HomeMy WebLinkAboutItem 10 - Amend CIP for the West Willits Protected Bike Lanes from Fairview Street to Raitt StreetPublic Works Agency
www.santa-ana.org/public-works
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 7, 2023
TOPIC: Award Construction Contract and Amend CIP for the West Willits Protected
Bike Lanes from Fairview Street to Raitt Street
AGENDA TITLE
Award a Construction Contract to Excel Paving Co. in the Amount of $1,798,800.00 for
the West Willits Protected Bike Lanes from Fairview Street to Raitt Street Project, with
an Estimated Project Delivery Cost of $2,277,000.00 (Project No. 19-6948, APSBL-
5063(195)) (Non -General Fund)
RECOMMENDED ACTION
1. Award a construction contract to Excel Paving Co., the lowest responsible bidder,
in accordance with the base bid in the amount of $1,798,800.00, for construction
of the West Willits Protected Bike Lanes from Fairview Street to Raitt Street
Project, for a term beginning March 7, 2023 and ending upon project completion,
and authorize the City Manager to execute the contract subject to non -
substantive changes approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost
of $2,277,000.00, which includes $1,798,800.00 for the construction contract,
$270,000.00 for contract administration, inspection and testing, and a
$208,200.00 project contingency for unanticipated or unforeseen work.
DISCUSSION
The City's General Plan Mobility Element and 2020 Safe Routes to School Plan
identifies the need for protected bike lanes and other improvements on West Willits
Street from Fairview Street to Raitt Street (Exhibit 1). The scope of work includes
constructing a protected bikeway system including raised medians, irrigation,
landscape, bike detection, curb ramps, cross gutters, traffic signal modifications, traffic
loops, and crosswalk enhancements. Once completed, the newly constructed bike lanes
will help create a safer route for the community to improve the quality of life for all users.
Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 916
regional vendors via PlanetBids, many of which are Santa Ana based. Five vendors
requested bidding documents and a total of five bids were received. One of the five bids
was received from a Santa Ana contractor.
Award Construction Contract to Excel Paving Co.
March 7, 2023
Page 2
As legally required, a Notice Inviting Bids was advertised in the Orange County Register
newspaper on October 10, October 17, October 24, and October 30 of 2022. The
project was also advertised in PlanetBids from October 10, 2022 through November 7,
2022. Bids were received electronically via PlanetBids on November 7, 2022.
Bid Results Summary
RANK
BIDDER'S NAME
LOCATION
BASE BID
1
Excel Paving Co
Long Beach, CA
$1,798,800.00
2
Klassic Engineering &
Orange, CA
$1,876,000.00
Construction, Inc.
3
Hardy & Harper, Inc.
Lake Forest, CA
$1,970,000.00
4
Onyx Paving Company, Inc.
Anaheim, CA
$1,972,000.00
5
HZS Engineering and
Santa Ana, CA
$2,584,050.00
Construction
A total of five bids were received, and all were deemed responsive. Excel Paving Co.,
Inc. submitted the lowest responsive base bid in the amount of $1,798,800.00 (Exhibit
2). As specified in the bid documents, the lowest bid shall be determined on the basis of
the Base Bid. Based on the bid analysis and a contractor's reference check, staff
recommends awarding the construction contract to Excel Paving Co., in the amount of
the base bid totaling $1,798,800.00 (Exhibit 3).
Excel Paving Co. has successfully completed various projects for the City of Santa Ana
throughout the last several years. The most recent projects are Miscellaneous Storm
Drain Repairs, Bush Street Bike Improvements, and Traffic Signal and Bulb -outs at
Bishop -Pacific -Shelton Bicycle Boulevards.
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total
project delivery cost includes construction administration, inspection, and testing, along
with an allowance for contingencies to account for unexpected or unforeseen
conditions. Construction administration and inspection includes construction
management; inspection of the Contractor's work to ensure contract compliance,
workmanship, and quality; and materials testing. As indicated in the Cost Analysis
(Exhibit 4) and as summarized in the table below, the estimated total construction
delivery cost of the project is $1,798,800.00.
Project Item
Total
Construction Contract
$1,798,800.00
Construction Administration, Inspection, Testing
$270,000.00
Award Construction Contract to Excel Paving Co.
March 7, 2023
Page 3
Contingencies J $208,200.00
TOTAL CONSTRUCTION DELIVERY COST 11 $2,277,000.00
The construction funding for this project was approved by Council in the 19/20 CIP
(Exhibit 5). It has subsequently been carried forward to be available in Fiscal Year
Ending 2023.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions
are exempt from further review. Categorical Exemption Environmental Review No. ER-
2019-32 was filed for the project.
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the
project is $2,277,000.00, which includes construction, contract administration,
inspection, testing, and an authorized contingency. Project No. 19-6948 is the number
assigned to the Project Plans and Specifications and the Notice Inviting Bids. Project
No. 19-6948 is the number assigned to the funding for tracking of all expenditures to
deliver the construction of this project.
The following table summarizes the funds budgeted and available in current FY 2022-23
for expenditure to deliver construction of this project. Any remaining balances not
expended at the end of the fiscal year will be presented to City Council for approval of
carryovers to FY 2023-24.
Accounting
Accounting Unit -
Fiscal
Unit - Account
Fund
Account No.
Amount
Year
No.
Description
Description
Project No.
ExistingProject Budget Exc uding Design Engineering)
Traffic System
Active
14817615-
Management
Transportation
2022-23
66220
Grant - ATP-
Program
$2,277,000.00
(19-6948)
S131
Augmentation —
Augmentation
Improvements Other
Than Buildings
Total
$2,277,000.00
EXHIBIT(S)
1. Location Map
2. Bid Proposal
3. Construction Contract
Award Construction Contract to Excel Paving Co.
March 7, 2023
Page 4
4. Cost Analysis
5. CIP Project Sheet
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Kristine Ridge, City Manager
Exhibit 1
SANTAANA Project No. 19-6948 (ATPSBL-5063(195)):
u=i West Willits Protected Bike Lanes from Fairview
, Street to Raitt Street
PUBLIC WORKS AGENCY
CITY OF SANTA ANA
PROPOSAL€.,
PROJECT NO.: 19-6948
WEST WILLITS STREET PROTECTED BICYCLE LANES
FEDERAL PROJECT NO: ATPSB 1-5063(195)
BID PROPOSAL
TO, CITY COUNCIL OF THE CITY OF SANTA ANA
FROM:
REQUIREMENT;
PAL P. INC DRA
EXCF-L PAVING COMPANY
The undersigned bidder declares that they have carefully examined the location of the proposed
work, that they have exammi ed the Contract Documents in its entirety and hereby proposes to
furnish all material and do all the work required to complete the said work in accordance with
said plans (if any) and the specifications for the unit price(s) or lump sums) set forth in the
following schedule:
Item
Description
Qty
Unit
Unit Price
Amount
1
Unclassified Excavation
1,000
CY
S 230
$ 230000
2
AC Pavement
190
TN
$ 400
$
76000
3
Raised Curb Exposed Aggregate PCC
2,300
SF
$
$
Median
28
6440d
4
PCC Garb Type B-3 (Modified 8")
7,OW
LF
$
$
39
273000
5
PCC Curb Ramp
8,900
SF
$
$
36
320400
6
PCC Curb & Gutter (Type A-2-8)
200
LF
$
$
79
15800
7
PCC Cross -Gutter (Arterial Street)
1,000
SF
$
$
28
28000
8
PCC Cross -Gutter (Local Street)
5,100
SF
$
$
24
122400
9
PCC Sidewalk (T=4")
1,800
SF
$
$
20
36000
10
Root Shave
4
EA
$
$
950
3800
11
Landscaping with Imported Sail
1
LS
$
$
75000
75000
12
Irrigation
1
LS
S 136000
$ 136000
13
Project Advertisement Sign
2
EA
1400
2800
P-1 of P-40
Exhibit 2
CITY OF SANTA ANA
PROPOSAL
PROTECT NO., 19-6948
WEST WILLITS STREET PROTECTED BICYCLE LANES
FEDERAL PROJECT NO: ATPSB 1-5463(195)
Item
Description
Qty
Unit
Unit Price
Amount
14
Traffic Signal Modification at
1
LS
$
$
Willits St & Sullivan St
67000
670D0
15
Video Detection System (VDS) at
1
LS
S
$
Willits St & Sullivan St
5800[i
58000
16
Video Detection System (VDS) at
1
LS
5
$
Willits St & Fairview St
59000
5g000
17
1P Communication System at
1
LS
S
$
Willits St & Sullivan St
11000
11000
18
Signing and Striping
1
LS
$
210000
$
210000
19
Construction Permit
1
LS
$ l 0,200
$10,200
TOTAL BASE BID
J$ 1,798,800.00
ADD ALTERNATIVE 1
Item
Description
Qty
Unit
Unit Price
Amount
20
Cold Mill Variable (&' to 1.251)
76,200
SQ
$ 0.45
$ 34290
21
Asphalt Rubber Hot Mix
1,703
IN
$ 230
S 391690
ADD ALTERNATIVE 2
Item
Description
Qty
Unit
Unit Price
Amount
22
Garb Ramp Metal Handrail
90
LF
$ 800
$
72000
P 2 of P-40
Exhibit 2
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 19-6948
WEST WILLITS STREET PROTECTED BICYCLE LANES
FEDERAL PROJECT NO: ATPSBI-5063(195)
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the
right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any).
* The quantity for this bid item is shown for bid comparison only. This bid item shall not be
subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual
amount for this item will be dictated by the actual quantity used, and the Agency reserves the
right to increase or decrease the quantity of this item accordingly.
t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications.
TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES
The undersigned bidder hereby proposes to complete the Work for the total base bid amount
shown above, within ninety (90) working days after the commencement date stated in the Notice
to Proceed.
The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the
Standard Specifications, shall bed; 6 - per calendar day.
PAR W W�
Name of Firm EXCEL PAVING COMPANY
Signature of BIDDER _
Ur -TM T
Title P
(If an individual, so state. If a firm or co -partnership, state the firm name and give the names of
all individual co-partners composing the firm. If a corporation, state legal name of corporation,
and names of President, Secretary, Treasurer and Manager, thereof )
PALP, INC tiBA
EXCEL PAVING COMPANY
'Brown 14l Fresident and Chief Exaculva O'Mcer
Gurus F. r Vice Fsasidont and chlef Financial Officer
pavid A, DrukkBrown
Marcia S. Miller secretary
(;rissa A. PhillIps Asst. Secretary
P-3 of P-40
4�()4
EXHIBIT 3
CITY OF SANTA ANA
CONSTRUCTION CONTRACT
PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
This CONSTRUCTION CONTRACT is made and entered into this 7t' day of March, 2023 by and
between the City of Santa Ana, California, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California (hereinafter "CITY"), and Palp, Inc. DBA Excel
Paving Company (hereinafter "CONTRACTOR").
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and
expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction
of the City Engineer of the CITY, the West Willits Protected Bike Lanes From Fairview Street to
Raitt Street Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in
accordance with the Contract Documents prepared by the City's Public Works Agency and approved
by the City Council.
2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard
Specifications for Public Works Construction and which include the following:
• Notice Inviting Bids
• Information to Bidders
• Bid Proposal
• Bid Bond
• Contract Form
• Contract Bonds
• General Provisions
• Special Provisions
• Technical Provisions and Project Plans
• Community Workforce Agreement
• Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as
established in the Standard Specifications for Public Works Construction.
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF
IMPROVEMENT the sum total amount not to exceed One Million Seven Hundred and Ninety Eight
Thousand and Eight Hundred Dollars and No Cents ($1,798,800.00), as set forth and identified in the
BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A."
The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate
quantities only, and the City does not expressly or by implication agree that the actual amount of work
will correspond therewith, but reserves the right to increase or decrease the amount of any class or
portion of the work or to omit portions of the work as may be deemed necessary or advisable.
rev. 09/01/2017
Page 1 of 4
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in
the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including
commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK
OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for
such work as set forth in the wage determinations for this work in accordance with applicable State
and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement
(CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and
procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF
IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website
at: http://www.santa-ana.org/pwa/documents/CWA.pd
7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY,
one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful
performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%)
of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment
Bond). This Contract shall not become effective until such bonds are supplied to and approved by the
CITY.
8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention
payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond
shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand
Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000)
or Twenty Percent (201/o) of the final contract price. For projects above Five Hundred Thousand
Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars
($100,000) or Ten Percent (10%) of the final contract price.
9. CONTRACTOR shall, after award of this. Contract, furnish Certificates of Liability Insurance and
Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.
10. INDEMNIFICATION.
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend,
indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents,
employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"),
through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs,
damages or losses, including reasonable costs and attorney's fees, for injury, including death to any
person or damage to any property, arising directly or indirectly from, or in any manner relating to, any
of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its
Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier,
of any of the obligations under the Contract Documents;
Page 2 of 4
(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either
on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower
tier, for Work of Improvement performed on or off the project site; and
(v) Any personal injury, property damage or economic loss to third persons related to and arising
from the performance or nonperformance by CONTRACTOR or its Subcontractors of any
lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all
subcontract documents issued by CONTRACTOR.
Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity
in favor of CONTRACTOR against CITY or any other Indemnitee.
11. FEDERAL PROVISIONS.
The federal prevailing wage rates are attached hereto as Exhibit `B" and incorporated herein by this
reference. When the federal prevailing wage rates and California prevailing wage rates differ for similar
kinds of labor, the CONTRACTOR shall not pay less than the higher rate.
