hour of hour of apprentice work for every five hours of journeyman work. provided in this section, in no case shall the ratio be less than one

172 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) At the conclusion of the fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Division of Apprenticeship Standards for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be distributed as follows: (A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made. (B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and geographic area for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices registered in each program. (C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the future expenses of the Division of Apprenticeship Standards. (3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Notwithstanding Section of the Government Code, all money in the Apprenticeship Training Contribution Fund is hereby continuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of the Division of Apprenticeship Standards. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. (o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) All decisions of an apprenticeship program under this section are subject to Section An employer or a labor union shall not refuse to accept otherwise qualified employees as registered apprentices on any public works on any basis listed in subdivision (a) of Section of the Government Code, as those bases are defined in Sections and of the Government Code, except as provided in Section 3077 of this code and Section of the Government Code (a) (1) A contractor or subcontractor that is determined by the Chief of the Division of Apprenticeship Standards to have

173 knowingly violated Section shall forfeit as a civil penalty an amount not exceeding one hundred dollars ($100) for each full calendar day of noncompliance. The amount of this penalty may be reduced by the Chief if the amount of the penalty would be disproportionate to the severity of the violation. A contractor or subcontractor that knowingly commits a second or subsequent violation of Section within a three year period, where the noncompliance results in apprenticeship training not being provided as required by this chapter, shall forfeit as a civil penalty the sum of not more than three hundred dollars ($300) for each full calendar day of noncompliance. Notwithstanding Section 1727, upon receipt of a determination that a civil penalty has been imposed by the Chief, the awarding body shall withhold the amount of the civil penalty from contract progress payments then due or to become due. (2) In lieu of the penalty provided for in this subdivision, the Chief may, for a first time violation and with the concurrence of an apprenticeship program described in subdivision (d), order the contractor or subcontractor to provide apprentice employment equivalent to the work hours that would have been provided for apprentices during the period of noncompliance. (b) In the event a contractor or subcontractor is determined by the Chief to have knowingly committed a serious violation of any provision of Section , the Chief may also deny to the contractor or subcontractor, and to its responsible officers, the right to bid on or be awarded or perform work as a subcontractor on any public works contract for a period of up to one year for the violation and for a period of up to three years for a second or subsequent violation. Each period of debarment shall run from the date the determination of noncompliance by the Chief becomes a final order of the Administrator of Apprenticeship. (c) (1) An affected contractor, subcontractor, or responsible officer may obtain a review of the determination of the Chief imposing the debarment or civil penalty by transmitting a written request to the office of the Administrator within 30 days after service of the determination of debarment or civil penalty. A copy of this report shall also be served on the Chief. If the Administrator does not receive a timely request for review of the determination of debarment or civil penalty made by the Chief, the order shall become the final order of the Administrator. (2) Within 20 days of the timely receipt of a request for review, the Chief shall provide the contractor, subcontractor, or responsible officer the opportunity to review any evidence the Chief may offer at the hearing. The Chief shall also promptly disclose any nonprivileged documents obtained after the 20 day time limit at a time set forth for exchange of evidence by the Administrator. (3) Within 90 days of the timely receipt of a request for review, a hearing shall be commenced before the Administrator or an impartial hearing officer designated by the Administrator and possessing the qualifications of an administrative law judge pursuant to subdivision (b) of Section of the Government Code. The affected contractor, subcontractor, or responsible officer shall have the burden of providing evidence of compliance with Section (4) Within 45 days of the conclusion of the hearing, the Administrator shall issue a written decision affirming, modifying, or dismissing the determination of debarment or civil penalty. The decision shall contain a statement of the factual and legal basis for the decision and an order. This decision shall be served on all parties and the awarding body pursuant to Section 1013 of the Code of Civil Procedure by first class mail at the last known address of the party that the party has filed with the Administrator. Within 15 first

