Agenda packet — Concord City Council, April 23, 2024 (part 2 of 5)

CITY OF CONCORD
Landscaping & Lighting Maintenance District No. 3
Fiscal Year 2024-25

ASSESSMENT ROLL
Assessor
Parcel
Number
Assessment
AmountProperty Owner
118-242-016 $40.64ADAMI PAUL E & JO ANN
118-242-017 $40.64KEEFE TERENCE A
118-242-018 $40.64BROUGHTON JOHN C & CORRIE L
118-242-019 $40.64SILVERMAN RUBY L
118-242-020 $40.64TAFOLLA JOHN F & GRACE M
118-242-021 $40.64HASAN ZIA & NAHID
118-250-001 $40.64WARK BRIAN L & DANA M TRE
118-250-002 $40.64BOEGER KATHLEEN L & KARL W
118-250-003 $40.64DAVIS JANET E TRE
118-250-004 $40.64VERELLO THOMAS & KATHLEEN
118-250-005 $40.64HOPE ALANA
118-250-006 $40.64CLOW JENNIE M
118-250-007 $40.64BURNETTE SHAWNA K TRE
118-250-008 $40.64RODRIGUEZ EDWIN A TRE
118-250-009 $40.64KIRKHAM WILLIAM STUART
118-250-010 $40.64WERNER EDWARD C & NANCY TRE
118-250-011 $40.64ESVER MICHAEL C
118-250-012 $40.64DAWSON DAVID L & BARBARA L
118-250-013 $40.64MANN LLOYD S & MARIA H TRE
118-250-014 $40.64PADILLA RODOLFO S TRE
118-250-015 $40.64NESTERENKO CONSTANTIN
118-250-016 $40.64STONE ZACHARY & ELISSE
118-250-017 $40.64RIGOLI-LEACH NANN DEMOTT
118-250-018 $40.64RIGGIO SUSAN K
118-250-019 $40.64BRUZZA CHRISTOPHER S & ESTHER
118-250-034 $40.64SHELLHAMMER MARTIN C TRE
118-250-035 $40.64ATWOOD LANETTE WATERS
118-250-036 $40.64LEYDEN CHRISTOPHER & TANYA D
118-250-037 $40.64DEJESUS LUIS P & BELINDA S
118-250-038 $40.64COOPER FLOYD K & CLAIRA SUE
118-250-039 $40.64WHEELES SEAN C & ELIZABETH
118-250-040 $40.64BERG SCOTT R & CATHERINE A TRE
118-250-041 $40.64HOLMES SCOT T & GINA A TRE
118-250-042 $40.64HARMSTON CLAYTON A & MARLENE
118-250-043 $40.64LECCE LUCIANA R
118-250-044 $40.64JAJEH FARAJ & HANAN TRE
118-250-046 $40.64GONZALEZ JOSE ENRIQUE
118-250-047 $40.64FESTER THOMAS & BARBARA TRE
118-250-048 $40.64LEON JOSE LUIS TRE
118-250-049 $40.64LUNGHI ROBERT A & SHARYN K TRE
118-250-050 $40.64HERNANDEZ LENORE TRE
118-250-051 $40.64BELLINGHAM KENNETH S & V A TRE
118-250-053 $40.64LINSTROM DALE & SYLVIA TRE
118-250-054 $40.64HENDREN MARTIN & DONNA TRE
118-250-055 $40.64SHAW TIMOTHY P & ANA MARIA
118-250-056 $40.64YUE VICKI NGA LAI
118-250-057 $40.64MANGAL NAVEEN
118-250-058 $40.64JACQUOT CURTIS DEAN
118-250-059 $40.64AINSWORTH EAN & REBECCA
118-250-060 $40.64COOPER LINDA TRE
118-250-061 $40.64DISTEFANO PETER A TRE
Assessor
Parcel
Number
Assessment
AmountProperty Owner
118-250-062 $40.64FARRELL MAX & STREETA
118-250-067 $40.64GONZALEZ FERNANDO & GRISELDA
118-250-068 $40.64MOORE DAVID THOMAS TRE
118-261-001 $40.64KORNFELD SHAY
118-261-002 $40.64VIGIL SPENCER
118-261-003 $40.64AZIZI TRINA
118-261-004 $40.64BENCOMO ROBERT
118-261-005 $40.64MARSHALL EDYTHE MARSH TRE
118-261-006 $40.64PEDERSON JASON THOMAS
118-261-007 $40.64OCONNOR STEVEN E TRE
118-261-008 $40.64BOLAND JOHN J & BARBARA R TRE
118-261-009 $40.64COLLINS MARY KATHLEEN
118-261-010 $40.64OCONNELL TRUDI L
118-261-011 $40.64ASPROGERAKAS DANNY & SOPHIE
118-261-012 $40.64HARRINGTON JAMES PATRICK TRE
118-261-013 $40.64MARTUCCI PATRICK & CHERYL TRE
118-261-014 $40.64MORALES TOMAS & ZORA TRE
118-261-015 $40.64SU KEVIN L & SANDY W TRE
118-261-016 $40.64FRANKLIN JACK C & CHERYL A TRE
118-261-017 $40.64DAYTON JILL C
118-261-018 $40.64STIEF EDWARD
118-261-019 $40.64RAMIREZ GUY A & TERRI TRE
118-261-020 $40.64BARBA GILBERTO JR
118-261-021 $40.64SAUCEDO STEVE
118-261-022 $40.64BENZINGER-SMITH MARYANN
118-261-023 $40.64BRUBAKER NANCY L
118-261-024 $40.64MOTEVASELI PEZHMAN
118-261-025 $40.64ROGERS BROOKS E & SUSAN O
118-261-026 $40.64MARTIN JASON S & LILI K
118-261-027 $40.64WINKLER MARCI S
118-261-028 $40.64AZIZ ACELA A
118-261-029 $40.64HORN KRISTLE NICOLE & DERRICK
118-261-030 $40.64RIEKKI KEVIN D & ERICA A
118-261-031 $40.64MITCHELL MICHAEL & DENISE
118-262-001 $40.64BLAZEK SUSAN JOYCE TRE
118-262-002 $40.64HEMINGWAY RICHARD & EVA TRE
118-262-003 $40.64MCKINNEY BRETT D & GINA N
118-262-004 $40.64POKRYWKA MICHAEL V & MICHELLE
118-262-005 $40.64SHAIKH MOHAMMED IQBAL
118-262-006 $40.64PEREZ JAIME H TRE
118-262-009 $40.64RADU FELICIA & CEZAR
118-262-010 $40.64ADONA JOHN AQUINO & LEIA
118-262-011 $40.64ALSPAUGH DANIEL F & DIANE M
118-262-012 $40.64ADAMS JAMES L & CHRISTINE
118-262-013 $40.64LIN PEY & APRIL TRE
118-262-014 $40.64MUCHENDU PETER MANGARA
118-262-015 $40.64SEGROVE TINA M
118-262-016 $40.64MURPHY JONATHAN R & TRINETY J
118-262-017 $40.64KAPLAN IRIS TRE
118-262-018 $40.64SANTOS THOMAS & NONET V
118-262-019 $40.64MESSNER MICHAEL J & SHARI A
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CITY OF CONCORD
Landscaping & Lighting Maintenance District No. 3
Fiscal Year 2024-25

ASSESSMENT ROLL
Assessor
Parcel
Number
Assessment
AmountProperty Owner
118-262-020 $40.64WIERINGA BRADLEY S & REBECCA M
118-262-021 $40.64HENDRICKS CHARLES RAY
118-262-022 $40.64HAUGER DANIEL W & JESSICA A
118-262-025 $40.64GOMEZ JAIME & ADRIANA TRE
118-262-026 $40.64RASSUSHIN NICHOLAS J TRE
118-271-001 $40.64KRAWESKY MICHAEL D & CONNIE A
118-271-002 $40.64ELIZONDO CAROL B TRE
118-271-003 $40.64GELHAUS ROBERT & MERRILEE TRE
118-271-004 $40.64NOLLEY RICKI P JR & JOY A TRE
118-271-005 $40.64BECMER MARY E TRE
118-271-006 $40.64BRITTON BARBARA TRE
118-271-007 $40.64RUFFIN REGINALD C & FANNY H
118-271-008 $40.64RYAN DAVID MATTHEW & NICOLE L
118-271-009 $40.64BOYLE WILLIAM F & NANCY A TRE
118-271-010 $40.64HIMSL JOSEPH B & CAROL A TRE
118-271-011 $40.64RYAN DEREK J & JULIANA F
118-271-012 $40.64ABALAYAN CYNTHIA R TRE
118-271-013 $40.64BEEL BEVERLY S
118-271-014 $40.64HOWARD MARK & SUSANNE
118-271-015 $40.64ROBINSON JAMES & KRISTA
118-271-016 $40.64STANLEY ROGER O & LINDA TRE
118-271-017 $40.64CHASE MARK D TRE
118-271-018 $40.64RUSSELL PAUL E & PAMELA M TRE
118-271-019 $40.64KYAWMYINT BYRON J & MIDORI TRE
118-271-020 $40.64WU ZHE
118-271-021 $40.64HOOKER TERRY
118-271-022 $40.64KUNSELMAN SCOT M & MARGARET
118-271-023 $40.64MEYER SCOTT
118-271-024 $40.64HUFF BARTON C
118-271-025 $40.64CANADA PATRICK J & DORIS E
118-271-026 $40.64CARPOFF KENNETH W & JANET C
118-272-001 $40.64NAHSHON GABRIEL D
118-272-002 $40.64KAPUR ANIL
118-272-003 $40.64GEYERMAN ROBERT & KATHLEEN
118-272-004 $40.64MENDOZA GABRIEL
118-272-005 $40.64WU FERNANDO M & ROCIO L TRE
118-272-006 $40.64WANG ZHI
118-272-007 $40.64SYROVATKA AIMEE A & RANDALL
118-272-008 $40.64CASEY JOHN L
118-272-009 $40.64PATRICK MICHAEL & DOROTHY TRE
118-272-010 $40.64REINHART THOMAS J & RACHEL
118-272-011 $40.64VOTTO TIMOTHY
118-272-012 $40.64COY KARIN V & DOUGLAS L
118-272-013 $40.64CAMERLO CAMILLE & DAVID G
118-272-016 $40.64SAVRE ROBERT E JR & LINDA J
118-272-017 $40.64PEREZ MARIE
118-272-018 $40.64GONZALEZ ERICK
118-272-019 $40.64ORDAZ SONIA
118-272-020 $40.64DYER JAMES & DANIELLE
118-272-021 $40.64ZAFARI AMIN & NAHIDA
118-272-022 $40.64SAMUELS PERRIN B
Assessor
Parcel
Number
Assessment
AmountProperty Owner
118-272-023 $40.64FELDMAN ARTHUR & MICHELLE
118-272-025 $40.64LOVELL RANJIT & PAMELA TRE
118-272-026 $40.64SIMONENKO VALERIY & OLGA P
118-272-027 $40.64KING MARGARITA MARTINEZ
118-272-028 $40.64ADAMO HUGH
118-272-029 $40.64OWENS JEANNINE
118-272-030 $40.64RICHARDS BRONZE JAMES WILLIS
118-272-032 $40.64SMITH CHARLES DONALD TRE
118-272-033 $40.64QUIZON MARK B & KHRIZETTE
118-272-034 $40.64OKEEFE MATTHEW D TRE
468TOTAL: $19,019.52
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CITY OF CONCORD
Landscaping & Lighting Maintenance District No. 3
Fiscal Year 2024-25

ASSESSMENT ROLL
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Ygnacio Woods
134-541-001 $339.72OTERO FERNANDO R TRE
134-541-002 $339.72VEKSLER MARK & NADEZHDA TRE
134-541-003 $339.72BROWN RANDAL ALAN
134-541-004 $339.72CARLOS LARRY R & JUDY D TRE
134-541-005 $339.72CREMOLINI ANDRIA TRE
134-541-006 $339.72JAGANNATHAN RAMASWAMY TRE
134-541-007 $339.72DWIGGINS JOSHUA
134-541-008 $339.72COOK ROBERT B
134-541-009 $339.72PANEK LARRY B & TRACEY E
134-542-001 $339.72GLORIA RENALDO & CAROLINA
134-542-002 $339.72PAZ RONALD
134-542-003 $339.72SAWYER GREG & KIRSTEN
134-542-004 $339.72ZIMMERMAN SCOTT A
134-542-005 $339.72SADEGHY JAVAD M & MARITES M
134-542-006 $339.72XU XINGHUA
134-551-011 $339.72SPINK CHARLES & PATRICIA TRE
134-551-012 $339.72TIRAS HOWARD I & MARILEE G
134-551-013 $339.72ROSSONI KENNETH A JR & JOANNA
134-551-014 $339.72TAFT WESLEY WILLIAM
134-551-015 $339.72PUTIS JOHN W & MARYANNE M
134-551-016 $339.72LEVY RYAN MATTHEW & LYNDA
134-551-017 $339.72BENNETT MARK
134-551-018 $339.72JENNINGS CHARLES EDWARD TRE
134-551-020 $339.72JEWELL DON F & LESLIE D TRE
134-552-001 $339.72BRADLEY LINDA R
134-552-002 $339.72GULGEE ZARMEEN TRE
134-552-003 $339.72DRATVA MARINA & ALEKSANDR
134-552-004 $339.72SOLOPOV MARK D & TATYANA
134-552-005 $339.72MONITTO GARY A & MARLENE TRE
134-552-006 $339.72WILLEY GARRY E & THERESA J
134-552-007 $339.72PETTUS PHILIP R & SANDRA G
134-552-008 $339.72DARNER GENETTE V TRE
134-552-009 $339.72SNOWDEN PETER N & ISA A
134-552-010 $339.72ZOCCHI TERESA TRE
134-552-011 $339.72HITOMI BRIAN K & HELEN F
35TOTAL: $11,890.20
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City of Concord
Citywide Street Lighting
Assessment District
Fiscal Year 2024-25
Preliminary Engineer’s Report
April 23, 2024
Attachment 4

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City of Concord Fiscal Year 2024-25
Citywide Street Lighting Assessment District Table of Contents

TABLE OF CONTENTS

Page No.

City Council Members and City Staff ............................................................................. ii

Signatures .................................................................................................................... iii

Section I - Introduction .................................................................................................. 1

Section II – Engineer’s Report ...................................................................................... 3

Part A - Plans and Specifications ................................................................................. 5

Part B - Estimate of Cost .............................................................................................. 6 Table 1: Cost Estimate ................................................................................ 6

Part C - Assessment District Diagram .......................................................................... 8

Part D - Method of Apportionment of Assessment ...................................................... 10 Table 2: Typical Assessment Rates .......................................................... 11

Part E - Property Owner List & Assessment Roll ........................................................ 12

Appendix “A” - Equivalent Dwelling Units by Property Classification

Appendix “B” – Fiscal Year 2024-25 Assessment Roll

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City of Concord Fiscal Year 2024-25
Citywide Street Lighting Assessment District City Council Members & City Staff

CITY COUNCIL MEMBERS AND CITY STAFF

Edi E. Birsan
Mayor

Carlyn Obringer
Vice Mayor
Dominic Aliano
Council Member

Laura Hoffmeister
Council Member
Laura Nakamura
Council Member

Valerie Barone
City Manager

Susanne Brown
City Attorney
Joelle Fockler
City Clerk

Francisco & Associates
Assessment Engineer

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City of Concord Fiscal Year 2024-25
Citywide Street Lighting Assessment District Signatures

iii
ENGINEER’S REPORT

CITY OF CONCORD

CITYWIDE STREET LIGHTING ASSESSMENT DISTRICT

Fiscal Year 2024-25

The undersigned, acting on behalf of Francisco & Associates, respectfully submits the enclosed Engineer's Report as directed by the City of Concord City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscaping and Lighting Act of 1972, Sections 22500 seq. of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated:

March 26, 2024 Engineer of Work

___________________________
Eduardo R. Espinoza, P. E.

R.C.E. No. 83709

I HEREBY CERTIFY that the enclosed Engineer's Report, together with the A
ssessment Roll and Assessment Diagram thereto attached, was filed with me on the ______ day of , 2024.