The provisions of Form FHWA 1273 apply to this Construction Contract and all work performed by the
CONTRACTOR and its subcontractor and lower tier subcontractors and is attached hereto as Exhibit "C"
and incorporated herein by this reference.
The CONTRACTOR shall comply with all federal requirements including, but not limited to, the Federal -
Aid Contract Provisions attached hereto as Exhibit "D" and incorporated herein by this reference.
With respect to any conflict between such federal requirements and the Contract Documents and/or the
provisions of state law and except as otherwise required under federal law or regulation, the more stringent
requirement shall control.
Page 3 of 4
Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in
favor of CONTRACTOR against CITY or any other indemnitee.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and
year first above written.
ATTEST:
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: 9rv.
JOHN FUNK
Chief Assistant City Attorney
RECOMMENDED FOR APPROVAL:
NABIL SABA, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
CONTRACTOR:
Palp, Inc. DBA Excel Paving Company
Z2 �/�
NAME: P. Brown III
ITLE: President
Page 4 of 4
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On ; before me,
Myisha Monique Riven, Notary Public
(Here insert name and title of the officer)
personally appeared Curtis P. Brown III
, Notary Public,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a)O subscribed to
the within instrument and acknowledged to me that he/sake/t* executed the same in hisV/tb* authorized
capacity(ies), and that by his/l*/tl* 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.
00 41�AVA 0 QA. kC4 -A e \-,J-G
Signature IN otary Public
MYISHA MONIQUE 121VEN
n COMM. #2377053
ON
Notary Public -California
LOS ANGELtS COUNTY(Notary Seal) y Comm. Expires Sep 30, 2025
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
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(Title)
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EXHIBIT "A"
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 19-6948
WEST WILLITS STREET PROTECTED BICYCLE LANES
FEDERAL PROJECT NO: ATPSB 1-5063 (195)
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
PA►LP: INC SBA
FROM: EXCEL PAVING COMPANY
REQUIREMENT:
REBID
The undersigned bidder declares that they have carefully examined the location of the proposed
work, that they have examined the Contract Documents in its entirety and hereby proposes to
famish all material and do all the work required to complete the said work in accordance with
said plans (if any) and the specifications for the unit price(s) or lump sums) set forth in the
following schedule:
Item
Description
Unclassified Excavation
Qty
Unit
Unit
S
$
$
$
$
Price
230
400
28
39
36
$
$
$
S
$
Amount
230000
76000
64400
273000
320400
1
1,000
CY
2
AC Pavement
Raised Curb Exposed Aggregate PCC
Median
PCC Curb Type B-3 (Modified 8')
PCC Curb Ramp
190
TN
3
2,300
SF
4
7,000
LF
5
8,900
SF
6
PCC Curb & Gutter (Type A-2-8)
200
LF
$
79
S
15800
7
PCC Cross -Gutter (Arterial Street)
1,000
SF
$
28
$
28000
8
PCC Cross -Gutter (Local Street)
5,100
SF
$
24
$
122400
9
PCC Sidewalk (T=4'0
1,800
SF
$
20
$
36000
10
Root Shave
4
EA
$
950
$
3800
11
Landscaping with Imported Soil
1
LS
$
75000
$
75000
12
Irrigation
1
LS
$
136000
$
136000
13
Project Advertisement Sign
2
EA
1400
2800
P-1 of P-40
Item
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 19-6948
WEST WILLITS STREET PROTECTED BICYCLE LANES
FEDERAL PROJECT NO: ATPSB 1-5063(195)
Description Qty Unit Unit Price
EXHIBIT "A"
REBID
Amount
Traffic Signal Modification at 1 LS $
Willits St & Sullivan St 67000 67000
Video Detection System (VDS) at 1 LS S $
Willits St &Sullivan St 58000 58000
Video Detection System (VDS) at
Willits St & Fairview St
?Communication System at
Willits St & Sullivan St
Signing and Striping
'onstruction Permit
1 LS $ 59000 $ 59000
1 LS $ 11000 $ 11000
1 LS S 210000 $ 210000
1 I LS J $10,200 , $16,200
TOTAL BASE BID $ 1,798,800.00
P-2 of P40
EXHIBIT "A"
CITY OF SANTA ANA 1 REBID
PROPOSAL
PROJECT NO.: 19-6948
WEST WILLITS STREET PROTECTED BICYCLE LANES
FEDERAL PROJECT NO: ATPSBI-5063(195)
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the
right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any).
* The quantity for this bid item is shown for bid comparison only. This bid item shall not be
subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual
amount for this item will be dictated by the actual quantity used, and the Agency reserves the
right to increase or decrease the quantity of this item accordingly.
f This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications.
TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES
The undersigned bidder hereby proposes to complete the Work for the total base bid amount
shown above, within ninety (90) working days after the commencement date stated in the Notice
to Proceed.
The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the
Standard Specifications, shaPAL0468NR per calendar day.
Name of Firm EXCEL PAVING COMPANY
Signature of BIDDER _
Title
(If an individual, so state. If a firm or co -partnership, state the firm name and give the names of
all individual co-partners composing the firm. If a corporation, state legal name of corporation,
and names of President, Secretary, Treasurer and Manager, thereof.)
PALPI INC DSA
€XCEL PAVING COMPANY
Curtis P. Brown 111 President end chief Executive Officer
David A. Drukker Vice President and Chief Financial Officer
Marcia S. MiUer Secretary
Crissa A. Phillips Asst. Secretary
P-3 of P-40
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
EXHIBIT "B"
FEDERAL PREVAILING WAGE RATES
10/18/22, 8:40 AM SAM.gov
"General Decision Number: CA20220024 10/14/2022
Superseded General Decision Number: CA20210024
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
Note: Contracts subject to the Davis -Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis -Bacon Act itself, but do not apply to
contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60).
JIf the contract is entered
/into on or after January 30,
12022, or the contract is
renewed or extended (e.g., an
/option is exercised) on or
/after January 30, 2022:
JIf the contract was awarded onl.
for between January 1, 2015 and/
January 29, 2022, and the
contract is not renewed or �.
/extended on or after January
130, 2022:
Executive Order 14026
generally applies to the
contract.
The contractor must pay
all covered workers at
least $15.00 per hour (or
the applicable wage rate
listed on this wage
determination, if it is
higher) for all hours
spent performing on the
contract in 2022.
Executive Order 13658
generally applies to the
contract.
The contractor must pay all
covered workers at least
$11.25 per hour (or the
applicable wage rate listed
on this wage determination,
if it is higher) for all
hours spent performing on
that contract in 2022.
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
https://www.dol.gov/agencies/whd/government-contracts.
EXHIBIT "B"
REBID
https://sam.gov/wage-determination/CA20220024/15 1/25
10/18/22, 8:40 AM
SAM.gov EXHIBIT "B"
Modification Number
Publication Date REBID
0
01/07/2022
1
01/14/2022
2
01/21/2022
3
02/04/2022
4
02/18/2022
5
02/25/2022
6
03/04/2022
7
04/01/2022
8
04/29/2022
9
08/05/2022
10
08/12/2022
11
08/19/2022
12
09/02/2022
13
09/30/2022
14
10/07/2022
15
10/14/2022
ASBE0005-002 07/04/2022
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems) ..... $ 49.58 25.27
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls) ...........................$ 32.09 19.66
ASBE0005-004 07/04/2022
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) .... $ 23.52 13.37
* BRCA0004-010 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER ........ $ 41.39 18.95
*The wage scale for prevailing wage projects performed in
Blythe, China lake, Death Valley, Fort Irwin, Twenty -Nine
Palms, Needles and 1-15 corridor (Barstow to the Nevada
State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate
----------------------------------------------------------------
BRCA0018-004 06/01/2021
https://sam.gov/wage-determination/CA20220024/15 2/25
EXHIBIT "B"
10/18/22, 8:40 AM
SAM.gov
Rates
Fringes
REBID
MARBLE FINISHER ..................$
35.90
14.11
TILE FINISHER ....................$
30.47
12.52
TILE LAYER .......................$
43.09
18.31
----------------------------------------------------------------
BRCA0018-010 09/01/2021
Rates Fringes
TERRAZZO FINISHER ................$ 35.43 14.10
TERRAZZO WORKER/SETTER ........... $ 43.61 14.63
----------------------------------------------------------------
CARP0213-001 07/01/2021
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer ...................$
51.60
16.28
(2) Millwright ..............$
52.10
16.48
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial) ................
$
51.73
16.28
(4) Pneumatic Nailer,
Power Stapler ...............$
51.85
16.28
(5) Sawfiler...............$
51.69
16.28
(6) Scaffold Builder .......
$
42.80
16.28
(7) Table Power Saw
Operator ....................$
51.70
16.28
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.
----------------------------------------------------------------
CARP0213-004 07/01/2021
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER .... $ 51.60 16.28
STOCKER/SCRAPPER ............ $ 22.16 8.62
----------------------------------------------------------------
CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer ...... $ 21.85 7.15
----------------------------------------------------------------
ELECO011-002 12/27/2021
COMMUNICATIONS AND SYSTEMS WORK
Rates Fringes
https://sam.gov/wage-determination/CA20220024/15 3/25
10/18122, 8:40 AM SAM.gov EXHIBIT "B"
Communications System REBID
Installer ...................$ 43.87 3%+15.03
Technician ..................$ 33.30 3%+27.82
SCOPE OF WORK:
Installation, testing, service and maintenance of systems
utilizing the transmission and/or transference of voice,
sound, vision and digital for commercial, educational,
security and entertainment purposes for the following: TV
monitoring and surveillance, background -foreground music,
intercom and telephone interconnect, inventory control
systems, microwave transmission, multi -media, multiplex,
nurse call systems, radio page, school intercom and sound,
burglar alarms, fire alarm (see last paragraph below) and
low voltage master clock systems in commercial buildings.
Communication Systems that transmit or receive information
and/or control systems that are intrinsic to the above
listed systems; inclusion or exclusion of terminations and
testings of conductors determined by their function;
excluding all other data systems or multiple systems which
include control function or power supply; excluding
installation of raceway systems, conduit systems, line
voltage work, and energy management systems. Does not
cover work performed at China Lake Naval Ordnance Test
Station. Fire alarm work shall be performed at the current
inside wireman total cost package.
ELEC0441-001 12/27/2021
Rates Fringes
CABLE SPLICER ....................$ 54.65 22.98
ELECTRICIAN ......................$ 52.25 22.91
----------------------------------------------------------------
* ELEC0441-003 12/27/2021
COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent
Transportation Systems or CCTV highway systems)
Rates Fringes
Communications System
Installer ...................$ 41.68 15.90
Technician ..................$ 31.23 15.39
SCOPE OF WORK The work covered shall include the
installation, testing, service and maintenance, of the
following systems that utilize the transmission and/or
transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes
for TV monitoring and surveillance, background foreground
music, intercom and telephone interconnect, inventory
control systems, microwave transmission, multi -media,
multiplex, nurse call system, radio page, school intercom
and sound, burglar alarms and low voltage master clock
systems.
A. Communication systems that transmit or receive information
and/or control systems that are intrinsic to the above
listed systems SCADA (Supervisory control/data acquisition
PCM (Pulse code modulation) Inventory control systems
Digital data systems Broadband & baseband and carriers
https://sam.gov/wage-determination/CA20220024/15 4125
10/18/22, 8:40 AM SAM.gov EXHIBIT "B"
Point of sale systems VSAT data systems Data communication REBID
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.
2. Fire Alarms -Open Wire Systems: installed by the Technician.
ELECO441-004 12/27/2021
Rates Fringes
ELECTRICIAN (TRANSPORTATION
SYSTEMS, TRAFFIC SIGNALS &
STREET LIGHTING)
Cable Splicer/Fiber Optic
Splicer .....................$ 52.85 22.93
Electrician .................$ 52.25 22.91
Technician ..................$ 39.19 22.52
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.
https://sam.govtwage-determination/CA20220024/15 5/25
10/18122, 8:40 AM SAM.gov EXHIBIT "B"
The cleaning, rodding and installation of ""fish and pull REBID
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.
----------------------------------------------------------------
ELEC1245-0O1 06/01/2022
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$
64.40
22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment) .............$
50.00
21.30
(3) Groundman...............$
38.23
20.89
(4) Powderman...............$
51.87
18.79
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
----------------------------------------------------------------
ELEVOOI8-OO1 01/01/2022
Rates Fringes
ELEVATOR MECHANIC ................ $ 61.34 36.885+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly
rate as vacation pay credit for employees with more than 5
years of service, and 6% for 6 months to 5 years of service.
b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence
Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday
after Thanksgiving, and Christmas Day.
