7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
7-1.01 General
1.Compliance with laws
2.Responsibilities for public safety and convenience
3.Responsibilities for indemnification, insurance, and liability
7-1.02 Laws
7-1.02A General
Comply with laws , regulations, orders, and decrees applicable to the project. Indemnify and defend the State against any claim or liability arising from the violation of a law, regulation, order, or decree by you or your employees. Immediately report to the Engineer a discrepancy or inconsiste ncy between the Contract and a law, regulation, order, or decree . If the Department incurs any fines or penalties because of your failure to comply with a law, regulation, order, or decree, the Department deducts the amount of the fine or penalty. Immediat ely notify the Engineer if a regulatory agency requests access to the job site or to records. Submit a list of documents provided to the agency and issued enforcement actions.
7-1.02B US Fair Labor Standards Act
Comply with 29 USC § 201 et seq.
7-1.02C Emissions Reduction
Submit to the Department the following certification before performing the work : I am aware of the emissions reduction regulations being mandated by the California Air Resources Board. I will comply with such regulations before commencing the performance of the work and maintain compliance throughout the duration of this Contract. Contract signing constitutes submittal of this certification.
7-1.02D Unmanned Aircraft Systems
Comply with 14 CFR 107 when operating UAS in the proximity of the highway. Submit the following to the Engineer and https://app.smartsheet.com/b/form/7ad42b76ef9e4f37ba2978520f1b1a5f as an informational submittal at least 7 days before initial operation of UAS:
1.UAS remote pilot information 1.1. Pilot's full name 1.2. Pilot's contact information 1.2.1. Phone number 1.2.2. Email address 1.3. Pilot's certification information 1.3.1. Certificate issuance date 1.3.2. Certificate expiration date
2.UAS information 2.1. UAS manuf acturer 2.2. UAS model 2.3. Registration number 2.4. Registration issuance date 2.5. Registration expiration date Maintain records of UAS flights. Submit a post -flight record as an informational submittal to the Engineer and https://app.smartsheet.com/b/f orm/5e34deda3bd24f8f8397d895275ecbec within 1 business day of each flight. The post -flight record must include the following:
1.Flight date SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
2.Flight duration
3.Visual observer name and contact information
4.Purpose of flight
5.UAS Hazard Analysis Contractor/Consultant form, as an attachment
6.Description of any accidents or incidents, if applicable Do not operate UAS over the traveled way unless preauthorized in writing by the Engineer. Launch and land UAS at least 50 feet from the edge of live traffic.
7-1.02E 7-1.02H Reserved
7-1.02I Government Code
7-1.02I(1) General
Reserved
7-1.02I(2) Nondiscrimination
Under 2 CA Code of Regs § 11105 :
1.During the performance of this contract, the recipient, contractor, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gende r, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, phys ical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
2.Contractor shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 -11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.
3.Contractor or recipient shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.
4.Recipient, contractor and its subcontractors shall give written notice of their obliga tions under this clause to labor organizations with which they have a collective bargaining or other agreement.
5.The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the con tract. Under 2 CA Code of Regs § 11122: STANDARD CALIFORNIA NONDISCRIMINATION CONSTRUCTION CONTRACT SPECIFICATIONS (GOV. CODE SECTION 12990) These specifications are applicable to all state contractors and subcontractors having a construction contract or subcontract of $5,000 or more.
1.As used in the specifications:
a."Act" means the Fair Employment and Housing Act.
b."Administrator" means Administrator, Office of Compliance Programs, California Department of Fair Employment and Housing, or any person to whom the Administrator delegates authority;
2.Whenever the contractor or any subcontractor subcontracts a portion of the work, it shall include in each subcontract of $5,000 or more the nondiscrimination clause in this contract directly or through incorporation by reference. Any subcontract for work i nvolving a construction trade shall also include the Standard California Construction Contract Specifications, either directly or through incorporation by reference. SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
3.The contractor shall implement the specific nondiscrimination standards provided in par agraphs 6(a) through (e) of these specifications.
4.Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer members of any group protected by the Act shall excuse the contractor's obligations under these specifications, Government Code section 12990, or the regulations promulgated pursuant thereto.5. In order for the nonworking training hours of apprentices and trainees to be counted, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor or the California Department of Industrial Relations.
5.In order for the nonworking training hours of apprentices and trainees to be counted, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor or the California Department of Industrial Relations.
6.The contractor shall take specific actions to implement its nondiscrimination program. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor must be able to demonstrate fully its efforts under steps a. through e. below:
a.Ensure and maintain a work ing environment free of harassment, intimidation, and coercion at all sites, and at all facilities at which the contractor's employees are assigned to work. The contractor shall specifically ensure that all foremen, superintendents, and other on -site super visory personnel are aware of and carry out the contractor's obligations to maintain such a working environment.
b.Provide written notification within seven days to the director of the DFEH when the referral process of the union or unions with which the c ontractor has a collective bargaining agreement has impeded the contractor's efforts to meet its obligations.
c.Disseminate the contractor's equal employment opportunity policy by providing notice of the policy to unions and training, recruitment and outr each programs and requesting their cooperation in assisting the contractor to meet its obligations; and by posting the company policy on bulletin boards accessible to all employees at each location where construction work is performed.
d.Ensure all person nel making management and employment decisions regarding hiring, assignment, layoff, termination, conditions of work, training, rates of pay or other employment decisions, including all supervisory personnel, superintendents, general foremen, on -site forem en, etc., are aware of the contractor's equal employment opportunity policy and obligations, and discharge their responsibilities accordingly.
e.Ensure that seniority practices, job classifications, work assignments, and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the equal employment opportunity policy and the contractor's obligations under these specifications are being carried out.
7.Contractors are encouraged to participate in voluntary associations that assist in fulfilling their equal employment opportunity obligations. The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the con tractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive imp act on equal employment opportunity in the industry, ensures that the concrete benefits of the program are reflected in the contractor's workforce participation, and can provide access to documentation that demonstrates the effectiveness of actions taken o n behalf of the contractor. The obligation to comply, however, is the contractor's.
8.The contractor is required to provide equal employment opportunity for all persons. Consequently, the contractor may be in violation of the Fair Employment and Housing A ct (Government Code section 12990 et seq.) if a particular group is employed in a substantially disparate manner.
