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Professional Services Agreement with Dynamic Engineering Services, Inc. ... Page 246 of 446 11 City Project Number: TS2003
1. Notify the LOCAL AGENCY’s contract administrator or designat ed representative of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
i. Name and business address of each 1st-tier subconsultant ii. Name and business address of each DBE subconsultant, DBE ve ndor, and DBE trucking company, regardless of tier
iii. Date of payment and total amount paid to each business (se e Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment).
If Consultant is a DBE Consultant, they shall include the date of work performed by their own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE mus t notify Consultant in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify Consultant in writing of the certification date. Consultant shall submit the notifications to the City. On work completion, Consultant shal l complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O , f o r m a n d s u b m i t t h e form to the City within 30 days of Agreement acceptance.
Upon work completion, Consultant shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the City within 90 days of Agreement acceptance. The City will withhold $10,000 until the form is submitted. The City will release the withhold upon submission of the completed form.
In the City’s reports of DBE participation to Caltrans, the Cit y must display both commitments and attainments.
(g) A DBE is only eligible to be counted toward the Agreement g oal if it performs a commercially useful function (CUF) on the Agreement. CUF must b e evaluated on an agreement by agreement basis. A DBE performs a Commercially Use ful Function (CUF) when it is responsible for execution of the work of the Agreement and i s carrying out its responsibilities by actually performing, managing, and supervising the work invo lved. To perform a CUF, the DBE must also be responsible, with respect to materials and sup plies used on the Agreement, for negotiating price, determining quality and quantity, orderi ng the material and installing (where applicable), and paying for the material itself. To det ermine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, in dustry practices, whether the amount the firm is to be paid under the Agreement is commensura te with the work it is actually performing, and other relevant factors.
(h) A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
(i) If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work forc e, or the DBE subcontracts a greater portion of the work of the Agreement than would be expe cted on the basis of normal industry practice for the type of work involved, it will be pre sumed that it is not performing a CUF.
AGENDA ITEM #10.13
Professional Services Agreement with Dynamic Engineering Services, Inc. ... Page 247 of 446 12 City Project Number: TS2003
(j) Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shal l show the name and business address of each DBE or vendor and the total dollar amount actua lly paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE Consultant’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
(k) If a DBE subconsultant is decertified during the life of th e Agreement, the decertified subconsultant shall notify Consultant in writing wi th the date of decertification. If a subconsultant becomes a certified DBE during the life of the Ag reement, the subconsultant shall notify Consultant in writing with the date of certification. An y changes should be reported to City’s Contract Administrator within thirty (30) calendar days.
(l) After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime co ntractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise R unning Tally of Payments to [email protected] with a copy to the City.
(m) Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.
Section 23. Cost Principles .
(a) The Consultant agrees that 48 CFR Part 31, Contract Cost Pr inciples and Procedures, shall be used to determine the allowability of individual terms of cost.
(b) The Consultant also agrees to comply with Federal procedure s in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Awards.
(c) Any costs for which payment has been made to the Consultant t h a t a r e determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the Consultant to the City.
(d) When a Consultant or Subconsultant is a Non-Profit Organiza tion or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 2 00, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
Section 24. Contingent Fee. The Consultant warrants, by execution of this Agreement that no person or selling agency has been employed, o r retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of se curing business. For breach or violation of this warranty, the City has the right to annul thi s Agreement without liability; pay only for the value of the work actually performed, or in its discret ion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
Section 25. Retention of Records/Audit. For the purpose of determining compliance with Gov. Code § 8546.7, the Consultant, Subconsultants, and th e City shall maintain all books,
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documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. All p arties, including the Consultant’s Independent CPA, shall make such workpapers and materials avail able at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement and records for real prope rty and equipment acquired with federal funds must be retained for three (3) years after f inal disposition. The City, Caltrans Auditor, Federal Highway Association (FHWA), or any duly author ized representative of the Federal government having jurisdiction under Federal laws or re gulations (including the basis of Federal funding in whole or in part) shall have access to any b ooks, records, and documents of the Consultant, Subconsultants, and the Consultant’s Independen t CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excer pts, and transactions, and copies thereof shall be furnished if requested without limitation.
Section 26. Audit Review Procedures.
(a) Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be r eviewed by the City’s Chief Financial Officer.