----------------------------------------------------------------
ENGI0012-003 07/01/2020
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 48.25 27.20
GROUP 2....................$ 49.03 27.20
GROUP 3....................$ 49.32 27.20
https://sam.govtwage-determination/CA20220024/15 6/25
EXHIBIT 'B"
10/18/22, 8:40 AM
SAM.gov
GROUP
4....................$
50.81
27.20
REBID
GROUP
5....................$
48.96
25.25
GROUP
6....................$
51.03
27.20
GROUP
8....................$
51.14
27.20
GROUP
9....................$
49.29
25.25
GROUP
10....................$
51.26
27.20
GROUP
11....................$
49.41
25.25
GROUP
12....................$
51.43
27.20
GROUP
13....................$
51.53
27.20
GROUP
14....................$
51.56
27.20
GROUP
15....................$
51.64
27.20
GROUP
16....................$
51.76
27.20
GROUP
17....................$
51.93
27.20
GROUP
18........ ............ $
52.03
27.20
GROUP
19....................$
52.14
27.20
GROUP
20....................$
52.26
27.20
GROUP
21....................$
52.43
27.20
GROUP
22....................$
52.53
27.20
GROUP
23....................$
52.64
27.20
GROUP
24....................$
52.76
27.20
GROUP
25....................$
52.93
27.20
OPERATOR:
Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP
1....................$
49.60
27.20
GROUP
2....................$
50.38
27.20
GROUP
3....................$
50.67
27.20
GROUP
4....................$
50.81
27.20
GROUP
5....................$
51.03
27.20
GROUP
6....................$
51.14
27.20
GROUP
7....................$
51.26
27.20
GROUP
8....................$
51.43
27.20
GROUP
9....................$
51.60
27.20
GROUP
10....................$
52.60
27.20
GROUP
11....................$
53.60
27.20
GROUP
12....................$
54.60
27.20
GROUP
13.................... $
55.60
27.20
OPERATOR:
Power Equipment
(Tunnel Work)
GROUP
1....................$
50.10
27.20
GROUP
2....................$
50.88
27.20
GROUP
3....................$
51.17
27.20
GROUP
4....................$
51.31
27.20
GROUP
5....................$
51.53
27.20
GROUP
6....................$
51.64
27.20
GROUP
7....................$
51.76
27.20
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
https://sam.gov/wage-determination/CA20220024/15 7/25
10/18/22, 8:40 AM
SAM.gov
Witch, with seat or similar type equipment; Elevator
operator -inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant
operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt -rubber plant operator (nurse tank operator);
Concrete mixer operator -skip type; Conveyor operator;
Fireman; Forklift operator (includes loed, lull or similar
types over 5 tons; Hydrostatic pump operator; oiler crusher
(asphalt or concrete plant); Petromat laydown machine; PJU
side dum jack; Screening and conveyor machine operator (or
similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating
plant operator; Trenching machine oiler
GROUP 3: Asphalt -rubber blend operator; Bobcat or similar
type (Skid steer); Equipment greaser (rack); Ford Ferguson
(with dragtype attachments); Helicopter radioman (ground);
Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or
similar type); Boring machine operator; Boxman or mixerman
(asphalt or concrete); Chip spreading machine operator;
Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine
operator, small auger types (Texoma super economatic or
similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease
truck); Guard rail post driver operator; Highline cableway
signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power -driven jumbo
form setter operator; Power sweeper operator; Rock Wheel
Saw/Trencher; Roller operator (compacting); Screed operator
(asphalt or concrete); Trenching machine operator (up to 6
ft.); Vacuum or much truck
GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete
joint machine operator (canal and similar type); Concrete
planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types
- Watson 1000 auger or similar types - Texoma 330, 500 or
600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder
machine operator (straw, pulp or seed), 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
EXHIBIT "B"
REBID
https://sam.gov/wage-determination/CA20220024/15 8/25
10/18/22, 8:40 AM SAM.gov EXHIBIT "B"
including D-5 and similar types); Tugger hoist operator (1 REBID
drum); Ultra high pressure waterjet cutting tool system
operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing); Asphalt paving machine operator (Barber Greene
or similar type); Asphalt -rubber distribution operator;
Backhoe operator (up to and including 3/4 yd.), small ford,
Case or similar; Cast -in -place pipe laying machine
operator; Combination mixer and compressor operator (gunite
work); Compactor operator (self-propelled); Concrete mixer
operator (paving); Crushing plant operator; Drill Doctor;
Drilling machine operator, Bucket or auger types (Calweld
150 bucket or similar types - Watson 1500, 2000 2500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum); Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and
similar types); Mobark Chipper or similar; Ozzie padder or
similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type);
Pumperete gun operator; Rock Drill or similar types; Rotary
drill operator (excluding caisson type); Rubber -tired
earth -moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. up to and including 50 cu.
yds. struck); Rubber -tired earth -moving equipment operator
(multiple engine up to and including 25 yds. struck);
Rubber -tired scraper operator (self -loading paddle wheel
type -John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy;
Skiploader operator (crawler and wheel type over 1-1/2 yds.
up to and including 6-1/2 yds.); Soil remediation plant
operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator
(any type larger than D-5 - 100 flywheel h.p. and over, or
similar -bulldozer, tamper, scraper and push tractor single
engine); Tractor operator (boom attachments), Traveling
pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner
attachment (over 6 ft depth capacity): Ultra high pressure
waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types
(Calweld 200 B bucket or similar types -Watson 3000 or 5000
auger or similar types-Texoma 900 auger or similar
types -drilling depth of 105' maximum); Dual drum mixer,
dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol -blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type -except Quad 9
cat.); Rubber -tired earth -moving equipment operator (single
engine, over 50 yds. struck); Pneumatic pipe ramming tool
and similar types; Prestressed wrapping machine operator;
Rubber -tired earth -moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving
equipment operator (multiple engine, Euclid, caterpillar
and similar over 25 yds. and up to 50 yds. struck), Tower
https:/Isam.gov/wage-determination/CA20220024/15 9/25
10/18/22, 8:40 AM SAM.gov EXHIBIT "B"
crane repairman; Tractor loader operator (crawler and wheel R E B I D
type over 6-1/2 yds.); Woods mixer operator (and similar
Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder -
Certified.
GROUP 12: Auto grader operator; Automatic slip form operator;
Drilling machine operator, bucket or auger types (Calweld,
auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar
types - drilling depth of 175' maximum); Hoe ram or similar
with compressor; Mass excavator operator less tha 750 cu.
yards; Mechanical finishing machine operator; Mobile form
traveler operator; Motor patrol operator (multi -engine);
Pipe mobile machine operator; Rubber -tired earth- moving
equipment operator (multiple engine, Euclid, Caterpillar
and similar type, over 50 cu. yds. struck); Rubber -tired
self- loading scraper operator (paddle -wheel -auger type
self -loading - two (2) or more units)
GROUP 13: Rubber -tired earth -moving equipment operator
operating equipment with push-pull system (single engine,
up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator;
Remote- control earth -moving equipment operator (operating
a second piece of equipment: $1.00 per hour additional);
Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber -tired earth -moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck); Rubber -tired earth -moving equipment operator,
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
https://sam.govtwage-determination/CA20220024/15 10/25
10/18/22, 8:40 AM SAM.gov EXHIBIT "B"
units - multiple engine, up to and including 25 yds. struck) REBID
GROUP 20: Rubber -tired earth -moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber -tired
earth -moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50
yds. struck)
GROUP 21: Rubber -tired earth -moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck)
GROUP 22: Rubber -tired earth -moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber -tired earth -moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and
up to and including 50 yds. struck); Rubber -tired
earth -moving equipment operator, operating with the tandem
push-pull system (multiple engine, up to and including 25
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
hftps://sam.govtwage-determination/CA20220024/15 11/25
10/18/22, 8:40 AM SAM.gov EXHIBIT "B"
type); Shovel, backhoe, dragline, clamshell operator (over R E B I D
3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity); Shovel, backhoe, dragline,
clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc); Derrick barge operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator;
Hoist operator, stiff legs, Guy derrick or similar type
(over 25 tons up to and including 50 tons mrc); K-crane
operator; Polar crane operator; Self erecting tower crane
operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50
tons up to and including 100 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 50 tons up to
and including 100 tons mrc), Mobile tower crane operator
(over 50 tons, up to and including 100 tons M.R.C.); Tower
crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100
tons up to and including 200 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc); Mobile tower crane operator
(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)
hftps:/Isam.govtwage-determination/CA20220024/15 12/25
10118122, 8:40 AM SAM.gov E)"BIT nB"
GROUP 5: Backhoe operator (up to and including 3/4 yd.); REBID
Small Ford, Case or similar; Drill doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types);
Mucking machine operator (1/4 yd., rubber -tired, rail or
track type); Pneumatic concrete placing machine operator
(Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumperete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum);
Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the
portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as
defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection
of I-15 and the California State line at that point which is
the NW corner of Section 1, T17N,m R14E, San Bernardino
Meridian. Continue W in a straight line to that point which is
the SW corner of the northwest quarter of Section 6, 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, R4OE, 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 T315, R31E,
MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue
W to SW corner of SE quarter of Section 34, T325, R3OE, 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, R1OE, SBM. Continue S along west boundary of R1OE, 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
$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
https://sam.gov/wage-determination/CA20220024/15 13/25
EXHIBIT 'B"
10118/22, 8:40 AM SAM.gov
and San Luis Obispo County boundary at the NW corner of T25S,
R E B I D
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 5 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 TBN, 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.
$2.00 additional per hour for INYO and MONO Counties and the
Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the
California state line at the point which is the center of
Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the NE corner of the
Western half of the NW quarter of Section 2, TBS, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County,
until the intersection with Kern County at the point which is
the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the
intersection with San Bernardino County at that point which is
the SE corner of section 34, T24S, R40E, MDM. Continue E along
the Inyo and San Bernardino County boundary until the point
which is the NE corner of the Western half of the NW quarter of
Section 6, T25S, R42E, MDM. Continue S to that point which is
the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada
state border at the point which is the NW corner of Section 1,
T17N, R14E, San Bernardino Meridian. Then continue NW along
the state line to the starting point, which is the center of
Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
ENGI0012-004 08/01/2020
Rates Fringes
https://sam.gov/wage-determination/CA20220024/15 14/25
EXHIBIT "B"
10/18/22, 8:40 AM
SAM.gov
REBID
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$
56.40
30.00
(2) Dredge dozer ............
$
50.43
30.00
(3) Deckmate................$
50.32
30.00
(4) Winch operator (stern
winch on dredge) ............
$
49.77
30.00
(5) Fireman -Oiler,
Deckhand, Bargeman,
Leveehand...................$
49.23
30.00
(6) Barge Mate ..............$
49.84
30.00
----------------------------------------------------------------
IRON0433-006 07/01/2020
Rates
Fringes
IRONWORKER
Fence Erector ...............$ 34.58 24.81
Ornamental, Reinforcing
and Structural ..............$ 41.00 33.45
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
----------------------------------------------------------------
LAB00300-005 08/01/2022
Rates Fringes
Asbestos Removal Laborer ......... $ 39.23 23,.28
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.
----------------------------------------------------------------
LAB00345-001 07/01/2022
Rates Fringes
LABORER (GUNITE)
https://sam.gov/wage-determination/CA20220024/15 15/25
EXHIBIT 'B"
10/18/22, 8:40 AM
SAM.gov
GROUP
1.....................$ 48.50
21.37
R E B I D
GROUP
2.....................$ 47.55
21.37
GROUP
3.....................$ 44.01
21.37
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable
classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour
above the foregoing applicable classification rates, paid
on a portal-to-portal basis. Any work performed on, in or
above any smoke stack, silo, storage elevator or similar
type of structure, when such structure is in excess of
75'-0"" above base level and which work must be performed in
whole or in part more than 75'-0"" above base level, that
work performed above the 75'-0"" level shall be compensated
for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
LAB00652-001 07/01/2022
Rates
Fringes
LABORER (TUNNEL)
GROUP
1.....................$
45.68
23.30
GROUP
2.....................$
46.00
23.30
GROUP
3.....................$
46.46
23.30
GROUP
4.....................$
47.15
23.30
LABORER
GROUP
1.....................$
36.39
21.04
GROUP
2.....................$
36.94
21.04
GROUP
3.....................$
37.49
21.04
GROUP
4.....................$
39.04
21.04
GROUP
5.....................$
39.39
21.04
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
https:/Isam.govtwage-determination/CA20220024/15 16/25
10/18/22, 8:40 AM SAM.gov EXHIBIT "B"
mixer and handling bulk cement); Cesspool digger and R E B I D
installer; Chucktender; Chute handler, pouring concrete,
the handling of the chute from readymix trucks, such as
walls, slabs, decks, floors, foundation, footings, curbs,
gutters and sidewalks; Concrete curer, impervious membrane
and form oiler; Cutting torch operator (demolition); Fine
grader, highways and street paving, airport, runways and
similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod
steel and pans; Membrane vapor barrier installer; Power
broom sweeper (small); Riprap stonepaver, placing stone or
wet sacked concrete; Roto scraper and tiller; Sandblaster
(pot tender); Septic tank digger and installer(lead); Tank
scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower
GROUP 3: Buggymobile person; Concrete cutting torch; Concrete
pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or
longer; Dri-pak-it machine; Gas, oil and/or water pipeline
wrapper, 6-in. pipe and over, by any method, inside and
out; High scaler (including drilling of same); Hydro seeder
and similar type; Impact wrench multi -plate; Kettle person,
pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling
of such materials for pipe wrapping and waterproofing);
Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and
similar mechanical tools not separately classified herein;
Pipelayer's backup person, coating, grouting, making of
joints, sealing, caulking, diapering and including rubber
gasket joints, pointing and any and all other services;
Rock clinger; 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
hftps://sam.gov/wage-determination/CA20220024/15 17/25
10/18/22, 8:40 AM SAM.gov EXHIBIT "B"
other types of mechanical drills without regard to the form R E B I D
of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and
switch person on tunnel work); Tunnel materials handling
person; Nipper; Pot tender, using mastic or other materials
(for example, but not by way of limitation, shotcrete, etc.)
