Contract - Elecnor Belco Electric, Inc. — Cathedral City City Council, April 23, 2025

SECTION 1300

CONTRACT
THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "City, and Elecnor Belco Electric, Inc., herein referred to as, "Contractor." WITNESSETH:

In consideration of their mutual covenants, the parties hereto agree as follows:

1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for Bid No. B24-75E, Project No. CIP 8752, FEDERAL AID Project NO. HSIPL-5430(034), TRAFFIC SIGNAL IMPROVEMENTS (HSIP CYCLE 9A) (the "Work") in the City of Cathedral City, California. The Work shall be done in strict conformity with this Contract, approved Change Orders, the Invitation to Bid dated March 2, 2025, Instructions to Bidders, permits issued by the City or other agencies, the General and Specific Project Requirements, Standard Specifications, Plans, Referenced Specifications, the General Conditions, Supplementary Conditions the Contractor's Bid dated March 25, 2025, and any addenda thereto (the "Contract Documents") all of which shall be considered a part hereof as though fully set herein.

Contractor will comply with all Federal, State, County, and City of Cathedral City laws, regulations and policies, which are, as amended from time to time, incorporated herein by reference.

3. All work shall be done in a workman like manner and to the satisfaction of the City Engineer.

4. Time is of the essence in Contractor's performance of the Work for this Contract. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within Seventy-Two (72) working days from the date of Notification to Proceed.

In consideration of said Work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid. The total compensation to Contractor for all Work shall not exceed Eight Hundred Fifty Thousand and Eight Hundred Eighty Eight Dollars ($850.888). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Contract Documents.

The Contractor, and any subcontractor engaged by Contractor, shall not pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City up to Two Hundred Dollars (S200.00) for cach calendar day, or fraction thereof, for every workman paid by Contractor or by any subcontractor engaged by Contractor, in violation of this provision (Sections 1770-1777, Labor Code of California).

Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in the Contract Documents, the cost of which shall be paid by Contractor.

Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public.

Agreement 1300-1
Except as otherwise required, Contractor shall concurrently with the execution of this Contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the Contract Documents. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or
Compensation laws of the State of California.
throughout the duration of this Contract shall constitute a material breach of this Contract.

Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national 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 as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this Contract.

12. Contractor also agrees that for contracts in excess of $30,000 that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law.

The Contractor and Sub-Contractors shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC a-276 a-5), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5) and any amendments thereof. The applicable wage rates, which are in effect within 10 days of the bid opening and are set forth in Exhibit A to this Section 1300, shall be used. These wage rates are available from the Wage Determinations Online website at: www.beta.sam.gov. In the event of a discrepancy between the rates set forth in Exhibit A to this Section 1300, the Prevailing rate established by the State Department of Industrial Relations, and the Federal Prevailing rates, the higher of the rates will be used.

This Contract shall not be assignable by Contractor without the written consent of City.

Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed.

In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law.

Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the Work. Contractor must, at Contractor's sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including. without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract.

Agreement 1300-2
The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the Contract.

The Contractor shall maintain all such records in the City of Cathedral City. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.

21. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City 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 Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Contract. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.

Required Contract Provisions for Federal Aid Construction Contracts (FHWA - 1273). This Contract is funded with Federal-Aid Highway funds and is subject to provisions under Title 23 of the United States Code (23 USC). As such, the Contractor agrees to the provisions titled "Required Contract Provisions for Federal Aid Construction Contracts" set forth in Exhibit B to this Section 1300. Additionally, the Contractor agrees to insert he provisions set forth in Exhibit B, unaltered, into each subcontract and further require their inclusion in all lower ier subcontracts excluding purchase orders, rental agreements, and other agreements for supplies or services The Parties agree that, in accordance with the City's Electronic Signature Use Policy, adopted on August 10, 2023, and as amended thereafter, the Parties may use electronic signatures to execute this document. Any use of electronic signatures to execute this document shall comply with the City's Electronic Signature Use Policy, and such signatures shall have the same force and effect as if this Agreement were executed by hand. Signer acknowledges that is has had an opportunity to request and review the City's Electronic Signature Use Policy, and igner agrees to comply with the Electronic Signature Use Policy. Signer agrees to indemnify, defend, and hold the itv harmless from anv claim, damage, or liability associated with transmitting an electronic signature or al electronically signed record by electronic transmission.

IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. "CITY"

CITY OF CATHEDRAL CITY,
a California municipal corporation
By: Dated: (
Charles P. McClendon, City Manager
ATTEST:

Dated:

Tracey R. Hermosillo, CMC,
City Clerk
APPROVED AS TO FORM:

Dated:

Eric Vail, City Attorney
Agreement 1300-3
"CONTRACTOR"
Dated: By:

Name:

Title:

Dated: By:

Name:

Title:
[CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR LIMITED LIABILITY COMPANY, TWO SIGNATURES MUST BE PROVIDED.] Agreement 1300-
"General Decision Number: CA20250025 02/28/2025
Superseded General Decision Number: CA20240025
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Riverside 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)(1).

If the contract is entered |. Executive Order 14026
into on or after January 30, generally applies to the | 2022, or the contract is contract.
renewed or extended (e.g., an. The contractor must pay
option is exercised) on or | all covered workers at
after January 30, 2022: | least $17.75 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 2025.

Agreement 1300-5
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
http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date
01/03/2025
01/10/2025
01/24/2025
02/07/2025
02/21/2025
02/28/2025
ASBE0005-002 09/01/2023
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.
loors, ceilings and curtair
walls). ...$ 36.97 20.36
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
Agreement 1300-6
BOIL0092-003 01/01/2024
Rates Fringes
BOILERMAKER $ 51.98 42.11
* BRCA0004-011 05/01/2024
Rates Fringes
BRICKLAYER; MARBLE SETTER.... ..$ 45.53 20.29
*The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nin Palms, Needles and 1-15 corridor (Barstow to the Nevad
State Line) will be Three Dollars (S3.00) above the
tandard San Bernardino/Riverside County hourly wage rate * BRCA0018-004 06/01/2024
Rates Fringes
MARBLE FINISHER. ...$43.38 15.36
TILE FINISHER ..$ 37.96 13.77
TILE LAYER $ 51.82 19.32
BRCA0018-010 09/01/2023
Rates Fringes
TERRAZZO FINISHER. $ 39.95 14.65
TERRAZZO WORKER/SETTER. $47.85 15.14
CARP0213-001 01/01/2024
Rates Fringes

CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer... ...$ 48.86 22.88
(2) Millwright... ....$ 49.36 22.88
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)... .......$ 48.99 22.88
(4) Pneumatic Nailer,
Agreement 1300-7
Power Stapler. $ 51.85 16.28
(5) Sawfiler. $51.69 16.28
(6) Scaffold Builder... ...$ 40.77 22.38
(7) Table Power Saw
Operator. $ 51.70 16.28
trench against which concrete is poured, namely, as :
substitute for back forms (which work is performed b
CARP0213-002 07/01/2021
Rates Fringes
Diver
(1) Wet. .$ 834.40 16.28
(2) Standby. ..$445.84 16.28
(3) Tender. $ 437.84 16.28
(4) Assistant Tender. ..$ 413.84 16.28
Amounts in ''''Rates' column are per day
CARP0213-004 01/01/2024
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER…S 48.86 22.88
STOCKER/SCRAPPER ..S 20.80 9.97
CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer.....$ 21.85 7.15
ELEC0440-001 12/30/2024
Rates Fringes

ELECTRICIAN
INSIDE ELECTRICIAN. ....$ 56.26 3%+28.48

INTELLIGENT TRANSPORTATION

SYSTEMS
Electrician... ..$ 36.99 3%+23.18
Technician. .$ 27.75 3%+23.18
Agreement 1300-8
ZONE PAY: Zone A: Free travel zone for all contractors
performing work in Zone A.