(b) Not later than (30) days after issuance of the final audit report, the Consultant may request a review by the City’s Chief Financial Officer of u nresolved audit issues. The request for review will be submitted in writing.
(c) Neither the pendency of a dispute nor its consideration by the City will excuse the Consultant from full and timely performance, in accordance with the terms of this Agreement.
(d) Consultant and subcontractor agreement(s), including cost p roposals and indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, an Agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work p aper review. If selected for audit or review, the Agreement, cost proposal and ICR and related wor k papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other rel ated laws and regulations. In the instances of a CPA ICR audit work paper review it is Consul tant’s responsibility to ensure federal, City, or local governm ent officials are allowed full a ccess to the CPA’s work papers including making copies as necessary. The Agreement, cost propo sal, and ICR shall be adjusted by Consultant and approved by City’s Contract Manager to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this referen ce if directed by the City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, City or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for terminatio n of the Agreement and disallowance of prior reimbursed costs.
(e) Consultant’s Cost Proposal may be subject to a CPA ICR Audi t Work Paper Review and/or audit by the Independent Office of Audits and Inv estigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA IC R documentation. The Cost Proposal shall be adjusted by the Consultant and approved by th e City’s Contract Manager to conform to the Work Paper Review recommendations included in th e management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management le tter or audit
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recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created b y the Consultant’s independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each party a grees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a c ognizant approval letter, the City will reimburse the Consultant at an a ccepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 C FR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accoun ting Standards), if applicable; in accordance with procedures and gu idelines of the American Association of State Highways and Transportation Offic ials (AASHTO) Audit Guide; and other applicable procedures and guide lines}is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the pr oposed rate.
b. If the proposed rate is between one hundred fifty percent ( 150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (2 00%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require the Consultant to submit a revised independent CPA- audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Consultant’s and/or the independent CPA’s revisions.
3. If the Consultant fails to comply with the provisions of thi s paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbur sement will be limited to the accepted ICR that was established upon initia l rejection of the ICR and set forth in paragraph E.1. above for all rendered serv ices. In this event, this accepted ICR will become the actual and final ICR f or reimbursement purposes under this Agreement.
4. The Consultant may submit to the City the final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Ag reement has been completed to the satisfaction of the City; and, (3) IOAI has issued its final ICR review letter. The Consultant MUST SUBMIT its final invoice to the City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all ot her agreements executed between the City and the Consultant, either as a prime or subconsultant, with the same fiscal period ICR.
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Section 27. Disputes. Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith, to settle an y dispute amicably between them.
If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
(a) Any dispute, other than disputes arising out of an audit, c oncerning a question of fact arising under this Agreement that is not disposed of by ag reement shall be decided by a committee consisting of City’s Contract Manager and City Engine er, who may consider written or verbal information submitted by Consultant.
(b) Not later than thirty (30) calendar days after completion o f all work under the Agreement, Consultant may request review by City’s Governing Bo ard of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
(c) Neither the pendency of a dispute, nor its consideration by the committee referenced herein, will excuse Consultant from full and timely performance in accordance with the terms of this Agreement.
Section 28. Subcontracting.
(a) Nothing contained in this Agreement or otherwise, shall cre ate any contractual relation between the City and any Subconsultants, and no sub-ag reement shall relieve the Consultant of its responsibilities and obligations hereunder. The Consultant agrees to be as fully responsible to the City for the acts and omissions of its Subco nsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Consultant. The Consultant’s obligatio n to pay its Subconsultants is an independent obligation from the City’s obligation to make payments to the Consultant.
(b) The Consultant shall perform the work contemplated with res ources available within its own organization and no portion of the work shall be subcontracted without written authorization by the City’s Contract Manager, except that which is expressly identified in the Consultant’s approved Cost Proposal.
(c) Any sub-agreement entered into as a result of this Agreemen t, shall contain all the provisions stipulated in this entire Agreement to be applic able to Subconsultants unless otherwise noted.
(d) Consultant shall pay its subconsultants within Fifteen (15) calendar days from receipt of each payment made to the Consultant by the City.
(e) Any substitution of subconsultants must be approved in writ ing by the City’s Contract Manager in advance of assigning work to a substitute Subconsultant.