9.The contractor shall not use the nondiscrimination standards to discriminate against any person because race, religious creed, color, natio nal origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
10.The contractor shall not ent er into any subcontract with any person or firm decertified from state contracts pursuant to Government Code section 12990.
11.The contractor shall carry out such sanctions and penalties for violation of these specifications and the nondiscrimination clau se, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Government Code section 12990 and its implementing regulations by the awarding agency. Any contractor who fails to carry out such sanct ions and penalties shall be in violation of these specifications and Government Code section 12990.
12.The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by OCP and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, status, (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Reco rds shall be maintained in any easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
7-1.02J Reserved
7-1.02K Labor Code
7-1.02K(1) General
Work on the job site must comply with Labor Code §1720 et seq. and 8 CA Code of Regs § 16000 et seq. Work includes roadside production and processing of materials , and hauling and delivery of ready -mixed concrete. Payroll re cords include time cards, canceled checks, cash receipts, trust fund forms, books, documents, schedules, forms, reports, receipts or other information which reflect job assignments, work schedules by days and hours, and the disbursement of payment to worke rs (8 CA Code of Regs § 16000).
7-1.02K(2) Wages
The Department obtains the general prevailing rate of wages applicable to the work to be done. The rate includes:
1.Basic hourly rate
2.Employer payments for health and welfare, pension, vac ation, apprenticeship training fees, travel time, and subsistence pay as provided for in Labor Code § 1773.1
3.Similar purposes The general prevailing wage rates and any applicable changes to these wage rates are available:
1.At the Department's Labor Compliance Office of the district in which the work is located
2.From the Department of Industrial Relations' website Post the general prevailing wage rates at a prominent place at the job site (Labor Code § 1773.2). The wage determina tions refer to expiration dates. The determinations with a single asterisk after the expiration date, and in effect on the date of advertisement for bids, are good for the life of the Contract. The determinations with double asterisks after the expiration date indicate the wage rate to be paid for work performed after this date has been determined. If work is to extend past this date, pay the new rate and incorporate it into the Contract. Changes in general prevailing wage determinations apply to the Contra ct when the Director of Industrial Relations has issued them at least 10 days before advertisement. (Labor Code § 1773.6 and 8 CA Code of Regs 16204) The Department does not recognize any claim for additional payment because of a payment by the Contractor of any wage rate in excess of the prevailing wage rate specified in the Contract. The Contractor and any subcontractor must forfeit to the Department not more than $200 per day or part of a day for each worker paid less than the prevailing wage rate and pa y the worker the difference between the prevailing wage rate and the rate paid (Labor Code § 1775). The Labor Commissioner determines the amount of this penalty and bases the amount on: SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
1.Whether the failure to pay the correct prevailing wage rate was a g ood-faith mistake that the Contractor or subcontractor promptly and voluntarily corrected upon notice
2.Prior record of the Contractor or subcontractor in meeting its prevailing wage obligations
3.Contractor or subcontractor's willful failure to pay the correct rate of prevailing wages If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable for the penalties described in section 7 - 1.02K(2) unles s the Contractor had knowledge of the failure to pay the correct general prevailing per diem wages or unless the Contractor fails to comply with the following requirements (Labor Code § 1775):
1.The contract executed between the Contractor and the subcont ractor for the performance of work on the public works project must include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
2.The Contractor must monitor the payment of the specified general prevailing rate of per die m wages by periodic review of the certified payroll records of the subcontractor.
3.Upon becoming aware of the subcontractor's failure to pay the specified prevailing rate of wages to the subcontractor's workers, the Contractor must diligently take correc tive action to stop or rectify the failure, including withholding sufficient funds due the subcontractor for work performed on the public works project.
4.Before making final payment to the subcontractor for work performed on the public works project, the Contractor must obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to its employees on the public works project and any amounts due under Labor Code § 1813. Under Labor Code § 1775, the Department must notify the contractor on a public works project within 15 days of receipt by the Department of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.
7-1.02K(3) Certified Payroll Records (Labor Code § 1776)
Keep accurate payroll records. Submit a copy of your certified payroll records , weekly, including those of subcontractors. Inclu de:
1.Each employee's: 1.1. Full name 1.2. Address 1.3. Last four digits of social security number pursuant to Labor Code § 226(a) 1.4. Work classification 1.5. Straight time and overtime hours worked each day and week 1.6. Actual wages paid for each day to each: 1.6.1. Journeyman 1.6.2. Apprentice 1.6.3. Worker 1.6.4. Other employee you employ for the work 1.7. Pay rate 1.8. Itemized deductions made 1.9. Check number issued
2.Apprentices and the apprentice -to-journeyman ratio Each certified payroll record must include a Statement of Compliance form signed under penalty of perjury that declares:
1.Information contained in the payroll record is true, correct, and complete
2.Employer has complied with the requirements of sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project
3.Wage rates paid are at least those required by the Contract Submitted certified payrolls for hauling and delivering ready -mixed concrete must be accompanied by a written time re cord. The time record must include:
1.Truck driver's full name and address SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
2.Name and address of the factory or batching plant
3.Time the concrete was loaded at the factory or batching plant
4.Time the truck returned to the factory or batching plant
5.Truck driver's signature certifying under penalty of perjury that the information contained in this written time record is true and correct Submit certified payroll records electronically using the Department 's contracted certified payroll internet syste m LCPtracker Pro . For information on submittal of certified payroll records using LCPtracker Pro , go to the LCPtracker website : https://www.lcptracker.com/solutions/lcptracker Request user account for your designated representative by submitting LCPtracker Vendor Access Request form. Make certified payroll records available for inspection at all reasonable hours at your main office on the following basis:
1.Upon the employee's request or upon request of the employee's authorized representative, m ake available for inspection a certified copy of the employee's payroll record.