Zone B:Any work performed in Zone (B) shall add $12.00 per hour to the current wage scale. Zone (B) shall be the area from the eastern perimeter of Zone (A) to a line which runs north and south begininng at Little Morongo Canyon (San Bernardino/Riverside County Line), Southeast along the
Coachella Tunnels, Colorado River Aqueduct and Mecca
Tunnels to Pinkham Wash then South to Box Canyon Road, then southwest along Box Canyon Road to Highway 195 west onto 195 south to Highway 86 to Riverside/Imperial County Line.

ELEC1245-001 01/01/2025
Rates Fringes

LINE CONSTRUCTION
(1) Lineman; Cable splicer…s 70.16 24.71
(2) Equipment specialis
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment). ..$ 53.30 22.26
(3) Groundman. $ 40.76 21.76
(4) Powderman .$ 51.87 18.79
ELEV0018-001 01/01/2025
Rates Fringes
ELEVATOR MECHANIC S 69.43 38.435+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.

ENGI0012-004 08/01/2024
Agreement 1300-9
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
1) Leverman $ 64.10 38.75
2) Dredge dozer ..$58.13 38.75
(3) Deckmate.. ..$ 58.02 38.75
(4) Winch operator (stern
winch on dredge).. ..$ 57.47 38.75
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand..... $ 56.93 38.75
(6) Barge Mate. ...$ 57.54 38.75
ENGI0012-024 07/01/2023
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1.... .$ 53.90 32.80
GROUP 2... .$ 54.68 32.80
GROUP 3... .$ 54.97 32.80
GROUP 4. .$ 56.46 32.80
GROUP 6. $ 56.68 32.80
GROUP 8. $ 56.79 32.80
GROUP 10 .$ 56.91 32.80
GROUP 12 .$ 57.08 32.80
GROUP 13 .$ 57.18 32.80
GROUP 14 .$ 57.21 32.80
GROUP 15.. .$ 57.29 32.80
GROUP 16 $ 57.41 32.80
GROUP 17.. .$ 57.58 32.80
GROUP 18 .$ 57.68 32.80
GROUP 19.. .$ 57.79 32.80
GROUP 20. .$ 57.91 32.80
GROUP 21.. .$ 58.08 32.80
GROUP 22.. .$ 58.18
GROUP 23.... ...$ 58.29 32.80
GROUP 24. ..$ 58.41 32.80
GROUP 25 ........$ 58.58 32.80
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1.. ..$ 55.25 32.80
GROUP 2.. .$ 56.03 32.80
GROUP 3.. $ 56.32 32.80
GROUP 4. $ 56.46 32.80
GROUP 5... $ 56.68 32.80
GROUP 6.... ..$ 56.79 32.80
GROUP 7.... ..$ 56.91 32.80
Agreement 1300-10
GROUP 8.. .$ 57.08 32.80
GROUP 9. .$ 57.25 32.80
GROUP 10. .$ 58.25 32.80
GROUP 11. ..$ 59.25 32.80
GROUP 12 .$ 60.25 32.80
GROUP 13. ....$ 61.25 32.80
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1... ...$ 55.75 32.80
GROUP 2. .$ 56.53 32.80
GROUP 3.. .$ 56.82 32.80
GROUP 4.. .$ 56.96 32.80
GROUP 5... .$ 57.18 32.80
GROUP 6.. $ 57.29 32.80
GROUP 7.. .$ 57.41 32.80
PREMIUM PAY:
$10.00 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Rescrve, Vandenberg AFB, Point Arguello, Secly Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.

SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS

POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank
operator);Coil Tubing Rig 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 Agreement 11-0081
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);Direct Push
Operator (Geoprobe or similar types) Drilling machine
operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types -
(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 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 tvpe): Drilling machine operator
bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter( concrete or asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
Agreement 1300-12
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 types; Cable Bundling Machine Operator
(excluding handheld); Cable Trenching Machine Operator
(Spider Plow or similar types) 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); Pumpcrete gun operator; RCM Cementing Unit Operator, Rail/Switch Grinder Operator (Harsco or similar types)
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,
manutacturer'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 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.

Agreement 1300-13
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 vds. and up to 50 yds. struck). Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 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)
Agreement 1300-14
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 vds. and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 21: Rubber-tired earth-moving 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)
Agreement 1300-15
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); Spyder Excavator Operator, with all attachments

CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity; Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity; Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Agreement 1300-16
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.);
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 ons 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) ; Tower crane operator and tower gantry
GROUP 12: Crane operator (over 200 tons up to and including 00 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 hvdraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Agreement 1300-17
Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator

ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:

That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.

Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of TIIN, SBM to SW corner of TIIN, R7W, SBM.

Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, RIE, SBM.

Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, RIE, SBM. Continue E along south boundary of TIs, SBM (Riverside County Line) to SW corner of TIS, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM.

Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state Agreement 1300-18
line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, TI7N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:

That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of 130S, R17E, MDM. Continue S to SW corner of 131S, 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 T&N, 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
ntersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM.

Continue SSE along the entire western boundary of Inyo County, Agreement 1300-19
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, TION, R22E, MDM.

REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
IRON0433-006 01/01/2025
Rates Fringes

IRONWORKER
Fence Erector. ..$ 45.78 26.51
Ornamental, Reinforcing
and Structural. ....$ 50.70 35.15
PREMIUM PAY:
$9.00 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 Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock LABO0300-005 07/01/2024
Rates Fringes
Asbestos Removal Laborer. ...$ 43.88 25.13
SCOPE OF WORK: Includes site mobilization, initial site Agreement 1300-20
cleanup, site preparation, removal of asbestos-containing fabrication of temporary wooden barriers and assembly of decontamination stations.

LAB00345-001 07/01/2024
Rates Fringes

LABORER (GUNITE)
GROUP 1. .$ 53.48 22.77
GROUP 2 .$ 52.53 22.77
GROUP 3 $ 48.99 22.77
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
LABO1184-001 07/01/2024
Rates Fringes
Laborers: (HORIZONTAL

DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 45.34 20.06
(2) Vehicle Operator/Hauler.$ 45.51 20.06
(3) Horizontal Directional
rill Operator. ....$ 47.36 20.06
4) Electronic Trackins
Agreement 1300-21
Locator. ...$ 49.36 20.06
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1. ..$ 46.65 23.17
GROUP 2 $ 47.95 23.17
GROUP 3 .$ 49.96 23.17
GROUP 4. .$ 51.70 23.17

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 GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
LABO1184-002 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
Agreement 1300-22

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 mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane 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, Agreement 1300-23
pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(''applying''' means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing;
Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 Ibs. 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 other types of mechanical drills without regard to the form of motive power; Toxic waste removal

TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) Agreement 1300-24
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 * LABO1184-004 07/01/2024
Rates Fringes
Brick Tender. $ 41.53 22.54
LABO1414-001 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 07/01/2023
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)... ..$ 29.59 17.12
(2) All Other Work. $ 38.52 18.64
commercial establishments as part of hotel service, and sports facilities.