(f) Consultant or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherw ise agreed to in writing, the respective amounts allowed Consultant on account of the work pe rformed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from Consultant or subconsultant to a subconsultant, Consultant or s ubconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the
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subconsultant, of 2 percent of the amount due per month for eve ry month that payment is not made. In any action for the collection of funds wrongfully wit hheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
(g) No retainage will be held by the City from progress payment s due to Consultant.
Consultants and subconsultants are prohibited from holding reta inage from subconsultants. Any delay or postponement of payment may take place only for good c ause and with the City’s prior written approval. Any violation of these provisions shall subje ct the violating Consultant or subconsultant to the penalties, sanctions, and other remedies s pecified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedi es, otherwise available to Con sultant or subconsultant in the event of a dispute involving late payment or nonpayment by Cons ultant, deficient subconsultant performance and/or noncompliance by a subconsultant. This claus e applies to both DBE and non-DBE subconsultants.
Section 29. Equipment Purchase and other Capital Expenditures.
(a) Prior written authorization from the City’s Contract Manage r is required before the Consultant enters into any unbudgeted purchase order, or su bcontract exceeding $5,000 for supplies, equipment, or consultant services. The Consultant sha ll provide an evaluation of the necessity or desirability of incurring such costs.
(b) For purchase of any item, service or consulting work not co vered in the Consultant’s Scope of Work and that exceeds $5,000, with prior authorization by the City’s Contract Manager, three competitive quotations must be submitte d with the request, or the absence of proposal must be adequately justified.
(c) Any equipment purchased as a result of this Agreement is su bject to the following:
a. The Consultant shall maintain an inventory of all nonexpenda ble property.
Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, the City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, the Consultan t may either keep the equipment and credit the City in an amount equal to its fair ma rket value, or sell such equipment at the best price obtainable at a public or private s ale, in accordance with established City procedures and credit the City in an amount eq ual to the sales price. If the Consultant elects to keep the equipment, fair market value shall be determined at the Consultant’s expense, on the basis of a competent independent a ppraisal of such equipment. Appraisals shall be obtained from an appraiser mutua lly agreeable to by the City and the Consultant, if it is determined to sell the equipm ent, the terms and conditions of such sale must be approved in advance by the City.
b. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.
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Section 30. Inspection of Work. The Consultant and any subcontractor shall permit the City, the State, and the Federal Highway Administration if federal participating funds are used in this Agreement, to review and inspect the project activ ities and files at all reasonable times during the performance period of this Agreement including review and inspection on a daily basis.
Section 31. Safety.
(a) Consultant shall comply with OSHA regulations applicable t o Consultant for the services provided herein regarding necessary safety equipment o r procedures. Consultant shall comply with safety instructions issued by the City or its repre sentatives. Consultant’s personnel shall wear hard hats and safety vests at all times while workin g on the construction project site (if applicable).
(b) If applicable to the services herein, and pursuant to the authority contained in Section 591 of the Vehicle Code, the City has determined that such areas are within the limits of the project as described herein and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operat ion of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
(c) Any subcontract entered into by Consultant, shall contain all of the provisions of this Section.
(d) Consultant shall have a Division of Occupational Safety an d Health (CAL-OSHA) permit(s), as outlined in California Labor Code Sections 6500 a nd 6705, prior to the initiation of any practices, work, method, operation, or process related to t he construction or excavation of trenches which are five feet or deeper.
Section 32. Ownership of Data.
(a) It is mutually agreed that all materials prepared by Consul tant under this Agreement shall become the property of City, and Consultant sha ll have no property right therein whatsoever. Immediately upon termination, City shall b e entitled to, and Consultant shall deliver to City, reports, investigations, appraisals, inv entories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Consultant in performing this Agreement which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusivel y to City which is in Consultant’s possession. Publication of the information derived from work p erformed or data obtained in connection with services rendered under this Agreement must be approved in writing by City.
(b) Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the ser vices to be rendered by Consultant hereunder to be work made for hire. Consultant ackn owledges and agrees that the work (and all rights therein, including, without limitation, co pyright) belongs to and shall be the sole and exclusive property of City without restriction or limi tation upon its use or dissemination by City.
(c) Nothing herein shall constitute or be construed to be any r epresentation by Consultant that the work product is suitable in any way for any other project except the one
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detailed in this Agreement. Any reuse by City for another proj ect or project location shall be at City’s sole risk.