_____________________________
Joelle Fockler, City Clerk
City of Concord
Contra Costa County, California

I HEREBY CERTIFY that the enclosed Engineer's Report, together with the A
ssessment Roll and Assessment Diagram thereto attached, was approved, and confirmed by the Council of the City of Concord, Contra Costa County, California, on the day of , 2024.

_____________________________
Joelle Fockler, City Clerk
City of Concord
Contra Costa County, California

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City of Concord Fiscal Year 2024-25 Citywide Street Lighting Assessment District Section I – Introduction

1 SECTION I

INTRODUCTION

ENGINEER’S REPORT

CITY OF CONCORD

CITYWIDE STREET LIGHTING ASSESSMENT DISTRICT

Fiscal Year 2024-25

Background Information
On November 5, 1996, California voters approved Proposition 218, entitled "Right to Vote On Taxes Act", which added Articles XIIIC and XIIID to the California Constitution.

While its title refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts. Proposition 218 also required that with certain specified exceptions, beginning July 1, 1997, all existing, new, or increased assessments shall comply with Article XIIID.

In Fisc al Year 1997- 98 the City of Concord determined that the assessments for the Citywide Street Lighting Assessment District, the “District”, must be ratified by the property owners in order to be valid. To comply with the requirements of Proposition 218, the City implemented the following procedures:

1) Every property owner subject to the proposed assessment was mailed a ballot allowing the property owner to vote on whether to ratify the District. The ballots were accompanied by a public notice describing the total assessment, the individual property owner’s assessment, the reason for the assessment, and the general basis upon which the assessment was calculated.

2) The ballots returned during the 45 days after mailing or before the close of the public input portion of the public hearing, were tabulated to determine whether a majority protest against the assessment existed. The ballots were weighted by the assessment amount.

3) Publicly owned properties (generally those which are developed similar to commercial/industrial use, as opposed to open space) are now being assessed.

4) The City of Concord held a Public Meeting, June 10, 1997, and a Public Hearing, June 17, 1997, to provide an opportunity for any interested person to be heard.

At the Public Hearing, ballots were tabulated, and it was found that the property owners returning ballots in favor of the assessment represented more than 50% (weighted by assessment amount), so the assessment for Fiscal Year 1997- 98 and following years could be levied.

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City of Concord Fiscal Year 2024-25 Citywide Street Lighting Assessment District Section I – Introduction

2 5) At the conclusion of the Public Hearing, the Concord City Council adopted Resolution No. 97- 61, accepting the certification of the ballot results and Resolution No. 97-58 confirming the Citywide Street Lighting District and the levy of assessments for Fiscal Year 1997-98.

Current A
nnual Administration

As required by the 1972 Act, this Engineer's Report describes the improvements to be constructed, operated, maintained, and serviced by the District for F iscal Year 2024-25 and provides a cost estimate for the District. It also lists the proposed assessments to be levied upon each assessable lot or parcel within the District.

The method of assessment may be amended from time to time by the Cit y Council in order to apportion the costs in relation to the benefits being received. However, any increase in the assessments from the prior year will be subject to the applicable requirements of Proposition 218.

The Concord City Council will hold a Public Hearing on May 28 , 20 24, to provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the levy of assessments as originally proposed or as modified. Following the adoption of this resolution, the final Assessor’s roll will be prepared and filed with the County Auditor’s office to be included on the Fiscal Year 2024-25 tax roll.

Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this Report.

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City of Concord F iscal Year 2024-25
Citywide Street Lighting Assessment District Section II – Engineer’s Report

3 SECTION II

ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE

CITY OF CONCORD

CITYWIDE STREET LIGHTING ASSESSMENT DISTRICT

FISCAL YEAR 2024-25

Pursuant to the Landscaping & Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500) and in accordance with Resolution No. ____ accepting the Preliminary Engineer’s Report, and the Resolution of Intention (ordering improvements and setting the Public Hearing Date), being Resolution No. ____, both adopted on April 23, 2024 by the City Council of the City of Concord, I, Eduardo R. Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Concord Citywide Street Lighting District (“District”), submit the following “Report” consisting of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS

This part describes the improvements in the District. Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk of the City of Concord, and are incorporated herein by reference.

PART B: ESTIMATE OF COST

This part contains an estimate of the cost of the proposed improvements for F iscal Year 2024-25, including incidental costs and expenses in connection therewith, as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk of the City of Concord.

PART C: ASSESSMENT DISTRICT DIAGRAM

This part incorporates, by reference, a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District, and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the City Clerk of the City of Concord. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report.

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City of Concord F iscal Year 2024-25
Citywide Street Lighting Assessment District Section II – Engineer’s Report

4 PART D: METHOD OF APPORTIONMENT OF ASSESSMENT

This part describes the method of apportionment of assessments, based upon parcel classification of land within the District, in proportion to the estimated special benefits to be received.

PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL

This part contains a list of the Contra Costa County Assessor's parcel numbers, and the net amount to be assessed upon benefited lands within the District for Fiscal Year 2024-

25. The Assessment Roll is filed in the Office of the Concord City Clerk and is incorporated in this Report by reference as Appendix “B” . The list is keyed to the records of the Contra Costa County Assessor, which are incorporated herein by reference.

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City of Concord F iscal Year 2024-25
Citywide Street Lighting Assessment District Section II – Part A

5 PART A

PLANS AND SPECIFICATIONS

The City of Concord purchased the street light system from Pacific Gas & Electric in 2005 for a cost of $1,200,000. The City now owns and operates the street light system and pays PG&E for electricity only.

The facilities, which have been constructed within the City of Concord's Citywide Street Lighting Assessment District boundaries, and those which may be subsequently constructed, will be operated, maintained, and serviced as generally described as follows:

DESCRIPTION OF IMPROVEMENTS
The following improvements are proposed to be operated, maintained, and serviced in the City of Concord's Citywide Street Lighting Assessment District for Fiscal Year 20 24- 25:

The maintenance and servicing of public street lighting facilities located within the public right-of-way within the District.

Public street lighting facilities consist of pole mounted streetlights within the public right- of-way of the City of Concord. Lighting facilities are intended to provide safety, security, and convenience for occupants, pedestrians, and travelers. Services include, but are not limited to, personnel, electrical energy, and utilities for which are required to provide a safe lighting environment throughout the District, and other items necessary for the maintenance or servicing of the public lighting facilities.

The street lighting system appurtenant facilities include, but are not limited to poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts, pedestals, and metering devices as required to provide safe lighting within the boundaries of the District.

Maintenance means the furnishing of services and materials for the ordinary and usual operations, maintenance and servicing of street lighting and appurtenant facilities, including repair, removal or replacement of all or part of any street lighting, or appurtenant facilities. Servicing means the maintenance of any street lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the street lighting, or appurtenant facilities.

The plans and specifications for the improvements are on file in the Office of the City Clerk of the City of Concord.

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City of Concord F iscal Year 2024-25
Citywide Street Lighting Assessment District Section II – Part B

6 PART B

ESTIMATE OF COST

The 1972 Act provides that the District can recover the total cost of installation, construction, operation, maintenance, and servicing of street lighting. Maintenance can include the repair and replacement of existing facilities. Servicing can include electrical and associated costs from a public utility. Incidental expenses, including administration of the District, engineering fees, legal fees, printing, posting, and mailing of notices, and all other costs associated with the annual collection process can also be included.

The operation, maintenance, and servicing costs for Fiscal Year 20 24-25, as provided by the City of Concord, are summarized below.

Fund Balance July 1 (1) $1,770,158 $1,612,809
$1,770,158 $1,612,809
Add Revenues:

Assessments $1,043,000 $1,045,360
Use of Money & Property $48,379 $48,379
Contribution from Fund Balance $0 $307,461
Total Revenues $1,091,379 $1,401,200
Less Appropriations
Street Lighting (Electricity) $450,000 $600,000
Street Lighting (Consult./Contract) $0 $20,500
Street Lighting (Personnel) $286,003 $305,000
Street Lighting (Supplies) $52,450 $15,000
Assessment Engineering & Others $17,340 $17,340
County Collection Fees $36,772 $36,772
Other Fixed Charges $20,511 $20,936
Debt Service Lease Purchase Agreement(2)
$385,652 $385,652
Total Expenditures $1,248,728 $1,401,200
Revenues Over (Under) Expenditures
Appropriations ($157,349) $0
Contingency (3) $86,000 $102,000
Operating Reserves (50% maximum) (4) $624,364 $700,600
$710,364 $802,600
Projected Fund Balance June 30 (5) $902,445 $810,210
1 Fiscal Year 2024-25 starting Fund Balance equals the estimated Fiscal Year 2023-24 ending fund balance plus the Fiscal Year 2023-24 Reserves.
2 The streetlight system is maintained by City staff in the Public Works Department. The City has invested to retrofit over 8,200 street lights in the system to induction lights. This line item is associated with the retrofitting costs of the system and the costs associated with the debt from the ESCO lease purchasing agreements. Payments will continue annually through 2032. 3 The contingency reserve is approximately 10% of all expenditures (less debt service). 4 Because the City receives the fiscal year assessment revenue in late December and late April of the following year, the City needs to ensure it has at least 50% operating reserves to cover the period from July 1 through December 1. 5 Fund balances are held to contribute towards operational costs when expenditures exceed revenues or may accumulate for the replacement of improvements and the retrofitting of existing lights to LED as funds allow.

Fiscal Year 2024-25
TABLE 1: Citywide Street Lighting Assessment District
Fiscal Year 2024-25 Cost Estimate
Fiscal Year 2023-24

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City of Concord F iscal Year 2024-25
Citywide Street Lighting Assessment District Section II – Part B

7 The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by the assessments shall be used only for the purpose as stated herein. A contribution to the Citywide Street Lighting Assessment District may be made to reduce assessments, as the City Council deems appropriate. Any balance remaining on July 1 must be carried over to the next fiscal year unless the funds are being accumulated for future capital improvements and operating reserves.

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City of Concord Fiscal Year 2024-25
Citywide Street Lighting Assessment District Section II – Part C

8 PART C

ASSESSMENT DISTRICT DIAGRAM

The Concord Citywide Street Lighting Assessment District includes all parcels of land within the incorporated limits (or as the incorporated limits may hereinafter be modified) of the City of Concord that benefit from streetlights on public streets. The District boundaries are as indicated on the referenced Assessment Diagram. All included parcels are identified by the Contra Costa County Assessor's Parcel Numbers, for the current fiscal year, on the attached Assessor's Roll. A detailed description of lines and dimensions for various lots or parcels within the District are incorporated by reference to the parcel maps on file at the Contra Costa County Assessor's Office.

A copy of the Assessment Diagram is on file in the Office of the City Clerk of the City of Concord, and a reduced copy is included in this Report on the following page.

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CLAYTON RD

TREAT BLVD

CONCORD AVE

WILLOW PASS RD

BAILEY RD

YGNACIO VALLEY RD

MONUMENT BLVD TREAT BLVD

CONCORD BLVD
U.S. Naval
Weapons Station

KIRKER PASS RD

PORT CHICAGO HWY
City of Concord
Citywide Street Lighting Assessment District
Sheet 1 of 1
NOTE:

Boundaries of Citywide Street
Lighting Assessment District
are contiguous with the City Limits.
¯
Concord City Limit
& District Boundary
2 0 2 Miles
£¤242
§¨¦
680
£¤4
£¤242

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City of Concord Fiscal Year 2024-25
Citywide Street Lighting Assessment District Section II – Part D

10 PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

GENERAL

Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by Agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping and street lighting improvements.

Section 22573 of the Landscaping and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states:

"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements."

“The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]."

In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property.

Because assessments are levied on the basis of special benefit, they are considered a “Special” Assessment, not a tax, and therefore, are not governed by Article XIIIA of the California Constitution.

The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax."

Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of-ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities.

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City of Concord Fiscal Year 2024-25
Citywide Street Lighting Assessment District Section II – Part D

11 STREET LIGHTING BENEFIT DETERMINATION

The proper functioning of street lighting is imperative for the welfare and safety of the property owners throughout the City. Proper operation, maintenance, and servicing of a street lighting system benefits properties by providing increased illumination for ingress and egress, safe traveling at night, improved security, protection of property and the reduction of traffic accidents.

The degree of benefit is determined by the use of each individual parcel, the intensity of illumination provided, the number of pedestrians generated and the enhanced security during hours of darkness. The single- family residential parcel is considered one unit of benefit (1.00 EDU). All other land uses have been analyzed to determine the benefit they receive from the intensity of illumination provided, the number of pedestrians generated by their property and the enhanced security to their property during hours of darkness.

ASSESSMENT M

ETHODOLOGY/BENEFIT NEXUS

The total operation, maintenance and servicing costs for the street lighting improvements are apportioned in accordance with the methodology stated herein. The method for spreading the costs to each parcel is based on the Equivalent Dwelling Unit (EDU) factor.

The single- family residential parcel has been selected as the basic unit for the calculation of assessment since it represents over 70% of the parcels within the District.

Therefore, the single-family residential parcel is defined as one Equivalent Dwelling Unit (EDU). The methodology used to assign EDUs to the land uses in proportion to the benefit they receive relative to the single -family residential parcel is based on the intensity of the street lighting illumination adjacent to the parcel, the amount of pedestrian traffic generated from the parcel, and the security received from the street lighting to the parcel. Below is a sample survey of the F iscal Year 2024-25 Street Lighting Assessments.

Land Use
Number of
Units
Number of
EDU's
Fiscal Year
2024-25
Assessment
per EDU
Fiscal Year
2024-25
Assessment
Single Family 1.00 1.00 $25.00 $25.00
Condom
iniums 1.00 0.50 $25.00 $12.50
Apartments 4.00 3.25 $25.00 $81.25
Vacant Single Family 1.00 0.50 $25.00 $12.50 Commercial - Office Building N/A 3.00 $25.00 $75.00 Commercial - Shopping Center N/A 20.00 $25.00 $500.00 Industrial N/A 20.00 $25.00 $500.00
Vacant Commercial/Industrial N/A 0.50 $25.00 $12.50 TABLE 2: Citywide Street Lighting Assessment District
Typical Fiscal Year 2024-25 Assessment Rates

For a detailed description of the Equivalent Dwelling Unit factors by land use, refer to Appendix “A”.

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City of Concord Fiscal Year 2024-25
Citywide Street Lighting Assessment District Section II – Part E

12 PART E

PROPERTY OWNER LIST & ASSESSMENT ROLL

A list of names and addresses of the owners of all parcels within the City of Concord's Citywide Street Lighting Assessment District is shown on the last equalized Property Tax Roll of the Contra Costa County Assessor, which by reference is made a part of this Report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the Office of the Concord City Clerk.

The proposed assessments and the amount of assessments for Fiscal Year 2024-25 apportioned to each lot or parcel, as shown on the latest roll at the Assessor's Office and are on file in the Office of the City Clerk. The description of each lot or parcel is part of the records of the Contra Costa County Assessor and these records are, by reference, part of this Report.

The total proposed assessment for the Fiscal Year 2024-25 is $1,045,360.16.