GROUP 2: Chucktender, cabletender; Loading and unloading
agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person;
Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet
person; Cherry picker person; Grout gun person; Grout mixer
person; Grout pump person; 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
----------------------------------------------------------------
LAB00652-003 07/01/2022
Rates Fringes
Brick Tender .....................$ 37.32 21.45
----------------------------------------------------------------
LAB01184-001 07/01/2022
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$
40.69
18.25
(2) Vehicle Operator/Hauler.$
40.86
18.25
(3) Horizontal Directional
Drill Operator ..............$
42.71
18.25
(4) Electronic Tracking
Locator .....................$
44.71
18.25
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$
41.90
21.32
GROUP 2.....................$
43.20
21.32
GROUP 3.....................$
45.21
21.32
GROUP 4.....................$
46.95
21.32
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
https://sam.govtwage-determination/CA20220024/15 18/25
10/18/22, 8:40 AM SAM.gov EXHIBIT 'B"
preparation of surface for coatings. Traffic control R E B I D
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all
related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and
application of pavement markers, delineating signs, rumble
and traffic bars, adhesives, guide markers, other traffic
delineating devices including traffic control. This
category includes all traffic related surface preparation
(sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system
installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and
equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes
and markings; hot thermo plastic; tape traffic stripes and
markings, including traffic control; operation of all
related machinery and equipment
----------------------------------------------------------------
LAB01414-001 08/03/2022
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER .... $ 38.92 23.32
PLASTER TENDER .............. $ 41.47 23.32
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
PAIN0036-001 07/01/2020
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County) ...............$ 29.59 17.12
(2) All Other Work .......... $ 33.12 17.24
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate
commercial establishments as part of hotel service, and
sports facilities.
----------------------------------------------------------------
PAIN0036-008 09/01/2022
Rates Fringes
DRYWALL FINISHER/TAPER ........... $ 46.28 23.52
----------------------------------------------------------------
PAIN0036-015 01/01/2020
Rates Fringes
GLAZIER...... ....................$ 43.45 23.39
FOOTNOTE: Additional $1.25 per hour for work in a condor,
from the third (3rd) floor and up Additional $1.25 per
https://sam.govtwage-determination/CA20220024/15 19125
10/18/22, 8:40 AM SAM.gov
hour for work on the outside of the building from a swing
stage or any suspended contrivance, from the ground up
----------------------------------------------------------------
* PAIN1247-002 08/01/2022
Rates Fringes
SOFT FLOOR LAYER .................$ 39.95 15.28
----------------------------------------------------------------
PLAS0200-009 08/03/2022
Rates Fringes
PLASTERER..... ................... $ 47.37 19.64
----------------------------------------------------------------
PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER ... $ 38.50 25.91
----------------------------------------------------------------
PLUM0016-001 09/01/2022
Rates
PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space .................$ 53.51
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work ........................$ 40.95
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
Fringes
25.28
23.61
work ........................$ 55.18 26.26
----------------------------------------------------------------
PLUM0345-001 09/01/2022
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 38.20 25.65
Sewer & Storm Drain Work .... $ 42.29 23.03
----------------------------------------------------------------
ROOF0036-002 08/01/2022
Rates Fringes
ROOFER ...........................$ 43.47 19.52
FOOTNOTE: Pitch premium: Work on which employees are exposed
to pitch fumes or required to handle pitch, pitch base or
EXHIBIT "B"
REBID
https://sam.govtwage-determination/CA20220024/15 20/25
10/18/22, 8:40 AM SAM.gov EXHIBIT "B"
pitch impregnated products, or any material containing coal R E B I D
tar pitch, the entire roofing crew shall receive $1.75 per
hour ""pitch premium"" pay.
----------------------------------------------------------------
SFCA0669-008 04/01/2022
DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA,
AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY
LIMITS OF LOS ANGELES:
Rates Fringes
SPRINKLER FITTER .................$ 43.25 26.77
----------------------------------------------------------------
SFCA0709-003 01/01/2021
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) .......... $ 48.71 29.15
----------------------------------------------------------------
SHEE0105-003 01/01/2022
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 ........................$ 50.23 29.60
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort ... $ 48.28 29.46
----------------------------------------------------------------
TEAM0011-002 07/01/2020
Rates
Fringes
TRUCK DRIVER
GROUP 1........... ......... $
32.59
30.59
GROUP 2....................$
32.74
30.59
GROUP 3....................$
32.87
30.59
GROUP 4....................$
33.06
30.59
GROUP 5....................$
33.09
30.59
GROUP 6....................$
33.12
30.59
GROUP 7....................$
33.37
30.59
GROUP 8....................$
33.62
30.59
GROUP 9....................$
33.82
30.59
GROUP 10....................$
34.12
30.59
https://sam.gov/wage-determination/CA20220024/15
21 /25
10/18/22, 8:40 AM SAM.gov EXHIBIT "B"
GROUP 11....................$ 34.62 30.59 R E B I D
GROUP 12....................$ 35.05 30.59
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
E1 Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training
Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
axles; Boot person; Cement mason distribution truck; Fuel
truck driver; Water truck - 2 axle; Dump truck, less than
16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete
truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire
person ($0.50 additional for tire person); Pipeline and
utility working truck driver, including winch truck and
plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck,
6-1/2 yds. water level and over; Vehicle or combination of
vehicles - 4 or more axles; Oil spreader truck; Dump truck,
16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver;
Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck
repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles
or over
GROUP 10: Dump truck - 50 yds. or more water level; Water
pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine
with attachments; Winch truck driver - $1.25 additional
when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
https://sam.gov/wage-determination/CA20220024/15 22/25
EXHIBIT "B"
10/18/22, 8:40 AM SAM.gov
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
R E B I D
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health -related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health -related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAW"' denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
https://sam.gov/wage-determination/CA20220024/15 23/25
10/18/22, 8:40 AM SAM.gov EXHIBIT "B"
non -union rates. Example: SULA2012-007 5/13/2014. SU indicates R E B I D
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
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
National Office because National Office has responsibility for
the Davis -Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
hftps://sam.gov/wage-determination/CA20220024/15 24/25
10118/22, 8:40 AM SAM.gov EXHIBIT "B"
Wage and Hour Administrator REBID
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISIO"
https:Hsam.gov/wage-determination/CA20220024/15 25/25
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
EXHIBIT "C"
FHWA-1273
EXHIBIT "C"
Local Assistance Procedures Manual
REQUIRED CONTRACT
PROVISIONS FEDERAL -AID
CONSTRUCTION CONTRACTS
Exhibit 12-G
Required Federal -Aid Contract Language
FHWA-1273 -- Revised July 5, 2022
Page 9 of 28
August 2022
EXHIBIT "C"
Local Assistance Procedures Manual
I. General
II. Nondiscrimination
III. Non -segregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
Vill. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for Lobbying
XII. Use of United States -Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
L GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under title 23, United States Code,
as required in 23 CFR 633.102(b) (excluding emergency
contracts solely intended for debris removal). The contractor (or
subcontractor) must insert this form in each subcontract and
further require its inclusion in all lower tier subcontracts
(excluding purchase orders, rental agreements and other
agreements for supplies or services). 23 CFR633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower -tier subcontractor or service provider. 23
CFR 633.102(e).
Form FHWA-1273 must be included in all Federal -aid design -
build contracts, in all subcontracts and in lower tier subcontracts
(excluding subcontracts for design services, purchase orders,
rental agreements and other agreements for supplies or
services) in accordance with 23 CFR 633.102. The design -
builder shall be responsible for compliance by any
subcontractor, lower -tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation -for -bids or request -for -proposals documents,
however, the Form FHWA-1273 must be physically incorporated
(not referenced) in all contracts, subcontracts and lower -tier
subcontracts (excluding purchase orders, rental agreements and
other agreements for supplies or services related to a
construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following
sections, 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. 23 CFR
633.102(d).
Exhibit 12-G
Required Federal -Aid Contract Language
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final payment,
termination of the contract, suspension / debarment or any other
action determined to be appropriate by the contracting agency
and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose within
the limits of a construction project on a Federal -aid highway
unless it is labor performed by convicts who are on parole,
supervised release, or probation. 23 U.S.C. 114(b).The term
Federal -aid highway does not include roadways functionally
classified as local roads or rural minor collectors. 23 U.S.C.
101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230,
Subpart A, Appendix A are applicable to all Federal -aid
construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR
Part 230 are not applicable to material supply, engineering,
or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR Part
60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI
of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et
seq.), and related regulations including 49 CFR Parts 21, 26, and
27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000, the
Standard Federal Equal Employment Opportunity Construction
Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR Part 60, and
29 CFR Parts 1625-1627. The contracting agency and the
FHWA have the authority and the responsibility to ensure
compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. 794), and Title VI of the
Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.),
and related regulations including 49 CFR Parts 21, 26, and 27;
and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230,
Subpart A, Appendix A, with appropriate revisions to conform to
the U.S. Department of Labor (US DOL) and FHWA
requirements.
Page 10 of 28
August 2022
EXHIBIT "C"
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
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 (see 28 CFR Part 35, 29
CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49
CFR Part 27) 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 provisions of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR
Part 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 contracting agency and the
Federal Government to ensure that it has made every good faith
effort to provide equal opportunity with respect to all of its terms and
conditions of employment and in their review of activities under the
contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its 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, sexual orientation,
gender identity, color, national origin, age or disability. Such
action shall include: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship, pre -
apprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known to
the contracting officers an EEO Officer who will have the
responsibility for and must be capable of effectively administering
and promoting an active EEO program 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 are substantially
involved in such action, will be made fully cognizant of and will
implement the contractor's EEO policy and contractual
responsibilities to provide EEO 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
EEO policy and its implementation will be reviewed and explained.
The meetings will be conducted by the EEO Officer or other
knowledgeable company official.
b. All new supervisory or personnel office employees will be given
a thorough indoctrination by the EEO Officer, covering all major
aspects of the contractor's EEO 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 EEO Officer in the contractor's
procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will
be placed in areas readily accessible to employees, applicants for
employment and potential employees.
e. The contractor's EEO policy and the procedures to implement
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 minorities and women
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
minorities and women. To meet this requirement, the contractor will
identify sources of potential minority group employees and establish
with such identified sources procedures whereby minority and women
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, the contractor is expected
to observe the provisions of that agreement to the extent that the
system meets the contractor's compliance with EEO contract
provisions. Where implementation of such an agreement has the
effect of discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates Federal
nondiscrimination provisions.
c. The contractor will encourage its present employees to refer
minorities and women as applicants for employment. Information and
procedures with regard to referring such 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, sexual orientation, gender identity, 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 its
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
their avenues of appeal.
Page 11 of 28
August 2022
Local Assistance Procedures Manual
EXHIBIT "C"
Exhibit 12-G
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing
the skills of minorities and women who are applicants for
employment or current employees. Such efforts should be aimed at
developing full journey level status employees in the type of trade or
job classification involved.
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). In the event a special provision for training is provided
under this contract, this subparagraph will be superseded as
indicated in the special provision. The contracting agency may
reserve training positions for persons who receive welfare
assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and women
and will encourage eligible employees to apply for such training and
promotion.
7. Unions: If the contractor relies in whole or in part upon unions as
a source of employees, the contractor will use good faith efforts to
obtain the cooperation of such unions to increase opportunities for
minorities and women. 23 CFR 230.409. 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 good faith efforts to develop, in cooperation
with the unions, joint training programs aimed toward qualifying more
minorities and women for membership in the unions and increasing the
skills of minorities and women so that they may qualify for higher paying
employment.
b. The contractor will use good faith 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, sexual orientation, gender identity, 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 contracting agency 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 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, sexual orientation, gender identity, national origin,
age, or disability; making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide sufficient
referrals (even though it is obligated to provide exclusive referrals
under the terms of a collective bargaining agreement) does not
relieve the contractor from the requirements of this paragraph. 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 contracting agency.
Required Federal -Aid Contract Language
8. Reasonable Accommodation for Applicants / Employees with
Disabilities: The contractor must be familiar with the requirements for
and comply with the Americans with Disabilities Act and all rules and
regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause
an undue hardship.
9. Selection of subcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shall not discriminate on the
grounds of race, color, religion, sex, sexual orientation, gender identity,
national origin, age, or disability in the selection and retention of
subcontractors, including procurement of materials and leases of
equipment. The contractor shall take all necessary and reasonable steps
to ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors, suppliers, and
lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor
compliance with their EEO obligations.
10. Assurance Required:
a. The requirements of 49 CFR Part 26 and the State DOT's
FHWA-approved Disadvantaged Business Enterprise (DBE) program
are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR 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, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non -
responsible.
c. The Title VI and nondiscrimination provisions of U.S. DOT Order
1050.2A at Appendixes A and E are incorporated by reference. 49
CFR Part 21.
11. Records and Reports: The contractor shall keep such records
as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following
the date of the final payment to the contractor for all contract work
and shall be available at reasonable times and places for inspection
by authorized representatives of the contracting agency and the
FHWA.
a. The records kept by the contractor shall document the following
(1) The number and work hours 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; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women.
Page 12 of 28
August 2022
EXHIBIT "C"
Local Assistance Procedures Manual
b. The contractors and subcontractors will submit an annual
report to the contracting agency 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-1391. The staffing data should represent the project
work force on board in all or any part of the last payroll period
preceding the end of July. If on-the-job training is being required by
special provision, the contractor will be required to collect and report
training data. The employment data should reflect the work force on
board during all or any part of the last payroll period preceding the
end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction contracts
and to all related construction subcontracts of more than $10,000.