(d) Applicable patent rights provisions regarding rights to inv entions shall be included in the contracts as appropriate (48 CFR 27, Subpart 27 .3 - Patent Rights under Government Contracts for federal-aid contracts).
(e) The City may permit copyrighting of reports or other agreem ent products. In such case, the Federal Highway Administration shall have the royalty -free nonexclusive and irrevocable right to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes.
Section 33. Claims Filed by City’s Construction Contractor.
(a) If claims are filed by the City’s construction contractor r elating to work performed by Consultant’s personnel, and additional information or assist ance from the Consultant’s personnel is required in order to evaluate or defend against su ch claims, Consultant agrees to make its personnel available for consultation with the City con struction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
(b) Consultant’s personnel that the City considers essential to assist in defending against construction contractor claims will be made available o n reasonable notice from the City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for the Consultant’s personnel services under this agreement.
(c) Services of the Consultant’s personnel in connection with t he City’s construction contractor claims will be performed pursuant to a written Agree ment amendment, if necessary, extending the termination date of this agreement in order to finally resolve the claims.
Section 34. Confidentiality of Data.
(a) All financial, statistical, personal, technical, or other d ata and information relative to the City’s operations, which are designated confidential by the City and made available to the Consultant in order to carry out this Agreement, shall be prote cted by the Consultant from unauthorized use and disclosure.
(b) Permission to disclose information on one occasion, or publ ic hearing held by the City relating to the Agreement, shall not authorize the Consult ant to further disclose such information, or disseminate the same on any other occasion.
(c) The Consultant shall not comment publicly to the press or a ny other media regarding the Agreement or the City’s actions on the same, exce pt to City’s staff, Consultant’s own personnel involved in the performance of this Agreement, at public hearings or in response to questions from a Legislative committee.
(d) The Consultant shall not issue any news release or public r elations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by the City, and receipt of the City’s written permission.
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(e) All information related to the construction estimate is con fidential and shall not be disclosed by the Consultant to any entity other than the City, Caltrans, and/or Federal Highway Association (FHWA). All of the materials prepared or assembled by the Consultant pursuant to performance of this Agreement are confidential and the Consulta nt agrees that they shall not be made available to any individual or organization without the pr ior written approval of City or except by court order. If Consultant or any of its officers, em ployees, or subcontractors does voluntary provide information in violation of this Agreement, C ity has the right to reimbursement and indemnity from Consultant for any damages caused by Consult ant releasing the information, including, but not limited to, City’s attorney’s f ees and disbursements, including without limitation experts’ fees and disbursements.
Section 35. National Labor Relations Board Certification. In accordance with Public Contract Code Section 10296, Consultant hereby states un der penalty of perjury that no more than one final unappealable finding of contempt of court b y a federal court has been issued against the Consultant within the immediately preceding two-year period, because of the Consultant’s failure to comply with an order of a federal court that orders the Consultant to comply with an order of the National Labor Relations Board.
Section 36. Evaluation of Consultant. Consultant’s performance will be evaluated by the City. A copy of the evaluation will be sent to the Consultant for comments. The evaluation together with the comments shall be retained as part of the contract record.
Section 37. Statement of Compliance/Non-Discrimination Clause.
(a) Consultant’s signature affixed herein, and dated, shall con stitute a certification under penalty of perjury under the laws of the State of Califor nia that the Consultant has, unless exempt, complied with, the nondiscrimination program requiremen ts of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.
(b) During the performance of this Agreement, Consultant and it s subconsultants shall not deny the Agreement’s benefits to any person on the ba sis of race, religious creed, color, national origin, ancestry, physical disability, mental d isability, medical condition, genetic information, marital status, sex, gender, gender identity, gend er expression, age, sexual orientation, or military and veteran status, nor shall they unl awfully discriminate, harass, or allow harassment against any employee or applicant for employment bec ause of race, religious creed, color, national origin, ancestry, physical disability, m ental disability, medical condition, genetic information, marital status, sex, gender, gender identi ty, gender expression, age, sexual orientation, or military and veteran status. Consultant and sub consultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
(c) The Consultant and subconsultants shall comply with the pro visions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the appl icable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135- 11139.5, and the regulations or standards adopted by City to im plement such article. The applicable regulations of the Fair Employment and Housing Commi ssion implementing Gov.
Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
(d) The Consultant shall permit access by representatives of th e Department of Fair Employment and Housing and the City upon reasonable notice at a ny time during the normal
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business hours, but in no case less than twenty-four (24) hours ’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.
(e) The Consultant and its subconsultant s shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
(f) The Consultant shall include the nondiscrimination and comp liance provisions of this clause in all subcontracts to perform work under this Agreement.
(g) The Consultant, with regard to the work performed under thi s Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will impleme nt and maintain a policy of nondiscrimination in which no person in the United States shall , on the basis of race, color, national origin, religion, sex, age, disability, be excluded fr om participation in, denied the benefits of or subject to discrimination under any program or a ctivity by the recipients of federal assistance or their assignees and successors in interest.
(h) The Consultant shall comply with regulations relative to no n-discrimination in federally-assisted programs of the U.S. Department of Transport ation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Spec ifically, the Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
(i) Consultant, subrecipient or subconsultant will never exclud e any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract cover ed by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the C ity components of the DBE Program Plan, Consultant, subrecipient or subconsultant will not, direc tly, or through contractual or other arrangements, use criteria or methods of administration that ha ve the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
(j) During the performance of this Agreement, the Consultant, f or itself, its assignees, and successors in interest (herein collectively refe rred to as CONSULTANT) agrees as follows:
1. Compliance with Regulations: CONSULTANT shall comply with th e regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulat ions, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and ma de a part of this agreement.
2. Nondiscrimination: CONSULTANT, with regard to the work perfo rmed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selec tion and retention of sub-applicants, including procurements of materials and leases of equipment.
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, i ncluding
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employment practices when the agreement covers a program set fo rth in Appendix B of the Regulations.
3. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding o r negotiation made by CONSULTANT for work to be performed under a Sub-agreeme nt, including procurements of materials or leases of equipment, eac h potential sub-applicant or supplier shall be notified by CONSULTANT of th e CONSULTANT’S obligations under this Agreement and the Regulatio ns relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: CONSULTANT shall provide all inform ation and reports required by the Regulations, or directives issued pursu ant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the rec ipient or FHWA to be pertinent to ascertain compliance with such Regulations o r directives.
Where any information required of CONSULTANT is in the exclusiv e possession of another who fails or refuses to furnish this info rmation, CONSULTANT shall so certify to the recipient or FHWA as appropr iate, and shall set forth what efforts CONSULTANT has made to obtain the information.
5. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agr eement, the recipient shall impose such agreement sanctions as it or the FH WA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement wi thin a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, i n whole or in part.
6. Incorporation of Provisions: CONSULTANT shall include the pr ovisions of paragraphs (1) through (6) in every sub-agreement, including pr ocurements of materials and leases of equipment, unless exempt by the Regu lations, or directives issued pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agree ment or procurement as the recipient or FHWA may direct as a means of e nforcing such provisions including sanctions for noncompliance, provided, how ever, that, in the event CONSULTANT becomes involved in, or is threatened with, litigati on with a sub-applicant or supplier as a result of such direction, CONSULTANT may reque st the recipient enter into such litigation to protect the interests of the State, and , in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
(k) During the performance of this Agreement, the Consultant, f or itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
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Pertinent Non-Discrimination Authorities:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
21. The Uniform Relocation Assistance and Real Property Acquisitio n Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of person s displaced or whose property has been acquired because of Federal or Federal-aid pr ograms and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (p rohibits discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 79 4 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6 101 et seq.), (prohibits discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 USC § 4 71, Se ction 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broad ened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitatio n Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recip ients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, whic h prohibit discrimination on the basis of disability in the operation of public entities, pu blic and private transportation systems, places of public accommodation, and cer tain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Tran sportation regulations at 49 C.P.R. parts 37 and 38;
The Federal Aviation Administration's Non-discrimination statu te (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmenta l Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies , and activities with disproportionately high and adverse human health or environment al effects on minority and low-income populations;
Executive Order 13166, Improving Access to Services for Person s with Limited English Proficiency, and resulting agency guidance, national or igin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, whic h prohibits you from discriminating because of sex in education programs or act ivities (20 U.S.C. 1681 et seq).
Section 38. Debarment and Suspension Certification.