2.Refer the public's requests for certified payroll records to the Department. Upon the public's request, the Department makes available for inspection or furnishes copies of your certified payroll records. Do not give the public access to the records at your main office. Make all payroll records, including employee 's complete social security number, available for inspection and copying or furnish a copy upon request of a representative of the:
1.Department
2.Division of Labor Standards Enforcement of the Department of Industrial Relations
3.Division of Apprenticeship Standards of the Department of Industrial Relations Furnish the Department the location of the records. Include the street address, city, and county. Furnish the Department a notification of a location and address change within 5 business days of the change. Comply with a request for the records within 10 days after you receive a written request. If you do not comply within this period, the Department withholds from progress payments a $100 penalty for each day or part of a day for each worker until you comply. You are not assessed this penalty for a subcontractor's failure to comply with Labor Code § 1776. The Department withholds from progress payments for delinquent or inadequate records (Labor Code § 1771.5). If you have not submitted an adequate record by the month's 15th day for the period ending on or before the 1st of that month, the Department withho lds up to 10 percent of the monthly progress estimate, exclusive of mobilization. The Department does not withhold more than $10,000 or less than $1,000.
7-1.02K(4) Apprentices
Comply with the apprentice to journeyman ratio requirement s (Labor Code § 1777.5(g)). Comply with the training contribution requirements (Labor Code § 1777.5(m)(1)). For answers to questions, contact the Division of Apprenticeship Standards before starting work. The Department deducts from progress payments civil penalties assessed by the Chief of the Division of Apprenticeship Standards for violating Labor Code § 1777.5 (Labor Code § 1777.7).
7-1.02K(5) Working Hours
Eight hours is a legal day's work (Labor Code § 1810) . The time of service of any worker employed on public work is limited and restricted to 8 hours in 1 day and 40 hours in 1 calendar week, except as provided by Labor Code § 1815 (Labor Code § 1811). SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC A Contractor's employee may work more than 8 hours per day and 40 hours per w eek if the Contractor pays the employee 1 -1/2 times the basic pay rate for the hours worked in excess of 8 hours per day and 40 hours per week (Labor Code § 1815). For each worker employed in the work for each day the worker works more than 8 hours in 1 da y and 40 hours in 1 calendar week without overtime pay, the Department deducts $25 as a penalty for violating Labor Code § 1815 (Labor Code § 1813).
7-1.02K(6) Occupational Safety and Health Standards
7-1.02K(6)(a) General
Comply with applicable occupational safety and health standards , rules, regulations, and orders. The Occupational Safety and Health Standards Board is the only agency authorized in the State to adopt and enforce occupational safety and health standards (L abor Code § 142 et seq.). You must contact the local public health service department for information concerning public health conditions within the area of the project. You are the controlling employer and must ensure hazardous conditions are corrected (L abor Code § 6400). The Engineer may notify Cal/OSHA if you fail to establish or maintain a safe and healthful workplace. Submit copies of your Injury and Illness Prevention Program, Code of Safe Practices, and permits required by Cal/OSHA as informational submittals . The program must address the use of personal and company -issued electronic devices during work. Do not allow the use of entertainment and personal communication devices in the work zone. Workers may use a communication device for business purpo ses in the work area, at a location where their safety and the safety of other workers and the traveling public is not compromised. The Department is not responsible for the health and safety of:
1.Contractor's personnel
2.Subcontractor's personnel
3.Supplier's personnel
4.Any other persons present at the job site at the request of you or your subcontractors.
7-1.02K(6)(b) Excavation Safety
Comply with Labor Code § 6705 while excavating. For an excavation 5 feet or more in depth, su bmit shop drawings for a protective system. The drawings must show the design and details for providing worker protection from caving ground during excavation . Shop drawings of protective systems for which the Construction Safety Orders require design by a registered professional engineer must be sealed and signed by an engineer who is registered as a civil engineer in the State. The submittal must allow review time and include the contents shown in the following table except the review t ime is 65 days for an excavation on or affecting railroad property: Drawing Review Time and Contents Topic Plan not requiring a signature Plan requiring a signature Review time 5 business days before excavating 20 days before excavating Contents Drawings Calculations Material information Proprietary system information Drawings Calculations Material information Proprietary system information Soil classification Soil properties Soil design calculations SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
7-1.02K(6)(c) Tunnel Safety
Cal/OSHA classifies tunnels into one of the following classifications:
1.Nongassy
2.Potentially gassy
3.Gassy
4.Extrahazardous If a tunnel location is described in the Contract, the classification is include d in the Information Handout and you must:
1.Designate an on -site Safety Representative under 8 CA Code of Regs § 8406
2.Submit the name of your on -site Safety Representative at least 7 days before starting work at each tunnel
3.Prominently post a notice at the job site of: 3.1. Tunnel classifications 3.2. Any special orders, rules, special conditions, or regulations related to tunnel work
4.Ensure your workers are informed of these classifications Notify the Engineer at least 20 days before a worker enters a tunnel not described in the Contract. The Department obtains the classification of the tunnel. The Engineer may suspend the work because of a change directly resulting from the Contractor's planned activit ies that causes activities to fall under the Tunnel Safety Orders of 8 CA Code of Regs § 8422.
7-1.02K(6)(d) Confined Space Safety
Comply with 8 CA Code of Regs § 5158 while working in a confined space .
7-1.02K(6)(e) Scaffolding
Reserved
7-1.02K(6)(f) 7-1.02K(6)(i) Reserved
7-1.02K(6)(j) Lead Safety
7-1.02K(6)(j)(i) General
Reserved
7-1.02K(6)(j)(ii) Lead Compliance Plan
Section 7 -1.02K(6)(j)(ii) applies if a bid item for a lead compliance plan is shown on the Bid Item List. Regulations containing specific Cal/OSHA requirements when working with lead include 8 CA Code of Regs § 1532.1 . Submit a plan:
1.That documents your compliance program to prevent or minimize worker exposure to lead
2.Including the items listed in 8 CA Code of Regs § 1532.1 (e)(2)(B)
3.Sealed and signed by a CIH with knowledge of and experience complying with 8 CA Code of Regs Allow 7 days for review. Obtain authorization for the plan before starting any activity that presents t he potential for lead exposure. Before starting any activity that presents the potential for lead exposure to employees who have no prior training, including State employees, provide a safety training program to these employees that complies with 8 CA Code of Regs § 1532.1 and your lead compliance plan. Submit copies of air monitoring or job site inspection reports made by or under the direction of the CIH under 8 CA Code of Regs § 1532.1 within 10 days after the date of monitoring or inspection. Supply per sonal protective equipment, training, and washing facilities required by your lead compliance plan for 5 State employees. SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
7-1.02K(6)(j)(iii) Unregulated Earth Material Containing Lead
Reserved
7-1.02K(6)(j)(iv )–7-1.02K(6)(j)( viii) Reserved
7-1.02K(6)(k) 7-1.02K(6)(t) Reserved
7-1.02L Public Contract Code
7-1.02L(1) General
Reserved
7-1.02L(2) Antitrust Claims
In entering into a public works contract or a subcontract to supply goods, services, or materials pursuan t to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Ca rtwright Act (Chapter 2 (commencing with § 16700) of Part 2 of
Division 7 — of the Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. [Pub Cont Code § 7103.5 (b)]
7-1.02M Public Resources Code
7-1.02M(1) General
Reserved
7-1.02M(2) Fire Protection
Submit the names and emergency telephone numbers of the nearest fire suppression agencies before the start of job site activities as an informational submittal. Post the names and phone numbers at a prominent place at the job site. Submit a copy of your f ire prevention plan required by Cal/OSHA as an informational submittal before the start of job site activities. Cooperate with fire prevention authorities in performance of the work. Immediately report fires occurring within and near the project limits by dialing 911 and to the nearest fire suppression agency by using the emergency phone numbers retained at the job site. Prevent project personnel from setting open fires that are not part of the work. Prevent the escape of and extinguish fires caused directl y or indirectly by job site activities.