PAIN0036-008 09/01/2024
Agreement 1300-25
Rates Fringes
DRYWALL FINISHER/TAPER. .$ 49.33 26.82
PAIN0036-015 06/01/2024
Rates Fringes
GLAZIER. $ 58.00 26.25
FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
PLAS0200-009 08/03/2022
Rates Fringes
PLASTERER. $ 47.37 19.64
PLAS0500-002 07/01/2023
Rates Fringes
CEMENT MASON/CONCRETE FINISHER..$ 44.00 27.11
PLUM0016-001 09/01/2024
Rates Fringes

PLUMBER/PIPEFITTER
and removing new aditions
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space...... 25.63
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work.. ..... $44.24 23.96
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
Agreement 1300-26
commercial, tenant
improvement and remodel
work.. ..$ 59.48 26.61
PLUM0345-001 09/01/2023
Rates Fringes

PLUMBER
Landscape/Irrigation Fitter.$ 40.20 25.90
Sewer & Storm Drain Work...$ 44.29 23.28
ROOF0036-002 08/01/2024
Rates Fringes
ROOFER. ..$ 49.43 20.58
FOOTNOTE: Pitch premium: Work on which employees are exposed po phich funes or paired and pich pitch basing coal
harpich, th printing rev shall receive S1. 75 per
SFCA0669-002 01/01/2025
Rates Fringes
SPRINKLER FITTER $ 47.45 28.50
SHEE0105-003 01/01/2025
LOS ANGELES (South of a straight line drawn between Gorman and ig Pines)and Catalina Island, INYO, KERN (Northeast part, Eas f Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIE Rates Fringes

SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work.. ......$ 59.31 30.43
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
Agreement 1300-27
systems for human comfort...S 56.95 30.04
TEAM0011-002 07/01/2024
Rates Fringes

TRUCK DRIVER
GROUP 1... ..$ 39.59 34.34
GROUP 2. .$ 39.74 34.34
GROUP 3.. $ 39.87 34.34
GROUP 4. .$ 40.06 34.34
GROUP 5.. $ 40.09 34.34
GROUP 6.. $ 40.12 34.34
GROUP 7. .$ 40.37 34.34
GROUP 8.. .$ 40.62 34.34
GROUP 9.. $ 40.82 34.34
GROUP 10.. $41.12 34.34
GROUP 11. .$ 41.62 34.34
GROUP 12. .$ 42.05 34.34
WORK ON ALL MILITARY BASES:

PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]

TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; 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
Agreement 1300-28
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over
GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after 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 Agreement 1300-29
(29CFR 5.5 (a) (1) (1li)).

The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.

Union Rate Identifiers
A four-letter identifier beginning with characters other than '''SU"'', 'UAVG"', ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate 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. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the classification.

Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:

UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.

The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.

A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.

Survey Rate Identifiers
Agreement 1300-30
The '''SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the 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. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).

State Adopted Rate Identifiers
The "''SA'" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to Agreement 1300-31
[email protected] or by mail to:

Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.

Requests can be submitted via email to [email protected] or by mail 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 an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Requests for review and reconsideration can be submitted via email to [email protected] or by mail to:

Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and 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.

END OF GENERAL DECISION"
Agreement 1300-32
EXHIBIT B TO SECTION 1300
REQUIRED CONTRACT PROVISIONS FHWA-1273 - Revised October 23, 2023

FEDERAL-AID CONSTRUCTION CONTRACTS
General
Nondiscrimination and oried one assistance by horos chores oe garactios under the
Ill. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions contrad by super, salon work, or by subcontract. 23 FR V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. 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 Fundsfor 4. Selection of Labor: During the performance of this contract, Lobbying the contractor shall not use convict labor for any purpose XII. Use of United States-Flag Vessels: within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on ATTACHMENTS parole, supervised release, or probation.

The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.

A. Employment and Materials Preference for Appalachian 23 U.S.C. 101(a).

Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO11246)
I. GENERAL
The provisions of this section related to 23 CFR Part 230,

1. Form FHWA-1273 must be phvsically incorporated in each Subpart A, Appendix A are applicable to all Federal-aid construction contract funded under title 23, United States contracts subcontracts of $10,000 or more. The provisions of 23 CFR Part Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The 230 are not applicable to material supply, engineering, or contractor (or subcontractor) must insert this form in each architectural service contracts. subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements In addition, the contractor and all subcontractors must comply and other agreements for supplies or services). 23 CFR 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. incorporated by reference for work done under any purchase 2000d et seq.), and related regulations including 49 CFR Parts 21,26, and 27; and 23 CFR Parts 200, 230, and 633.
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 The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- CFR 633.102(e).

1.4(b) and, for all construction contracts exceeding $10,000 Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts Construction Contract Specifications in 41 CFR 60-4.3. (excluding subcontracts for design services, purchase orders ental agreements and other agreements for supplies o Note: The U.S. Department of Labor has exclusive authority t services) in accordance with 23 CFR 633.102. The design- determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and subcontractor, lower-tier subcontractor or service provider. any sentina an a us an entire no a te
Contracting agencies may reference FHWA-1273 in
solicitation-for-bids request-for-proposals documents Rehabilitation Act of 1973, as amended (29 U.S.C. 794), an Title VI of the Civil Rights Act of 1964, as amended (42 U.S.( however, the Form FHWA-1273 must be physically incorporated 2000d et seq.), and related regulations including 49 CFR Parts (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements 21,26, and 27; and 23 CFR Parts 200, 230, and 633. and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). he following provision is adopted from 23 CFR Part 230 Subpart A, Appendix A, with appropriate revisions to conforr

2. Subject to the applicability criteria noted in the following to the U.S. Department of Labor (US DOL) and FHWA sections, these contract provisions shall apply to all work requirements.

Agreement 1300-33

1. Equal Employment Opportunity: Equal Employment d. Notices and posters setting forth the contractor's EEO Opportunity (EEO) requirements not to discriminate and to policy will be placed in areas readily accessible to employees, take affirmative action to assure equal opportunity as set forth applicants for employment and potential employees. under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR e. The contractor's EEO policy and the procedures to Part 60 and 49 CFR Part 27) and orders of the Secretary of implement such policy will be brought to the attention of Labor as modified by the provisions prescribed herein, and employees by means of meetings, employee handbooks, or imposed pursuant to 23 U.S.C. 140, shall constitute the EEO other appropriate means. 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 contractor will include in all advertisements for employees the seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 notation: Opportunity Employer." are incorporated by reference in this contract. In the execution advertisements will be placed in publications having a large of this contract, the contractor agrees to comply with the circulation among minorities and women in the area from following minimum specific requirement activities ofEEO: which the project work force would normally be derived. a. The contractor will work with the contracting agency and a. The contractor will, unless precluded by a valid the Federal Government to ensure that it has made every conduct systematic and good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. 23 CFR 230.409 (g)(4) & (5). meet this requirement, the contractor will identify sources of potential minority group employees and establish with such b. The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, b. In the event the contractor has a valid bargaining without regard to their race, religion, sex, sexual orientation, agreement providing for exclusive hiring hall referrals, gender identity, color, national origin, age or disability. Such contractor is expected to observe the provisions of that action shall include: employment, upgrading, agreement to the extent that the system meets the contractor's transfer; recruitment recruitment advertising; layoff or EEO contract termination; rates of pay or other forms of compensation; and implementation of such an agreement has the effect of selection apprenticeship, pre- discriminating against minorities or women, or obligates the apprenticeship, and/or on-the-job training." such implementation violates Federal nondiscrimination provisions.

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the c. The contractor will encourage its present employees to responsibility for must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees.

5. Personnel Actions:

3. Dissemination of Policy: All members of the contractor's employee benefits shall be established and administered, and staff who are authorized to hire, supervise, promote, and personnel actions of every type, including hiring, upgrading, discharge employees, or who recommend such action or are promotion, transfer, demotion, layoff, and termination, shall be substantially involved in such action, will be taken without regard to race, color, religion, sex, cognizant of and will implement the contractor's EEO policy orientation, gender identity, national origin, age or disability. and contractual responsibilities to provide EEO in each grade The following procedures shall be followed:
and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities discriminatory treatment of project site
. Periodic meetings of supervisory and personnel offic personnel. nployees will be conducted before the start of work and the contators to prey and sit implemen win wil be b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
reviewed and explained. The meetings will be conducted by vidence of discriminatory wage practices the EEO Officer or other knowledgeable company official. acions in onto it ride all there see person of
discrimination. Where evidence is found, the contractor wil 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 o alleged discrimination made to the contractor in connectior with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action Agreement 1300-34
within a reasonable time. If the investigation indicates that the sufficient referrals (even though it is obligated to provide discrimination may affect persons other than the complainant, exclusive referrals under the terms of a collective bargaining such corrective action shall include such other persons. Upon agreement) does not relieve the contractor from the completion of each investigation, the contractor will inform every requirements of this paragraph. In the event the union referral complainant of all of their avenues of appeal. practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these