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City of Concord Fiscal Year 2024-25
Citywide Street Lighting Assessment District Appendix A

APPENDIX “A”

EQUIVALENT DWELLING UNITS BY PROPERTY

CLASSIFICATION

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City of Concord Fiscal Year 2024-25
Citywide Street Lighting Assessment District Appendix A

Intensity Pedestrian Security Total Equivalent
Classification County Land Use Code Factor Factor Factor Dwelling Units

1. Single Family Residential
A. Single Family Homes 11, 12, 13, 14, 19, 61 0.250 0.500 0.250 1.000 B. Single Family Home on a Private Street N/A 0.250 0.500 0.000 0.750 C. Condominiums 16, 29 0.250 0.125 0.125 0.500

2. Multiple Family Residential
A. Two 21 0.250 1.000 0.500 1.750
B. Three 22, 24 0.250 2.250 0.500 3.000
C. Four 23 0.500 2.250 0.500 3.250
D. Five to Twelve 25 0.500 3.500 1.000 5.000
E. Thirteen to Twenty-four 26 0.750 4.000 1.250 6.000
F. Twenty-five to Fifty-nine 27 0.750 4.500 1.750 7.000 G. Sixty or more 28 1.000 5.000 2.000 8.000

3. Commercial
A. Commercial stores 31 1.000 2.000 1.000 4.000
B. Small grocery stores 32 1.000 2.000 1.000 4.000
C. Office buildings 33 1.000 1.000 1.000 3.000
D. Medical-dental offices 34 1.000 1.000 1.000 3.000
E. Service stations 35 1.000 2.000 1.000 4.000
F. Garages 36 1.000 0.500 1.000 2.500
G. Recreational Clubs 37 1.000 4.000 1.000 6.000
H. Golf Courses 38 1.000 1.000 1.000 3.000
I. Bowling Alleys 39 1.000 4.000 1.000 6.000
J. Boat Harbors 40 1.000 3.000 1.000 5.000
K. Supermarkets 41 1.000 6.000 1.000 8.000
L. Shopping centers 42 5.000 10.000 5.000 20.000
M. Financial office buildings 43 1.000 1.000 1.000 3.000 N. Hotels, motels, mobile homes 44 2.000 5.000 2.000 9.000 O. Theaters 45 2.000 2.000 2.000 6.000
P. Drive-in restaurants 46 1.000 3.000 1.000 5.000
Q. Restaurants 47 1.000 3.000 1.000 5.000
R. Mixed multiple/commercial 48 1.000 3.000 1.000 5.000 S. Auto Agency 49 1.000 3.000 1.000 5.000

4. Industrial
A. Industrial parks 51, 52 1.000 3.000 1.000 5.000
B. Industrial 53, 54, 56 5.000 10.000 5.000 20.000
C. Warehouses 55 1.000 3.000 1.000 5.000
D. Unassigned (Pipeline R/W) 59 0.000 0.000 0.000 0.000

5. Institutional
A. Convalescent Hospitals 70 1.000 1.000 1.000 3.000
B. Churches 71 0.500 1.000 0.500 2.000
C. Schools 72 0.500 1.000 0.500 2.000
D. Hospitals 73 1.000 1.000 1.000 3.000
E. Cemeteries, Mortuaries 74 0.250 0.500 0.250 1.000
F. Fraternal & service organizations 75 1.000 2.000 1.000 4.000 G. Retirement housing complex 76 1.000 1.000 1.000 3.000 H. Cultural uses 77 1.000 1.000 1.000 3.000
I. Parks & playground 78 0.000 0.000 0.000 0.000
J. Government - owned buildings (1) 79 1.000 1.000 1.000 3.000 (1)

6. Miscellaneous Properties
A. Vacant Land 10, 15, 17, 18, 20, 30, 0.250 0.000 0.250 0.500 50, 60, 62, 63, 64, 65, 0.250 0.000 0.250 0.500
66, 67, 68, 69 0.250 0.000 0.250 0.500
B. Mineral rights 80 0.000 0.000 0.000 0.000
C. Private roads 81 0.125 0.250 0.125 0.500
D. Pipelines & Canals 82 0.000 0.000 0.000 0.000
E. State Board assessed parcels (S.B.E.) (1) 83 1.000 1.000 1.000 3.000 (1) F. Utilities 84 0.000 0.000 0.000 0.000
G. Parking facilities 85 0.500 1.000 1.000 2.500
H. Municipal Properties (1) 86 1.000 1.000 1.000 3.000 (1) I. Common Areas 87 0.000 0.000 0.000 0.000
J. Mobile Homes (2) 88 0.000 0.000 0.000 0.000 (2)
K. Split parcels in different tax code areas 89 0.250 0.500 0.250 1.000 L. Exempt Assignment 99 0.000 0.000 0.000 0.000
(1) Only that portion of property that is developed for business purposes similar to commercial, industrial and institutional activities is assessed.
(2) Individual mobile homes are not assessed only the underlying parcel is assessed.

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City of Concord Fiscal Year 2024-25
Citywide Street Lighting Assessment District Appendix B

APPENDIX “B”

Fiscal Year 2024-25 ASSESSMENT ROLL

(on file with the City Clerk)

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1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Adoption of a Resolution Accepting the Preliminary
Engineer’s Report for the Downtown Landscape
Maintenance District
Resolution No. 24-XX
/
WHEREAS, the Downtown Landscape Maintenance District was created on November 14, 1983, by the adoption of Resolution No. 83-132; and
WHEREAS, the City Council is required by the Streets and Highways Code 22500 et seq. to follow certain steps in order to levy an annual assessment; and WHEREAS, the City Council on March 5, 2024, adopted Resolution No. 24-14 ordering the preparation and filing of the Engineer’s Report; and
WHEREAS, the Preliminary Engineer’s Report has been prepared and filed with the City Clerk; and
WHEREAS, the City Council, at its meeting on April 23, 2024, had before it the Preliminary Engineer’s Report.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. The foregoing recitals are incorporated by reference. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), these activities do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, the Amendment is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that these activities may have a significant effect on the Attachment 5

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2 environment, and no further environmental review is required. No unusual circumstances are present.

This determination reflects the City’s independent judgment and analysis.

Section 2. Accepts the Preliminary Engineer’s Report, a copy of which is on file in the Office of the City Clerk and is incorporated herein by reference.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on April 23, 2024, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 24-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on April 23, 2024.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Adoption of a Resolution Accepting the Preliminary
Engineer’s Report for the Pine Hollow Landscape
and Lighting Maintenance District
Resolution No. 24-XX
/
WHEREAS, the Pine Hollow Landscape and Lighting Maintenance District was created on January 28, 1985, by the adoption of Resolution No. 85-15; and WHEREAS, the City Council is required by the Streets and Highways Code 22500 et seq. to follow certain steps in order to levy an annual assessment; and WHEREAS, the City Council on March 5, 2024, adopted Resolution No. 24-15 ordering the preparation and filing of the Engineer’s Report; and
WHEREAS, the Preliminary Engineer’s Report has been prepared and filed with the City Clerk; and
WHEREAS, the City Council, at its meeting on April 23, 2024, had before it the Preliminary Engineer’s Report.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

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2 environment, and no further environmental review is required. No unusual circumstances are present.

This determination reflects the City’s independent judgment and analysis.

Section 2. Accepts the Preliminary Engineer’s Report, a copy of which is on file in the Office of the City Clerk and is incorporated herein by reference.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on April 23, 2024, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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Res. No. 24-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Adoption of a Resolution Accepting the Preliminary
Engineer’s Report for the Landscape and Lighting
Assessment District No. 3
Resolution No. 24-XX
/
WHEREAS, the Landscape and Lighting Assessment District No. 3 was created on June 25, 1979, by the adoption of Resolution No. 79-6202; and
WHEREAS, the City Council is required by the Streets and Highways Code 22500 et seq. to follow certain steps in order to levy an annual assessment; and WHEREAS, the City Council on March 5, 2024, adopted Resolution No. 24-16 ordering the preparation and filing of the Engineer’s Report; and
WHEREAS, the Preliminary Engineer’s Report has been prepared and filed with the City Clerk; and
WHEREAS, the City Council, at its meeting on April 23, 2024, had before it the Preliminary Engineer’s Report.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Attachment 7

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Res. No. 24-XX 2
This determination reflects the City’s independent judgment and analysis.

Section 2. Accepts the Preliminary Engineer’s Report, a copy of which is on file in the Office of the City Clerk and is incorporated herein by reference.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on April 23, 2024, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Adoption of a Resolution Accepting the Preliminary
Engineer’s Report for the Concord Citywide Street
Lighting Assessment District
Resolution No. 24-XX
/
WHEREAS, the Concord Citywide Street Lighting Assessment District was created on March 8, 1988, by the adoption of Resolution No. 88-46; and
WHEREAS, the City Council is required by the Streets and Highways Code 22500 et seq. to follow certain steps in order to levy an annual assessment; and WHEREAS, the City Council on March 5, 2024, adopted Resolution No. 24-17 ordering the preparation and filing of the Engineer’s Report; and
WHEREAS, the Preliminary Engineer’s Report has been prepared and filed with the City Clerk; and
WHEREAS, the City Council, at its meeting on April 23, 2024, had before it the Preliminary Engineer’s Report.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

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XX 2
environment, and no further environmental review is required. No unusual circumstances are present.

This determination reflects the City’s independent judgment and analysis.

Section 2. Accepts the Preliminary Engineer’s Report, a copy of which is on file in the Office of the City Clerk and is incorporated herein by reference.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on April 23, 2024, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Page 126 of 138 ends

1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Adoption of a Resolution of Intention to Order
Improvements and to Set Public Hearing for the
Downtown Landscape Maintenance District
Resolution No. 24-XX
/
WHEREAS, the Downtown Landscape Maintenance District was created on November 14, 1983, by the adoption of Resolution No. 83-132; and
WHEREAS, pursuant to the provisions of the Landscape and Lighting Act of 1972 (Streets and Highways Code 22500 et seq.), the City must follow certain steps in order to levy an annual assessment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

This determination reflects the City’s independent judgment and analysis.

Section 2. The City Council intends to levy and collect assessments within the Downtown Landscape Maintenance District during the Fiscal Year 2024/2025. The amount of the proposed assessment for Fiscal Year 2024/2025 is $497,612. The assessment for Fiscal Year 2024/2025 Attachment 9

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2 depends on each parcel’s square footage, street frontage, and respective benefit zone. The purpose of the assessment is for the maintenance of landscaping in the Concord downtown area. The area of land to be assessed is located within the boundaries of the City of Concord, County of Contra Costa.

Section 3. The improvements within said district include: the installation or planting of landscaping; the installation of landscaping and park and recreational improvements; the construction of any facilities which are necessary or convenient for the maintenance or servicing thereof; and the maintenance or servicing of any of the foregoing.

Section 4. The Preliminary Engineer’s Report has been filed with the City Clerk and accepted by the City Council. All interested persons are referred to that report for a full and detailed description of the improvements, the properties to be assessed and the proposed assessments upon assessable lots and parcels of land within the assessment district.

Section 5. All interested parties may contact Craig Blythe, General Services Manager, at (923) 671-3141 for additional information about the assessment. Section 5. Property owners may mail a written protest against the assessment to the Office of the City Clerk at 1950 Parkside Drive, MS/03, Concord, California 94519-2378.

Section 6. On Tuesday, May 28, 2024, the City Council will conduct a public hearing on the question of the levy of the proposed assessment. The hearing will be held at 6:30 p.m. in the City Council Chambers located at 1950 Parkside Drive, Concord, California and remotely via Zoom.

Section 7. The City Clerk is authorized and directed to publish this notice of public hearing by publication of this resolution, as required by the Landscape and Lighting Act of 1972.

Section 8. This resolution shall become effective immediately upon its passage and adoption. //
//
//
//
//
//

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3 PASSED AND ADOPTED by the City Council of the City of Concord on April 23, 2024, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Adoption of a Resolution of Intention to Order
Improvements and to Set Public Hearings for the
Pine Hollow Landscape and Lighting Maintenance
District
Resolution No. 24-XX
/
WHEREAS, the Pine Hollow Landscape and Lighting Maintenance District was created on January 28, 1985, by the adoption of Resolution No. 85-15; and WHEREAS, pursuant to the provisions of the Landscape and Lighting Act of 1972 (Streets and Highways Code 22500 et seq.), the City must follow certain steps in order to levy an annual assessment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

This determination reflects the City’s independent judgment and analysis.

Section 2. The City Council intends to levy and collect assessments within the Pine Hollow Landscape and Lighting Maintenance District during the Fiscal Year 2024/2025. No increase in the Attachment 10

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2 assessment rate is proposed for the Pine Hollow LMD. The amount of the proposed assessment is $61,755 for Fiscal Year 2024/2025. Each residential parcel within the district is to be assessed in proportion to the size in square feet of the dwelling. The proposed range for Fiscal Year 2024/2025 is approximately $70 - $305 per parcel. The area of land to be assessed is located within the boundaries of the City of Concord, County of Contra Costa.

Section 3. The improvements within the Pine Hollow Landscape and Lighting Maintenance District include: the installation or planting of landscaping; the installation of parks and recreational improvements; the construction of any facilities which are necessary or convenient for the maintenance or servicing thereof; and the maintenance or servicing of any of the foregoing.

Section 5. All interested parties may contact Craig Blythe, General Services Manager, at (925) 671-3141 for additional information about the assessment. Section 5. Property owners may mail a written protest against the assessment to the Office of the City Clerk at 1950 Parkside Drive, MS/03, Concord, California 94519-2578.

Section 7. The City Clerk is authorized and directed to publish this notice of public hearing by publication of this resolution, as required by the Landscape and Lighting Act of 1972.

Section 8. This resolution shall become effective immediately upon its passage and adoption. //
//
//
//

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3 PASSED AND ADOPTED by the City Council of the City of Concord on April 23, 2024, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Page 132 of 138 ends

XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Adoption of a Resolution of Intention to Order
Improvements and to Set Public Hearing for the
Landscaping and Lighting Assessment District No. 3
Resolution No. 24-XX
/
WHEREAS, the Landscaping and Lighting Assessment District #3 was created on June 25, 1979, by the adoption of Resolution No. 79-6202; and
WHEREAS, pursuant to the provisions of the Landscape and Lighting Act of 1972 (Streets and Highways Code 22500 et seq.), the City must follow certain steps in order to levy an annual assessment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

This determination reflects the City’s independent judgment and analysis.

Section 2. The City Council intends to levy and collect assessments within the Landscaping and Lighting Assessment Maintenance District No. 3 during the Fiscal Year 2024/2025. The area of land to be assessed is located within the boundaries of the City of Concord, County of Contra Costa.

Attachment 11

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XX 2
Section 3. No increase in the assessment rate is proposed for Kirkwood. The total amount of the proposed assessment is $19,020 for Fiscal Year 2024/2025. The proposed assessment per parcel for Fiscal Year 2024/2025 is $40.64. The purpose of the assessment is for landscaping in center island medians, streetscapes, landscaped easements, and common area landscaping in the Kirkwood area.

Section 4. The amount of the proposed assessment for Ygnacio Woods is $11,890 in Fiscal Year 2024/2025. The proposed assessment per parcel for Fiscal Year 2024/2025 is $339.72 per parcel. The purpose of the assessment is for the maintenance of common area landscaping in Ygnacio Woods.

Section 5. There is no assessment proposed for Balhan Terrace or Valley Terrace for Fiscal Year 2024/2025.

Section 6. The Preliminary Engineer’s Report has been filed with the City Clerk and accepted by the City Council. All interested persons are referred to that report for a full and detailed description of the improvements, the properties to be assessed and the proposed assessments upon assessable lots and parcels of land within the assessment district.

Section 7. All interested parties may contact Craig Blythe, General Services Manager, at (925) 671-3141 for additional information about the assessment.

Section 8. Property owners may mail a written protest against the assessment to the Office of the City Clerk at 1950 Parkside Drive, MS/03, Concord, California 94519-2578.

Section 9. On Tuesday, May 28, 2024, the City Council will conduct a public hearing on the question of the levy of the proposed assessment. The hearing will be held at 6:30 p.m. in the City Council Chambers located at 1950 Parkside Drive, Concord, California and remotely via Zoom.

Section 10. The City Clerk is authorized and directed to publish this notice of public hearing by publication of this resolution, as required by the Landscape and Lighting Act of 1972.

Section 11. This resolution shall become effective immediately upon its passage and adoption. //
//

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XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on April 23, 2024, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Page 135 of 138 ends

1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Adoption of a Resolution of Intention to Order
Improvements and to Set Public Hearing for the
Citywide Street Lighting Assessment District
Resolution No. 24-XX
/
WHEREAS, the Concord Citywide Street Lighting Assessment District was created on March 8, 1988, by adoption of Resolution No. 88-46; and
WHEREAS, pursuant to the provisions of the Landscape and Lighting Act of 1972 (Streets and Highways Code 22500 et seq.), the City must follow certain steps in order to levy an annual assessment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

This determination reflects the City’s independent judgment and analysis.

Section 2. The City Council intends to levy and collect assessments within the Citywide Street Lighting Assessment District during the Fiscal Year 2024/2025. No increase in the assessment rate is proposed for the Citywide Street Lighting Assessment District. The amount of the proposed Attachment 12

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2 assessment is $1,045,360 for Fiscal Year 2024/2025. The rate of assessment for Fiscal Year 2024/2025 is $25.00 per equivalent dwelling unit (EDU). The amount of the assessment per parcel for Fiscal Year 2024/2025 ranges from $12.50 to $500. The area of land to be assessed is located within the boundaries of the City of Concord, Contra Costa County.