7-1.02M(3) Surface Mining and Reclamation Act
Imported borrow or aggregate material must come from a surface mine permitted under the Surface Mining and Reclamation Act of 1975, Pub Res Code § 2710 et seq., or from a source not subject to this act. For the list of permitted sites, go to the Department of Conservation, Division of Mine Reclamation website. If you import borrow or aggregate material from a surface mine not on this list, submit proof that the source is not subject to this act.
7-1.02M(4) 7-1.02M(7) Reserved
7-1.02N Reserved
7-1.02O Vehicle Code
Under Veh Code § 591 , the Department determines areas within the project limits are open to pub lic traffic. For those areas, comply with the requirements set forth in Divisions 11, 12, 13, 14 , and 15 of the Veh Code. Veh Code § 591 does not relieve you or any other person from the duty of exercising due care. SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
7-1.02P 7-1.02Z Reserved
7-1.03 Public Convenience
Compliance with section 7 -1.03 does not relieve you of your responsibility for public safety. Construction activities must not inconvenience the public or abutting property owners. Schedule and conduct work to avoid unnecessary inconvenience to the public and abutting property owners. Avoid undue delay in construction activities to reduce the public's exposure to construction. Where possible, route traffic on new or existing paved surfaces. Maintain convenient a ccess to driveways, houses, and buildings. When an abutting property owner's access across the right -of-way line is to be eliminated or replaced under the Contract, the existing access must not be closed until the replacement access facility is usable. Con struct temporary approaches to a crossing and an intersecting highway. Provide a reasonably smooth and even surface for use by traffic at all time during the excavation of a roadway and construction of an embankment. Before other grading activities, place fill at culverts and bridges to allow traffic to cross. If ordered, excavate a roadway cut in layers and construct an embankment in partial widths at a time alternating construction from one side to the other and routing traffic over the side opposite the one under construction. Install or construct culverts on only 1/2 the width of the traveled way at a time; keep the traveled way portion being used by traffic open and unobstructed until the opposite side of the traveled way is ready for use by traffic. Upon completion of rough grading or placing any subsequent layer, bring the surface of the roadbed to a smooth and even condition, free of humps and depressions, and satisfactory for the use of the public. After subgrade preparation for a specified layer of material has been completed, repair any damage to the roadbed or completed subgrade, including damage caused by public use. While subgrade and paving activities are underway, allow the public to use the shoulders. If half -width paving me thods are used, allow the public to use the side of the roadbed opposite the one under construction. If enough width is available, keep open a passageway wide enough to accommodate at least 2 lanes of traffic at locations where subgrade and paving activiti es are underway. Shape shoulders or reshape subgrade as necessary to accommodate traffic during subgrade preparation and paving activities. Apply a dust palliative for the prevention or alleviation of dust nuisance. If a height differential of more than 0. 04 foot is created by construction activities at a joint transverse to the direction of traffic on the traveled way or a shoulder subject to public traffic, construct a temporary taper at the joint with a slope complying with the requirements shown in the following table: Temporary Tapers Height differential Slope (horizontal:vertical) (foot) Taper use of 14 days or less Taper use of more than 14 days Greater than 0.08 100:1 or flatter 200:1 or flatter 0.04–0.08 70:1 or flatter 70:1 or flatter For a taper on existing asphalt concrete or concrete pavement, construct the taper with minor HMA under section 39 -2.07. Grind existing surfaces to accommodate a minimum taper thickness of 0.10 foot under either of the following conditions:
1.HMA material such as rubberized HMA, polymer -modified bonded wearing course, or open -graded friction course is unsuitable for raking to a maximum 0.02 foot thickness at the edge
2.Taper will be in place for more than 14 days For a taper on a bridge deck or approach slab, construct the taper with rapid setting concrete under section 60 -3.02B(2) or polyester concrete under section 60 -3.04B(2). Prepare the surface to receive the taper under section 60 -3.02C(7). For tapers with aggregate fillers, rake conform edges to ensure smooth SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC transitions. Cure the taper for at least 3 hours or the minimum time recommended by the manufacturer before opening to traffic. The completed surface of the taper must be uniform and must not vary more than 0.02 foot from the lower edge of a 12 -foot straightedge when placed on its surface parallel and perpendicular to traffic. If authorized, you may use alternative materials or methods to construct the required taper. Install signs, lights, flares, temporary barrier system , barricades and other facil ities to direct traffic. Provide flaggers whenever necessary to direct the movement of the public through or around the work. Flagging must comply with section 12 -1. When not described and if ordered, providing flaggers is change order work. You are requir ed to pay for the cost of replacing or repairing all facilities installed under change order work for the convenience, direction, or warning of the public that are lost while in your custody or are damaged by your operations to such an extent as to require replacement or repair. The Engineer may order or consent to your request to open a completed section of surfacing, pavement, or structure roadway surface for public use. You will not be compensated for any delay to your construction activities caused by t he public. This does not relieve you from any other contractual responsibility.