6. Training and Promotion: special provisions, such contractor shall immediately notify the contracting agency.
a. The contractor will assist in locating,
skills of minorities women 8. Reasonable Accommodation for Applicants / Employees applicants for employment or current employees. Such efforts with Disabilities: The contractor must be familiar with the at developing full journey level requirements for comply with the Americans with employees in the type of trade or job classification involved. Disabilities Act and all rules and regulations established b. Consistent with the contractor's work force requirements accommodation in all employment activities unless to do so and as permissible under Federal and State regulations, the would cause an undue hardship. contractor shall make full use of training programs (i.e., apprenticeship and on-the-job 9. Selection of Subcontractors, Procurement of Materials geographical area of contract performance). In the event a Leasing of Equipment:
special provision for training is provided under this contract, discriminate on the grounds of race, color, religion, sex, sexual this subparagraph will be superseded as indicated in the orientation, gender identity, national origin, age, or disability in special selection subcontractors, including
training positions for persons who receive welfare assistance procurement of materials and leases of equipment. The in accordance with 23 U.S.C. 140(a). contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. c. The contractor will advise employees and applicants for employment of available training programs and entrance a. The contractor shall notify all potential subcontractors, requirements for each. suppliers, and lessors of their EEO obligations under this contract.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and b. The contractor will use good faith efforts to ensure women and will encourage eligible employees to apply for subcontractor compliance with their EEOobligations. such training and promotion.

7. Unions: If the contractor relies in whole or in part upon 10. Assurances Required:
unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to a. The requirements of 49 CFR Part 26 and the State increase opportunities for minorities and women. 23 CFR DOT's FHWA-approved Disadvantaged Business Enterprise 230.409. Actions by the contractor, either directly or through a (DBE) program are incorporated by reference. contractor's association as agent, will include
procedures set forth below: b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex a. The contractor will use good faith efforts to develop, in in the performance of this contract. The contractor shall carry cooperation with the unions, joint training programs out applicable requirements of 49 CFR part 26 in the award toward qualifying more minorities and women for membership and administration of DOT-assisted contracts. Failure by the in the unions and increasing the skills of minorities and women contractor to carry out these requirements is a material breach so that they may qualify for higher paying employment. of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
b. The contractor will use good faith efforts to incorporate an appropriate, which may include, but is not limited to:

EEO clause into each union agreement to the end that such (1) Withholding monthly progress payments; union will be contractually bound to refer applicants without (2) Assessing sanctions; regard to their race, color, religion, sex, sexual orientation, (3) Liquidated damages; and/or gender identity, national origin, age, or disability. (4) Disqualifying the contractor from future bidding as non- esponsible.

The contractor is to obtain information as to the referr:
actices and policies of the labor union except that to th extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such formation to the contractor, the contractor shall so certify to he 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, a. The records kept by the contractor shall document the following:
efforts to obtain qualified
minorities and women. The failure of a union to provide Agreement 1300-35
(1) The number and work hours of minority and non- Projects funded under 23 U.S.C. 117, and National Highway minority group members and women employed in each work Freight Program projects funded under 23 U.S.C. 167. classification on the project;
The following provisions are from the U.S. Department of Labor (2) The progress and efforts being made in cooperation regulations in 29 CFR 5.5 "Contract provisions and related with unions, when applicable, to increase employment
matters" with minor revisions to conform to the FHWA- 1273 opportunities for minorities and women; and format and FHWA program requirements. (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. 1. Minimum wages (29 CFR 5.5) b. The contractors and subcontractors will submit an annual a. Wage rates and fringe benefits. All laborers and
report to the contracting agency each July for the duration of mechanics employed or working upon the site of the work (or the project indicating the number of minority, women, and non- minority group employees currently engaged in each work otherwise working in construction or development of the project under a development statute), will be paid
classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
represent the project work force on board in all or any part of (except such payroll deductions as are permitted by
the last payroll period preceding the end of July. If on-the-job regulations issued by the Secretary of Labor under the
training is being required by special provision, the contractor will be required to collect and Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents employment data should reflect the work force on board during thereof due at time of payment computed at rates not less all or any part of the last payroll period preceding the end of 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 III. NONSEGREGATED FACILITIES
and mechanics. As provided in paragraphs (d) and (e) of 29 This provision is applicable to all Federal-aid CFR 5.5, the appropriate wage determinations are effective by construction
operation of law even if they have not been attached to the contracts and to all related construction subcontracts of more contract. Contributions made or costs reasonably anticipated than $10,000. 41 CFR 60-1.5.
for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a considered wages paid to such laborers or mechanics, subject manner that segregation on the basis of race, color, religion, to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use period (but not less often than quarterly) under plans, funds, or by written or oral policies nor tolerate such use by employee programs which cover the particular weekly period, are deemed to be constructively made or incurred during such custom. The contractor's obligation extends further to ensure weekly period. Such laborers and mechanics must be paid the that its employees are not assigned to perform their services at any location under the contractor's control where the facilities appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually are segregated. The term "facilities" includes waiting rooms, time clocks, performed, without regard to skill, except as provided in work areas, restaurants and other eating areas,
locker rooms paragraph 4. of this section. Laborers or mechanics performing restrooms, washrooms, and other storage or
work in more than one classification may be compensated at dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, the rate specified for each classification for the time actually and housing provided for
employees. The contractor shall provide separate or single-user worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in restrooms and necessary dressing or sleeping areas to assure privacy between sexes. which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and IV. DAVIS-BACON AND RELATED ACTPROVISIONS its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

Projecs ice ding 52,000 and to al related said onates cind subcontracts (regardless of subcontract size), in . Frequently recurring classifications. (1) In addition to wag nd fringe benefit rates that have been determined to t
accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is mega determination mace dures, purian 20 SF.3, Wage functionally classified as Federal-aid highway. 23 U.S.C. 113. and fringe benefit rates for classifications of laborers and is excludes roadways functionally classified as local roads ( ral minor collectors. which are exempt. 23 U.S.C. 10
indude Sut 27 US. on Beck Gira Program at eats (i) The work performed by the classification is no performed by a classification in the wage determination fo orojectsl, the Nationally Significant Freiaht and Hiahwav which a prevailing wage rate has been determined; Agreement 1300-36
(il) The classification is used in the area by the under paragraphs 1.c.(3) and (4) of this section. The contractor construction industry; and must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where (iii) The wage rate for the classification bears areasonable relationship to the prevailing wage rates contained in the appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the wage determination.
classification under this contract from the first day on which work is performed in the classification.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c. (1)i) of this section. Work performed in such a classification must be paid d. Fringe benefits not expressed as an hourly rate.

Whenever the minimum wage rate prescribed in the contract at no less than the wage and fringe benefit rate listed on the for a class of laborers or mechanics includes a fringe benefit wage determination for such classification.
which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or c. Conformance. (1) The contracting officer must require that may pay another bona fide fringe benefit or an hourly cash any class of laborers or mechanics, including helpers, which is equivalent thereof. not listed in the wage determination and which is to
employed under the contract be classified in conformance with e. Unfunded plans. If the contractor
wage determination.
payments to a trustee or other third person, the contractor may classification and wage rate and fringe benefits is appropriate consider as part of the wages of any laborer or mechanic the only when the following criteria have been met: amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That (i) The work to be performed by the classification the Secretary of Labor has found, upon the written request of requested is not performed by a classification in the wage the contractor, in accordance with the criteria set forth in determination; and § 5.28, 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 (ii) The classification is used in the area by the
meeting of obligations under the plan or program.
construction industry; and
f. Interest. In the event of a failure to pay all or part of the (iii) The proposed wage rate, including any bona fide fringe wages required by the contract, the contractor will be required benefits, bears a reasonable relationship to the wage rates to pay interest on any underpayment of wages.
contained in the wage determination.