Section 3. The improvements within this district generally consist of the installation, maintenance, and servicing of public lighting facilities in public places within the district. Public lighting facilities consist of pole mounted street lights within the public right-of-way and public parking areas of the City of Concord. Lighting facilities are intended to provide safety, security, and convenience of occupants, pedestrians, and travelers.

Section 4. The Preliminary Engineer’s Report has been filed with the City Clerk and accepted by the City Council. All interested persons are referred to this report for a full and detailed description of the improvements, the properties to be assessed, and the proposed assessment upon assessable parcels of land within the district.

Section 5. All interested parties may contact Craig Blythe, General Services Manager, at (925) 671-3141 for additional information about the assessment.

Section 6. Property owners may mail a written protest against the assessment to the Office of the City Clerk at 1950 Parkside Drive, MS/03, Concord, California 94519-2578.

Section 7. On Tuesday, May 28, 2024, the City Council will conduct a public hearing on the question of the levy of the proposed assessment. The hearing will be held at 6:30 p.m. in the City Council Chambers located at 1950 Parkside Drive, Concord, California and remotely via Zoom.

Section 8. The City Clerk is authorized and directed to publish this notice of public hearing by publication of this resolution, as required by the Landscape and Lighting Act of 1972.

Section 9. This resolution shall become effective immediately upon its passage and adoption. //
//
//
//

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3 PASSED AND ADOPTED by the City Council of the City of Concord on April 23, 2024, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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Staff Report
Date: April 23, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Prepared by: Leng Power, Community Services Manager
[email protected]
(925) 603-6838
Subject: Considering adoption of a Resolution authorizing the disbursement of Cannabis Community Benefit Funds and
execution of all attendant documents and agreements through the Community Grants Program for Fiscal Year 2024/25 for the total amount of $150,000.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b), 15273, 15378, and/or Public Resources Code Section 21065.

Report in Brief
In May 2023, the Concord City Council (Council) provided direction on the procedure for distributing funding from the City’s Cannabis Community Benefits Fund (CCBF), including an allocation of $150,000 for nonprofit organizations. This report presents the funding recommendations from the Community Services Commission (Commission) for disbursement of Cannabis Community Benefit Funds for FY 24/25 as directed by Council. The total fund award recommendation is $150,000 to support eight projects in the areas of workforce development, youth drug prevention/education, and mental health/substance abuse services.

Recommended Action
Adopt a Resolution authorizing the disbursement of Cannabis Community Benefit Funds and execution of all attendant documents and agreements through the Community Grants Program for Fiscal Year 2024/25 for the total amount of $150,000.

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City Council Agenda Report
Agenda Item No. 4.e
April 23, 2024
Background
In 2018, Council adopted an ordinance to allow retail cannabis businesses in the City of Concord (City). On April 12, 2022, the City established a Cannabis Community Benefits Fund for the purpose of collecting voluntary funding commitments made by Cannabis Licenses holders (Developers) within their Development Agreements.1 In May 2023, Council provided direction on the procedure for distributing funding from the City’s Cannabis Community Benefits Fund as follows:

The City Council will distribute funds to nonprofit organizations through grant awards.  Organizations receiving grants must serve residents within the City of Concord and must provide any of the following services:
o Youth drug use prevention and education efforts
o Drug treatment programs and/or mental health programs, including programs providing supervised diversion from the criminal justice system to avoid recidivism.
o Workforce development
 At least 20% of the Cannabis Community Benefit Fund will be appropriated for the City’s low-resource areas and identify qualifying projects such as workforce development, small business assistance, improving quality of life and economic opportunity and public improvements in accordance with Program 26.1 of the Housing Element.
 The Community Services Commission will recommend grant awards on alternating three-year and two-year cycles beginning in Fiscal Year 2023-24.  Awards will automatically carry over to years two (and three if in the three-year cycle) at the same amount, upon verification that performance metrics have been met and initial funding was spent according to the grant award.  Up to $150,000 will be allocated for the first year 2024/25of the first cycle. The second cycle of funding will align with the Community Development Block Grant schedule for FY 2025/26 and FY 2026/27. Future cycles will be based on actual revenue generation from the fund, and staff are authorized to increase or decrease funding amounts as revenue grows or shrinks.
 Award amounts may be lowered proportionately if grant funds come in lower in years two and/or three.
 If there is a significant increase in available funding, staff and the Community Services Commission may choose to re-open a grant award mid-cycle. 1 Generally speaking, the commitments represent 1% of each Developer’s gross receipts, collected on an annual basis.

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City Council Agenda Report
Agenda Item No. 4.e
April 23, 2024
 The minimum award amount for each nonprofit organization will be $10,000; there is no maximum award amount.
 Funds will be distributed to organizations 50% up front with the remaining balance released upon verification of expenditures and documentation of having met performance requirements.

Analysis
On October 25, 2023, at a Special Meeting, the Community Services Commission received information on the new Cannabis Community Benefit Fund and approved City staff’s (Staff) proposed application schedule.

Staff conducted broad outreach to community-based organizations, non-profit agencies, and interested stakeholders to share information about the new CCBF funding opportunity. A virtual orientation was held on December 5, 2023, for interested parties to learn about the funding amount, focus areas, and application process. The orientation recording was made available on the Community Grants webpage along with information on how to access the CCBF grant application portal.

This initial CCBF award will be for one fiscal year 2024/25. The second cycle of CCBF will be incorporated into the Community Development Block Grant cycle of alternating two- to three-year funding cycles. The next cycle of CCBF will be for the two fiscal years 2025/26 and 2026/27.

Once a grant application is funded, the organization will receive 50% of awarded funds up front. Recipients must submit semi-annual progress reports detailing clients served and services provided, program income and expenditures, and any issues/challenges the program faced. Staff review the reports to ensure that the goals and objectives of the program agreement are met before disbursement of fund balance.

The Commission heard presentations and reviewed applications from ten local agencies with a total funding request for the coming fiscal year of $298,230. All applications were reviewed and assessed utilizing evaluation criteria that aligned with current community grant guidelines. The Commission recommends funding to eight local programs that target at-risk or low-income populations. The programs provide mental health services, youth drug use prevention and education services, and workforce development. The Commission took this action at a public meeting on March 13, 2024. These recommendations are detailed in Exhibit A (Cannabis Community Benefit Funding Allocations FY 2024/25) to Attachment 1. Council has full discretion to modify the recommended allocations presented therein.

Financial Impact
Funds allocated to CCBF grants are generated through voluntary contributions from Developers as part of their Development Agreement.

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City Council Agenda Report
Agenda Item No. 4.e
April 23, 2024
Council allocated $150,000 from the Cannabis Community Benefit fund for the first award year. Funding amounts for future cycles will be based on actual revenue generation from the fund, and staff are authorized to increase or decrease funding amounts as Developer contributions increase or decrease.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the allocation of Cannabis Community Benefit funds supporting programs to at-risk populations does not constitute a “project,” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c), 15061(b), 15723, and 15378 because the activity involves government financing, and because there is no potential that the activity will result in a direct or reasonably foreseeable indirect physical change in the environment,.

Moreover, even if this were determined to be a “project” for CEQA analysis, this activity falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachments

1. Resolution authorizing the disbursement of Cannabis Community Benefit Funds Exhibit A: Cannabis Community Benefit Funding Allocations FY 2024/25

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Res. No. 24-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Authorizing Disbursement of Cannabis
Community Benefits Funds and Execution of all
Attendant Documents and Agreements through the
Community Grants Program for Fiscal Year 2024/25
for the total amount of $150,000
Resolution No. 24-XX
_______________________________________________________________ / WHEREAS, on June 12, 2018, the City Council adopted Ordinance No. 18-3, which amended the Municipal Code and Development Code to establish a Commercial Cannabis Overlay District, associated development standards, and a licensing framework for medicinal-only cannabis. manufacturing and distribution, and adult-use and medicinal testing laboratories; and WHEREAS, on May 26, 2020, the City Council Adopted Ordinance No. 20-4, Amending Concord Municipal Code Chapter 5.80 (Cannabis) and Development Code (Title 18) to Allow Adult- Use City Cannabis Licenses for Manufacturers and Type 13 Distributors; Increase the Maximum Number of City Cannabis Licenses for Manufacturers, Type 13 Distributors, and Testing Laboratories, and Allow City Cannabis Licenses for Retail (Storefront and Non-Storefront), Microbusinesses, and Type 11 Distributors; and
WHEREAS, on July 28, 2020, the City Council approved the procedure, criteria, and scoring. for a merit-based competitive process to review and select eligible applicants to apply for available City Cannabis Licenses for cannabis storefront retailers, non-storefront retailers, and microbusinesses with a storefront retail component; and
WHEREAS, pursuant to Municipal Code Chapter 18.460 and Government Code Sections 65864 et seq., the City has executed Development Agreements with licensees who successfully competed for and secured competitive licenses (i.e., cannabis storefront retailers, non-storefront retail component) and that in those Development Agreements, the Developers committed to Cannabis Community Benefits Fund (CCBF) contributions; and
WHEREAS, from time to time the City Council will hold duly noticed public hearings to consider the adoption of Ordinances that approve and authorize the City Manager to execute Attachment 1

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Res. No. 24-XX 2
Development Agreements with certain City Cannabis Licenses holders (Developers); and WHEREAS, on April 12, 2022, the City established a Cannabis Community Benefits Fund for the purpose of collecting voluntary funding commitments made by holders of Cannabis Licenses within their Development Agreements; and
WHEREAS, on May 16, 2023, the City Council provided direction on the procedure for distributing funding from the City’s Cannabis Community Benefits Fund; and WHEREAS, on October 25th, 2023, the Community Services Commission received information on the Cannabis Community Benefit Fund and application process; and WHEREAS, on December 5, 2023, a virtual Kickoff Orientation was conducted to provide information on the new funding opportunity to interested agencies and answer questions; and WHEREAS, on March 13, 2024, after the application review and evaluation process, the Community Services Commission met at a duly noticed and regularly scheduled meeting to finalize the CCBF funding recommendations for FY 2024/25; and
WHEREAS, as further described in the accompanying staff report and in Exhibit A, $150,000 is allocated in grant funding for FY 2024/25 for Community Benefit programs and program administration.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the allocation of CCBF funds supporting community programs to at-risk populations constitute a “project,” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c), 15061(b), 15273, and 15378 because the activity involves government financing, and because there is no potential that the activity will result in a direct or reasonably foreseeable indirect physical change in the environment.

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Res. No. 24-XX 3
projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Section 2. The City Manager is authorized to disburse funds and execute all attendant documents and agreements consistent with Exhibit A hereto report, entitled Cannabis Community Benefit Funding Recommendations FY 2024/25, subject to City Attorney approval.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on April 23, 2024, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A – Cannabis Community Benefit Funding Recommendations FY 2024/25

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Exhibit A to Attachment 1
Contra Costa Family Justice
Center Mental Health for Youth
City Objective: Mental Health Programs. Increase
services to youth in the Mount Diablo Unified School
District who are victims of or witness to interpersonal violence, by providing direct connection to a
comprehensive range of mental health and trauma-
informed services.
$20,000
COCOKIDS, INC. Road To Success
City Objective: Workforce Development. Provide
resources and support to low to moderate income
households in starting and operating a licensed family
child care program.
$20,000
Court Appointed Special
Advocates (CASA) Inc. CASA THERAPY PROJECT
City Objective: Mental Health Programs. Build and
strengthen capacity for trained therapists/volunteers
to work with youth ages 12-21 currently in the foster
care system, to address mental health challenges
related to trauma and abuse.
$20,000
Opportunity Junction
Healthcare Career Pathway
(HCP): Training Concord
Residents for Rewarding
Healthcare Careers
City Objective: Workforce Development. Provide low
income job seekers with secure sustainable
employment in the healthcare field by providing free
training in small cohorts with wrap around services,
work experience, assisting with work related expenses,
and connection to employers.
$25,000
Monument Impact Day Labor
City Objective: Workforce Development. Strengthen
Day Labor Program which predominantly serves
residents from the Monument Corridor who encounter
barriers to tradtional employment due to immigration
status, language fluency, limited education and lack of social networks.
$25,000
Applicant Project Description Funding
Recommendation
Cannabis Community Benefit Fund - Funding Recommendations for FY 2024-25

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Exhibit A to Attachment 1
We Care Services for Children Expansion of Mental Health Services
City Objective: Mental Health Services. Increase mental health safety net services to at risk, high needs
children and their families from marginalized
communities. Early mental health interventions for all
members of a family will have positive impacts on a
child's development and family functioning.
$15,000
Cancer Support Community
Mental Health Services for
Cancer Patients and their
Families
City Objective: Mental Health Services. Provide
internship and training opportunities for masters and
docorate level graduate students to participate in
counseling and pyschological programs for patients
with cancer and their families.
$15,000
City of Concord Recreation Youth
Scholarship Program
City Objective: Youth prevention. Provide scholarships
to income qualifying youth to participate in
recreational enrichment programs that promote
positive social development, attachment to positive
role models, increased self esteem and skill
development.
$10,000
Total Funding Recommendation $150,000

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Staff Report
Date: April 23, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Kevin Wheat, PE, Associate Civil Engineer
[email protected]
(925) 671-3422
Subject: Considering:

1. Award of a Construction Contract in the amount of
$2,225,377.00 to Sposeto Engineering, Inc. for the East Downtown Concord PDA Access & Safe Routes to Transit
Project (Project No. 2457) and authorizing Staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; and authorizing the
Mayor to execute the contract in a form acceptable to the City Attorney; and making the NEPA and CEQA
determinations as provided in this staff report (Funded by Federal OBAG 2 Quickstrike, Measure J TLC and Measure J Local Funds);

2. Approval of a Professional Services Agreement with Park Engineering in the not-to-exceed amount of $213,363.12
(base agreement of $193,966.47 plus staff authority to
spend up to a 10% contingency of $19,396.65) for
construction management, inspection, and materials
testing services and authorizing the City Manager to
execute the agreement in a form acceptable to the City
Attorney;

3. Approval of an Amendment to the Professional Services Agreement (PSA) with Ruggeri-Jensen-Azar, in the amount of $44,356.00 for providing additional environmental

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City Council Agenda Report
Agenda Item No. 4.f
April 23, 2024
services, design, and other related services in preparing NEPA documents as required for East Downtown Concord
PDA Access and Safe Routes to Transit (Project No. 2457);

4. Accepting and Appropriating OBAG 2 Quickstrike grant funds in the total amount of $2,164,000, which will be used to cover a majority of the construction and construction management costs;

5. Approval of a budget transfer in the amount of $350,000 to East Downtown Concord PDA Access & Safe Routes to
Transit (Project No. 2457) from Oak Grove Pavement
Rehabilitation Phase 3 (Project No. 2557 – Measure J Local Funds); and

6. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2457 and directing the City Clerk to file a Notice of Completion.

NEPA: Categorical exclusion per Section 23 CFR 771.117(c)(3).

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

Report in Brief
The East Downtown Concord PDA Access & Safe Routes to Transit Project (Project No. 2457) aims to provide accessibility and safety improvements to the community. Initially, Project No. 2457 (Project) aimed to construct new concrete sidewalk, filling existing “gaps” in sidewalk at the following locations:
 Location 1 – The Alameda (at Cordova Way)
 Location 2 – The Alameda (1915 The Alameda to 6th Street)  Location 3 – Parkside Drive (across the street from Concord Library at Salvio Street intersection)
 Location 4 – Parkside Drive (between Concord Blvd & Willow Pass Road)  Location 5 – 6th Street (between The Alameda & Willow Pass Road)  Location 6 – Bonificio Street (at Beach Street intersection)  Location 7 (Removed from Project) – Salvio Street (near Willow Pass Park)  Location 8 – Green Infrastructure Bioretention Facility in Concord Library Parking Lot

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City Council Agenda Report
Agenda Item No. 4.f
April 23, 2024
Due to limited funding (see Background section of this report), City of Concord (City) staff (Staff) advertised the Project for bids a second time, with the goal of prioritizing a select number of the above locations. Based on the bids received and the required local match for the Project’s grant funding, Staff plans to proceed with Locations 1, 2, 3, and

5. Aside from new concrete sidewalk, curb and gutter, the Project also installs new concrete driveways, a fourth crosswalk at the intersection of 6th Street & Concord Blvd with signal upgrades, and adds a Class III bike route on The Alameda, 6th Street, and Parkside Drive, as well as new storm drain facilities and relocations/restorations of private property improvements such as landscaping and fencing to accommodate the new sidewalk. There is minimal paving work involved in the Project. See attached location map for Project locations (Attachment 1). The Federal project number is STPL- 5135(063).