174 days of issuance of the decision, the Administrator may reconsider or modify the decision to correct an error, except that a clerical error may be corrected at any time. (5) An affected contractor, subcontractor, or responsible officer who has timely requested review and obtained a decision under paragraph (4) may obtain review of the decision of the Administrator by filing a petition for a writ of mandate to the appropriate superior court pursuant to Section of the Code of Civil Procedure within 45 days after service of the final decision. If no timely petition for a writ of mandate is filed, the decision shall become the final order of the Administrator. The decision of the Administrator shall be affirmed unless the petitioner shows that the Administrator abused his or her discretion. If the petitioner claims that the findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in light of the entire record. (6) The Chief may certify a copy of the final order of the Administrator and file it with the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the certified order. A judgment entered pursuant to this section shall bear the same rate of interest and shall have the same effect as other judgments and be given the same preference allowed by the law on other judgments rendered for claims for taxes. The clerk shall not charge for the service performed by him or her pursuant to this section. An awarding body that has withheld funds in response to a determination by the Chief imposing a penalty under this section shall, upon receipt of a certified copy of a final order of the Administrator, promptly transmit the withheld funds, up to the amount of the certified order, to the Administrator. (d) If a subcontractor is found to have violated Section , the prime contractor of the project is not liable for any penalties under subdivision (a), unless the prime contractor had knowledge of the subcontractor s failure to comply with the provisions of Section or unless the prime cdntractor fails to comply with any of the following requirements: (1) The contract executed between the contractor and the subcontractor or the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, , 1813, and (2) The contractor shall continually monitor a subcontractor s use of apprentices required to be employed on the public works project pursuant to subdivision (d) of Section , including, but not limited to, periodic review of the certified payroll of the subcontractor. (3) Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including, but not limited to, retaining funds due the subcontractor for work performed on the public works project until the failure is corrected. (4) Prior to making the final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project. (e) Any funds withheld by the awarding body pursuant to this section shall be deposited in the General Fund if the awarding body

175 is a state entity, or in the equivalent fund of an awarding body if the awarding body is an entity other than the state. (f) The Chief shall consider, in setting the amount of a monetary penalty, in determining whether a violation is serious, and in determining whether and for how long a party should be debarred for violating this section, all of the following circumstances: (1) Whether the violation was intentional. (2) Whether the party has committed other violations of Section (3) Whether, upon notice of the violation, the party took steps to voluntarily remedy the violation. (4) Whether, and to what extent, the violation resulted in lost training opportunities for apprentices. (5) Whether, and to what extent, the violation otherwise harmed apprentices or apprenticeship programs. If a party seeks review of a decision by the Chief to impose a monetary penalty or period of debarment, the Administrator shall decide de novo the appropriate penalty, by considering the same factors set forth above. (g) The interpretation of Section and this section shall be in accordance with the regulations of the California Apprenticeship Council. The Administrator may adopt regulations to establish guidelines for the imposition of monetary penalties and periods of debarment and may designate precedential decisions under Section of the Government Code Every person, who individually or as a representative of an awarding or public body or officer, or as a contractor or subcontractor doing public work, or agent or officer thereof, who takes, receives, or conspires with another to take or receive, for his own use or the use of any other person any portion of the wages of any workman or working subcontractor, in connection with services rendered upon any public work is guilty of a felony Any person or agent or officer thereof who charges, collects, or attempts to charge or collect, directly or indirectly, a fee or valuable consideration for registering any person for public work, or for giving information as to where such employment may be procured, or for placing, assisting in placing, or attempting to place, any person in public work, whether the person is to work directly for the State, or any political subdivision or for a contractor or subcontractor doing public work is guilty of a misdemeanor Any person acting on behalf of the State or any political subdivision, or any contractor or subcontractor or agent or representative thereof, doing any public work who places any order for the employment of a workman on public work where the filling of the order for employment involves the charging of a fee, or the receiving of a valuable consideration from any applicant for employment is guilty of a misdemeanor (a) (1) Notwithstanding any other provision of law, a