(a) The Consultant’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, t hat the Consultant or any person associated therewith in the capacity of owner, partner, director, officer or manager:
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1. Is not currently under suspension, debarment, voluntary excl usion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntary excluded, or det ermined ineligible by any federal agency with in the past three (3) years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgement r endered against it by a court of competent jurisdiction in any matter involving fr aud or official misconduct within the past three (3) years.
(b) Any exceptions to this certification must be disclosed to t he City. Exceptions will not necessarily result in denial of recommendation for award bu t will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
(c) Exceptions to the Federal Government Excluded Parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by the Federal Highway Association (FHWA).
Section 39. Conflict of Interest.
(a) The Consultant shall disclose any financial, business, or o ther relationship with City that may have an impact upon the outcome of this Agreement , or any ensuing City construction project. The Consultant shall also list current cl ients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project, which will follow.
(b) The Consultant certifies that it has disclosed to the City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. The Consultant agrees to advise the City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date o f execution of this Agreement.
The Consultant further agrees to complete any statements of economic interest if required either by the City ordinance or State law.
(c) The Consultant hereby certifies that it does not now have n or shall it acquire any financial or business interest that would conflict with the per formance of services under this Agreement.
(d) The Consultant hereby certifies that the Consultant or subc onsultant and any firm affiliated with the Consultant or subconsultant that bids on an y construction contract or on any Agreement to provide construction inspection for any constructi on project resulting from this Agreement, has established necessary controls to ensure a confl ict of interest does not exist.
An affiliated firm is one, which is subject to the control of t he same persons, through joint ownership or otherwise.
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Section 40. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this Agreement was not obtained or secured throug h rebates kickbacks or other unlawful consideration, either promised or paid to any City emp loyee. For breach or violation of this warranty, the City shall have the right in its discretion to terminate this Agreement without liability, to pay only for the value of the work actually performed or to deduct from the Agreement price or otherwise recover the full amount of such rebate, kick back or other unlawful consideration.
Section 41. Prohibition on Expending Local Agency State or Fede ral Funds for Lobbying.
(a) The Consultant certifies to the best of his or her knowledg e and belief that:
(1) No state, federal or local agency appropriated funds have b een paid, or will be paid by-or-on behalf of the Consultant to any person for inf luencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a M ember of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agr eement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have bee n paid, or will be paid to any person for influencing or attempting to influence a n officer or employee of any federal agency; a Member of Congress; an office r or employee of Congress, or an employee of a Member of Congress; i n connection with this federal contract, grant, loan, or cooperat ive agreement, the Consultant shall complete and submit Standard Form-LLL, “Di sclosure Form to Report Lobbying,” in accordance with its instructions.
(b) This certification is a material representation of fact upo n which reliance was placed when this transaction was made or entered into. Submissi on of this certification is a prerequisite for making or entering into this transaction impos ed by Section 1352, Title 31, US.
Code. Any person who fails to file the required certification s hall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure and possible criminal penalties. Consultant agrees to execute any required certifica tion documents as designated by Caltrans.
(c) The Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lowe r-tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly.
Section 42. Consultant’s Proposal. If this Agreement includes Consultant’s proposal or bid, such document is incorporated herein as if set forth in full. In the event of any inconsistency between the terms of the proposal or bid and this Agreement, this Agreement shall govern.
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Section 43. Limitations Upon Subcontracting and Assignment. Neither this Agreement, nor any portion, shall be assigned or subcontracted by either party without prior written consent of the other party. Notwithstanding any assign ment or subcontracting, the Consultant shall be responsible for the performance of work don e by the subcontractor or assignee (“subcontractor”) and shall ensure that such work is p erformed pursuant to the terms of this Agreement. The City can at any time request that Consu ltant remove the subcontractor from performing any work under this Agreement in the City’s sol e discretion. In such case, Consultant shall remain responsible for the completion of such work under the terms and compensation set forth in this Agreement.
Section 44. Authority to Execute. The persons executing this Agreement on behalf of the parties represent that they are duly authorized to execute this Agreement.
Section 45. Change Orders.
(a) The City’s Contract Manager is authorized to request a modi fication or a change to the services provided hereunder pursuant to a written change order. The change order form will document the nature and monetary impact of the proposed ch ange on the cost and schedule for the services and must be approved in writing by th e City’s Contract Manager and Consultant’s Project Manager.