The Project has been designed and competitively bid (see Attachment 2 – Bid Summary); and is at the point of construction contract award. If award is approved by the City Council (Council), Project construction is expected to begin in June 2024 and be completed by November 2024, weather permitting. The construction contract with Sposeto Engineering Inc. (SEI) is attached (Attachment 3).

Construction management, inspection, and materials testing services are needed to ensure work during construction by the contractor is performed and completed in a manner satisfactory to the Project contract documents and the City. The Professional Services Agreement with Park Engineering is attached (Attachment 4).

Additional environmental services were required by the design consultant (RJA), and their subconsultant (Douglas Herring & Associates) in order to assist the City in submitting required NEPA documents to Caltrans in order to obtain NEPA approval for the Project. Amendment to RJA’s Professional Services Agreement is attached (Attachment 5).

Recommended Action

1. Award a Construction Contract in the amount of $2,225,377.00 to Sposeto Engineering, Inc. for the East Downtown Concord PDA Access & Safe Routes to Transit Project (Project No. 2457) and authorizing Staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and make the NEPA and CEQA determinations as provided in this staff report; (Funded by Federal OBAG 2 Quickstrike, Measure J TLC and Measure J Local Funds);

2. Approve a Professional Services Agreement with Park Engineering in the not-to- exceed amount of $213,363.12 (base agreement of $193,966.47 plus staff authority to spend up to a 10% contingency of $19,396.65) for construction management, inspection, and materials testing services and authorize the City

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City Council Agenda Report
Agenda Item No. 4.f
April 23, 2024
Manager to execute the agreement in a form acceptable to the City Attorney; and make the NEPA and CEQA determinations as provided in this staff report;

3. Approve an Amendment to the Professional Services Agreement (PSA) with Ruggeri-Jensen-Azar, in the amount of $44,356.00 for providing additional environmental services, design, and other related services in preparing NEPA documents as required for East Downtown Concord PDA Access and Safe Routes to Transit (Project No. 2457)authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and make the NEPA and CEQA determinations as provided in this staff report;

4. Accept & Appropriate OBAG 2 Quickstrike grant funds in the total amount of $2,164,000 which will be used to cover a majority of the construction and construction management costs; and make the NEPA and CEQA determinations as provided in this staff report;

5. Approve a budget transfer in the amount of $350,000 to East Downtown Concord PDA Access & Safe Routes to Transit (Project No. 2457) from Oak Grove Pavement Rehabilitation Phase 3 (Project No. 2557 – Measure J Local Funds); and make the NEPA and CEQA determinations as provided in this staff report; and

6. Authorize the City Engineer to accept the improvements upon completion of Project No. 2457 and directing the City Clerk to file a Notice of Completion.

Background
On May 15, 2019, Contra Costa Transportation Authority (CCTA) approved Resolution 19-19-G which allocated $485,000 to the City of Concord (Measure J Transportation for Livable Communities TLC funds), funding the design phase of Project No. 2457. The City contributed $486,000 of Measure J Local funds as a match for the grant funds received for this Project.

On October 15, 2019, Council approved a Professional Services Agreement with Ruggeri-Jenzen-Azar (RJA) for project design and related services for this Project.

On May 11, 2021, Council adopted a resolution authorizing the filing of an application for funding assigned to the Metropolitan Transportation Commission (MTC) via OBAG 2 Quickstrike funds (for $2,164,000) and committing to fund the City’s local match of $280,369, and stating assurance to complete the East Downtown PDA Access and Safe Routes to Transit, Project No. 2457.

The City worked diligently towards filing of the funding application over the past two years, obtaining NEPA approval from Caltrans for the Project in January 2023, and right of way certification from Caltrans on July 11, 2023, which involved 60 temporary permit to enter and construct agreements with property owners fronting the new sidewalk improvements. The City submitted the funding authorization request for the $2,164,000

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City Council Agenda Report
Agenda Item No. 4.f
April 23, 2024
OBAG 2 Quickstrike funds to Caltrans on July 14, 2023, and received the Authorization to Proceed for the construction phase of the Project on September 7, 2023.

The City held one virtual public meeting on July 29, 2020, to present the Project scope of work and construction impacts to property owners impacted by the work, and those in the surrounding Project area. Staff sent follow up requests to property owners that wanted to meet in person to discuss any concerns they had with the new sidewalk.

The City also presented the Project to the City’s Bicycle and Pedestrian Advisory Committee (BPAC) on July 7, 2020.

Staff continued communication with property owners through 2022 and 2023, meeting in person and/or communicating via phone or email with all the property owners that had additional questions or concerns. Staff met with property owners in person at the respective properties as part of developing and completing 60 signed temporary permit to enter and construct agreements with property owners.

Staff obtained NEPA approval from Caltrans in January 2023, and R/W Certification approval in July 2023. City obtained approval from Caltrans to use OBAG 2 Quickstrike funds towards construction in September 2023.

On September 13, 2016, Council approved a Citywide Project Stabilization Agreement with the Contra Costa Building & Trades Council for projects with a construction contract valued at over $750,000. Project 2457 will be subject to the requirements of the Project Stabilization Agreement (PSA). The prospective bidders for this Project were made aware of this requirement as part of the bid documents. Caltrans and the Federal Highway Administration (FHWA) approved the City’s use of the PSA for this Project on November 16, 2023. The two agencies refer to the PSA as a Project Labor Agreement (PLA).

The Project was initially advertised for bids in November 2023 and had a bid opening on December 14, 2023. Due to lack of available funding at the time to cover the entire Project (there was a shortfall of $950,000 to proceed with all locations), the City subsequently rejected all bids at the February 13, 2024 Council meeting. The Project was re-scoped and re-advertised immediately to only commit to two locations (Location 2 and Location 5) as part of the base bid, with the option for Staff to add other Project locations based on funding available at the time of award.

Analysis
The $2,164,000 federal OBAG 2 Quickstrike funds available in 2021 were recognized as insufficient to fully fund construction for all locations in the Project, even with the City’s required local match. However, the funding available does provide sufficient funding to cover Locations 1, 2, 3, and 5, while ensuring the City fully expends all of the

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City Council Agenda Report
Agenda Item No. 4.f
April 23, 2024
federal funds being appropriated. The City will request full reimbursement from the appropriated OBAG 2 Quickstrike funds throughout construction.

In relation to the $2,164,000 federal OBAG 2 Quickstrike funds, the City has requested approval from Caltrans to provide the minimum local match of 11.47% of the construction contract amount. This allows the City to receive reimbursement for up to the maximum of 88.53% of participating construction costs. In order for the City to receive a total reimbursement in the amount of $2,164,000 (fully expending all of the appropriated federal funds), the City needs to award a construction contract higher than this amount, such that when the 88.53% reimbursement rate is accounted for, it is equal or greater to $2,164,000. Staff has analyzed the locations with which to proceed in order to maximize the use of federal funding, while minimizing the amount of additional local funds to the Project (Locations 1, 2, 3, and 5). The required local match to proceed with Locations 1, 2, 3, and 5 is $264,237.14. A budget transfer of $350,000 is required to ensure that the Project has sufficient funding for construction management, the local match, and a 10% contingency on the construction contract. Staff is recommending one budget transfer which is discussed more in the Financial Impact section of this report.

Procurement Process
Construction Contract: The Project was advertised for construction bids as required by State law and City policy. The Engineer’s Estimate for the Total Bid was $1,920,000.

Bids were opened on March 14, 2024. Four (4) bids were received in the amount ranging from $1,897,724.10 to $5,093,110.00. The basis of award for this Project is the Total Base Bid (Locations 2 & 5 only). The City reserves the right to add any of the other additive bid locations (Locations 1, 3, 4, 6, and 8). The lowest bid was received from Sposeto Engineering, Inc. (SEI) of Livermore, CA. A summary of the four bids can be found in Attachment 2 (Bid Summary).

SEI was the low bidder and submitted a responsive and responsible bid. SEI has an appropriate and valid contractor’s license and satisfactory work references.

Staff completed analysis of SEI’s bid, determining that this firm along with its subcontractors possess appropriate and valid licenses, and are not on any debarred lists. SEI is registered with the Department of Industrial Relations as required by SB 854. SEI and their subcontractors have submitted the required agreement to be bound to the Citywide Project Stabilization Agreement.

A Disadvantaged Business Enterprise (DBE) Goal of 21% was established for this construction contract. None of the four bids received met this goal.

SEI was not able to meet this goal, with a DBE participation rate of 5.66% of the Project cost allocated to qualified DBE subcontractors. However, SEI submitted a timely Good Faith Effort which was reviewed by Staff and deemed acceptable.

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City Council Agenda Report
Agenda Item No. 4.f
April 23, 2024
The bids from Kerex Engineering and Saboo Inc. were deemed nonresponsive after further evaluation, due to both not meeting the contract’s DBE goal, and not submitting a Good Faith Effort to the City within 5 calendar days after bid opening.

Construction Management Contract: Staff issued a Request for Proposal (RFP) to select a consultant to provide construction management, inspection, and materials testing services on September 21, 2023. The RFP was advertised in the local newspaper and on the City’s Procurement Website. Six (6) proposals were received, which were reviewed and ranked by the selection committee.

Based on the analysis of the proposals, interviews, and references, Park Engineering (Park) of Orinda, CA was selected as the most qualified firm to provide construction management, inspection, and materials testing services for the East Downtown Concord PDA Access & Safe Routes to Transit (Project No. 2457). Staff and Park negotiated the scope of work and cost for the services and agreed upon $193,966.47 as a fair and reasonable compensation for the services needed to properly manage construction and provide inspection for the Project.

A Disadvantaged Business Enterprise (DBE) Goal of 11% was established for this construction management contract. Park was able to exceed this goal easily, due to being a certified DBE firm.

Park Engineering and their material testing sub-consultant, Applied Materials & Engineering, Inc. (AME) have agreed to be bound to the Citywide Project Stabilization Agreement.

Financial Impact
The current total budget for this Project is $3,135,000 and is funded by federal One Bay Area Grant (OBAG 2) Quickstrike funds (Fund 402), Measure J Transportation for Livable Communities TLC funds (Fund 479), and Measure J Local funds (Fund 475).

There are insufficient funds to cover the 10% contingency for the construction contract, the required local match amount, and to award the construction management PSA, which is needed to provide construction management, inspection, materials testing, and assistance to Staff to help ensure reimbursement of federal funds. Therefore, a budget transfer in the amount of $350,000 is required. The budget transfer will occur from Oak Grove Pavement Rehabilitation Phase 3, Project No. 2557 (Fund 475 – Measure J Local) which is a completed project.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, and/or 15378, Council action on these items is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment and because it involves government

Page 7 of 131 ends

City Council Agenda Report
Agenda Item No. 4.f
April 23, 2024
funding/fiscal activities. In the alternative, Council action on this item is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and 15304 – Minor Alterations to Land. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. The CEQA Notice of Exemption for the construction contract will be filed with the County Clerk’s office following the Council action on this item.

The project is Categorically Excluded from preparation of an environmental review in accordance with Section 23 CFR 771.117(c): activity (c)(3) of the National Environmental Policy Act (NEPA). NEPA approval was obtained from Caltrans in January 2023.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Bid Summary

3. Construction Contract with Exhibits A & B

4. Professional Services Agreement with Exhibit A – Park Engineering

5. Amendment to Professional Services Agreement with Exhibit A - RJA

Page 8 of 131 ends

ATTACHMENT 1

PROJECT LOCATION MAP

EAST DOWNTOWN PDA ACCESS & SAFE ROUTES TO TRANSIT PROJECT CITY PROJECT NO. 2457
FEDERAL AID PROJECT NO. STPL-5135(063)

Page 9 of 131 ends

City of Concord
Bid Sheet
PROJECT #2457 Bid Opening:

East Downtown Concord PDA Access and
Safe Routes to Transit
Thursday,
March 14, 2024
2:00 p.m.

City Manager's
Engineer’s Estimate: $1,920,000 To be awarded: April 18, 2024

COMPANY TOTAL BID
Sposeto Engineering Inc.
4558 General Place
Livermore, CA 94551
$1,897,724.10
Kerex Engineering
P.O. Box 23831
Pleasant Hill, CA 94523
$2,058,995.00
Ghilotti Bros., Inc
525 Jacoby Street
San Rafael, CA 94901
$2,069,753.55
Saboo Inc.
415 Beatrice Court Suite H
Brentwood, CA 94513
$5,093.110.00
Co
ntact: Kevin Wheat x3422
Attachment 2

Page 10 of 131 ends

1 CONTRACT
THIS CONTRACT, made and entered into this A pril 23, 2024, between the CITY OF CONCORD, a general law city in Contra Costa County, California, hereinafter called "City", and Sposeto Engineering, Inc. 4558 Contractors Place, Livermore, CA 94551, hereinafter called "Contractor", for East Downtown Concord PDA Access & Safe Routes To Transit Project, City Project No. 2457, Federal Project No. STPL- 5135(063).

1. Th at for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two bonds attached hereto, the Contractor agrees with the City, at its his own cost and expense, to do all the work and furnish all the materials, except such as may be furnished by the City, as set forth in the Specifications, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City the following work: construction of new concrete sidewalk, curb ramps, and driveways to enhance pedestrian connectivity to and from the Downtown Concord that provides access to the BART station, Priority Development Area (PDA), bus stops, schools and parks; traffic control, staging of the work, erosion and sediment controls, storm water pollution control, clearing and grubbing, demolition and off -haul of existing improvements, concrete curb and gutter, asphalt pavement, storm drain improvements, sidewalk and driveway conforms, public notification and coordination with property owners, asphalt concrete sawcut and removal, traffic signal modification, pavement striping and markings, replacement of existing improvements such as trees, plants, fences, and irrigation, plant establishment, and such other items or details that are required by the Plans, and specified in the Special Provisions, and also in accordance with all provisions of the 2018 edition of the State Standard Specifications, which said Special Provisions and State Standard Specifications are hereby specially referred to and by such reference made a part hereof, and also in accordance with Federal Highway Administration (FHWA) form FHWA -1273. Form FHWA - 1273, unmodified and in its entirety, is physically attached to this contract as Exhibit A and is incorporated by reference as though fully restated herein. Contractor shall physically insert form FHWA -1273, unmodified and in its entirety, into all subcontracts, except for purchase orders, rental agreements, and other agreements for supplies or services, and shall require and ensure that Contractor’s subcontractors do the same.

Attachment 3

Page 11 of 131 ends

2 The work to be done is shown on the Plans provided Contractor in connection with the work to be performed hereunder, which Plans are hereby made a part of this contract.

2. The Contractor agrees to receive and accept $2,225,377.00 as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer under them.

Final contracts signed by the City and the Contractor, including subcontracts, must physically c
ontain the applicable federal wage rates as revised by addendums, if any such addendums were issued.

A physical copy of the applicable federal wage rates for this Contract is attached hereto as Exhibit B and incorporated by reference. Contractor shall attach a true and correct copy of such Exhibit B to all subcontracts. In the event any of the signed contracts, including subcontracts, do not physically contain the applicable federal wage rates as revised by addendums, then a change order to each such contract/subcontract shall be issued to physically incorporate applicable federal wage rates.

3. T he City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions as provided; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

4. Contractor is an independent contractor and is solely responsible for all acts of its employees, agents, or subcontractors, including any negligent acts or omissions. Contractor is not City’s employee and Contractor shall have no authority, expressed or implied, to act on behalf of the City as an agent, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to Contractor.

Page 12 of 131 ends

3 5. The Contract Documents may not be modified orally or in any manner other than by an agreement of the parties, in writing.