7-1.04 Public Safety
You are responsible to provide for public safety . Do not construct a temporary facility that interferes with the safe passage of traffic. Control dust resulting from the work, inside and outside the right -of-way. Move workers, equipment, and materials without endangering traffic. Whenever your activities create a condition hazardous to the public, furnish, erect and maintain those fences, temporary barrier system , barricades, lights, signs, and other devices and take any other necessary protective measures to prevent damage or injury to the public. Any fences, temporary barrier system , barricades, lights, signs, or other devices furn ished, erected and maintained by you are in addition to those for which payment is provided elsewhere in the specifications. Provide flaggers whenever necessary to ensure that the public is given safe guidance through the work zone. Flagging must comply wi th section 12 -1. When not described and if ordered, providing flaggers is change order work. At locations where traffic is being routed through construction under one -way controls, move your equipment in compliance with the one -way controls unless otherwis e ordered. Use of signs, lights, flags, or other protective devices must comply with the California MUTCD and any directions of the Engineer. Signs, lights, flags or other protective devices must not obscure the visibility of, nor conflict in intent, meani ng, and function of either existing signs, lights and traffic control devices, or any construction area signs. Keep existing traffic signals and highway lighting in operation. Other forces within the Department will perform routine maintenance of these fac ilities during the work. Cover signs that direct traffic to a closed area. Except for work specified in section 12, maintaining, and removing the covers on construction area signs is change order work. Install temporary illumination such that the illuminat ion and the illumination equipment do not interfere with public safety. The installation of general roadway illumination does not relieve you from furnishing and maintaining any protective devices. Equipment must enter and leave the highway via existing ra mps and crossovers and must move in the direction of traffic. All movements of workers and construction equipment on or across lanes open to traffic must be performed in a manner that do not endanger the public . Your vehicles or other mobile equipment leav ing an open traffic lane to enter the construction area must slow down gradually in SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC advance of the location of the turnoff to give the traffic following an opportunity to slow down. When leaving a work area and entering a roadway carrying traffic, your veh icles and equipment must yield to traffic. Compensation for flaggers, used for all movement of workers and construction vehicles and equipment on or across lanes open to traffic, is included in the bid items of work involved. Immediately remove hauling spi llage from a roadway lane or shoulder open to traffic. When hauling on roadways, trim loads and remove material from shelf areas to minimize spillage. Notify the Engineer not less than 25 days and not more than 125 days before the anticipated start of an activity that will change the vertical or horizontal clearance available to traffic, including shoulders. If vertical clearance is temporarily reduced to 15.5 feet or less, place low clearance warning signs in compliance with the California MUTCD and any di rections of the Engineer. Signs must comply with the dimensions, color, and legend requirements of the California MUTCD and section 12 -3.11 except that the signs must have black letters and numbers on an orange retroreflective background. W12 -2P signs must be illuminated so that the signs are clearly visible. Pave or provide full width continuous and cleared wood walks for pedestrian openings through falsework. Protect pedestrians from falling objects and concrete -curing water. Extend overhead protection fo r pedestrians at least 4 feet beyond the edge of the bridge deck. Illuminate all pedestrian openings through falsework. Temporary pedestrian facilities must comply with the California MUTCD , Part 6, Chapter 6D, "Pedestrian and Worker Safety." Do not store vehicles, material, or equipment in a way that:
1.Creates a hazard to the public
2.Obstructs traffic control devices Do not install or place temporary facilities used to perform the work which interfere with the free and safe passage of traffic. Tempora ry facilities that could be a hazard to public safety if improperly designed must comply with design requirements described in the Contract for those facilities or, if none are described, with standard design criteria or codes appropriate for the facility involved. Submit shop drawings and design calculations for the temporary facilities and show the standard design criteria or codes used. Shop drawings and supplemental calculations must be sealed and signed by an engineer who is registered as a civil engin eer in the State. If you appear to be neglectful or negligent in furnishing warning devices and taking protective measures, the Engineer may direct your attention to the existence of a hazard. You must furnish and install the necessary warning devices. If the Engineer points out the inadequacy of warning devices and protective measures, that action on the part of the Engineer does not relieve you from your responsibility for public safety or abrogate your obligation to furnish and pay for these devices and measures. Install temporary barrier system or other authorized protective systems under any of the following conditions:
1.Excavations: Where the near edge of the excavation is within 15 feet from the edge of an open traffic lane
2.Temporarily unprotected permanent obstacles: When the work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and you elect to install the obstacle before installing the protective system; or you, for your convenience and as authorized, remove a portion of an existing protective railing at an obstacle and do not replace such railing completely the same day
3.Storage areas: When material or equipment is stored within 15 fe et of the edge of an open traffic lane and the storage is not otherwise prohibited by the Contract
4.Height differentials: When construction operations create a height differential greater than 0.15 feet within 15 feet of the edge of traffic lane Installation of temporary barrier system is not required if an excavation within 15 feet from the edge of an open traffic lane is protected by any of the following: SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
1.Steel plate or concrete covers of adequate thickness to prevent accid ental entry by traffic or the public
2.Side slope where the downhill slope is 4:1 (horizontal:vertical) or less unless a naturally occurring condition
3.Barrier or railing Offset the approach end of temporary barrier system a minimum of 15 feet from the edge of an open traffic lane. Install the temporary barrier system on a skew toward the edge of the traffic lane of not more than 1 foot transversely to 10 feet longitudinally with respect to the edge of the traffic lane. If the 15 -foot minimum offset can not be achieved, the temporary barrier system must be installed on the 10 to 1 skew to obtain the maximum available offset between the approach end of the railing and the edge of the traffic lane, and an array of temporary crash cushion modules must be ins talled at the approach end of the temporary barrier system . Secure temporary barrier system in place before starting work for which the temporary barrier system is required. If a traffic lane is closed with channelizers for excavation work, move the devices to the adjacent edge of the traveled way when not excavating. Space the devices as specified for the closure. Do not move or temporarily suspend anything over a traffic lane open to the public unless the public is protected.