41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure that
facilities provided for employees are provided in such a manner that
segregation on the basis of race, color, religion, sex, sexual
orientation, gender identity, or national origin cannot result. The
contractor may neither require such segregated use by written or
oral policies nor tolerate such use by employee custom. The
contractor's obligation extends further to ensure that its employees
are not assigned to perform their services at any location under the
contractor's control where the facilities are segregated. The term
"facilities" includes waiting rooms, work areas, restaurants and other
eating areas, time clocks, restrooms, washrooms, locker rooms and
other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate or
single -user restrooms and necessary dressing or sleeping areas to
assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction projects
exceeding $2,000 and to all related subcontracts and lower -tier
subcontracts (regardless of subcontract size), in accordance with 29
CFR 5.5. The requirements apply to all projects located within the
right-of-way of a roadway that is functionally classified as Federal -
aid highway. 23 U.S.C. 113. This excludes roadways functionally
classified as local roads or rural minor collectors, which are exempt.
23 U.S.C. 101. Where applicable law requires that projects be
treated as a project on a Federal -aid highway, the provisions of this
subpart will apply regardless of the location of the project. Examples
include: Surface Transportation Block Grant Program projects
funded under 23 U.S.C. 133 [excluding recreational trails projects],
the Nationally Significant Freight and Highway Projects funded
under 23 U.S.C. 117, and National Highway Freight Program
projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor
regulations in 29 CFR 5.5 "Contract provisions and related matters"
with minor revisions to conform to the FHWA-1273 format and
FHWA program requirements.
Exhibit 12-G
Required Federal -Aid Contract Language
1. Minimum wages (29 CFR 5.5)
a. All laborers and mechanics 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
issued by the Secretary of Labor under the Copeland Act (29 CFR
part 3)), the full amount of wages and bona fide fringe benefits (or
cash equivalents thereof) due at time of payment computed at rates
not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to
exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide
fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf
of laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provisions of paragraph 1.d. of this
section; also, 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 mechanics 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 29 CFR 5.5(a)(4). Laborers or mechanics
performing work in more than one classification may be
compensated at the rate specified for each 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. The wage determination (including any
additional classification and wage rates conformed under paragraph
1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be
posted at all times by the contractor and its subcontractors at the site
of the work in a prominent and accessible place where it can be
easily seen by the workers.
b. (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(i) The work to be performed by the classification requested is
not performed by a classification in the wage determination;
and
(ii) The classification is utilized in the area by the construction
industry; and
(iii) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), 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 Administrator
of the Wage and Hour Division, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, 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.
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(3) In the event the contractor, the laborers or mechanics to
be employed in the 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 Administrator for determination.
The 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.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. 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 shall either pay the
benefit as stated in the wage determination or shall pay another
bona fide fringe benefit or an hourly cash equivalent thereof.
d. If the contractor does not make payments to a trustee or other
third person, the contractor may consider as 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.
2. Withholding (29 CFR 5.5)
The contracting agency shall upon its own action or upon written
request of an authorized representative of the Department of Labor,
withhold or cause to be withheld from the contractor 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, so 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 contracting agency 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.
Exhibit 12-G
Required Federal -Aid Contract Language
3. Payrolls and basic records (29 CFR 5.5)
a. Payrolls and basic records relating thereto shall be maintained
by the contractor during the course of the work and preserved for a
period of three years thereafter for all laborers and mechanics
working at the site of the work. Such records shall contain the name,
address, and social security number of each such worker, his or her
correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of 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. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) 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 shall
maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which
show the costs anticipated or the actual cost incurred in providing
such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration
of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
(1) The contractor shall submit weekly for each week in which
any contract work is performed a copy of all payrolls to the
contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included on
weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee
(e.g., the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division Web
site. The prime contractor is responsible for the submission of
copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and
current address of each covered worker, and shall provide them
upon request to the contracting agency for transmission to the
State DOT, the FHWA or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a
violation of this section for a prime contractor to require a
subcontractor to provide addresses and social security numbers
to the prime contractor for its own records, without weekly
submission to the contracting agency.
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under 29 CFR
5.5(a)(3)(ii), the appropriate information is being maintained
under 29 CFR 5.5(a)(3)(i), and that such information is
correct and complete;
(ii) That each 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 29 CFR part 3;
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Exhibit 12-G
(iii) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated
into the contract.
(3) 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 3.b.(2) of this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
c. The contractor or subcontractor shall make the records required
under paragraph 3.a. of this section available for inspection,
copying, or transcription by authorized representatives of the
contracting agency, the State DOT, the FHWA, or the Department of
Labor, and shall permit such representatives 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
FHWA may, after written notice to the contractor, the contracting
agency or the State DOT, take such action 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
grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees (29 CFR 5.5)
a. Apprentices (programs of the USDOL).
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 U.S. Department of Labor, Employment and
Training Administration, Office of Apprenticeship Training, Employer
and Labor Services, or with a State Apprenticeship Agency
recognized by the Office, or if a person is employed in his or 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 Office of Apprenticeship
Training, Employer and Labor Services or a State Apprenticeship
Agency (where appropriate) to be eligible for probationary
employment as an apprentice.
The allowable ratio of apprentices to journeymen 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 worker 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 on 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 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 journeyman's hourly rate) specified in the
contractor's or subcontractor's registered program shall be
observed.
Required Federal -Aid Contract Language
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 journeymen hourly rate specified i
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 Administrator determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in
accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and
Labor Services, or a State Apprenticeship Agency recognized by the
Office, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the work performed until
an acceptable program is approved.
b. Trainees (programs of the USDOL).
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 U.S. Department of Labor, Employment and
Training Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment
and Training Administration.
Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress, expressed as a
percentage of the journeyman 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 wage rate on the wage determination
which provides for less than full fringe benefits for apprentices. 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.
In the event the Employment and Training Administration withdraws
approval of a training program, the contractor 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. Equal employment opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity with
the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR part 30.
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EXHIBIT "C"
Exhibit 12-G
d. 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. 23 CFR 230.111(e)(2). 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. Compliance with Copeland Act requirements. The contractor
shall comply with the requirements of 29 CFR part 3, which are
incorporated by reference in this contract as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor shall insert Forrr
FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all
the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract
clauses in 29 CFR 5.5 may be grounds for termination of the
contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act
requirements. All rulings and interpretations of the Davis -Bacon
and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein
incorporated by reference in this contract as provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29 CFR
5.5, disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR parts 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 U.S. Department of Labor, or the employees
or their representatives.
10. Certification of eligibility (29 CFR 5.5)
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an interest
in the contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis -Bacon
Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of
section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
Required Federal -Aid Contract Language
V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any
Federal -aid construction contract in an amount in excess of $100,000
and subject to the overtime provisions of the Contract Work Hours
and Safety Standards Act. These clauses shall be inserted in addition
to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in
this paragraph, the terms laborers and mechanics include watchmen
and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or
she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at
a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek. 29 CFR 5.5.
2. Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in paragraph 1 of this
section, the contractor and any subcontractor responsible therefor
shall be liable for the 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 or
mechanic, including watchmen and guards, employed in violation of
the clause set forth in paragraph 1 of this section, in the sum currently
provided in 29 CFR 5.5(b)(2)' for each calendar day on which such
individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages
required by the clause set forth in paragraph 1 of this section. 29 CFR
5.5.
" $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may be
adjusted annually by the Department of Labor; pursuant to the
Federal Civil Penalties Inflation Adjustment Act of 1990).
3. Withholding for unpaid wages and liquidated damages. The
FHWA or the contacting agency shall upon its own action or upon
written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime
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 2 of this section. 29 CFR 5.5.
4. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraphs 1 through 4 of this
section and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs 1 through 4 of
this section. 29 CFR 5.5.
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VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction contracts
on the National Highway System pursuant to 23 CFR 635.116.
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 contracting
agency. 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 635.116).
a. The tern "perform work with its own organization" in paragraph
1 of Section VI refers to workers employed or leased 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 or lower tier subcontractor, agents of
the prime contractor, or any other assignees. The term may include
payments for the costs of hiring leased employees from an
employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be included in
this term if the prime contractor meets all of the following conditions:
(based on longstanding interpretation)
(1) the prime contractor maintains control over the supervision of
the day-to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of the
work of the leased employees;
(3) the prime contractor retains all power to accept or exclude
individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the
payment of predetermined minimum wages, the submission of
payrolls, statements of compliance and all other Federal
regulatory requirements.
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 or propose on the contract as a whole and in
general are to be limited to minor components of the overall
contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon which
the requirements set forth in paragraph (1) of Section VI is
computed includes the cost of material and manufactured products
which are to be purchased or produced by the contractor under the
contract provisions.
3. Pursuant to 23 CFR 635.116(c), 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 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 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 contracting
agency has assured that each subcontract is evidenced in writing and
that it contains all pertinent provisions and requirements of the prime
contract. (based on long-standing interpretation of 23 CFR 635.116).
Exhibit 12-G
Required Federal -Aid Contract Language
5. The 30-percent self -performance requirement of paragraph (1) is not
applicable to design -build contracts; however, contracting agencies
may establish their own self -performance requirements. 23 CFR
635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal -aid construction contracts
and to all related subcontracts.
1. 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 Part 635). The contractor shall provide all
safeguards, safety devices and protective equipment and take any
other needed actions as it determines, or as the 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. 23 CFR 635.108.
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 Part 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. 3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, 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. 3704).
Vill. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
This provision is applicable to all Federal -aid construction contracts
and to all related subcontracts.
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 similar acts, Form FHWA-1022
shall be posted on each Federal -aid highway project (23 CFR Part
635) in one or more places where it is readily available to all persons
concerned with the project:
18 U.S.C. 1020 reads as follows:
'Whoever, being an officer, agent, or employee of the United States,
or of 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
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Whoever knowingly makes any false statement, false
representation, 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
representation as to material fact in any statement, certificate, or
report submitted pursuant to provisions of the Federal -aid Roads
Act approved July 11, 1916, (39 Stat. 355), as amended and
supplemented;
Shall be fined under this title or imprisoned not more than 5 years
or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR
200.88; EO 11738)
This provision is applicable to all Federal -aid construction
contracts in excess of $150,000 and to all related subcontracts. 48
CFR 2.101; 2 CFR 200.326.
By submission of this bid/proposal or the execution of this contract
or subcontract, as appropriate, the bidder, proposer, Federal -aid
construction contractor, subcontractor, supplier, or vendor agrees
to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act, as amended (33 U.S.C.
1251-1387). Violations must be reported to the Federal Highway
Administration and the Regional Office of the Environmental
Protection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the
requirements of this Section in every subcontract, and further
agrees to take such action as the contracting agency may direct
as a means of enforcing such requirements. 2 CFR 200.326.
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal -aid construction
contracts, design -build contracts, subcontracts, lower -tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more — as defined
in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220.
1. Instructions for Certification — First Tier Participants:
a. By signing and submitting this proposal, the prospective first
tier 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 first tier 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
first tier participant to furnish a certification or an explanation shall
disqualify such a person from participation in this transaction. 2
CFR 180.320.
Exhibit 12-G
Required Federal -Aid Contract Language
c. The certification in this clause is a material representation of fact
upon which reliance was placed when the contracting agency
determined to enter into this transaction. If it is later determined that the
prospective participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the
contracting agency may terminate this transaction for cause of default. 2
CFR 180.325.
d. The prospective first tier participant shall provide immediate written
notice to the contracting agency to whom this proposal is submitted if
any time the prospective first tier participant learns that its certification
was erroneous when submitted or has become erroneous by reason of
changed circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "participant," "person," "principal," and "voluntarily excluded,"
as used in this clause, are defined in 2 CFR Parts 180, Subpart I,
180.900-180.1020, and 1200. "First Tier Covered Transactions' refers to
any covered transaction between a recipient or subrecipient of Federal
funds and a participant (such as the prime or general contract). "Lower
Tier Covered Transactions" refers to any covered transaction under a
First Tier Covered Transaction (such as subcontracts). "First Tier
Participant" refers to the participant who has entered into a covered
transaction with a recipient or subrecipient of Federal funds (such as the
prime or general contractor). "Lower Tier Participant" refers any
participant who has entered into a covered transaction with a First Tier
Participant or other Lower Tier Participants (such as subcontractors and
suppliers).
f. The prospective first 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 entering into this transaction. 2 CFR
180.330.
g. The prospective first tier 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 Transactions," provided by the department or contracting
agency, entering into this covered transaction, without modification, in all
lower tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold. 2 CFR 180.220
and 180.300.
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. 2 CFR
180.300; 180.320, and 180.325. A participant is responsible for ensuring
that its principals are not suspended, debarred, or otherwise ineligible to
participate in covered transactions. 2 CFR 180.335. To verify the
eligibility of its principals, as well as the eligibility of any lower tier
prospective participants, each participant may, but is not required to,
check the System for Award Management website
(htt;:,s://www.sam.c:ovi). 2 CFR 180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the
establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information of
the prospective participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings.
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Local Assistance Procedures Manual
EXHIBIT "C"
Exhibit 12-G
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. 2 CFR 180.325.
2. Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion — First Tier Participants:
a. The prospective first tier participant certifies to the best of its
knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal department
or agency, 2 CFR 180.335;.