6. The Contract Documents, including but not limited to SP 9.09, are intended to provide the exclusive procedures for submission and resolution of Claims of any amount and apply in addition to the provisions of Public Contract Code § 9204 and §§ 20104 et seq., which are incorporated by reference herein.

7. Waiver of a breach or default under the Contract Documents shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Contract.

8. If any term of the Contract Documents (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Contract Documents shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this section shall not apply to the extent that enforcement of the Contract Documents without the term would be grossly inequitable under all the circumstances or would frustrate the purposes of the Contract Documents.

9. Time is of the essence to the terms of this contract.

NOTICE TO CONTRACTOR: If a corporation, attach a certified copy of the Bylaws or the Resolution of the Board of Directors authorizing execution of this contract and the bonds required hereby.

IN WITNESS WHEREOF, the parties to these presents have executed this contract the year and date first above written.

John Sposeto
Sposeto Engineering, Inc.
a California corporation

By:___________________________________
Contractor

CITY OF CONCORD,
a municipal corporation

By:___________________________________
Mayor
Email: j
[email protected]

APPROVED AS TO FORM:

By:__________________________________
City Attorney
ATTEST:

By:__________________________________
City Clerk

Page 13 of 131 ends

4 FINANCE DIRECTOR FUND CERTIFICATION

GL CODE ACCOUNT CODE AMOUNT
402-9500-C999-74200
475-9500-C999-74200
402-2457-215-74200
475-2457-115-74200
$1,978,126.26
$110,377.00
479-9500-C999-74200 479-2457-215-74200

$144,873.74

I hereby certify that adequate funds exist or will be received during the 2023-24 Fiscal Years to pay for the anticipated expenses to be incurred pursuant to this contract.

Director of Finance Date Signed

Exhibit A - Fo rm FHWA-1273

Exhibit B - A pplicable Federal Wage Rate

Page 14 of 131 ends

1 FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS

I. General
II. Nondiscrimination
III. Non- segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
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 Funds for
Lobbying
XII. Use of United States-Flag Vessels:

ATTACHMENTS

A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)

I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e).

The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).

The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)

The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-

1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.

Page 15 of 131 ends

2 1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).

b. The contractor will accept as its operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.

e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.

4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.

a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.

b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.

The following procedures shall be followed:

a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.

b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.

c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.

d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action

Page 16 of 131 ends

3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:

a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.

b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).

c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.

d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:

a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.

c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.

b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurances Required :

a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.

The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non- responsible.
c. The Title VI and nondiscrimination provisions of U.S.

DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.

a. The records kept by the contractor shall document the following:

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4 (1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;

(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and

(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.

b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES

This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.

As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy
between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.

This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.

Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional 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 its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;

Page 18 of 131 ends

5 (ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor 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 appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.

Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 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 meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

2. Withholding (29 CFR 5.5)
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 or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The 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 subject to Davis-Bacon labor standards requirements and is held by the 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 contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph

Page 19 of 131 ends

6 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(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;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.

All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(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 amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(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 of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified 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 situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this 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 certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
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 Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. 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; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.

Page 20 of 131 ends

7 (5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity (29 CFR

5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph

4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
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.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with

Page 21 of 131 ends

8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.

6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) 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 of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.

7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.

9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.

10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.

11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and
guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR

5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment.

In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or

Page 22 of 131 ends

9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.

3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this 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 by the same prime contractor (as defined in § 5.2). The 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 subject to the Contract Work Hours and Safety Standards Act and is held by the 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
contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(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;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) 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 of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.

VI. SUBLETTING OR ASSIGNING THE CONTRACT

This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).

a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.

Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation)

(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;

Page 23 of 131 ends

10 (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.

b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.

2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.

3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116).

5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).

VII. SAFETY: ACCIDENT PREVENTION

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).

The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:

18 U.S.C. 1020 reads as follows:

"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or

Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or

Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;

Shall be fined under this title or imprisoned not more than 5 years or both."

Page 24 of 131 ends

11 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)

This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.

By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.

The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.

X. CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220.

1. Instructions for Certification – First Tier Participants:

a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below.

b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.

c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.

d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.

e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).

f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.

g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.

h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325.

i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.

* * * * *

Page 25 of 131 ends

12 2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:

a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.

(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800;

(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and

(4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).

(5) Are not a corporation that has been convicted of a felony violation under any Federal law
within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and

(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).

b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.

* * * * *

3. Instructions for Certification - Lower Tier Participants:

(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.

a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.

d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.

You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.

f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.

g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335.

h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily

Page 26 of 131 ends

13 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.

* * * * *

4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:

a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:

(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;

(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and

(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)

b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.

* * * * *

XI. CERTIFICATION REGARDING USE OF CONTRACT

FUNDS FOR LOBBYING

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.

b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.

2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.

XII. USE OF UNITED STATES-FLAG VESSELS:

This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.

When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:

1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.

2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.

Page 27 of 131 ends

14 ATTACHMENT A - EMPLOYMENT AND MATERIALS

PREFERENCE FOR APPALACHIAN DEVELOPMENT

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

1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:

a. To the extent that qualified persons regularly residing in the area are not available.

b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to 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 laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment
Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted 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 any job applicants who, in his opinion, are not qualified to perform the classification of work required.

4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may 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 region.

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.

Page 28 of 131 ends

"General Decision Number: CA20240018 02/23/2024
Superseded General Decision Number: CA20230018
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and Tuolumne Counties 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.

Additional information on contractor requirements and worker

Page 29 of 131 ends

protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date
0 01/05/2024
1 01/12/2024
2 01/19/2024
3 01/26/2024
4 02/09/2024
5 02/16/2024
6 02/23/2024
ASBE0016-004 01/01/2021
AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED,

MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS &

TOULMNE COUNTIES
AREA 2: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA

CLARA COUNTIES
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)
Area 1......................$ 30.45 10.60
Area 2......................$ 36.53 9.27
---------------------------------------------------------------- ASBE0016-008 02/01/2023
AREA 1: ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN

FRANCISCO, SAN MATEO, SANTA CLARA, & SANTA CRUZ
AREA 2: CALAVERAS, COLUSA, FRESNO, KINGS, MADERA, MARIPOSA,

MERCED, SAN JOAQUIN, STANISLAUS, & TUOLUMNE
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
Protective Coverings,
Coatings, and Finishes to all
types of mechanical systems)
Area 1......................$ 80.91 23.82
Area 2......................$ 62.26 23.82
---------------------------------------------------------------- BOIL0549-001 01/01/2021
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA

CLARA COUNTIES
AREA 2: REMAINING COUNTIES

Page 30 of 131 ends

Rates Fringes

BOILERMAKER
Area 1......................$ 49.62 41.27
Area 2......................$ 45.60 38.99
---------------------------------------------------------------- BRCA0003-001 08/01/2022
Rates Fringes
MARBLE FINISHER..................$ 39.20 18.31 ---------------------------------------------------------------- BRCA0003-003 08/01/2022
Rates Fringes
MARBLE MASON.....................$ 56.98 28.54 ---------------------------------------------------------------- BRCA0003-005 05/01/2022
Rates Fringes

BRICKLAYER
( 1) Fresno, Kings,
Madera, Mariposa, Merced....$ 47.88 23.29
( 7) San Francisco, San
Mateo.......................$ 53.69 26.03
( 8) Alameda, Contra
Costa, San Benito, Santa
Clara.......................$ 53.61 23.81
( 9) Calaveras, San
Joaquin, Stanislaus,
Toulumne....................$ 45.12 21.55
(16) Monterey, Santa Cruz...$ 50.78 25.42
---------------------------------------------------------------- BRCA0003-008 07/01/2022
Rates Fringes
TERRAZZO FINISHER................$ 41.93 18.98 TERRAZZO WORKER/SETTER...........$ 56.84 27.53 ---------------------------------------------------------------- BRCA0003-011 04/01/2022
AREA 1: Alameda, Contra Costa, Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz
AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne
AREA 3: Fresno, Kings, Madera, Mariposa, Merced
Rates Fringes

TILE FINISHER
Area 1......................$ 33.86 17.54
Area 2......................$ 30.90 17.67
Area 3......................$ 29.89 16.80
Tile Layer
Area 1......................$ 55.41 20.50
Area 2......................$ 50.66 20.40
Area 3......................$ 45.76 19.92
---------------------------------------------------------------- CARP0022-001 07/01/2023

Page 31 of 131 ends

San Francisco County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 60.39 33.52
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 60.54 33.52
Journeyman Carpenter........$ 60.39 33.52
Millwright..................$ 60.49 35.11
---------------------------------------------------------------- CARP0034-001 07/01/2021
Rates Fringes
Diver
Assistant Tender, ROV
Tender/Technician...........$ 54.10 34.69
Diver standby...............$ 60.51 34.69
Diver Tender................$ 59.51 34.69
Diver wet...................$ 103.62 34.69
Manifold Operator (mixed
gas)........................$ 64.51 34.69
Manifold Operator (Standby).$ 59.51 34.69
DEPTH PAY (Surface Diving):
050 to 100 ft $2.00 per foot
101 to 150 ft $3.00 per foot
151 to 220 ft $4.00 per foot
221 ft.-deeper $5.00 per foot
SATURATION DIVING:

The standby rate shall apply until saturation starts. The saturation diving rate applies when divers are under
pressure continuously until work task and decompression are complete. The diver rate shall be paid for all saturation hours.

DIVING IN ENCLOSURES:

Where it is necessary for Divers to enter pipes or tunnels, or other enclosures where there is no vertical ascent, the following premium shall be paid: Distance traveled from entrance 26 feet to 300 feet: $1.00 per foot. When it is necessary for a diver to enter any pipe, tunnel or other enclosure less than 48"" in height, the premium will be $1.00 per foot.

WORK IN COMBINATION OF CLASSIFICATIONS:

Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift.
---------------------------------------------------------------- CARP0034-003 07/01/2021
Rates Fringes
Piledriver.......................$ 54.10 34.69 ----------------------------------------------------------------

Page 32 of 131 ends

CARP0035-007 07/01/2020
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San Joaquin, Stanislaus, Tuolumne Counties
Rates Fringes
Modular Furniture Installer
Area 1
Installer..................$ 28.76 22.53
Lead Installer.............$ 32.21 23.03
Master Installer...........$ 36.43 23.03
Area 2
Installer..................$ 26.11 22.53
Lead Installer.............$ 29.08 23.03
Master Installer...........$ 32.71 23.03
Area 3
Installer..................$ 25.16 22.53
Lead Installer.............$ 27.96 23.03
Master Installer...........$ 31.38 23.03
---------------------------------------------------------------- CARP0035-008 08/01/2020
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: San Joaquin
AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Stanislaus, Tuolumne Counties
Rates Fringes
Drywall Installers/Lathers:

Area 1......................$ 52.65 31.26
Area 2......................$ 46.77 31.26
Area 3......................$ 47.27 31.26
Area 4......................$ 45.92 31.26
Drywall Stocker/Scrapper
Area 1......................$ 26.33 18.22
Area 2......................$ 23.39 18.22
Area 3......................$ 23.64 18.22
Area 4......................$ 22.97 18.22
---------------------------------------------------------------- CARP0152-001 07/01/2020
Contra Costa County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &

Page 33 of 131 ends

Steel Shoring Erector, Saw
Filer.......................$ 52.80 30.82
Journeyman Carpenter........$ 52.65 30.82
Millwright..................$ 52.75 32.41
---------------------------------------------------------------- CARP0152-002 07/01/2020
San Joaquin County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 46.92 30.82
Journeyman Carpenter........$ 46.77 30.82
Millwright..................$ 49.27 32.41
---------------------------------------------------------------- CARP0152-004 07/01/2020
Calaveras, Mariposa, Merced, Stanislaus and Tuolumne Counties Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 45.57 30.82
Journeyman Carpenter........$ 45.42 30.82
Millwright..................$ 47.92 32.41
---------------------------------------------------------------- CARP0217-001 07/01/2023
San Mateo County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 60.39 33.52
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 60.54 33.52
Journeyman Carpenter........$ 60.39 33.52
Millwright..................$ 60.49 35.11
---------------------------------------------------------------- CARP0405-001 07/01/2021
Santa Clara County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49

Page 34 of 131 ends

Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
---------------------------------------------------------------- CARP0405-002 07/01/2021
San Benito County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
---------------------------------------------------------------- CARP0505-001 07/01/2021
Santa Cruz County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
---------------------------------------------------------------- CARP0605-001 07/01/2021
Monterey County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
---------------------------------------------------------------- CARP0701-001 07/01/2021
Fresno and Madera Counties
Rates Fringes

Page 35 of 131 ends

Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 47.77 31.49
Journeyman Carpenter........$ 47.62 31.49
Millwright..................$ 50.12 33.08
---------------------------------------------------------------- CARP0713-001 07/01/2021
Alameda County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
---------------------------------------------------------------- CARP1109-001 07/01/2021
Kings County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 47.77 31.49
Journeyman Carpenter........$ 47.62 31.49
Millwright..................$ 50.12 33.08
---------------------------------------------------------------- ELEC0006-004 11/01/2023

SAN FRANCISCO COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 51.68 3%+24.65
Technician..................$ 59.43 3%+24.65
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway

Page 36 of 131 ends

systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0006-007 06/01/2023

SAN FRANCISCO COUNTY
Rates Fringes
ELECTRICIAN......................$ 88.25 3%+42.315 ---------------------------------------------------------------- ELEC0100-002 09/01/2023

FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
ELECTRICIAN......................$ 44.50 28.09 ---------------------------------------------------------------- ELEC0100-005 12/01/2023

FRESNO, KINGS, MADERA
Rates Fringes
Communications System
Installer...................$ 42.48 27.42
Technician..................$ 48.85 27.42

SCOPE OF WORK
Includes the installation testing, service and maintenance, of the following systems which utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for the following: TV monitoring and surveillance,
background-foreground music, intercom and telephone
interconnect, inventory control systems, microwave
transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms, and low voltage master clock systems.

A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS
Background foreground music, Intercom and telephone
interconnect systems, Telephone systems Nurse call systems, Radio page systems, School intercom and sound systems,
Burglar alarm systems, Low voltage, master clock systems, Multi-media/multiplex systems, Sound and musical
entertainment systems, RF systems, Antennas and Wave Guide, B. FIRE ALARM SYSTEMS Installation, wire pulling and testing C. TELEVISION AND VIDEO SYSTEMS Television monitoring and surveillance systems Video security systems, Video
entertainment systems, Video educational systems, Microwave transmission systems, CATV and CCTV

Page 37 of 131 ends

D. SECURITY SYSTEMS Perimeter security systems Vibration sensor systems Card access systems Access control systems, Sonar/infrared monitoring equipment
E. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE

INFORMATION AND/OR CONTROL SYSTEMS THAT ARE INTRINSIC TO THE ABOVE LISTED SYSTEMS SCADA (Supervisory Control and Data Acquisition) PCM (Pulse Code Modulation) Inventory Control Systems, Digital Data Systems Broadband and
Baseband and Carriers Point of Sale Systems, VSAT Data
Systems Data Communication Systems RF and Remote Control Systems, Fiber Optic Data Systems
WORK EXCLUDED Raceway systems are not covered (excluding Ladder-Rack for the purpose of the above listed systems).