7-1.05 Indemnification
7-1.05A General
You must defend, indemnify , and save harmless the State, including its officers, employees, and agents (excluding agents who are design professionals), from any and all claims, demands, causes of actio n, damages, costs, expenses, actual attorneys' fees, losses or liabilities, in law or in equity (Section 7 -1.05 Claims) arising out of or in connection with your performance of this Contract for:
1.Bodily injury including, but not limited to, bodily injur y, sickness or disease, emotional injury or death to persons, including, but not limited to, the public, any employees or agents of you, the State, or any other contractor; and
2.Damage to property of anyone including loss of use thereof; caused or allege d to be caused in whole or in part by any negligent or otherwise legally actionable act or omission of you or anyone directly or indirectly employed by you or anyone for whose acts you may be liable. Except as otherwise provided by law, these requirements apply regardless of the existence or degree of fault of the State. You are not obligated to indemnify the State for Claims arising from conduct delineated in Civ Code § 2782 and for Claims arising from any defective or substandard condition of the highway that existed at or before the start of work, unless this condition has been changed by the work or the scope of the work requires you to maintain existing highway facilities and the Claim arises from your failure to maintain. Your defense and indemnity ob ligation shall extend to Claims arising after the work is completed and accepted if the Claims are directly related to alleged acts or omissions by you that occurred during the course of the work. Any inspection of the work by the State is not a waiver of full compliance with these requirements. Your obligation to defend and indemnify is not excused because of your inability to evaluate liability or because you evaluate liability and determine that you are not liable. You must respond within 30 days to the tender of any Claim for defense and indemnity by the State, unless this time has been extended by the State. If you fail to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, the Department may withhold such funds the State reasonably considers necessary for its defense and indemnity until disposition has been made of the Claim or until the Contractor accepts or rejects the tender of defense, whichever occurs first. With respect to third -party claims against you, you waive all rights of any type to express or implied indemnity against the State, its officers, employees, or agents (excluding agents who are design professionals). Nothing in the Contract is intended to establish a standard of ca re owed to any member of the public or to extend to the public the status of a third -party beneficiary for any of these indemnification specifications. SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
7-1.05B Responsibility to Other Entities
You are responsible for any liability imposed by law and for i njuries to or death of any person, including workers and the public, or damage to property. Indemnify and save harmless any county, city or district and its officers and employees connected with the work, within the limits of which county, city, or distric t the work is being performed, all in the same manner and to the same extent specified for the protection of the State.
7-1.05C Other
You are responsible to the fullest extent allowed by law, to defend and indemnify the State for any and all injury, illness, disease, or death arising out of or caused by an organism, including but not limited to animals, microscopic bacteria, fungi, plants and the like, to which persons, including but not limited to the public, any employees or agents of yours, the State, or any other contractors that are exposed in connection with the work on the project.
7-1.06 Insurance
7-1.06A General
Nothing in the Contract is intended to establish a standard of care owed to any member of the public or to extend to the pu blic the status of a third -party beneficiary for any of these insurance specifications.
7-1.06B Casualty Insurance
Obtain and maintain insurance on all of your operations with companies acceptable to the State as follows:
1.Keep all insurance in full force and effect from the start of the work through Contract acceptance.
2.Maintain completed operations coverage with a carrier acceptable to the State through the expiration of the patent deficiency in construction statute of repose se t forth in Civ Pro Code § 337.1.
3.All insurance must be with an insurance company with a rating from A.M. Best Financial Strength Rating of A -or better and a Financial Size Category of VII or better.
7-1.06C Workers' Compensation and Employer's Liabil ity Insurance
Under Labor Code § 1860, secure the payment of worker's compensation under Labor Code § 3700. Submit to the Department the following certification before performing the work (Labor Code § 1861): I am aware of the provisions of Section 3700 o f the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contract signing constitutes your submittal of this certification. Provide Employer's Liability Insurance in amounts not less than:
1.$1,000,000 for each accident for bodily injury by accident
2.$1,000,000 policy limit for bodily injury by disease
3.$1,000,000 for each employee for bodily injury by disease Coverage shall contain a waiver of subrogation in favor of the State, including its officers, directors, agents, and employees. If there is an exposure of injury to your employees under the US Longshoremen's and Harbor Workers' Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime employees, coverage must be included for such injuries or claims.
7-1.06D Liability Insurance
7-1.06D(1) General
Evidence General Liability and Umbrella or Excess Liability Insurance covering all operations by or on behalf of you providing insurance for bodily injury liability, property damage liability, and personal and advertising injury for the limit s outlined in 7 -1.06D(2). Coverage must extend to premises, operations and mobile equipment, personal and advertising injury, products and completed operations, and contractual SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC liability. Coverage shall not contain a cross -suits exclusion barring coverage for a suit brought by or between Caltrans and another Insured in the policy. Coverage shall also not contain an exclusion for explosion, collapse and underground hazards. Such policies must contain an annual reinstatement of limits during construction oper ations.
7-1.06D(2) Liability Limits/Additional Insureds
The limits of liability must be at least the values shown in the following table: Liability Limits Total bid For each occurrencea Aggregate for products/completed operation General aggregateb Umbrella or excess liabilityc ≤ $1,000,000 $1,000,000 $2,000,000 $2,000,000 $5,000,000 > $1,000,000 ≤ $10,000,000 $1,000,000 $2,000,000 $2,000,000 $10,000,000 > $10,000,000 ≤ $25,000,000 $2,000,000 $2,000,000 $4,000,000 $15,000,000 > $25,000,000 $2,000,000 $2,000,000 $4,000,000 $25,000,000 aCombined single limit for bodily injury and property damage. bThis limit must apply separately to your work under this Contract. cThe umbrella or excess policy must contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. The required umbrella liability limits are separate from and in addition to the required general liability limits. The umbrella or excess policies shall not contain exclusions barring follow -form coverage for required coverages in this specification. Do not require a small business subcontractor to carry liability insurance that exceeds the limits shown in the preceding table. For a small business subcontractor, interpret Total Bid in the table as the dollar amount of subcontracted work. As used in section 7 -1.06D(2), a small busine ss:
1.For a non -federal -aid contract is defined in 2 CA Code of Regs § 1896 and is incorporated by this reference
2.For a federal -aid contract is defined in 13 CFR 121.201 and is incorporated by this reference The State, including its officers, director s, agents (excluding agents who are design professionals), and employees, must be named as additional insureds under the General Liability and Umbrella Liability Policies with respect to liability arising out of or connected with work or operations perform ed by or on behalf of you under this Contract. Coverage for such additional insureds does not extend to liability:
1.Arising from any defective or substandard condition of the roadway which existed at or before the time you started work, unless such condi tion has been changed by the work or the scope of the work requires you to maintain existing roadway facilities and the claim arises from your failure to maintain;
2.For claims occurring after the work is completed and accepted unless these claims are dir ectly related to alleged acts or omissions of you that occurred during the course of the work; or
3.To the extent prohibited by Ins Code § 11580.04. Additional insured coverage must be provided by a policy provision or by an endorsement providing coverag e at least as broad as Additional Insured endorsement form CG 2010 and CG 2037 (for completed operations), as published by the Insurance Services Office (ISO), or equivalent form as approved by the Department .