176 contractor s bid or awards the contractor a contract in circumstances applies, if that body, before the bid opening or awarding of the as a public work, as defined in this chapter, to which Section 1771 where no bid is solicited, the work covered by the bid or contract court that classifies, after the time at which the body accepts the decision by the body, the Department of Industrial Relations, or a any increased costs incurred by the contractor as a result of any are met: the work described in paragraph (1) was a public work, as defined the payment of wages to workers performing the work described in paragraph (1) the bid or awarded the contract shall rebid the public work covered the contractor may not be compensated for any nonconstruction work events described in subdivision (a) perform or performed work on the public work as a result of the (3) If a contractor did not directly submit a bid to, or directly (b) When construction has not commenced at the time a final (1) Awarding body does not include the Department of General (2) Increased costs includes, but is not limited to: any contract that was executed for this work are null and void, and Water Resources. undertaking any public work is not liable for increased costs in an in this chapter, to which Section 1771 applies, and obligated the undertaking a public work, the liability of that body in an action guarantee, or some other form of assurance. collect that portion of the judgment against a surety bond, satisfy any portion of a judgment unless, in addition to other of this paragraph, a contractor may not be deemed to be unable to and maintaining bonds to secure the payment of contractors, including Code or any other provision of law pertaining to the body providing commenced by the contractor under subdivision (a) is limited to that work described in paragraph (1) to be performed as a public work. portion of the work that the decision classifies as a public work. action described in paragraph (1) if all of the following conditions contract with, that body. party with whom the body makes its written arrangement to cause the contract with a body awarding a contract for, or otherwise portion of a judgment, obtained by that contractor against the body chapter, in the bid specification or in the contract documents that other written arrangement by which it undertook the public work that Services, the Department of Transportation, or the Department of (c) For purposes of this section: classifies all or part of the work covered by the bid or contract as decision by the Department of Industrial Relations or a court already performed unless the body soliciting the bid or awarding the contract has agreed to compensate the contractor for this work. by the contract as a public work, any bid that was submitted and contract, failed to identify as a public work, as defined in this contractor, that the contractor is unable to satisfy. For purposes that solicited the contractor s bid or awarded the contract to the collection measures, the contractor has made a good faith attempt to a court of competent jurisdiction to recover from the body awarding a contract for a public work or otherwise undertaking any public work (2) The body awarding a contract for a public work or otherwise (A) The contractor did not directly submit a bid to, or directly (B) The body stated in the contract, agreement, ordinance, or (C) The body fulfilled all of its duties, if any, under the Civil a public work, as defined in this chapter, the body that solicited (A) Labor cost increases required to be paid to workers who contractor may, subject to paragraphs (2) and (3), bring an action in

177 (B) Penalties for a violation of this article for which the contractor is liable, and which violation is the result of the events described in subdivision (a)

178 APPENDIX IV APPLICABLE STANDARD PLANS (Not Comprehensive For Contractor s Convenience Only)

179 RAISED TRUNCATED DOME NOTES: Tooccoewyar.a doted 1. As site conditions dictote, Lose A through Lose S curb romps moy be used for oorner instollations similar to those shown in Setoil A and Detoil B. The nose of curb romps used in Detail A do not hooe to be the some. Lose A through Lose U ourb romps olso moy be used nt mid blosk locotions, Os site oanditions dictote. 2. If distonne from ourb to book of sidewalk is too shaft to occammodate romp cod 4-0 plotform (londingi os shown in Case A, the sidewolk moy be depressed langituoinolly ow in Lose B, or C or may be widened ow in Lose S. 3. When romp is located in oenter of curb return, orosseolk oonfigurotion must be similar to thot shown for Detail B. 4. As site conditions dictote, the retoining curb side and the flsred side of the Lose 0 romp shall be constructed in reversed position. 5. If booted on a curve, the sides of the romp need not be parallel, but the minimum width of the romp shall be 4-0. B. Side slope of romp flares very uniformly from a mosimom of 107. at curb to conform with longitudinol sidewalk slope adjacent to top of the romp, eanept in Lose L sod Lowe F. 7. The curb romp shall be outlined, ow shown, with a 1-0 wide border with / grooves opprocimotely Y1 on center. See grooving detail. TRUNCATED DOME PATTERN (IN-LINE) Note 9 SECTION C-C Approaimately W DETECTABLE WARNING SURFACE PALE ist nousrn ncutn hsikets ) m C Cl) m V Cl) -I z V V r z Cl) 0) 0.45 Top Pia Bose Lb See Note r,- Sutter flawlin Top of ramp 4 5 Bin SECTION A-A Mom Netoining curb Mov2XM00j See hate h SECTION BB Depress emtire sidewalk as required (Retaining B. Transitions from ramps and lending to walks, gutters or streets shall be flush and free of abrupt changes. 9. Mavimum slopes of adjoining gutters, the road surface immediately odjacenb to the curb ramp or accessible route shall not ecceed percent within 4-0 of the tap and bottom of the curb romp. blurb romps shall hove a detectable warning surface that entends the full width and 3-0 depth of the ramp, Petectable Warning Surfaces shall conform to the details on this plan and the requirements in the Special Pracisions. lithe edge of the detectable sorning surface neorest the street shall be between N cod B from the gutter flowline. 12. Sidewalk and romp thickness, T shall be 31/n minimum. 13. utility pull bosnw, manholes, vaults end all other utility facilities withim the boundaries of the curb ramp will be relocated or adjusted to groan by the owner prior to, or in conjunction with, curb ramp construction. 14.far retrofit conditions, removal and replacement af curb apron will be at the Luntrsctar s option, unless otherwise shown on project plane. necessa y C: 235 te spacing 0 0 DETAIL B TYPICAL ONF-RAMP TYPICAL TWO RAMP CORNER INSTALLATION See Notes 1 and 3 See Note Limit of pay 4 5 Mm SEfANTMENT OF TgdkspagTuTak e DETAIL CURB RAMP DETAILS See,,} SOP ANNA SATES SEPTEMBEg 1, 200k SUPENSEPES STBNSAgS PLAN ANNA Mate g DATED MAY I, 200k OF TAE STANSAND PLANS Book SATES BAt 200k. RETROFIT DETAIL Ecisting curb and sidewalk I REVISED STANDARD PLAN RSP A8BA