(2) Have not within a three-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,
2 CFR 180.800;
(3) 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
(a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default. 2 CFR
180.335(d).
(5) Are not a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted, or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability (USDOT Order
4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of
the statements in this certification, such prospective participant
should attach an explanation to this proposal. 2 CFR 180.335 and
180.340.
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier
transactions requiring prior FHWA approval or estimated to cost
$25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and
1200.220.
a. By signing and submitting this proposal, the prospective lower tier
participant is providing the certification set out below.
Required Federal -Aid Contract Language
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. 2
CFR 180.365.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180,
Subpart I, 180.900 — 180.1020, and 1200. You may contact the
person to which this proposal is submitted for assistance in obtaining
a copy of those regulations. "First Tier Covered Transactions" refers
to any covered transaction between a recipient or subrecipient of
Federal funds and a participant (such as the prime or general
contract). "Lower Tier Covered Transactions" refers to any covered
transaction under a First Tier Covered Transaction (such as
subcontracts). "First Tier Participant" refers to the participant who has
entered into a covered transaction with a recipient or subrecipient of
Federal funds (such as the prime or general contractor). "Lower Tier
Participant" refers any participant who has entered into a covered
transaction with a First Tier Participant or other Lower Tier
Participants (such as subcontractors and suppliers).
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. 2 CFR 1200.220 and 1200.332.
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 exceeding the
$25,000 threshold. 2 CFR 180.220 and 1200.220.
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 is responsible for ensuring
that its principals are not suspended, debarred, or otherwise
ineligible to participate in covered transactions. To verify the eligibility
of its principals, as well as the eligibility of any lower tier prospective
participants, each participant may, but is not required to, check the
System for Award Management website (httr)s://www.sam.00v/),
which is compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
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.
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EXHIBIT "C"
Local Assistance Procedures Manual
i. Except for transactions authorized under paragraph a 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. 2 CFR 180.325.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion --Lower Tier Participants:
1. The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals:
(a) is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency, 2
CFR 180.355;
(b) is a corporation that has been convicted of a felony violation
under any Federal law within the two-year period preceding this
proposal (USDOT Order 4200.6 implementing appropriations act
requirements); and
(c) is a corporation with any unpaid Federal tax liability that has
been assessed, for which all judicial and administrative remedies
have been exhausted, or have lapsed, and that is not being paid
in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability. (USDOT Order 4200.6
implementing appropriations act requirements)
2. Where the prospective lower tier participant is unable to certify to
any of the statements in this certification, such prospective
participant should attach an explanation to this proposal.
A. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provision is applicable to all Federal -aid construction contracts
and to all related subcontracts which exceed $100,000. 49 CFR Part
20, App. A.
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, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
Exhibit 12-G
Required Federal -Aid Contract Language
2. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31 U.S.C. 1352. Any person
who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for
each such failure.
3. The prospective participant also agrees by submitting its bid or
proposal that the participant 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.
XII. USE OF UNITED STATES -FLAG VESSELS:
This provision is applicable to all Federal -aid construction contracts,
design -build contracts, subcontracts, lower -tier subcontracts,
purchase orders, lease agreements, or any other covered
transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for
a specific Federal -aid highway project 46 CFR 381.7. It is not
applicable to goods or materials that come into inventories
independent of an FHWA funded -contract.
When oceanic shipments (or shipments across the Great Lakes) are
necessary for materials or equipment acquired for a specific Federal -
aid construction project, the bidder, proposer, contractor,
subcontractor, or vendor agrees:
1. To utilize privately owned United States -flag commercial vessels
to ship at least 50 percent of the gross tonnage (computed
separately for dry bulk carriers, dry cargo liners, and tankers)
involved, whenever shipping any equipment, material, or
commodities pursuant to this contract, to the extent such vessels are
available at fair and reasonable rates for United States -flag
commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for
shipments originating within the United States or within 30 working
days following the date of loading for shipments originating outside
the United States, a legible copy of a rated, 'on -board' commercial
ocean bill -of -lading in English for each shipment of cargo described
in paragraph (b)(1) of this section to both the Contracting Officer
(through the prime contractor in the case of subcontractor bills -of -
lading) and to the Office of Cargo and Commercial Sealift (MAR-
620), Maritime Administration, Washington, DC 20590. (MARAD
requires copies of the ocean carrier's (master) bills of lading, certified
onboard, dated, with rates and charges. These bills of lading may
contain business sensitive information and therefore may be
submitted directly to MARAD by the Ocean Transportation
Intermediary on behalf of the contractor). 46 CFR 381.7.
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EXHIBIT "C"
Local Assistance Procedures Manual
12. FEMALE AND MINORITY GOALS
Exhibit 12-G
Required Federal -Aid Contract Language
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal -Aid Construction
Contracts," the following are for female and minority utilization goals for Federal -aid construction contracts and
subcontracts that exceed $10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization (45 Fed Reg 65984 (10/3/1980)) are as follows:
MINORITY UTILIZATION GOALS
Economic
Goal
Area
(Percent)
Redding CA:
174 Non-SMSA (Standard Metropolitan Statistical Area) Counties:
6.8
CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama
Eureka, CA
175
Non-SMSA Counties:
6.6
CA Del Norte; CA Humboldt; CA Trinity
San Francisco -Oakland -San Jose, CA:
SMSA Counties:
7120 Salinas -Seaside -Monterey, CA
28.9
CA Monterey
7360 San Francisco -Oakland
25.6
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo
7400 San Jose, CA
19.6
176
CA Santa Clara, CA
7485 Santa Cruz, CA
14.9
CA Santa Cruz
7500 Santa Rosa
9.1
CA Sonoma
8720 Vallejo -Fairfield -Napa, CA
17.1
CA Napa; CA Solano
Non-SMSA Counties:
23.2
CA Lake; CA Mendocino; CA San Benito
Sacramento, CA:
SMSA Counties: .
177
6920 Sacramento, CA
16.1
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties
14.3
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA
Yuba
Stockton -Modesto, CA:
SMSA Counties:
5170 Modesto, CA
12.3
178
CA Stanislaus
8120 Stockton, CA
24.3
CA San Joaquin
Non-SMSA Counties
19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne
Fresno -Bakersfield, CA
SMSA Counties:
179
0680 Bakersfield, CA
19.1
CA Kern
2840 Fresno, CA
26.1
Page 21 of 28
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EXHIBIT "C"
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
CA Fresno
Non-SMSA Counties:
23.6
CA Kings; CA Madera; CA Tulare
Los Angeles, CA:
SMSA Counties:
0360 Anaheim -Santa Ana -Garden Grove, CA
11.9
CA Orange
28.3
4480 Los Angeles -Long Beach, CA
CA Los Angeles
21.5
180
6000 Oxnard -Simi Valley -Ventura, CA
CA Ventura
19.0
6780 Riverside -San Bernardino -Ontario, CA
CA Riverside; CA San Bernardino
19.7
7480 Santa Barbara -Santa Maria -Lompoc, CA
CA Santa Barbara
24.6
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:
SMSA Counties
181
7320 San Diego, CA
16.9
CA San Diego
Non-SMSA Counties
18.2
CA Imperial
For the last full week of July during which work is performed under the contract, the prime contractor and each
non material -supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PRA391
(Appendix C to 23 CFR 230). Submit the forms by August 15.
13. TITLE VI ASSURANCES
The U.S. Department of Transportation Order No.1050.2A requires all federal -aid Department of Transportation
contracts between an agency and a contractor to contain Appendix A and E. Appendix B only requires inclusion
if the contract impacts deeds effecting or recording the transfer of real property, structures, or improvements
thereon, or granting interest therein. Appendices C and D only require inclusion if the contract impacts deeds,
licenses, leases, permits, or similar instruments entered into by the recipient.
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors
in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation, Title 49,
Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to as the REGULATIONS), which are herein incorporated by reference and made a part of
this agreement.
b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion,
age, or disability in the selection and retention of sub -applicants, including procurements of
materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly
in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-aareements. Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be
performed under a Sub- agreement, including procurements of materials or leases of equipment,
Page 22 of 28
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EXHIBIT "C"
Local Assistance Procedures Manual
Exhibit 12-G
Required Federal -Aid Contract Language
each potential sub -applicant or supplier shall be notified by CONTRACTOR of the
CONTRACTOR'S obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONTRACTOR shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the recipient or
FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any
information required of CONTRACTOR is in the exclusive possession of another who fails or
refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as
appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the
nondiscrimination provisions of this agreement, the recipient shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable
period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part.
f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through
(6) in every sub -agreement, including procurements of materials and leases of equipment, unless
exempt by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub -agreement or procurement as the
recipient or FHWA may direct as a means of enforcing such provisions including sanctions for
noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is
threatened with, litigation with a sub -applicant or supplier as a result of such direction, CONTRACTOR
may request the recipient enter into such litigation to protect the interests of the State, and, in addition,
CONTRACTOR may request the United States to enter into such litigation to protect the interests of the
United States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property,
structures, or improvements thereon, or granting interest therein from the United States pursuant to the
provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition
that the recipient will accept title to the lands and maintain the project constructed thereon in accordance
with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and
procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in
compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted
programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI
of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release,
quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of
Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever,
subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows,
which will remain in effect for the period during which the real property or structures are used for a
purpose for which Federal financial assistance is extended or for another purpose involving the provision
of similar services or benefits and will be binding on the recipient, its successors and assigns. The
recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant
and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person
Page 23 of 28
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EXHIBIT "C"
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
will on the grounds of race, color, or national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part
on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and
interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S. Department of
Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts
may be amended[, and (3) that in the event of breach of any of the above -mentioned non-discrimination
conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and
that above described land and facilities will thereon revert to and vest in and become the absolute
property of the U.S. Department of Transportation and its assigns as such interest existed prior to this
instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to make clear the purpose of Title VI.)
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered
into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property
described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of
Transportation activity, facility, or program is extended or for another purpose involving the
provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will
maintain and operate such facilities and services in compliance with all requirements imposed by
the Acts and Regulations (as may be amended) such that no person on the grounds of race, color,
or national origin, will be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-
discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and
to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease,
license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the
recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described
lands and facilities will there upon revert to and vest in and become the absolute property of the recipient
and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
Page 24 of 28
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EXHIBIT "C"
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements
entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1)
no person on the ground of race, color, or national origin, will be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land, and the furnishings of services thereon,
no person on the ground of race, color, or national origin, will be excluded from participation in, denied the
benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee,
etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts
and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above
Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as
appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the
same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the
recipient will there upon revert to and vest in and become the absolute property of the recipient and its
assigns.
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities, including, but not limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination
on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination
on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section
504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to
include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors,
whether such programs or activities are Federally funded or not);
Page 25 of 28
August 2022
EXHIBIT "C"
Local Assistance Procedures Manual
Exhibit 12-G
Required Federal -Aid Contract Language
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131—12189) as implemented by
Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low -Income Populations, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
14. USE OF UNITED STATES -FLAG VESSELS (CARGO PREFERENCE ACT)
The CONTRACTOR agrees:
1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved,
whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent
such vessels are available at fair and reasonable rates for United States -flag commercial vessels.
2. To Furnish within 20 days following the date of loading for shipments originating within the United
State or within 30 working days following the date of loading for shipments originating outside the
United States, a legible copy of a rated "on -board" commercial ocean bill -of -lading in English for each
shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through
the prime contractor in the case of subcontractor bills -of -lading) and to the Division of National Cargo,
Office of Market Development, Maritime Administration, Washington, DC 20590.
3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this
contract.
Federal Trainee Program Special Provisions
(to be used when applicable)
15. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees orapprentices is
This section applies if a number of trainees or apprentices is specified in the special provisions.
As part of the prime contractor's equal opportunity affirmative action program, provide on-the-job training to
develop full journeymen in the types of trades or job classifications involved.
The prime contractor has primary responsibility for meeting this training requirement.
If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are
to be trained by the subcontractor. Include these training requirements in each subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1 st year of
apprenticeship or training.
Distribute the number of apprentices or trainees among the work classifications on the basis of the prime
contractor's needs and the availability of journeymen in the various classifications within a reasonable
recruitment area.
Before starting work, the prime contractor shall submit to the City/County of
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
Page 26 of 28
August 2022
EXHIBIT "C"
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
3. Training starting date for each classification
The prime contractor shall obtain the City/County of approval for this submitted
information before the prime contractor starts work. The City/County of credits the
prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled
or becomes enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women toward journeyman status.
The prime contractor shall 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 and show
that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any
applicant for training.
The prime contractor shall 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
The prime contractor shall ask the employee if the employee has successfully completed a training course
leading to journeyman status or has been employed as a journeyman. The prime contractor's records must show
the employee's answers to the questions.
In the training program, the prime contractor shall establish the minimum length and training type for each
classification. The City/County of and FHWA approves a program if one of the following is met:
1. It is calculated to:
• Meet the your equal employment opportunity responsibilities
• Qualify the average apprentice or trainee for journeyman status in the classification involved by
the end of the training period
2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is
administered in a way consistent with the equal employment responsibilities of Federal -aid highway
construction contracts
The prime contractor shall obtain the State's approval for their training program before they start work involving
the classification covered by the program.