2. Withholding (29 CFR 5.5)
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination. a. Withholding requirements. The contracting agency may. upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold (3) If the contractor and the laborers and mechanics to be or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
representatives, and the contracting officer agree on the necessary to satisfy the liabilities of the prime contractor or any classification and wage rate (including the amount designated subcontractor for the full amount of wages and monetary relief, for fringe benefits where appropriate), a report of the action including interest, required by the clauses set forth in this taken will be sent by the contracting officer section for violations of this contract, or to satisfy any such [email protected]. liabilities required by any other Federal contract, or federally authorized representative, will approve, modify, or disapprove assisted contract subject to Davis-Bacon labor standards, that every additional classification action within 30 days of receipt is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under contracting officer within the 30-day period that additional time this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is (4) In the event the contractor, the laborers or mechanics to held by the same prime contractor, regardless of whether the be employed in the classification or their representatives, and other contract was awarded or assisted by the same agency, the contracting officer do not agree on the proposed and such funds may be used to satisfy the contractor liability classification and wage rate (including the amount designated for which the funds were withheld. In the for fringe benefits, where appropriate), the contracting officer contractor's failure to pay any laborer or mechanic, including will, by email to [email protected]. refer the any apprentice or helper working on the site of the work all or questions, including the views of all interested parties and the part of the wages required by the contract, or upon the recommendation of the contracting officer, to the Administrator contractor's failure to submit the required records as discussed for determination. The Administrator, in paragraph 3.d. of this section, the contracting agency may representative, will issue a determination within 30 days of on its own initiative and after written notice to the contractor, receipt and so advise the contracting officer or will notify the take such action as may be necessary to cause the contracting officer within the 30-day period that additional time suspension of any further payment, advance, or guarantee of is necessary. funds until such violations have ceased.
(5) The contracting officer must promptly notify the b. Priority to withheld funds. The Department has priority to contractor of the action taken by the Wage and Hour Division funds withheld or to be withheld in accordance with paragraph Agreement 1300-37

2.a. of this section or Section V, paragraph 3.a., or both, over agency. The prime contractor is responsible for the submission claims to those funds by: of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to (1) A contractor's surety(ies), including without limitation submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic performance bond sureties and payment bond sureties;
signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified (2) A contracting agency for its reprocurementcosts; payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in (3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's situations where the contractor is unable or limited in its ability to use or access the electronic system.
bankruptcy estate;
2) Information required. The certified payrolls submitted (4) A contractor's assignee(s);
must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this (5) A contractor's successors); or section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the (6) A claim asserted under the Prompt Payment Act, 31 certified payrolls need only include an individually identifying U.S.C. 3901-3907. worker (e.g., the last four digits of the Social Security number). required weekly

3. Records and certified payrolls (29 CF5.5) certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour a. Basic record requirements (1) Length of record retention. Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a maintained by the contractor and any subcontractor during the violation of this section for a prime contractor to require a of the work and preserved for subcontractor to provide full Social Security numbers and last mechanics working at the site of the work (or otherwise known addresses, telephone numbers, and email addresses to working in construction or development of the project under a the prime contractor for its development statute) for a period of at least 3 years after all submission by the subcontractor to the contracting agency. the work on the prime contract is completed.
(3) Statement of Compliance. certified
(2) Information required. Such records must contain the submitted must be accompanied by a "Statement of name; Social Security number; last known address, telephone Compliance," signed by the contractor or subcontractor, or the and email address of each such worker; each contractor's or subcontractor's agent who pays or supervises worker's correct classification(s) of work actually performed: the payment of the persons working on the contract, and must hourly rates of wages paid (including rates of contributions or certify the following:
anticipated for bona fide fringe
thereof of the types described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act); daily and weekly number (i) That the certified payroll for the payroll period contains of hours actually worked in total and on each covered contract; the information required to be provided under paragraph 3.b. deductions made; and actual wages paid. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the (ii) That each laborer or mechanic (including each helper amount of any costs reasonably anticipated in providing and apprentice) working on the contract during the payroll benefits under a plan or program described in 40 U.S.C. period has been paid the full weekly wages earned, without 3141(2)(B)_of the Davis-Bacon Act, the contractor must rebate, either directly or indirectly, and that no deductions maintain records which show that the commitment to provide have been made either directv or indirectv from the full such benefits is enforceable, that the plan or program is wages earned, other than permissible deductions as set financially responsible, and that the plan or program has been forth in 29 CFR part 3; and 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.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method Agreement 1300-38
(5) Signature. signature by contractor, of each covered worker, and must provide them upon request subcontractor, or the contractor's or subcontractor's agent to the contracting agency, the State DOT, the FHWA, the must be an original handwritten signature or a legally valid contractor, or the Wage and Hour Division of the Department of electronic signature. Labor for purposes of an investigation or other compliance action.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to 4. Apprentices and equal employment opportunity (29 CFR civil or criminal prosecution under 18 U.S.C. 1001 and 31 5.5) U.S.C. 3729.
a. Apprentices (1) Rate of pay. Apprentices will be permitted (7) Length of certified payroll retention. The contractor or to work at less than the predetermined rate for the work they subcontractor must preserve all certified payrolls during the perform when they are employed pursuant to and individually course of the work and for a period of 3 years after all the work registered in a bona fide apprenticeship program registered on the prime contract is completed. with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is c. Contracts, subcontracts, and related documents.
not individually registered in the program, but who has been contractor or subcontractor must maintain this contract or certified by the OA or a State Apprenticeship Agency (where and related documents
appropriate) to be eligible for probationary employment as an limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve aredetermined rate for the work they perform in the first 90 these contracts, subcontracts, and related documents during days of probationary employment as an apprentice in such a the course of the work and for a period of 3 years after all the program. In the event the OA or a State Apprenticeship
work on the prime contract is completed. Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be d. Required disclosures and access (1) Required record apprentices at less than the applicable predetermined rate for the work performed until an acceptable records required program is approved.
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the (2) Fringe benefits. Apprentices must be paid fringe benefits determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe representatives of the contracting agency, the State DOT, the benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different HWA, or the Department of Labor, and must permit such practice prevails for the applicable apprentice classification, representatives to interview workers during working hours on benefits must be paid in accordance (2) Sanctions for non-compliance with records and worker (3) Apprenticeship ratio. The allowable ratio of apprentices to access requirements. If the contractor or subcontractor fails to journeyworkers on the job site in any craft classification must submit the required records or to make them available, or not be greater than the ratio permitted to the contractor as to refuses to permit worker interviews during working hours on the job, the Federal the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph contractor, sponsor, applicant, owner, or other entity, as the

4.a.(4) of this section. Any worker listed on a payroll at an case may be, that maintains such records or that employs apprentice wage rate, who is not registered or otherwise such workers, take such action as may be necessary to cause employed as stated in paragraph 4.a.(1) of this section, must the suspension of any further payment, advance, or guarantee be paid not less than the applicable wage rate on the wage of funds. Furthermore, failure to submit the required records determination for the classification of work actually performed. upon request or to make such records available, or to permit In addition, any apprentice performing work on the job site in worker interviews during working hours on the job, may be excess of the ratio permitted under this section must be paid grounds for debarment action pursuant to § 5.12. In addition, not less than the applicable wage rate on the determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number b. Equal employment opportunity. The use of apprentices and last known address, telephone number, and email address and journeyworkers under this part must be in conformity with Agreement 1300-39
the equal employment opportunity requirements of Executive b. No part of this contract shall be subcontracted to any Order 11246, as amended, and 29 CFR part 30. person or firm ineligible for award of a Government contract by virtue of 40 U.S.C, 3144(b) or § 5.12(a).
c. Apprentices and Trainees (programs of the U.S. DOT). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 Apprentices and trainees working under apprenticeship and U.S.C. 1001. skill training programs which have certified by the
Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject 11. Anti-retaliation. It is unlawful for any person to discharge, to the requirements of paragraph 4 of this Section IV. 23 CFR demote, intimidate, threaten, restrain, coerce, blacklist, harass, 230.111(e)(2). The straight time hourly wage rates for or in any other manner discriminate against, or to cause any apprentices and trainees such programs will person to discharge, demote, intimidate, threaten, restrain, established by the particular programs. The ratio of apprentices coerce, blacklist, harass, or in any other manner discriminate and trainees to journeyworkers shall not be greater than against, any worker or job applicantfor:
permitted by the terms of the particular program.
a. Notifying any contractor of any conduct which the worker

5. Compliance with Copeland requirements. reasonably believes constitutes a violation of the DBA, Related contractor shall comply with the requirements of 29 CFR part Acts, this part, or 29 CFR part 1 or 3; 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on

6. Subcontracts. The contractor or subcontractor must insert behalf of themselves or others any right or protection under the FHWA-1273 in any subcontracts, along with the applicable DBA. Related Acts, this part. or 29 CFR part 1 or 3 wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate c. Cooperating in any investigation or other compliance instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any action, or testifying in any proceeding under the DBA, Related lower tier subcontracts. The prime contractor is responsible for Acts, this part, or 29 CFR part 1 or 3; or the compliance by tier
subcontractor with all the contract clauses in this section. In d. Informing any other person about their rights underthe the event of any violations DBA, Related Acts, this part, or 29 CFR part 1 or 3. contractor and any subcontractors) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers V.CONTRACT WORK HOURS AND SAFETY STANDARDS
of lower-tier subcontractors, and may be subject to debarment, ACT
as appropriate. 29 CFR 5.5.