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195

196 APPENDIX V LOCATIONS OF RAMPS

197 SAFE ROUTES TO SCHOOL SIDEWALK & RAMP IMPROVEMENTS VARIOUS LOCATIONS CIP 211 SUMMARY TABLE OF LOCATION OF CURB RAMP IMPROVEMENTS AT VARIOUS LOCATIONS AS QUANTIFIED ON PAGE P-10 OF THE PROPOSAL BID SHEET Intersection Type of No. Intersection Corner Ramp Special Construction Notes 1 Alturas & Modesto SE Type 3 None 2 Alturas & Modesto SW Type 2 None 3 El Retiro & Nubles NE Type 3 None 4 Montilla & Naccome NW Type 2 None 5 Montilla & Naccome NE Type 2 None 6 Montilla & Tarrasa NW Type 2 None 7 Montilla & Tarrasa SW Type 2 None 8 Pericia & Pepita NE Type 2 None 9 Pericia & Pepita SE Type 2 None 10 Pericia & Cortina NW Type 2 None 11 Pericia & Cortina NE Type 2 None 12 Pericia & Cortina SE Type 3 None 13 Pericia & Terreno NE Type 2 None 14 Pericia & Terreno SE Type 2 None 15 Preciados & Primavera S Type 2 None 16 Preciados & Primavera W Type 2 None 17 Preciados & Primavera E Type 3 None 18 Puerta de Luz & Via La Coruna SW Type 2 None 19 Puerta de Luz & Via La Coruna SE Type 2 None 20 Puerta de Luz & Via La Coruna NE Type 3 None 21 Veterans Way & Northernmost Existing Crosswalk E Type 3 Remove interfering portions of down drain and v-ditch and relocate north of proposed ramp 22 Veterans Way & Northernmost Existing Crosswalk W Type 3 None 23 Via Astorga & Navarra NW Type 2 None 24 Via Astorga & Navarra SW Type Via Grande & School Entrance (Viejo Elementary) Via Grande & School Entrance (Viejo Elementary) 27* Via San Jose & Via Santa Maria NE Type 3 Reconstruct sidewalk between existing residential driveway and proposed ramp as 0 curb face sidewalk. W Type 3 None E Type 3 None Edison vault lid conflict. Modify existing sidewalk as necessary.* *Ramp may be deleted if Edison utility vault poses a conflict with the proposed improvements or if Edison cannot relocate its utility vault in a timely manner in the event of a conflict.

198 Alturas & Modesto Glen Yermo Elementary 40 ft CityGIS

199 El Retiro & Nubles Carl Hankey School 40 ft CityGIS

200 Montilla & Naccone Montevideo Elementary 40 ft CityGIS

201 Montilla & Tarrasa Montevideo Elementary 40 ft CityGIS

202 Pericia & Pepita La Paz Intermediate 40 ft CityGIS

203 Pericia & Cortina La Paz Intermediate 30 ft CityGIS

204 Pericia & Terreno La Paz Intermediate 40 ft CityGIS

205 Preciados & Primavera De Portola Elementary 40 ft CityGIS

206 Puerta de Luz & Via La Coruna Castille Elementary 40 ft CityGIS

207 Veterans Way & Northernmost Crosswalk Newhart Middle School 40 ft CityGIS

208 Via Astorga & Navarra Castille Elementary 40 ft CityGIS

209 Via Grande & School Entrance Viejo Elementary 40 ft CityGIS

210 Via San Jose & Via Santa Maria Barcelona Elementary 40 ft CityGIS

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