7-1.06D(3) Contractor's Insurance Policies ar e Primary
The policy must stipulate that the insurance afforded the additional insureds applies as primary insurance. Any other insurance or self -insurance maintained by the State is excess only and must not be called upon to contribute with this insurance .
7-1.06D(4) Contractor's Insurance -Waiver of Subrogation
The policy must stipulate that coverage contains a waiver of subrogation in favor of the State, including its officers, directors, agents (excluding agents who are design professionals), and empl oyees. SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
7-1.06D(5) Contractor's Insurance -Separation of Insureds
The policy must stipulate that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer 's liability.
7-1.06E Automobile Liability Insurance
7-1.06E(1) General
Evidence automobile liability insurance, including coverage for all owned, hired, and non -owned automobiles. The primary limits of liability must be not less than $1,000,000 combined single limit f or each accident for bodily injury and property damage liability.
7-1.06E(2) Automobile Liability Insurance Scheduled on Excess Liability Policies
The umbrella or excess liability coverage required under section 7 -1.06D(2) also applies to automobile liability. The required limits of liability can be achieved by any combination of primary and excess policies. Automobile liability coverage must be scheduled on excess liability policies in order to meet the required automobile liability limits.
7-1.06F Polic y Forms, Endorsements, and Certificates
Provide your General Liability Insurance under Commercial General Liability policy form no. CG0001 as published by the Insurance Services Office (ISO) or under a policy form at least as broad as policy form no. CG000 1.
7-1.06G Deductibles
The State may expressly allow deductible clauses, which it does not consider excessive, overly broad, or harmful to the interests of the State. Regardless of the allowance of exclusions or deductions by the State, you are responsibl e for any deductible amount and must warrant that the coverage provided to the State complies with section 7 -1.06.
7-1.06H Enforcement
The Department may assure your compliance with your insurance obligations. Ten days before an insurance policy lapses, expires, or is canceled during the Contract period you must submit to the Department evidence of renewal through a binder or specimen copies of such policies or complete replacement of the policy. If you fail to maintain any required insurance cove rage, the Department may maintain this coverage and withhold or charge the expense to you or terminate your control of the work. Any failure to comply with the reporting provisions of your policy shall not affect coverage provided to the State, including i ts officers, directors, agents (excluding agents who are design professionals), and employees. You are not relieved of your duties and responsibilities to indemnify, defend, and hold harmless the State, its officers, agents, and employees by the Department 's acceptance of insurance policies and certificates. The minimum insurance coverage amounts do not relieve you for liability in excess of such coverage, nor do they preclude the State from taking other actions available to it, including the withholding of funds under this Contract.
7-1.06I Self -Insurance
Self-insurance programs and self -insured retentions in insurance policies are subject to separate annual review and approval by the State. If you use a self -insurance program or self -insured retention, yo u must provide the State with the same protection from liability and defense of suits as would be afforded by first -dollar insurance. Execution of the Contract is your acknowledgment that you will be bound by all laws as if you were an insurer as defined u nder Ins Code § 23 and that the self -insurance program or self -insured retention shall operate as insurance as defined under Ins Code § 22. SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
7-1.07 Legal Actions Against The Department
7-1.07A General
If legal action is brought against the Department over compliance with a State or federal law, rule, or regulation applicable to highway work, then:
1.If the Department in complying with a court order prohibits you from performing work, the resulting delay is a suspension related to your performance, unless the Department terminates the Contract.
2.If a court order other than an order to show cause or the final judgment in the action prohibits the Department from requiring you to perform work, the Department may delete the prohibited work or terminate the Contract.
7-1.07B Seal Coat Claims
Pay for claims for personal property damage caused by screening and bituminous binder. Seal coat claims are limited to:
1.10 percent of the total bi d
2.Damage occurring between the 1st day of screening spreading and 4 days after the last day of screening spreading for each seal coat location Within 30 days of the last screening spreading, do the following:
1.Process and resolve all claims reported or submitted to you by the public as follows: 1.1. Within 3 business days of receipt of a claim, submit to the Department a copy of the claim, a written analysis of the claim, and a statement indicating whether or not you will pay the claim. If you reject a claim, provide the reasons for rejection in writing. 1.2. If the claimant becomes dissatisfied with your handling of the claim, immediately refer the claimant to the local district claims office for assistance in resolving the claim.
2.Submit to the Dep artment evidence of your paid claims. All claims presented to the Department, any district claims office, or the State Board of Control (Govt Code § 900 et seq.) are processed and resolved by the Department as follows:
1.The claims are processed as formal government claims subject to all laws and policies and are resolved as the Department determines including referring the claim to you for handling.
2.If the Department or the State Board of Control approves settlement of a claim or is ordered to pa y pursuant to a court order, the claim is paid from funds withheld from you.
3.Within 3 business days of the Department 's determination that you are responsible for resolving the claim, the Department sends a copy of the claim to you for resolution or not ifies you of the Department 's decision to resolve the claim. The Department withholds an amount not to exceed 5 percent of the total bid to resolve all claims. The amount is held no longer than 60 days following the last spreading of screenings so that th e Department has ample time to resolve any pending claims. After 60 days, any remaining amount withheld is returned to you. If no withheld funds remain or have been returned, the Department may pay any claims and seek reimbursement from you through an offs et or any other legal means. Any reimbursement or offset to be recovered from you, including all other paid claims, is limited to 10 percent of the total bid. Section 7 -1.07B does not limit your obligation to defend and indemnify the Department.
7-1.08 Pe Rsonal Liability
Neither the Director, the Engineer nor any other officer or authorized employee of the State of California, nor any officer or employee of any county, city or district shall be personally responsible for any liability arising under or by v irtue of the Contract .