Pursuant to 29 CFR 5.5(b), the following clauses apply to any

7. Contract termination: debarment. A breach of the contract Federal-aid construction contract in an amount in excess of clauses in 29 CFR 5.5 may be grounds for termination of the $100,000 and subject to the overtime provisions of the Contract contract, as a contractor
subcontractor as provided in 29 CFR5.12. 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

8. Compliance with Davis-Bacon and Related Act mechanics include watchpersons and guards. requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5

1. Overtime requirements. No contractor or subcontractor are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 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

9. Disputes concerning labor standards. As provided in 29 workweek in which he or she is employed on such work to CFR 5.5, disputes arising out of the labor standards provisions 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

2. Violation; liability for unpaid wages; liquidated damages.

In the event of any violation of the clause set forth in subcontractor responsible therefor shall be liable for the

10. Certification of eligibility. a. By entering into this contract, unpaid wages and interest from the date of the underpayment. the contractor certifies that neither it nor any person or firm In addition. such contractor and subcontractor shall be liable to who has an interest in the contractor's firm is a person or firm the United States (in the case of work done under contract for ineligible to be awarded Government contracts by virtue of 40 the District of Columbia or a territory, to such District or to such U.S.C. 3144(b) or § 5.12(a). territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or Agreement 1300-40
mechanic, including watchpersons and guards, employed in event of any violations of these clauses, the prime contractor and violation of the clause set forth in paragraph 1. of this section, any subcontractors) responsible will be liable for any unpaid in the sum currently provided in 29 CFR 5.5(b)(2)* for each wages and monetary relief, including interest from the date of the calendar underpayment or loss, due to any workers of lower- tier permitted to work in excess of the standard workweek of forty subcontractors, and associated liquidated damages and may be hours without payment of the overtime wages required by the subject to debarment, as appropriate. clause set forth in paragraph 1. of this section.

5. Anti-retaliation. It is unlawful for any person to discharge, * $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may demote, intimidate, threaten, restrain, coerce, blacklist, harass, be adjusted annually by the Department of Labor, pursuant to or in any other manner discriminate against, or to cause any the Federal Civil Penalties Inflation Adjustment Act of 1990. person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicantfor:

3. Withholding for unpaid wages and liquidated damages
a. Notifying any contractor of any conduct which the worker a. Withholding process. The FHWA or the contracting reasonably believes constitutes a violation of the Contract agency may, upon its own action, or must, Work Hours and Safety Standards Act (CWHSSA) or its request of an authorized representative of the Department of implementing regulations in this part;
Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances
considered necessary to satisfy the liabilities of the prime b. Filing any complaint, initiating or causing to be initiated contractor or any proceeding, or otherwise asserting or seeking to assert on monetary relief, including interest; and liquidated damages behalf of themselves or others any right or protection under required by the clauses set forth in this section on this CWHSSA or this part; contract, 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 that is held c. Cooperating in any investigation or other compliance by the same action, or testifying in any proceeding under CWHSSA orthis prime contractor (as defined in §5.2). The part; or
necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is d. Informing any other person about their rights under subject to the Contract Work Hours and Safety Standards Act CWHSSA or this part. and is same prime contractor, regardless of
whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
VI. SUBLETTING OR ASSIGNING THE CONTRACT
contractor liability for which the funds were withheld. his provision is applicable to all Federal-aid constructio b. Priority to withheld funds. The Department has priority to ontracts on the National Highway System pursuant to 23 CFl funds withheld or to be withheld in accordance with Section IV 635.116. paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by: 1. The contractor shall perform with its own organization contract (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurementcosts;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; a. The term "perform work with its own organization" in paragraph 1 of Section VI refers to workers employed or (4) A contractor's assignee(s); 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
(5) A contractor's successors); or subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include (6) A claim asserted under the Prompt Payment Act, 31 payments for the costs of hiring leased employees from an U.S.C. 3901-3907. 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

4. Subcontracts. The contractor or subcontractor must insert in following conditions: (based on longstanding interpretation) any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the (1) the prime contractor maintains control over the subcontractors to include these clauses in any lower tier supervision of the day-to-day activities of the leased subcontracts. The prime contractor is responsible for
employees
compliance by any subcontractor or lower tier subcontractor (2) the prime contractor remains responsible for the quality with the clauses set forth in paragraphs 1. through 5. In the of the work of the leased employees; Agreement 1300-41
(3) the prime contractor retains all power to accept or health standards (29 CFR Part 1926) promulgated by the exclude individual employees from work on the project; and Secretary of Labor, in accordance with Section 107 of the (4) the prime contractor remains ultimately responsible for Contract Work Hours and Safety Standards Act (40 U.S.C the payment 3704). 29 CFR 1926.10.
submission of payrolls, statements of compliance and all other Federal regulatory requirements. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract Secretary of Labor or authorized representative
b. "Specialty Items" shall be construed to be limited to work thereof, shall have right of entry to any site of contract that requires highly specialized knowledge, abilities, or formance to inspect or investigate the matter of compliar equipment not ordinarily available in the type of contracting th the construction safety and health standards and to ca organizations qualified and expected to bid or propose on the out the duties of the Secretary under Section 107 of the contract as a whole and in general are to be limited to minor Contract Work Hours and Safety Standards Act (40 U.S.C. 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 VIII. FALSE STATEMENTS CONCERNING HIGHWAY is computed includes the cost of material and manufactured PROJECTS products which are to be purchased or produced by the
contractor under the contract provisions. This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed order to assure high quality and durable construction by the firm, has full authority to direct performance of the work onformity with approved plans and specifications and a hig in accordance with the contract requirements, and is in charge degree of reliability on statements and representations made by of all construction operations (regardless of who performs the engineers, contractors, suppliers, and workers on Federal- aid work) and (b) such other of its own organizational resources highway projects, it is essential that all persons concerned with (supervision, management, and engineering services) as the the project perform their functions as carefully, thoroughly, and contracting determines assure the possible. Willful falsification, distortion, performance of the contract. misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding

4. No portion of the contract shall regarding the seriousness of these and similar acts, Form otherwise disposed of except with the written consent of the FHWA-1022 shall be posted on each Federal-aid highway contracting officer, or authorized representative, and such project (23 CFR Part 635) in one or more places where it is consent when given shall not be construed to relieve the readily available to all persons concerned with the project:
contractor of any responsibility for the fulfillment of the contract. Written consent will be given
contracting agency has assured 18 U.S.C. 1020 reads as follows:
evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- "Whoever, being an officer, agent, or employee of the United standing interpretation of 23 CFR 635.116). States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any

5. The 30-percent self-performance requirement of paragraph false statement, false representation, or false report as to the (1) is not applicable to design-build contracts; however, character, quality, quantity, or cost of the material used or to be contracting agencies may establish their own self-performance used, or the quantity or quality of the work performed or to be requirements. 23 CFR 635.116(d). performed, or the cost thereof in connection with the submission maps, specifications,
construction on any highway or related project submitted for VII. SAFETY: ACCIDENT PREVENTION approval to the Secretary of Transportation; or This provision is applicable to all Federal-aid construction Whoever knowingly makes any false statement, contracts and to all related subcontracts. 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 ith all applicable Federal, State, and local laws governin pret proved by satan an anaton, or relied ealth, and sanitation (23 CFR Part 635). Th
Vhoever knowingly makes any false statement or fals
presentation as to material fact in any statement, certificat work covered by the contract. 23 CFR 635.108.