The prime contractor shall provide training in the construction crafts, not in clerk -typist or secretarial -type
positions. Training is allowed in lower level management positions such as office engineers, estimators, and
timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer
classification if significant and meaningful training is provided and approved by the division office. Off -site
training is allowed if the training is an integral part of an approved training program and does not make up a
significant part of the overall training.
The City/County of reimburses the prime contractor 80 cents per hour of training
given an employee on thiscontract 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
prime contractor does at least one of the following:
a. Contribute to the cost of the training
b. Provide the instruction to the apprentice or trainee
c. Pay the apprentice's or trainee's wages during the off -site training period
3. If the prime contractor complies with this section.
Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or
trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work
classification or until the apprentice or trainee has completed the training program
Page 27 of 28
August 2022
EXHIBIT "C"
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
The prime contractor shall furnish the apprentice or trainee with a copy of the program that the prime contractor
will comply with in providing the training.
16. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND
SERVICES
In response to significant national security concerns, the agency shall check the prohibited vendor list before
making any telecommunications and video surveillance purchase because recipients and subrecipients of
federal funds are prohibited from obligating or expending loan or grant funds to:
• Procure or obtain;
• Extend or renew a contract to procure or obtain; or
• Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or
systems that uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system.
The prohibited vendors (and their subsidiaries or affiliates) are:
• Huawei Technologies Company;
• ZTE Corporation;
• Hytera Communications Corporation;
• Hangzhou Hikvision Digital Technology Company;
• Dahua Technology Company; and
• Subsidiaries or affiliates of the above -mentioned companies.
In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize
available funding and technical support to assist affected businesses, institutions and organizations as is
reasonably necessary for those affected entities to transition from covered communications equipment and
services, to procure replacement equipment and services, and to ensure that communications service to users
and customers is sustained.
The contractors should furnish telecommunications and video surveillance equipment with a certificate of
compliance. The certificate must state telecommunications and video surveillance equipment was not procured
or obtained from manufacturers identified in the above list.
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CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
EXHIBIT "D"
FEDERAL -AID CONTRACT PROVISIONS
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The CONTRACTOR, subrecipient or subcontractor shall take necessary and reasonable steps to ensure
that DBEs have opportunity to participate in the contract (49CFR26). To ensure equal participation of
DBEs provided in 49CFR26.5, the CITY shows a Contract goal for DBEs. The CONTRACTOR shall
make work available to DBEs and select work parts consistent with available DBE subcontractors and
suppliers.
The CONTRACTOR shall meet the DBE goal shown in the Instruction to Bidders or demonstrate that
you made adequate good faith efforts to meet this goal.
It is the CONTRACTOR's responsibility to verify that at date of bid opening the DBE firm is certified
as a DBE by using the California Unified Certification Program (CUCP) database and possesses the
most specific available North American Industry Classification System (NAICS) codes and work code
applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor
is responsible to document the verification record by printing out the California Unified Certification
Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found at:
https:Hdot.ca.gov/programs/civil-rights/dbe-search.
All DBE participation will count toward the California Department of Transportation's federally
mandated statewide overall DBE goal.
Credit for materials or supplies the CONTRACTOR purchases from DBEs counts towards the goal in
the following manner:
100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
60 percent counts if the materials or supplies are obtained from a DBE regular dealer.
Only fees, commissions, and charges for assistance in the procurement and delivery of
materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular
dealer. 49CFR26.55 defines "manufacturer" and "regular dealer."
The CONTRACTOR receives credit towards the goal if they employ a DBE trucking company that
performs a commercially useful function as defined in 49CFR26.55(d)(1) as follows:
• The DBE must be responsible for the management and supervision of the entire trucking
operation for which it is responsible on a particular contract, and there cannot be a contrived
arrangement for the purpose of meeting DBE goals.
• The DBE must itself own and operate at least one fully licensed, insured, and operational
truck used on the Contract.
• The DBE receives credit for the total value of the transportation services it provides on the
Contract using trucks it owns, insures, and operates using drivers it employs.
• The DBE may lease trucks from another DBE firm, including an owner -operator who is
certified as a DBE. The DBE who leases trucks from another DBE receives credit for the
total value of the transportation services the lessee DBE provides on the Contract.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
• The DBE may lease trucks without drivers from a non -DBE truck leasing company. If the
DBE leases trucks from a non -DBE truck leasing company and uses its own employees as
drivers, it is entitled to credit for the total value of these hauling services.
• A lease must indicate that the DBE has exclusive use of and control over the truck. This does
not preclude the leased truck from working for others during the term of the lease with the
consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased
truck. Leased trucks must display the name and identification number of the DBE.
Nondiscrimination Statement
The CONTRACTOR, subrecipient or subcontractor will never exclude any person from participation in,
deny any person the benefits of, or otherwise discriminate against anyone in connection with the award
and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin.
In administering the CITY components of the DBE Program Plan, the CONTRACTOR, subrecipient or
subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of
administration that have the effect of defeating or substantially impairing accomplishment of the
objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national
origin.
Contract Assurance
Under 49 CFR 26.13(b):
The CONTRACTOR, subrecipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable
requirements of 49 CFR 26 in the award and administration of federal -aid 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, which may
include, but is not limited to:
• Withholding monthly progress payments;
• Assessing sanctions;
• Liquidated damages; and/or
• Disqualifying the CONTRACTOR from future bidding as non -responsible.
Prompt Progress Payment
The CONTRACTOR or subcontractor shall pay to any subcontractor, not later than seven days after
receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed
the contractor on account of the work performed by the subcontractors, to the extent of each
subcontractor's interest therein. In the event that there is a good faith dispute over all or any portion of the
amount due on a progress payment from the CONTRACTOR or subcontractor to a subcontractor, the
CONTRACTOR or subcontractor may withhold no more than 150 percent of the disputed amount. Any
violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
:PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that
payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his
or her attorney's fees and costs. The sanctions authorized under this requirement shall be separate from,
and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both
DBE and non -DBE subcontractors.
Prompt Payment of Withheld Funds to Subcontractors
The CITY shall hold retainage from the CONTRACTOR and shall make prompt and regular incremental
acceptances of portions, as determined by the CITY of the Contract work and pay retainage to the prime
CONTRACTOR based on these acceptances. The CONTRACTOR or subcontractor shall return all
monies withheld in retention from all subcontractors within seven (7) days after receiving payment for
work satisfactorily completed and accepted including incremental acceptances of portions of the Contract
work by the CITY. Any delay or postponement of payment may take place only for good cause and with
the CITY's prior written approval. Any violation of these provisions shall subject the violating
CONTRACTOR or subcontractor to the penalties, sanctions, and other remedies specified in Section
7108.5 of the California Business and Professions Code and Section 10262 of the California Public
Contract Code. 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; deficient subcontractor performance
and/or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors.
Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds
to Subcontractors shall subject the violating CONTRACTOR or subcontractor to the penalties, sanctions
and other remedies specified therein. These requirements shall not be construed to limit or impair any
contractual, administrative, or judicial remedies otherwise available to the CONTRACTOR or
subcontractor in the event of a dispute involving late payment or nonpayment by CONTRACTOR,
deficient subcontract performance, or noncompliance by a subcontractor.
Termination and Substitution of DBE Subcontractors
The CONTRACTOR shall utilize the specific DBEs listed to perform the work and supply the materials
for which each is listed unless the CONTRACTOR obtains the CITY's written consent. The
CONTRACTOR shall not terminate or substitute a listed DBE for convenience and perform the work with
their own forces or obtain materials from other sources without prior written authorization from the CITY.
Unless the CITY's prior written consent is provided, the CONTRACTOR shall not be entitled to any
payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G
Construction Contract DBE Commitment form, included in the Bid.
The CITY authorizes a request to use other forces or sources of materials if the bidder shows any of the
following justifications:
1.Listed DBE fails or refuses to execute a written contract based on plans and specifications for
the project.
2.The CITY stipulated that a bond is a condition of executing the subcontract and the listed DBE
fails to meet your bond requirements.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
3.Work requires a contractor's license and listed DBE does not have a valid license under
Contractors License Law.
4.Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or
refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is
a result of bad faith or discrimination).
5.Listed DBE's work is unsatisfactory and not in compliance with the Contract.
6.Listed DBE is ineligible to work on the Project because of suspension or debarment.
7.Listed DBE becomes bankrupt or insolvent.
8.Listed DBE voluntarily withdraws with written notice from the Contract
9.Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work
on the Contract.
11. The CITY determines other documented good cause.
The CONTRACTOR shall notify the original DBE of your intent to use other forces or material sources
and provide the reasons, allowing the DBE 5 days to respond to the notice and advise the CONTRACTOR
and the CITY of the reasons why the use of other forces or sources of materials should not occur.
1. One or more of the reasons listed in the preceding paragraph.
2.Notices from the CONTRACTOR to the DBE regarding the request.
3.Notices from the DBEs to the CONTRACTOR regarding the request.
If the CITY authorizes the termination or substitution of a listed DBE, the CONTRACTOR must make
good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must (1)
perform at least the same amount of work as the original DBE under the Contract to the extent needed to
meet or exceed the DBE goal, and (2) be certified as a DBE with the most specific available NAICS codes
and work codes applicable to the type of work the DBE will perform on the Contract at the time of the
CONTRACTOR's request for substitution. The CONTRACTOR shall submit their documentation of
good faith efforts within 7 days of their request for authorization of the substitution. The CITY may
authorize a 7-day extension of this submittal period at the CONTRACTOR's request. More guidance can
be found at 49 CFR 26 app A regarding evaluation of good faith efforts to meet the DBE goal.
Commitment and Utilization
Note: In the CITY's reports of DBE participation to Caltrans, the CITY must display both commitments
and attainments.
The CITY's DBE program must include a monitoring and enforcement mechanism to ensure that DBE
commitments reconcile to DBE utilization.
The bidder shall submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid
book. This exhibit is the bidder's DBE commitment form. If the form is not submitted with the bid, the
bidder must remove the form from the Bid book before submitting their bid.
The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in
the Contract Documents regardless of whether DBE participation is reported. The bidder shall provide
written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
quote serves as written confirmation. If a DBE is participating as a joint venture partner, the bidder shall
submit a copy of the joint venture agreement.
If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and
submitted by all bidders to the CITY within five (5) days of bid opening. If the bidder does not submit the
DBE Commitment form within the specified time, the CITY will find the bidder's bid nonresponsive.
The CONTRACTOR shall use each DBE subcontractor as listed on Exhibit 12-B Bidder's List of
Subcontractors (DBE and Non -DBE), and Exhibit 15-G Construction Contract DBE Commitment form
unless they receive authorization for a substitution.
The CITY shall request the CONTRACTOR to:
1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each 1 st-tier subcontractor
• Name and business address of each DBE subcontractor, DBE vendor, and DBE
trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F
Monthly Disadvantaged Business Enterprise Payment)
If the CONTRACTOR is a DBE contractor, they shall include the date of work performed by their own
forces and the corresponding value of the work.
Before the 15th of each month, the CONTRACTOR shall submit a Monthly DBE Trucking Verification
(LAPM Exhibit 16-Z 1) form.
If a DBE is decertified before completing its work, the DBE must notify the CONTRACTOR in writing
of the decertification date. If a business becomes a certified DBE before completing its work, the business
must notify the prime contractor in writing of the certification date. The CONTRACTOR shall submit the
notifications. Upon work completion, the CONTRACTOR shall complete a Disadvantaged Business
Enterprises (DBE) Certification Status Change, Exhibit 17-0, form and submit the form within 30 days
of contract acceptance.
DBE Running Tally of Attainments
After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the
loth of the following month, the CONTRACTOR shall complete and email the Exhibit 9- F:
Disadvantaged Business Enterprise Running Tally of Payments to business.support.unit@dot.ca.gov with
a copy to the CITY.
2. BID OPENING
The CITY publicly opens and reads bids at the time and place shown in the Notice Inviting Bids.
3. BID RIGGING
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
]PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
See the Special Instructions to Bidders for Federally Funded Projects in the Instruction to Bidders.
4. CONTRACT AWARD
If the CITY awards the Construction Contract, the award is made to the lowest responsible and responsive
bidder.
5. CONTRACTOR LICENSE
The CONTRACTOR must be properly licensed from Construction Contract award through Construction
Contract acceptance (Public Contract Code § 10164).
6. CHANGED CONDITIONS
Differing Site Conditions
Section 2-9 of the Standard Specifications includes provisions for differing site conditions.
Suspensions of Work Ordered by the Engineer
If the performance of all or any portion of the Work is suspended or delayed by the CITY in writing for
an unreasonable period of time (not originally anticipated, customary, or inherent to the construction
industry) and the CONTRACTOR believes that additional compensation and/or contract time is due as a
result of such suspension or delay, the CONTRACTOR shall submit to the CITY in writing a request for
adjustment within seven (7) calendar days of receipt of the notice to resume work. The request shall set
forth the reasons and support for such adjustment.
Upon receipt, the CITY will evaluate the CONTRACTOR's request. If the CITY agrees that the cost
and/or time required for the performance of the Contract has increased as a result of such suspension and
the suspension was caused by conditions beyond the control of and not the fault of the CONTRACTOR,
its suppliers, or subcontractors at any approved tier, and not caused by weather, the CITY will make an
adjustment (excluding profit) and modify the Contract in writing accordingly. The CONTRACTOR will
be notified of the CITY's determination whether or not an adjustment of the Contract is warranted.
No Contract adjustment will be allowed unless the CONTRACTOR has submitted the request for
adjustment within the time prescribed.