7-1.09 Unsheltered Individuals Encampments
Notify the Engineer at least 10 days prior to needing access to areas in the right of way with encampments that affect performance of the work. The Department wil l remove encampments including encampment debris. SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
7-1.10 Reserved
7-1.11 Federal Laws for Federal -Aid Contracts
7-1.11A General
Section 7 -1.11 includes specifications required in a federal -aid construction contract and applies to a federal -aid contract . Comply with 46 CFR 381.7(a) –(b). A copy of form FHWA -1273 is included in section 7 -1.11B. Physically incorporate a current form FHWA - 1273 in each subcontract and lower tier subcontract. The training and promotion section of section II refers to training provisions as if they were included in the special provisions. The Department specifies the provisions in section 7 -1.11D of the Standard Specifications . If a number of trainees or apprentices is required, the Department shows the numbe r on the Notice to Bidders . Interpret each FHWA -1273 clause shown in the following table as having the same meaning as the corresponding Department clause: FHWA-1273 Nondiscrimination Clauses FHWA -1273 section FHWA -1273 clause Department clause Training and Promotion In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. If section 7 -1.11D applies, section 7 -1.11D supersedes this subparagraph. Records and Reports If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. If the Contract requires on - the-job training, collect and report training data. SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
7-1.11B Fhwa-1273
SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
7-1.11C Female and Minority Goals
To comply with section II, "Nondiscrimination," of " Required Contract Provisions Federal -Aid Construction Contracts ," the Department is including in section 7 -1.11C female and minority utilizati on 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 shown in the following table: SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Minority Utilization Goals Economic area Goal (%) 174 Redding CA: Non-SMSA Counties: CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama 6.8 175 Eureka, CA Non-SMSA Counties: CA Del Norte; CA Humboldt; CA Trinity 6.6 San Francisco -Oakland -San Jose, CA: SMSA Counties: 7120 Salinas -Seaside -Monterey, CA CA Monterey 7360 San Francisco -Oakland, CA 28.9 CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA 25.6 CA Santa Clara, CA 19.6 176 7485 Santa Cruz, CA CA Santa Cruz 7500 Santa Rosa, CA 14.9 CA Sonoma 8720 Vallejo -Fairfield -Napa, CA 9.1 CA Napa; CA Solano Non-SMSA Counties: 17.1 CA Lake; CA Mendocino; CA San Benito 23.2 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA 177 CA Placer; CA Sacramento; CA Yolo Non-SMSA Counties: CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba 16.1 14.3 Stockton -Modesto, CA: SMSA Counties: 5170 Modesto, CA CA Stanislaus 12.3 178 8120 Stockton, CA CA San Joaquin Non-SMSA Counties: 24.3 CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne 19.8 Fresno -Bakersfield, CA SMSA Counties: 0680 Bakersfield, CA CA Kern 19.1 179 2840 Fresno, CA CA Fresno Non-SMSA Counties: 26.1 CA Kings; CA Madera; CA Tulare 23.6 Los Angeles, CA: SMSA Counties: 0360 Anaheim -Santa Ana -Garden Grove, CA 180 CA Orange 4480 Los Angeles -Long Beach, CA 11.9 CA Los Angeles 28.3 SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 6000 Oxnard -Simi Valley -Ventura, CA CA Ventura 6780 Riverside -San Bernardino -Ontario, CA 21.5 CA Riverside; CA San Bernardino 7480 Santa Barbara -Santa Maria -Lompoc, CA 19.0 CA Santa Barbara Non-SMSA Counties: 19.7 CA Inyo; CA Mono; CA San Luis Obispo 24.6 San Diego, CA: SMSA Counties: 7320 San Diego, CA 181 CA San Diego Non-SMSA Counties: 16.9 CA Imperial 18.2 For each 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 .
7-1.11D Training
Section 7 -1.11D applies if a number of trainees or apprentices is shown o n the Notice to Bidders . As part of your equal opportunity affirmative action program, provide on -the-job training to develop full journeymen in the types of trades or job classifications involved. You have primary responsibility for meeting this training requirement. If you subcontract a Contract part, determine how many trainees or apprentices are to be trained by the subcontractor. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or trai ning. Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability of journeymen in the various classifications within a reasonable recruitment area. Before starting work, submit:
1.Number of apprentices or trainees to be trained for each classification
2.Training program to be used
3.Training starting date for each classification Obtain the Department's approval for this submitted information before you start work. The Department credit s you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program. The primary objective of section 7 -1.11D is to train and upgrade minorities and women toward journeymen status. Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training. Do not employ as an apprentice or trainee an employee:
1.In any classification in which the employee has su ccessfully 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 SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Ask the empl oyee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. Your records must show the employee's answers to the questions. In your training program, establish the minimum length and training type for each classification. The Department and FHWA approves a program if one of the following conditions is met:
1.Program is calculated to: 1.1. Meet your equal employment opportunity responsibilities. 1.2. Qualify the average apprentice or t rainee for journeyman status in the classification involved by the end of the training period.
2.Program is registered with the US Department of Labor, Bureau of Apprenticeship and Training and it is administered in a way consistent with the equal employm ent responsibilities of federal -aid highway construction contracts. Obtain Department approval for your training program before you start work involving the classification covered by the program. Provide training in the construction crafts, not in clerk -typist or secretarial -type positions. Training is allowed in lower -level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classificati on if significant and meaningful training is provided and approved by the FHWA 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 Department reimburses you 80 cents per hour of training given an employee on this Contract under an approved training program:
1.For on -site training
2.For off -site training if the apprentice or trainee is currently employed under a federal -aid con tract and you do at least one of the following: 2.1. Contribute to the cost of the training 2.2. Provide the instruction to the apprentice or trainee 2.3. Pay the apprentice's or trainee's wages during the off -site training period
3.If you comply with sec tion 7 -1.11D Each apprentice or trainee must:
1.Start training on the project as soon as feasible after the start of work involving the apprentice's or trainee's craft
2.Remain on the project as long as training opportunities exist in the apprentice's o r trainee's work classification or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee:
1.Copy of the program you will comply with in providing the training
2.Certification showing the type and length of training satisfactorily completed Maintain records and submit reports documenting your performance under section 7 -1.11D.
Source: California Standard Specifications, 2024 Edition. Pages 81–116 of 1,372.