Shall be fined under this title or imprisoned not more than 5

2. It is a condition of this contract, and shall be made a condition years or both." of each subcontract, which the contractor enters into pursuant to work in surroundings
unsanitary, hazardous
Agreement 1300-42
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738) "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this clause, are defined This provision is applicable to all Federal-aid construction in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. contracts in excess of $150,000 and to all related "First Tier Covered Transactions" refers to any covered subcontracts. 48 CFR 2.101; 2 CFR 200.327. transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract).

By submission of this bid/proposal or the execution of this "Lower Tier Covered Transactions" refers to any covered contract or subcontract, as appropriate, the bidder, proposer, transaction under a First Tier Covered Transaction (such as Federal-aid construction contractor, subcontractor, supplier, or subcontracts). "First Tier Participant" refers to the participant vendor agrees to comply with all applicable standards, orders or who has entered into a covered transaction with a recipient or regulations issued pursuant to the Clean Air Act (42 U.S.C. subrecipient of Federal funds (such as the prime or general 7401-7671q) and the Federal Water Pollution Control Act, as contractor). "Lower Tier Participant" refers any participant who amended (33 U.S.C. 1251-1387). Violations must be reported to entered into a covered transaction with a First Tier the Federal Highway Administration and the Regional Office of Tier Participants the Environmental Protection Agency. 2 CFR Part subcontractors and suppliers).

Appendix II.
f. The prospective first tier participant agrees by submitting The contractor agrees to include or cause to be included the this proposal that, should the proposed covered transaction be requirements of this Section in every subcontract, and further entered into, it shall not knowingly enter into any lower tier agrees to take such action as the contracting agency
direct as a means of enforcing such requirements. 2 CFR suspended, declared ineligible, or voluntarily excluded from the department or agency entering into this transaction. ( CERTIFICATION REGARDING DEBARMENT
SUSPENSION, INELIGIBILITY AND VOLUNTARY g. The prospective first tier participant further agrees by EXCLUSION submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility This provision is applicable to all Federal-aid and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering subcontracts, purchase orders, lease agreements, consultant into this covered transaction, without modification, in all lower contracts or any other covered transaction requiring FHWA tier covered transactions and in all solicitations for lower tier approval or that is estimated to cost $25,000 or more - as covered transactions exceeding the $25,000 threshold. 2 CFR defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered

1. Instructions for Certification - First Tier Participants: transaction that is suspended, ineligible, or voluntarily excluded from the covered transaction, unless it a. By signing and submitting this proposal, the prospective knows that the certification is erroneous. 2 CFR 180.300; first tier participant is providing the certification set out below. ensuring that its principals are not suspended, debarred, or b. The inability of a person to provide the certification set out otherwise ineligible to participate in covered transactions. 2 below will not necessarily result in denial of participation in this To verify the eligibility of its principals, as well covered transaction. The prospective first tier participant shall as the eligibility of any lower tier prospective participants, each submit an explanation of why it cannot provide the certification participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR
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 i. Nothing contained in the foregoing shall be construed to certification or an explanation shall disqualify such a person require the establishment of a system of records in order to from participation in this transaction. 2 CFR 180.320. render in good faith the certification required by this clause.

The knowledge and information of the prospective participant c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting as not rent person in the oral chicken make resid ye agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered j. Except for transactions authorized under paragraph (f) of an erroneous certification, in addition to these instructions, if a participant in a covered transaction available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR other remedies available to the Federal Government, the d. The prospective first tier participant shall provide department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
****-
circumstances. 2 CFR 180.345 and 180.350.

Agreement 1300-43

2. Certification Regarding Debarment, Suspension, this transaction originated may pursue available remedies, Ineligibility and Voluntary Exclusion - First Tier including suspension and/or debarment.

Participants:
c. The prospective lower tier participant shall provide a. The prospective first tier participant certifies to the best of its immediate written notice to the person to which this proposal is knowledge and belief, that it and its principals: submitted if at any time the prospective lower tier participant that its certification was erroneous reason of
(1) Are not presently debarred, suspended, proposed for changed circumstances. 2 CFR 180.365. debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;- "suspended " "ineliaible " "participant." "person." "principal." and "voluntarily excluded," as used in this clause, are defined 2) Have not within a three-year period preceding in 2 CFR Parts 180, Subpart I, 180.900 - 180.1020, and 1200. proposal been convicted of or had a civil judgment rendered the person to which this proposal is against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing regulations. "First Tier Covered Transactions" refers to any a public (Federal, State, or local) transaction or contract under covered transaction between a recipient or subrecipient of a public transaction; violation of Federal or State antitrust Federal funds and a participant (such as the prime or general "Lower Tier Covered Transactions" refers to any
bribery, falsification or destruction of records, making false covered transaction under a First Tier Covered Transaction statements, or receiving stolen property, 2 CFR 180.800; (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a (3) Are not presently indicted for or otherwise criminally or recipient or subrecipient of Federal funds (such as the prime or civilly charged by a governmental entity (Federal, State or general contractor). Tier Participant refers any local) with commission of any of the offenses enumerated in participant who has entered into a covered transaction with a paragraph (a)(2) of this certification, 2 CFR 180.700 and First Tier Participant or other Lower Tier Participants (such as 180.800; and
(4) Have not within a three-year period preceding this e. The prospective lower tier participant agrees by application/proposal had one or more public transactions submitting this proposal that, should the proposed covered (Federal, State or local) terminated for cause or default. 2 transaction be entered into, it shall not knowingly enter into CFR 180.335(d). any lower tier covered transaction with a person who is (5) Are not a corporation that has been convicted of a felony excluded from participation in this covered transaction, unless violation under any Federal law within the two-year period authorized by the department or agency with which this preceding this proposal (USDOT Order 4200.6 implementing transaction originated. 2 CFR 1200.220 and 1200.332. appropriations act requirements); and
f. The prospective lower tier participant further agrees by (6) Are not a corporation with any unpaid Federal tax liability submitting this proposal that it will include this clause titled assessed. "Certification Regarding Debarment, Suspension, Ineligibility administrative remedies have been exhausted, or have lapsed, and Voluntary Exclusion-Lower Tier Covered Transaction, and that is not being paid in a timely manner pursuant to an without modification, in all lower tier covered transactions and agreement with the authority responsible for collecting the tax in all solicitations for lower tier covered transactions exceeding liability (USDOT Order 4200.6 implementing appropriations act the $25.000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a b. Where the prospective participant is unable to certify to certification of a prospective participant in a lower tier covered any of the statements in this certification, such prospective transaction that is not debarred, suspended, ineligible, or participant should attach an explanation to this proposal. 2 voluntarily excluded from the covered transaction, unless it CFR 180.335 and 180.340. 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
transactions. To verify the eligibility of its principals, as well as

3. Instructions for Certification - Lower Tier Participants: the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for (Applicable to all subcontracts, purchase orders, and other Award Management website (https://www.sam.gov/), which is ower tier transactions requiring prior FHWA approval or compiled by the General Services Administration. 2 CFR estimated to cost $25,000 or more - 2 CFR Parts 180 and 180.300, 180.320, 180.330, and 180.335. 1200). 2 CFR 180.220 and 1200.220.
h. Nothing contained in the foregoing shall be construed to a. By signing and submitting this proposal, the prospective require establishment of a system of records in order to render lower tier participant is providing the certification set out below. 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 of fact upon which reliance was placed when this transaction in the ordinary course of business dealings. was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous i. Except for transactions authorized under paragraph e of certification, in addition to other remedies available to the these instructions, if a participant in a covered transaction Federal Government, the department, or agency with which knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily Agreement 1300-44
excluded from participation in this transaction, in addition to cooperative agreement, the undersigned shall complete and other remedies the submit Standard Form-LLL, "Disclosure Form to Report department or agency with which this transaction originated Lobbying," in accordance with its instructions. may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. 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