Significant Changes in the Character of Work
The CITY reserves the right to make, in writing, at any time during the Work, such changes in quantities
and such alterations in the Work as are necessary to satisfactorily complete the project. Such changes in
quantities and alterations shall not invalidate the Contract nor release the surety, and the CONTRACTOR
agrees to perform the Work as altered.
If the alterations or changes in quantities significantly change the character of the Work under the
Contract, whether such alterations or changes are in themselves significant changes to the character of the
Work or by affecting other work cause such other work to become significantly different in character, an
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
]PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
adjustment, excluding anticipated profit, will be made to the Contract. The basis for the adjustment shall
be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment
will be made either for or against the CONTRACTOR in such amount as the CITY may determine to be
fair and equitable.
If the alterations or changes in quantities do not significantly change the character of the work to be
performed under the Contract, the altered work will be paid for as provided elsewhere in the Contract.
The term "significant change" shall be construed to apply only to the following circumstances:
When the character of the Work as altered differs materially in kind or nature from that
involved or included in the original proposed construction; or
When a major item of Work, as defined elsewhere in the Contract, is increased in excess
of 125 percent or decreased below 75 percent of the original Contract quantity. Any
allowance for an increase in quantity shall apply only to that portion in excess of 125
percent of original Contract item quantity, or in case of a decrease below 75 percent, to
the actual amount of Work performed.
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Bid Proposal includes provisions for the beginning of Work, time of completion, and liquidated
damages.
8. BUY AMERICA
Furnish steel and iron materials to be incorporated into the Work with certificates of compliance
and certified mill test reports. Mill test reports must indicate where the steel and iron were melted
and manufactured. Steel and iron materials must be produced in the U.S. except:
• Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic
production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];
• If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total
bid or $2,500, materials produced outside the U.S. may be used.
Production includes:
• Processing steel and iron materials, including smelting or other processes that alter the physical
form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical
composition;
• Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances
the value of steel and iron materials.
9. QUALITY ASSURANCE
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
The CITY uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the
Contract. You may examine the records and reports of tests the CITY performs if they are available at the
job site. Schedule Work to allow time for QAP in accordance with the Contract Documents.
10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
The CITY shall make any progress payment within 30 days after receipt of an undisputed and properly
submitted payment request from the CONTRACTOR. If the CITY fails to pay promptly, the CITY shall
pay interest to the CONTRACTOR, which accrues at the rate of 10 percent per annum on the principal
amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the CITY shall
act in accordance with both of the following:
• Each payment request shall be reviewed by the CITY as soon as practicable after receipt for the
purpose of determining that it is a proper payment request.
• Any payment request determined not to be a proper payment request suitable for payment shall be
returned to the CONTRACTOR as soon as practicable, but not later than seven (7) days, after
receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting
forth in writing the reasons why the payment request is not proper.
11. FORM FWHA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL -AID
CONTRACTS
See Exhibit `B" of the Construction Contract.
12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of 'Required Contract Provisions Federal -Aid
Construction Contracts," the following are for female and minority utilization goals for Federal -aid
construction contracts and subcontracts that exceed $10,000:
• The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:
MINORITY UTILIZATION GOALS
Economic (Percent)
Area
Redding CA:
174 Non-SMSA (Standard Metropolitan Statistical Area) Counties: 6.8
CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siski ou; CA Tehama
Eureka, CA
175 Non-SMSA Counties: 6.6
CA Del Norte; CA Humboldt; CA Trinity
San Francisco -Oakland -San Jose, CA:
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
SMSA Counties:
7120 Salinas -Seaside -Monterey, CA
28.9
CA Monterey
7360 San Francisco -Oakland
25.6
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo
7400 San Jose, CA
CA Santa Clara, CA
19.6
176
7485 Santa Cruz, CA
CA Santa Cruz
14.9
7500 Santa Rosa
CA Sonoma
9.1
8720 Vallejo -Fairfield -Napa, CA
CA Napa; CA Solano
17.1
Non-SMSA Counties:
CA Lake; CA Mendocino; CA San Benito
Sacramento, CA: f
23.2
SMSA Counties:
6920 Sacramento, CA
16.1
177
CA Placer; CA Sacramento;
CA Yolo Non-SMSA
14.3
Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA
Sutter; CA Yuba
Stockton -Modesto, CA:
SMSA Counties:
5170 Modesto, CA
12.3
CA Stanislaus
178
8120 Stockton, CA
'4.3
CA San Joaquin
Non-SMSA Counties
19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA
Tuolumne
Fresno -Bak- ersfield, CA
SMSA Counties:
179
0680 Bakersfield, CA
19.1
CA Kern
2.840 Fresno, CA
26.1
CA Fresno
Non-SMSA Counties: 23.6
CA Kings; CA Madera; CA Tulare
Los Angeles, CA:
SMSA Counties:
0360 Anaheim -Santa Ana -Garden Grove, CA 11.9
CA Orange
4480 Los Angeles -Long Beach, CA 28.3
CA Los Angeles
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
180
6000 Oxnard -Simi Valley -Ventura, CA
CA Ventura
6780 Riverside -San Bernardino -Ontario, CA
CA Riverside; CA San Bernardino
7480 Santa Barbara -Santa Maria -Lompoc, CA
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:
SMSA Counties
181 7320 San Diego, CA
CA San Diego
Non-SMSA Counties
CA Imperial
21.5
19.0
19.7
24.6
16.9
18.2
For the last full week July during which work is performed under the contract, you and each non material -
supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391
(Appendix C to 23 CFR 230). Submit the forms by August 15.
13. TITLE VI ASSURANCES
Appendix A
During the performance of this Contract, the CONTRACTOR, for itself, its assignees and successors in
interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
• Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation, Title 49,
Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of this
Contract.
Nondiscrimination: CONTRACTOR, with regard to the Work performed by it during the Contract,
shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability
in the selection and retention of sub -applicants, including procurements of materials and leases of
equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment practices when the
agreement covers a program set forth in Appendix B of the Regulations.
• Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be
performed under a sub- agreement, including procurements of materials or leases of equipment,
each potential sub -applicant or supplier shall be notified by CONTRACTOR of the
CONTRACTOR's obligations under this Contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
Information and Reports: CONTRACTOR shall provide all information and reports required by
the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the California
Department of Transportation or FHWA to be pertinent to ascertain compliance with such
Regulations or directives. Where any information required of CONTRACTOR is in the exclusive
possession of another who fails or refuses to furnish this information, CONTRACTOR shall so
certify to the California Department of Transportation or the FHWA as appropriate, and shall set
forth what efforts CONTRACTOR has made to obtain the information.
• Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the
nondiscrimination provisions of this Contract, the California Department of Transportation shall
impose such agreement sanctions as it or the FHWA may determine to be appropriate, including,
but not limited to:
o withholding of payments to CONTRACTOR under the Contract within a reasonable period
of time, not to exceed 90 days; and/or
o cancellation, termination or suspension of the Contract, in whole or in part.
• Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (A)
through (F) in every sub -agreement, including procurements of materials and leases of equipment,
unless exempt by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub -agreement or procurement as the California
Department of Transportation or FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved
in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction,
CONTRACTOR may request the California Department of Transportation enter into such litigation to
protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter
into such litigation to protect the interests of the United States.
Appendix E
During the performance of this Contract, the CONTRACTOR, for itself, its assignees, and successors in
interest (hereinafter referred to as the "CONTRACTOR") agrees to comply with the following non-
discrimination statutes and authorities, including, but not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis
of sex;
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients
and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis
of disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented
by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
14. USE OF UNITED STATES FLAG VESSELS (CARGO PREFERENCE ACT)
The CONTRACTOR agrees:
• To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved,
whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent
such vessels are available at fair and reasonable rates for United States -flag commercial vessels.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
• To furnish within 20 days following the date of loading for shipments originating within the United
State or within 30 working days following the date of loading for shipments originating outside
the United States, a legible copy of a rated "on -board" commercial ocean bill -of -lading in English
for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer
(through the prime contractor in the case of subcontractor bills -of -lading) and to the Division of
National Cargo, Office of Market Development, Maritime Administration, Washington, DC
20590.
• To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this
Contract.
15. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is
This section applies if a number of trainees or apprentices is specified in Special Conditions.
As part of the CONTRACTOR's equal opportunity affirmative action program, provide on-the-job
training to develop full journeymen in the types of trades or job classifications involved.
The CONTRACTOR primary responsibility for meeting this training requirement.
If the CONTRACTOR subcontracts a Contract part, determine how many trainees or apprentices are to
be trained by the subcontractor. Include these training requirements in each subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1 st year of
apprenticeship or training.
Distribute the number of apprentices or trainees among the work classifications on the basis of the
CONTRACTOR's needs and the availability of journeymen in the various classifications within a
reasonable recruitment area.
Before starting Work, the CONTRACTOR shall submit to the CITY:
• Number of apprentices or trainees to be trained for each classification
• Training program to be used
• Training starting date for each classification
The CONTRACTOR shall obtain the CITY's approval for this submitted information before the
CONTRACTOR starts Work. The CITY credits the CONTRACTOR for each apprentice or trainee the
CONTRACTOR employs on the Work who is currently enrolled or becomes enrolled in an approved
program.
The primary objective of this section is to train and upgrade minorities and women toward journeyman
status. The CONTRACTOR shall 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
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
minority and women apprentices or trainees, to the extent they are available within a reasonable
recruitment area and show that they have made the efforts. In making these efforts, the CONTRACTOR
shall not discriminate against any applicant for training.
The CONTRACTOR shall not employ as an apprentice or trainee an employee:
• 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
• Who is not registered in a program approved by the US Department of Labor, Bureau of
Apprenticeship and Training
The CONTRACTOR shall ask the employee if the employee has successfully completed a training course
leading to journeyman status or has been employed as a journeyman. The CONTRACTOR's records must
show the employee's answers to the questions.
In the training program, the CONTRACTOR shall establish the minimum length and training type for
each classification. The CITY and FHWA approves a program if one of the following is met:
• It is calculated to:
o Meet the your equal employment opportunity responsibilities
o Qualify the average apprentice or trainee for journeyman status in the classification
involved by the end of the training period
• 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
The CONTRACTOR shall obtain the State's approval for your training program before they start Work
involving the classification covered by the program.
The CONTRACTOR shall provide training in the construction crafts, not in clerk -typist or secretarial -
type positions. Training is allowed in lower level management positions such as office engineers,
estimators, and timekeepers if the training is oriented toward construction applications. Training is
allowed in the laborer classification if significant and meaningful training is provided and approved by
the division office. Off -site training is allowed if the training is an integral part of an approved training
program and does not make up a significant part of the overall training.
The CITY reimburses you 80 cents per hour of training given an employee on this Contract under an
approved training program:
• For on -site training
• 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:
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
]PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
o Contribute to the cost of the training
o Provide the instruction to the apprentice or trainee
o Pay the apprentice's or trainee's wages during the off -site training period
• If the CONTRACTOR complies with this section.
Each apprentice or trainee must:
• Begin training on the project as soon as feasible after the start of work involving the apprentice's
or trainee's skill
• 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
The CONTRACTOR shall furnish the apprentice or trainee with a copy of the program that the
CONTRACTOR will comply with in providing the training.
16. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE EQUIPMENT AND SERVICES
In response to significant national security concerns, the CITY shall check the prohibited vendor list before
making any telecommunications and video surveillance purchase because recipients and subrecipients of
federal funds are prohibited from obligating or expending loan or grant funds to:
• Procure or obtain;
• Extend or renew a contract to procure or obtain; or
• Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or
systems that uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system.
The prohibited vendors (and their subsidiaries or affiliates) are:
• Huawei Technologies Company;
• ZTE Corporation;
• Hytera Communications Corporation;
• Hangzhou Hikvision Digital Technology Company;
• Dahua Technology Company; and
• Subsidiaries or affiliates of the above -mentioned companies.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize
available funding and technical support to assist affected businesses, institutions and organizations as is
reasonably necessary for those affected entities to transition from covered communications equipment and
services, to procure replacement equipment and services, and to ensure that communications service to
users and customers is sustained.
EXHIBIT 4
COST ANALYSIS
CONSTRUCTION OF PROJECT NO. 19-6948 (ATPSBL-5063(195)): West Willits
Protected Bike Lanes from Fairview Street to Raitt Street
Construction Contract
$
1,798,800.00
Contract Administration, Inspection and Testing
$
270,000.00
Contingencies
$
208,200.00
TOTAL ESTIMATED CONSTRUCTION COSTS
1 $
2,277,000.00
PROJECT TITLE:
West Willits Street Protected Bicycle Lanes:
Fairview to Raitt
PROJECT CATEGORY:
Traffic Improvements -
Traffic Safety / Mobility
LOCATION MAP A
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s
CITY OF SANTA ANA FY 19/20 CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:
Design and construction of a protected bikeway along
Willits Street including raised medians, bike detection,
and crosswalk enhancements.
PROJECT NEED:
Project is designed to increase bicyclists' safety and
mobility.
PROJECT COSTS FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26
Construction $2,475,000
TOTAL $2,475,000
SOURCE OF FUNDS FY 19/20 FY 20/21 FY 21 /22 FY 22/23 FY 23/24 FY 24/25 FY 25/26
ATP (Federal) $2,475,000
TOTAL $2,475,000
AGENCY DIVISION: CONTACT: DATE:
Public Works Agency Design Engineering Sean Thomas, Senior Civil Engineer 24-May-2019
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