Chases and/or nipples (not to exceed 10 feet) may be
installed on open wiring systems. Energy management
systems. SCADA (Supervisory Control and Data Acquisition) when not intrinsic to the above listed systems (in the
scope). Fire alarm systems when installed in raceways
(including wire and cable pulling) shall be performed at the electrician wage rate, when either of the following two (2) conditions apply:

1. The project involves new or major remodel building trades construction.

2. The conductors for the fire alarm system are installed in conduit.
---------------------------------------------------------------- * ELEC0234-001 12/25/2023

MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes

ELECTRICIAN
Zone A......................$ 65.16 29.55
Zone B......................$ 71.68 29.75
Zone A: All of Santa Cruz, Monterey, and San Benito Counties within 25 air miles of Highway 1 and Dolan Road in Moss Landing, and an area extending 5 miles east and west of Highway 101 South to the San Luis Obispo County Line
Zone B: Any area outside of Zone A
---------------------------------------------------------------- ELEC0234-003 12/01/2021

MONTEREY, SAN BENITO, AND SANTA CRUZ COUNTIES
Rates Fringes
Sound & Communications
Installer...................$ 47.93 24.09
Technician..................$ 55.12 24.30
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when

Page 38 of 131 ends

performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

CONTRA COSTA COUNTY
Rates Fringes
CABLE SPLICER....................$ 68.92 32.67 ELECTRICIAN......................$ 61.26 32.44 ---------------------------------------------------------------- ELEC0302-003 12/01/2023

CONTRA COSTA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 48.44 27.60
Technician..................$ 55.71 27.82
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

SANTA CLARA COUNTY
Rates Fringes
CABLE SPLICER....................$ 95.65 44.42

Page 39 of 131 ends

ELECTRICIAN......................$ 83.17 44.045 FOOTNOTES: Work under compressed air or where gas masks are required, orwork on ladders, scaffolds, stacks, ""Bosun's chairs,"" or other structures and where the workers are not protected by permanent guard rails at a distance of 40 to 60 ft. from the ground or supporting structures: to be paid one and one-half times the straight-time rate of pay.

Work on structures of 60 ft. or over (as described above):
to be paid twice the straight-time rate of pay.
---------------------------------------------------------------- ELEC0332-003 12/01/2023

SANTA CLARA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 53.18 27.745
Technician..................$ 61.16 27.985
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

ALAMEDA COUNTY
Rates Fringes
CABLE SPLICER....................$ 80.73 3%+42.87 ELECTRICIAN......................$ 70.20 3%+42.87 ---------------------------------------------------------------- ELEC0595-002 12/01/2022

CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
CABLE SPLICER....................$ 53.34 7.75%+25.88

ELECTRICIAN
(1) Tunnel work.............$ 46.67 7.75%+25.88
(2) All other work.........$ 44.45 7.75%+25.88
----------------------------------------------------------------

Page 40 of 131 ends

ELEC0595-006 11/01/2023

ALAMEDA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 51.18 3%+24.15
Technician..................$ 58.86 3%+24.15
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
Communications System
Installer...................$ 40.88 3%+24.15
Technician..................$ 47.01 3%+24.15
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

Page 41 of 131 ends

---------------------------------------------------------------- ELEC0617-001 06/01/2023

SAN MATEO COUNTY
Rates Fringes
ELECTRICIAN......................$ 78.00 45.88 ---------------------------------------------------------------- ELEC0617-003 12/01/2023

SAN MATEO COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 53.18 27.75
Technician..................$ 61.16 27.98
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
ELECTRICIAN......................$ 46.00 3%+27.68 CABLE SPLICER = 110% of Journeyman Electrician
---------------------------------------------------------------- ELEC0684-004 12/01/2022

MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
Communications System
Installer...................$ 40.88 25.13
Technician..................$ 47.01 25.31
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control

Page 42 of 131 ends

function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 64.40 22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 50.00 21.30
(3) Groundman...............$ 38.23 20.89
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
---------------------------------------------------------------- ELEV0008-001 01/01/2024
Rates Fringes
ELEVATOR MECHANIC................$ 80.76 37.885+a+b FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
---------------------------------------------------------------- ENGI0003-001 06/28/2023
""AREA 1"" WAGE RATES ARE LISTED BELOW
""AREA 2"" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1 RATES.

SEE AREA DEFINITIONS BELOW

Page 43 of 131 ends

Rates Fringes
OPERATOR: Power Equipment
(AREA 1:)
GROUP 1.....................$ 60.72 31.03
GROUP 2.....................$ 59.19 31.03
GROUP 3.....................$ 57.71 31.03
GROUP 4.....................$ 56.33 31.03
GROUP 5.....................$ 55.06 31.03
GROUP 6.....................$ 53.74 31.03
GROUP 7.....................$ 52.60 31.03
GROUP 8.....................$ 51.46 31.03
GROUP 8-A...................$ 49.25 31.03
OPERATOR: Power Equipment
(Cranes and Attachments -
AREA 1:)
GROUP 1
Cranes.....................$ 52.30 31.15
Oiler......................$ 43.79 31.15
Truck crane oiler..........$ 46.08 31.15
GROUP 2
Cranes.....................$ 50.54 31.15
Oiler......................$ 42.83 31.15
Truck crane oiler..........$ 45.07 31.15
GROUP 3
Cranes.....................$ 48.80 31.15
Hydraulic..................$ 44.44 31.15
Oiler......................$ 42.55 31.15
Truck crane oiler..........$ 44.83 31.15
GROUP 4
Cranes.....................$ 45.76 31.15
OPERATOR: Power Equipment
(Piledriving - AREA 1:)
GROUP 1
Lifting devices............$ 52.64 31.15
Oiler......................$ 43.38 31.15
Truck Crane Oiler..........$ 45.66 31.15
GROUP 2
Lifting devices............$ 50.82 31.15
Oiler......................$ 43.11 31.15
Truck Crane Oiler..........$ 45.41 31.15
GROUP 3
Lifting devices............$ 49.14 31.15
Oiler......................$ 42.89 31.15
Truck Crane Oiler..........$ 45.12 31.15
GROUP 4
Lifting devices............$ 47.37 31.15
GROUP 5
Lifting devices............$ 44.73 31.15
GROUP 6
Lifting devices............$ 42.50 31.15
OPERATOR: Power Equipment
(Steel Erection - AREA 1:)
GROUP 1
Cranes.....................$ 53.27 31.15
Oiler......................$ 43.72 31.15
Truck Crane Oiler..........$ 45.95 31.15
GROUP 2
Cranes.....................$ 51.50 31.15
Oiler......................$ 43.45 31.15
Truck Crane Oiler..........$ 45.73 31.15
GROUP 3
Cranes.....................$ 50.02 31.15

Page 44 of 131 ends

Hydraulic..................$ 45.07 31.15
Oiler......................$ 43.23 31.15
Truck Crane Oiler..........$ 45.46 31.15
GROUP 4
Cranes.....................$ 48.00 31.15
GROUP 5
Cranes.....................$ 46.70 31.15
OPERATOR: Power Equipment
(Tunnel and Underground Work
- AREA 1:)
SHAFTS, STOPES, RAISES:

GROUP 1....................$ 56.82 31.03
GROUP 1-A..................$ 59.29 31.03
GROUP 2....................$ 55.56 31.03
GROUP 3....................$ 54.23 31.03
GROUP 4....................$ 53.09 31.03
GROUP 5....................$ 51.95 31.03
UNDERGROUND:

GROUP 1....................$ 56.72 31.03
GROUP 1-A..................$ 59.19 31.03
GROUP 2....................$ 55.46 31.03
GROUP 3....................$ 54.13 31.03
GROUP 4....................$ 52.99 31.03
GROUP 5....................$ 51.85 31.03
FOOTNOTE: Work suspended by ropes or cables, or work on a Yo-Yo Cat: $.60 per hour additional.

POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1: Operator of helicopter (when used in erection work); Hydraulic excavator, 7 cu. yds. and over; Power shovels, over 7 cu. yds.

GROUP 2: Highline cableway; Hydraulic excavator, 3-1/2 cu. yds. up to 7 cu. yds.; Licensed construction work boat
operator, on site; Power blade operator (finish); Power shovels, over 1 cu. yd. up to and including 7 cu. yds.
m.r.c.

GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine assistant to engineer or mechanic; Crane
mounted continuous flight tie back machine, tonnage to
apply; Crane mounted drill attachment, tonnage to apply; Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over; Long reach excavator; Multiple engine scraper (when used as push pull); Power shovels, up to and including 1 cu. yd.; Pre-stress wire wrapping machine; Side boom cat, 572 or larger; Track
loader 4 cu. yds. and over; Wheel excavator (up to and
including 750 cu. yds. per hour)
GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to and including 3/4 cu. yd.; Concrete batch plant (wet or dry); Dozer and/or push cat; Pull- type elevating loader; Gradesetter, grade
checker (GPS, mechanical or otherwise); Grooving and
grinding machine; Heading shield operator; Heavy-duty
drilling equipment, Hughes, LDH, Watson 3000 or similar; Heavy-duty repairperson and/or welder; Lime spreader;
Loader under 4 cu. yds.; Lubrication and service engineer (mobile and grease rack); Mechanical finishers or spreader machine (asphalt, Barber-Greene and similar); Miller

Page 45 of 131 ends

Formless M-9000 slope paver or similar; Portable crushing and screening plants; Power blade support; Roller operator, asphalt; Rubber-tired scraper, self-loading (paddle-wheels, etc.); Rubber- tired earthmoving equipment (scrapers); Slip form paver (concrete); Small tractor with drag; Soil
stabilizer (P & H or equal); Spider plow and spider puller; Tubex pile rig; Unlicensed constuction work boat operator, on site; Timber skidder; Track loader up to 4 yds.;
Tractor-drawn scraper; Tractor, compressor drill
combination; Welder; Woods-Mixer (and other similar Pugmill equipment)
GROUP 5: Cast-in-place pipe laying machine; Combination slusher and motor operator; Concrete conveyor or concrete pump, truck or equipment mounted; Concrete conveyor,
building site; Concrete pump or pumpcrete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring machinery, horizontal (not to apply to waterliners, wagon drills or jackhammers); Concrete mixer/all; Person and/or material hoist; Mechanical finishers (concrete)
(Clary, Johnson, Bidwell Bridge Deck or similar types); Mechanical burm, curb and/or curb and gutter machine,
concrete or asphalt); Mine or shaft hoist; Portable
crusher; Power jumbo operator (setting slip-forms, etc., in tunnels); Screed (automatic or manual); Self-propelled
compactor with dozer; Tractor with boom D6 or smaller;
Trenching machine, maximum digging capacity over 5 ft.
depth; Vermeer T-600B rock cutter or similar
GROUP 6: Armor-Coater (or similar); Ballast jack tamper; Boom- type backfilling machine; Assistant plant engineer; Bridge and/or gantry crane; Chemical grouting machine,
truck-mounted; Chip spreading machine operator; Concrete saw (self-propelled unit on streets, highways, airports and canals); Deck engineer; Drilling equipment Texoma 600,
Hughes 200 Series or similar up to and including 30 ft. m.r.c.; Drill doctor; Helicopter radio operator;
Hydro-hammer or similar; Line master; Skidsteer loader, Bobcat larger than 743 series or similar (with
attachments); Locomotive; Lull hi-lift or similar; Oiler, truck mounted equipment; Pavement breaker, truck-mounted, with compressor combination; Paving fabric installation and/or laying machine; Pipe bending machine (pipelines
only); Pipe wrapping machine (tractor propelled and
supported); Screed (except asphaltic concrete paving);
Self- propelled pipeline wrapping machine; Tractor;
Self-loading chipper; Concrete barrier moving machine
GROUP 7: Ballast regulator; Boom truck or dual-purpose
A-frame truck, non-rotating - under 15 tons; Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r.c.; Firetender (hot plant); Grouting machine operator; Highline cableway signalperson; Stationary belt loader (Kolman or similar); Lift slab
machine (Vagtborg and similar types); Maginnes internal full slab vibrator; Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor combination); Pipe cleaning machine (tractor propelled and supported); Post driver; Roller (except asphalt); Chip
Seal; Self-propelled automatically applied concrete curing mahcine (on streets, highways, airports and canals);
Self-propelled compactor (without dozer); Signalperson; Slip-form pumps (lifting device for concrete forms); Tie spacer; Tower mobile; Trenching machine, maximum digging capacity up to and including 5 ft. depth; Truck- type loader

Page 46 of 131 ends

GROUP 8: Bit sharpener; Boiler tender; Box operator;
Brakeperson; Combination mixer and compressor
(shotcrete/gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator;
Gunite/shotcrete equipment operator; Hydraulic monitor; Ken seal machine (or similar); Mixermobile; Oiler; Pump
operator; Refrigeration plant; Reservoir-debris tug (self- propelled floating); Ross Carrier (construction site);
Rotomist operator; Self-propelled tape machine; Shuttlecar; Self-propelled power sweeper operator (includes vacuum
sweeper); Slusher operator; Surface heater; Switchperson; Tar pot firetender; Tugger hoist, single drum; Vacuum
cooling plant; Welding machine (powered other than by
electricity)
GROUP 8-A: Elevator operator; Skidsteer loader-Bobcat 743 series or smaller, and similar (without attachments); Mini excavator under 25 H.P. (backhoe-trencher); Tub grinder wood chipper
----------------------------------------------------------

ALL CRANES AND ATTACHMENTS
GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over 100 tons; Derrick, over 100 tons; Derrick barge
pedestal-mounted, over 100 tons; Self-propelled boom-type lifting device, over 100 tons
GROUP 2: Clamshell and dragline over 1 cu. yd. up to and including 7 cu. yds.; Crane, over 45 tons up to and
including 100 tons; Derrick barge, 100 tons and under;
Self-propelled boom-type lifting device, over 45 tons;
Tower crane
GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Cranes 45 tons and under; Self-propelled boom-type lifting device 45 tons and under;
GROUP 4: Boom Truck or dual purpose A-frame truck,
non-rotating over 15 tons; Truck-mounted rotating
telescopic boom type lifting device, Manitex or similar (boom truck) over 15 tons; Truck-mounted rotating
telescopic boom type lifting device, Manitex or similar (boom truck) - under 15 tons;
-----------------------------------------------------------

PILEDRIVERS
GROUP 1: Derrick barge pedestal mounted over 100 tons;
Clamshell over 7 cu. yds.; Self-propelled boom-type lifting device over 100 tons; Truck crane or crawler, land or barge mounted over 100 tons
GROUP 2: Derrick barge pedestal mounted 45 tons to and
including 100 tons; Clamshell up to and including 7 cu. yds.; Self-propelled boom-type lifting device over 45 tons; Truck crane or crawler, land or barge mounted, over 45 tons up to and including 100 tons; Fundex F-12 hydraulic pile rig GROUP 3: Derrick barge pedestal mounted under 45 tons; Self- propelled boom-type lifting device 45 tons and under;
Skid/scow piledriver, any tonnage; Truck crane or crawler,

Page 47 of 131 ends

land or barge mounted 45 tons and under
GROUP 4: Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over; Heavy-duty repairperson/welder GROUP 5: Deck engineer
GROUP 6: Deckhand; Fire tender
-------------------------------------------------------------

STEEL ERECTORS
GROUP 1: Crane over 100 tons; Derrick over 100 tons; Self- propelled boom-type lifting device over 100 tons
GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100 tons; Self-propelled boom-type lifting device over 45 tons to 100 tons; Tower crane
GROUP 3: Crane, 45 tons and under; Self-propelled boom-type lifting device, 45 tons and under
GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty repair person/welder
GROUP 5: Boom cat
-------------------------------------------------------------- --

TUNNEL AND UNDERGROUND WORK
GROUP 1-A: Tunnel bore machine operator, 20' diameter or more

GROUP 1: Heading shield operator; Heavy-duty repairperson; Mucking machine (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator
GROUP 2: Combination slusher and motor operator; Concrete pump or pumpcrete gun; Power jumbo operator
GROUP 3: Drill doctor; Mine or shaft hoist
GROUP 4: Combination slurry mixer cleaner; Grouting Machine operator; Motorman
GROUP 5: Bit Sharpener; Brakeman; Combination mixer and compressor (gunite); Compressor operator; Oiler; Pump
operator; Slusher operator
----------------------------------------------------------- AREA DESCRIPTIONS:

POWER EQUIPMENT OPERATORS, CRANES AND ATTACHMENTS,TUNNEL AND UNDERGROUND [These areas do not apply to Piledrivers and Steel Erectors]
AREA 1: ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS,

MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN

FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ,

STANISLAUS, TUOLUMNE
AREA 2 -NOTED BELOW

Page 48 of 131 ends

THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:

CALAVERAS COUNTY:

Area 1: Remainder
Area 2: Eastern Part
FRESNO COUNTY:

Area 1: Remainder
Area 2: Eastern Part
MADERA COUNTY:

Area 1: Remainder
Area 2: Eastern Part
MARIPOSA COUNTY:

Area 1: Remainder
Area 2: Eastern Part
MONTEREY COUNTY:

Area 1: Remainder
Area 2: Southwestern part
TUOLUMNE COUNTY:

Area 1: Remainder
Area 2: Eastern Part
---------------------------------------------------------------- ENGI0003-008 08/01/2023
Rates Fringes
Dredging: (DREDGING:

CLAMSHELL & DIPPER DREDGING;
HYDRAULIC SUCTION DREDGING:)
AREA 1:
(1) Leverman...............$ 57.95 37.55
(2) Dredge Dozer; Heavy
duty repairman.............$ 52.99 37.55
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 51.87 37.55
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 48.57 37.55
AREA 2:
(1) Leverman...............$ 59.95 37.55
(2) Dredge Dozer; Heavy
duty repairman.............$ 54.99 37.55
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 53.87 37.55
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 50.57 37.55

AREA DESCRIPTIONS
AREA 1: ALAMEDA,BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED,

NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN,

SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS,

SUTTER, YOLO, AND YUBA COUNTIES

Page 49 of 131 ends

AREA 2: MODOC COUNTY
THE REMAINGING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:

ALPINE COUNTY:

Area 1: Northernmost part
Area 2: Remainder
CALAVERAS COUNTY:

Area 1: Remainder
Area 2: Eastern part
COLUSA COUNTY:

Area 1: Eastern part
Area 2: Remainder
ELDORADO COUNTY:

Area 1: North Central part
Area 2: Remainder

FRESNO COUNTY:

Area 1: Remainder
Area 2: Eastern part
GLENN COUNTY:

Area 1: Eastern part
Area 2: Remainder
LASSEN COUNTY:

Area 1: Western part along the Southern portion of border with Shasta County
Area 2: Remainder
MADERA COUNTY:

Area 1: Except Eastern part
Area 2: Eastern part

MARIPOSA COUNTY
Area 1: Except Eastern part
Area 2: Eastern part

MONTERREY COUNTY
Area 1: Except Southwestern part
Area 2: Southwestern part
NEVADA COUNTY:

Area 1: All but the Northern portion along the border of Sierra County
Area 2: Remainder
PLACER COUNTY:

Area 1: Al but the Central portion
Area 2: Remainder
PLUMAS COUNTY:

Area 1: Western portion
Area 2: Remainder
SHASTA COUNTY:

Area 1: All but the Northeastern corner
Area 2: Remainder
SIERRA COUNTY:

Area 1: Western part

Page 50 of 131 ends

Area 2: Remainder
SISKIYOU COUNTY:

Area 1: Central part
Area 2: Remainder
SONOMA COUNTY:

Area 1: All but the Northwestern corner
Area 2: Remainder
TEHAMA COUNTY:

Area 1: All but the Western border with Mendocino & Trinity Counties
Area 2: Remainder
TRINITY COUNTY:

Area 1: East Central part and the Northeastern border with Shasta County
Area 2: Remainder
TUOLUMNE COUNTY:

Area 1: Except Eastern part
Area 2: Eastern part
---------------------------------------------------------------- ENGI0003-019 06/29/2020

SEE AREA DESCRIPTIONS BELOW
Rates Fringes
OPERATOR: Power Equipment
(LANDSCAPE WORK ONLY)
GROUP 1
AREA 1.....................$ 39.95 30.28
AREA 2.....................$ 41.95 30.28
GROUP 2
AREA 1.....................$ 36.35 30.28
AREA 2.....................$ 38.35 30.28
GROUP 3
AREA 1.....................$ 31.74 30.28
AREA 2.....................$ 33.74 30.28
GROUP DESCRIPTIONS:

GROUP 1: Landscape Finish Grade Operator: All finish grade work regardless of equipment used, and all equipment with a rating more than 65 HP.

GROUP 2: Landscape Operator up to 65 HP: All equipment with a manufacturer's rating of 65 HP or less except equipment covered by Group 1 or Group 3. The following equipment shall be included except when used for finish work as long as manufacturer's rating is 65 HP or less: A-Frame and
Winch Truck, Backhoe, Forklift, Hydragraphic Seeder
Machine, Roller, Rubber-Tired and Track Earthmoving
Equipment, Skiploader, Straw Blowers, and Trencher 31 HP up to 65 HP.

GROUP 3: Landscae Utility Operator: Small Rubber-Tired
Tractor, Trencher Under 31 HP.

AREA DESCRIPTIONS:

AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED,

Page 51 of 131 ends

NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN,

SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS,

SUTTER, YOLO, AND YUBA COUNTIES
AREA 2 - MODOC COUNTY
THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:

ALPINE COUNTY:

Area 1: Northernmost part
Area 2: Remainder
CALAVERAS COUNTY:

Area 1: Except Eastern part
Area 2: Eastern part
COLUSA COUNTY:

Area 1: Eastern part
Area 2: Remainder
DEL NORTE COUNTY:

Area 1: Extreme Southwestern corner
Area 2: Remainder
ELDORADO COUNTY:

Area 1: North Central part
Area 2: Remainder

FRESNO COUNTY
Area 1: Except Eastern part
Area 2: Eastern part
GLENN COUNTY:

Area 1: Eastern part
Area 2: Remainder
HUMBOLDT COUNTY:

Area 1: Except Eastern and Southwestern parts
Area 2: Remainder
LAKE COUNTY:

Area 1: Southern part
Area 2: Remainder
LASSEN COUNTY:

Area 1: Western part along the Southern portion of border with Shasta County
Area 2: Remainder

MADERA COUNTY
Area 1: Remainder
Area 2: Eastern part

MARIPOSA COUNTY
Area 1: Remainder
Area 2: Eastern part
MENDOCINO COUNTY:

Area 1: Central and Southeastern parts
Area 2: Remainder

MONTEREY COUNTY
Area 1: Remainder
Area 2: Southwestern part

Page 52 of 131 ends

NEVADA COUNTY:

Area 1: All but the Northern portion along the border of Sierra County
Area 2: Remainder
PLACER COUNTY:

Area 1: All but the Central portion
Area 2: Remainder
PLUMAS COUNTY:

Area 1: Western portion
Area 2: Remainder
SHASTA COUNTY:

Area 1: All but the Northeastern corner
Area 2: Remainder
SIERRA COUNTY:

Area 1: Western part
Area 2: Remainder
SISKIYOU COUNTY:

Area 1: Central part
Area 2: Remainder
SONOMA COUNTY:

Area 1: All but the Northwestern corner
Area 2: Reaminder
TEHAMA COUNTY:

Area 1: All but the Western border with mendocino & Trinity Counties
Area 2: Remainder
TRINITY COUNTY:

Area 1: East Central part and the Northeaster border with Shasta County
Area 2: Remainder
TULARE COUNTY;
Area 1: Remainder
Area 2: Eastern part
TUOLUMNE COUNTY:

Area 1: Remainder
Area 2: Eastern Part
---------------------------------------------------------------- IRON0377-001 01/01/2024

ALAMEDA, CONTRA COSTA, SAN MATEO, SANTA CLARA COUNTIES
Rates Fringes
Ironworkers:

Fence Erector...............$ 42.53 26.26
Ornamental, Reinforcing
and Structural..............$ 52.08 34.90
PREMIUM PAY:
$6.00 additional per hour at the following locations:

China Lake Naval Test Station, Chocolate Mountains Naval

Page 53 of 131 ends

Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:

Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:

Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- IRON0377-003 01/01/2024
SAN FRANCISCO CITY and COUNTY
Rates Fringes
Ironworkers:

Fence Erector...............$ 42.53 26.26
Ornamental, Reinforcing
and Structural..............$ 52.58 34.90
PREMIUM PAY:
$6.00 additional per hour at the following locations:

China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:

Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:

Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- IRON0433-005 01/01/2024

REMAINING COUNTIES
Rates Fringes

IRONWORKER
Fence Erector...............$ 42.53 26.26
Ornamental, Reinforcing
and Structural..............$ 47.45 34.90
PREMIUM PAY:

Page 54 of 131 ends

$6.00 additional per hour at the following locations:

Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:

Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0067-006 06/26/2023
AREA ""1"" - ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND

SANTA CLARA COUNTIES
AREA ""2"" - CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA,

MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, STANISLAUS, AND

TUOLUMNE COUNTIES
Rates Fringes

LABORER (ASBESTOS/MOLD/LEAD

LABORER)
Area 1......................$ 36.50 28.34
Area 2......................$ 35.50 28.34
ASBESTOS REMOVAL-SCOPE OF WORK: Site mobilization; initial site clean-up; site preparation; removal of
asbestos-containing materials from walls and ceilings; or from pipes, boilers and mechanical systems only if they are being scrapped; encapsulation, enclosure and disposal of asbestos-containing materials by hand or with equipment or machinery; scaffolding; fabrication of temporary wooden barriers; and assembly of decontamination stations.
---------------------------------------------------------------- LABO0073-002 07/01/2023

CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes

LABORER (TRAFFIC CONTROL/LANE

CLOSURE)
Escort Driver, Flag Person..$ 36.26 27.30
Traffic Control Person I....$ 36.56 27.30
Traffic Control Person II...$ 34.06 27.30
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.

TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash

Page 55 of 131 ends

cushions.
---------------------------------------------------------------- LABO0073-003 07/01/2023

SAN JOAQUIN COUNTY
Rates Fringes

LABORER
Mason Tender-Brick..........$ 36.29 25.55
---------------------------------------------------------------- LABO0073-005 06/26/2023
Rates Fringes
Tunnel and Shaft Laborers:

GROUP 1.....................$ 45.89 27.72
GROUP 2.....................$ 45.66 27.72
GROUP 3.....................$ 45.41 27.72
GROUP 4.....................$ 44.96 27.72
GROUP 5.....................$ 44.42 27.72
Shotcrete Specialist........$ 46.41 27.72

TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO0073-007 06/26/2023

CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes

LABORER (CONSTRUCTION CRAFT

LABORERS)
Construction Specialist
Group.......................$ 36.20 27.30
GROUP 1.....................$ 35.50 27.30
GROUP 1-a...................$ 35.72 27.30
GROUP 1-c...................$ 35.55 27.30
GROUP 1-e...................$ 36.05 27.30

Page 56 of 131 ends

GROUP 1-f...................$ 30.37 23.20
GROUP 2.....................$ 35.35 27.30
GROUP 3.....................$ 35.25 27.30
GROUP 4.....................$ 28.94 27.30
See groups 1-b and 1-d under laborer classifications.

LABORER (GARDENERS,

HORTICULTURAL & LANDSCAPE

LABORERS)
(1) New Construction........$ 35.25 27.30
(2) Establishment Warranty
Period......................$ 28.94 27.30

LABORER (GUNITE)
GROUP 1.....................$ 36.46 27.30
GROUP 2.....................$ 35.96 27.30
GROUP 3.....................$ 35.37 27.30
GROUP 4.....................$ 35.25 27.30

LABORER (WRECKING)
GROUP 1.....................$ 35.50 27.30
GROUP 2.....................$ 35.35 27.30
FOOTNOTES:

Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers
entitled to receive the wage rate set forth in Group 1-a below.
---------------------------------------------------------

Page 57 of 131 ends

sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.

GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work
performed on underground structures not specifically
covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed.

GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the
depth of the footing is unknown at the commencement of
excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception.

GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches

Page 58 of 131 ends

GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:

A: at demolition site for the salvage of the material.

B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.

C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.

The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"".
--------------------------------------------------------

GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman
GROUP 2: Nozzleman, Gunman, Potman, Groundman
GROUP 3: Reboundman
GROUP 4: Gunite laborer
----------------------------------------------------------

WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
---------------------------------------------------------------- LABO0073-009 07/01/2023

CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
LABORER (Plaster Tender).........$ 39.77 28.54 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0261-003 07/01/2023

SAN FRANCISCO AND SAN MATEO COUNTIES
Rates Fringes

LABORER (TRAFFIC CONTROL/LANE

CLOSURE)

Page 59 of 131 ends

Escort Driver, Flag Person..$ 37.26 27.30
Traffic Control Person I....$ 37.56 27.30
Traffic Control Person II...$ 35.06 27.30
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.

TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
---------------------------------------------------------------- LABO0261-005 06/26/2023

SAN FRANCISCO AND SAN MATEO COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:

SAN FRANCISCO, AND SAN MATEO COUNTIES
Rates Fringes

LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group.......................$ 37.20 27.30
GROUP 1.....................$ 36.50 27.30
GROUP 1-a...................$ 36.72 27.30

Page 60 of 131 ends

GROUP 1-c...................$ 36.55 27.30
GROUP 1-e...................$ 37.05 27.30
GROUP 1-f...................$ 31.37 23.20
GROUP 2.....................$ 36.35 27.30
GROUP 3.....................$ 36.25 27.30
GROUP 4.....................$ 29.94 27.30
See groups 1-b and 1-d under laborer classifications.

LABORER (GARDENERS,

HORTICULTURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction........$ 36.25 27.30
(2) Establishment Warranty
Period......................$ 29.94 27.30
LABORER (WRECKING - AREA A:)
GROUP 1.....................$ 36.50 27.30
GROUP 2.....................$ 36.35 27.30
Laborers: (GUNITE - AREA A:)
GROUP 1.....................$ 37.46 27.30
GROUP 2.....................$ 36.96 27.30
GROUP 3.....................$ 36.37 27.30
GROUP 4.....................$ 36.25 27.30
FOOTNOTES:

Page 61 of 131 ends

(except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.

Page 62 of 131 ends

inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:

A: at demolition site for the salvage of the material.

B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.

C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.

Rates Fringes
MASON TENDER, BRICK..............$ 37.05 27.45 FOOTNOTES: Underground work such as sewers, manholes, catch basins, sewer pipes, telephone conduits, tunnels and cut trenches: $5.00 per day additional. Work in live sewage:
$2.50 per day additional.
---------------------------------------------------------------- LABO0261-014 07/01/2023

Page 63 of 131 ends

SAN FRANCISCO AND SAN MATEO COUNTIES:

Rates Fringes
PLASTER TENDER...................$ 41.93 30.32 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0270-003 07/01/2023
AREA A: SANTA CLARA
AREA B: MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes

LABORER (TRAFFIC CONTROL/LANE

CLOSURE)
Escort Driver, Flag Person
Area A.....................$ 37.26 27.30
Area B.....................$ 36.26 27.30
Traffic Control Person I
Area A.....................$ 37.56 27.30
Area B.....................$ 36.56 27.30
Traffic Control Person II
Area A.....................$ 35.06 27.30
Area B.....................$ 34.06 27.30
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.

MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES Rates Fringes
Tunnel and Shaft Laborers:

Page 64 of 131 ends

slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO0270-005 07/01/2023

MONTEREY AND SAN BENITO COUNTIES
Rates Fringes

LABORER
Mason Tender-Brick..........$ 36.29 25.55
---------------------------------------------------------------- LABO0270-007 06/26/2023

MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes

LABORER (CONSTRUCTION CRAFT

LABORERS - AREA B)
Construction Specialist
Group.......................$ 36.20 27.30
GROUP 1.....................$ 35.50 27.30
GROUP 1-a...................$ 35.72 27.30
GROUP 1-c...................$ 35.55 27.30
GROUP 1-e...................$ 36.05 27.30
GROUP 1-f...................$ 36.08 27.30
GROUP 2.....................$ 35.35 27.30
GROUP 3.....................$ 35.25 27.30
GROUP 4.....................$ 28.94 27.30
See groups 1-b and 1-d under laborer classifications.

LABORER (GARDENERS,

HORTICULTURAL & LANDSCAPE

LABORERS - AREA B)
(1) New Construction........$ 35.25 27.30
(2) Establishment Warranty
Period......................$ 28.94 27.30

LABORER (GUNITE - AREA B)
GROUP 1.....................$ 36.46 27.30
GROUP 2.....................$ 35.96 27.30
GROUP 3.....................$ 35.37 27.30
GROUP 4.....................$ 35.25 27.30

LABORER (WRECKING - AREA B)
GROUP 1.....................$ 35.50 27.30
GROUP 2.....................$ 35.35 27.30
FOOTNOTES:

Page 65 of 131 ends

LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small
trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement;
Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter;
Dri-pak-it machine; Faller, logloader and bucker; Form
raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying,
dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.

GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding

Page 66 of 131 ends

Concord City CouncilApril 23, 2024

Concord City Council
April 23, 2024