4. Certificatio Rearing ry Barest Suspension, certification shall be subject to a civil penalty of not less than Participants: $10,000 and not more than $100,000 for each such failure. prospective lower 3. The prospective participant also agrees by submitting its Themission ortis proposal, that neaterpanor terincipals: bid or proposal that the participant shall require that the language of this certification be included in all lower tier (1) is presently debarred, suspended, proposed for subcontracts, which exceed $100,000 and that all such ebarment, declared ineligible, or voluntarily excluded fro recipients shall certify and disclose accordingly. artıcipating in covered transactions by any reder
department or agency, 2 CFR 180.355;
XII. USE OF UNITED STATES-FLAG VESSELS:
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period This provision is applicable to all Federal-aid construction preceding this proposal (USDOT Order 4200.6 implementing contracts. design-build contracts, subcontracts, lower-tier appropriations act requirements); and subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative This requirement applies to material or equipment that is remedies have been exhausted, or have lapsed, and that is acquired for a specific Federal-aid highway project. 46 CFR not being paid in a timely manner pursuant to an agreement 381.7. It is not applicable to goods or materials that come into with the authority responsible for collecting the tax liability. inventories independent of an FHWA funded-contract. 4200.6 implementing appropriations act
When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific b. Where the prospective lower tier participant is unable to Federal-aid bidder, proposer, certify to any of the statements in this certification, such contractor, subcontractor, or vendor agrees:
prospective participant should attach an explanation to this proposal. 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 CERTIFICATION REGARDING USE OF CONTRACT extent such vessels are available at fair and reasonable rates FUNDS FOR LOBBYING for United States-flag commercial vessels. 46 CFR 381.7.

This provision is applicable to all Federal-aid construction 2. To furnish within 20 days following the date of loading for contracts and to all related subcontracts which exceed shipments originating within the United States or within 30 $100,000. 49 CFR Part 20, App. A. working days following the date of loading for shipments originating outside the United States, a legible copy of a rated,

1. The prospective participant certifies, by signing and 'on-board' commercial ocean bill-of-lading in English for each submitting this bid or proposal, to the best of his or her shipment of cargo described in paragraph (b)(1) of this section knowledge and belief, that: to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of a. No Federal appropriated funds have been paid or will be id, by or on behalf of the undersigned, to any person
encing or attempting to influence an officer or employee cage contain an a long a rect ele
cooperative agreement.
b. If any funds other than Federal appropriated funds have een paid or will be paid to any person for influencing o attempting to influence an officer or employee of any Federa 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
Agreement 1300-45
ATTACHMENT A • EMPLOYMENT AND MATERIALS

PREFERENCE APPALACHIAN DEVELOPMENTR

HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funde under the Appalachian Regional Development Act of 1965

1. During the performance of this contract, the contracto indertaking to do work which is, or reasonably may be, done a on-site work, shall give preference to qualified persons who situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
. For the reasonable needs of the contractor to emplo
upervisory or specially experienced personnel necessary ti assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.

2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the information required by the State Employment Service
complete the job order form. The job order may be placed witt during the course of the contract work, the information submitte he State Employment Service in writing or by telephone by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.

3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to
contrants is on in is opinion, are not qualied to pe arm to classification of workrequired.
4, If, within one week following the placing of a job order by the contractor
Employment Service is unable to
contractor applicants.
certificate shall be made a part of the contractor's permanent roiect records. Upon receipt of this certificate, the contractor nay employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.

5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian

6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.

Agreement 1300-46
SECTION 1310

FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

No. red, FEDERAL AID Project No. spleenada tric CAL PROMENTS HIP AT the City of Cathedral Civia muratie castion icipal a detect fod Be No. 24-38, CIP CYCLE 9A), and
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract:

NOW, THEREFORE, we, the Principal, and
the paylem of which sum wel and truly to be made, we bind ourselves, our weis, execyors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of' California.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Faithful Performance Bond 1310-1
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this _ 20_, the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Principal
(Seal)
Signature for Principal
Title of Signatory
Surety
(Seal)
Signature for Surety
Title of Signatory
Address of Surety
Phone # of Surety
Contact Person For Surety
Faithful Performance Bond 1310-2
SECTION 1320

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on _ hereinafter designated as the Principal, a Contract for Bid No. B24-75E, CIP NO. 8752, FEDERAL AID Project NO. HSIPL-5430(034), TRAFFIC SIGNAL IMPROVEMENTS (HSIP CYCLE 9A), and
WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:

NOW, THEREFORE, we, the Principal, and _ as Surety, are held and firmly bound unto the City in the just and full amount of ( ), executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court.

This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications.

Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Payment Bond 1320-1
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their _ the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Principal
(Seal)
Signature for Principal
Title of Signatory
Surety
(Seal)
Signature for Surety
Title of Signatory
Address of Surety
Phone # of Surety
Contact Person For Surety
Payment Bond 1320-2
SECTION 1330

WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
Signature
Title
Date
Workers' Compensation Insurance 1330-1
SECTION 1340

LIABILITY AND INSURANCE REQUIREMENTS

1.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, City Council and each member thereof, and every officer, employee and agent of City, from any claim, demand, damage, liability, loss, cost or expense (including, without limitation, attorney's fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of the Contractor, or any of the Contractor" employees, or any of its subcontractors arising out of work under this Contract.

The City does not, and shall not, waive any rights that it may have against Contractor, any of the Contractor's employees, or any of its subcontractors under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Contract.

The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described herein. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance.

2.0 INSURANCE REQUIREMENTS

2.1 General
After award of Contract, the Contractor shall promptly obtain, at its own expense, all the insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract.

The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.

2.2 Commercial General Liability Policy
The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar ($2,000,000) annual project aggregate, for all of the following:
a. Premises Operations, including Explosion, Collapse and Underground (X, C, and U) Coverage. c. Independent Contractors.
d. Blanket Contractual.
e. Deductible shall not exceed One Thousand Dollars ($1,000).

Liability & Insurance Requirements 1340-1

2.3 Commercial Business Auto Policy
The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars (S1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage:

Coverage shall be applicable to any and all leased, owned, hired, or non-owned vehicles used in pursuit of any of the activities associated with this Contract. ny and all mobile equipment, including cranes, which is not covered under said Commercia usiness Auto Policy shall have said coverage provided for under the Commercial Gener:

Liability Policy.

C. Deductible shall not exceed One Thousand Dollars ($1,000).

2.4 Workers' Compensation Insurance
The Contractor shall take out and maintain during the life of the Contract, Worker's Compensation and Employers' Liability insurance providing coverage for any and all employees of Contractor:
a. The required policy shall provide coverage for Workers' Compensation (Coverage A). b. This policy shall provide coverage for One Million Dollars (S1,000,000) Employers' Liability (Coverage B).

2.5 Endorsements
All of the following endorsements are required to be made a part of the policies described in this Section hereof:
a. "The City, City employees and officers, the City Engineer, its consultants, clected officials, agents, Cod sub-consultants are hereby added as additional insured insofar as Work done under this b. "This policy shall be considered primary insurance as respects any other valid and collectible insurance, including self-insured retention, the City may possess, and any other insurance the City does possess shall be considered excess insurance only." c.
d. "The 39) days prior witen natice of cancellation shall ha piven to the rily. Such matice shal Kevin Biersack, Financial Services Director
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

2.6 Change in Terms
Liability & Insurance Requirements 1340-2

Cathedral City City CouncilApril 23, 2025

Cathedral City City Council
April 23, 2025