(b) For the purposes of this Agreement, each duly authorized ch ange order form shall be deemed incorporated into and part of this Agreement an d each such form shall constitute a formal amendment to this Agreement adjusting fees and completion date as finally agreed upon and approved in writing for the authorized change o rder. In no event shall the Scope of Services be deemed altered, amended, enhanced or other wise modified except through written approval of a change order in accordance with t his Section or a written amendment to this Agreement.
Section 46. Attorney's Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
Section 47. Entire Agreement. This Agreement represents the entire integrated agreement between City and Consultant, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be am ended only by a written instrument signed by both City and Consultant.
Section 48. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
Section 49. City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party other than Consultant.
Section 50. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the eve nt of any material discrepancy between the express provisions of this Agreement and the provis ions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
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Section 51. Equal Employment Opportunity . In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry or national origin.
Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color , sex, age, marital status, ancestry or national origin. Such actions shall include, but not be limi ted to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment adv ertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
Section 52. Prevailing Wage and Payroll Records.
Notice is hereby given that in accord with California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), Consultant is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which Consultant’s Services pursuant to this Agreement are performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of the State prevailing wage rates and the latest revisions thereto are available on the Internet at www.dir.ca.gov. (a) Covenant to Comply. Consultant covenants that it shall fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). For purposes of this Section 25(a) only, the term “subcontractors” shall not include suppliers, manufacturers, or distributors. Consultant further covenants that it shall take all practicable steps to ensure that its subcontractors comply with Prevailing Wage Laws if applicable to work performed by subcontractors. References to “Covered Services” hereinafter shall designate such Services as are subject to Prevailing Wage Laws. (b) Payroll Records. Consultant and all subcontractors performing Covered Services shall keep an accurate payroll record, showing the name, address, social security number, job classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyperson, apprentice, or other employee. All payroll records shall be certified as being true and correct by Consultant or the subcontractors performing Covered Services keeping such records; and the payroll records shall be available for inspection at all reasonable hours at Consultant’s principal office. (c) Subcontracts. Any subcontract entered into as a result of this Agreement if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Section. (d) Note. The Federal “Payment of Predetermined Minimum Wage” applies only to federal-aid construction contracts.
(e) Compliance Monitoring. When applicable Consultant shall post job site notices prescribed by regulation. Certain portions of the Scope of Work are subject to compliance monitoring and enforcement by the Department of Industrial Relations ("DIR"). (f) DIR Registration. No contractor or subcontractor may work on a public works project unless registered with DIR. Consultants DIR registration number is:
Consultant: Dynamic Engineering Services, Inc.
DIR Registration No.: 1000015375
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(g) When prevailing wage rates apply, the Consultant is responsible for verifying compliance with the certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City’s Contract Manager.
(h) Penalty
1. The Consultant and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the Consultant and any Subconsultant shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Consultant or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Consultant or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Consultant or Subconsultant had knowledge of the obligations under the Labor Code. The Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime Consultant of the project is not liable for the penalties described above unless the prime Consultant had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime Consultant fails to comply with all of the following requirements:
a. The Agreement executed between the Consultant and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the Consultant shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project.
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d. Prior to making final payment to the Subconsultant for work performed on the public works project, the Consultant shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, City shall notify the Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If City determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Consultant shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by City.
(i) Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The Consultant shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each work er employed in the execution of the Agreement by the Consultant or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
(j) Employment of Apprentices
1. Where either the prime Agreement or the sub-agreement exceeds thirty thousand dollars ($30,000), the Consultant and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. Consultants and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Consultant and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey- to- apprentice ratios for the Agreement work. The Consultant is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.
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Section 53. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or cour t order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
EXECUTED this ____ day of _________ 20__, at Indio, California .
CITY OF INDIO
BRYAN MONTGOMERY
City Manager
ATTEST:
CYNTHIA HERNANDEZ
City Clerk
DYNAMIC ENGINEERING SERVICES, Inc.
CHIA-CHI WANG
President
APPROVED AS TO FORM:
STEVEN GRAHAM
City Attorney
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EXHIBIT A
SCOPE OF WORK
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1 Dynamic Engineering Services, Inc. Scope of Work for City of Indio Cycle 9 Traffic Signal Modification Project
The scope of these services consists of, but is not limited to, Construction Management and Inspection Services for Cycle 9 Traffic Signal Modification Project and w ill include Pre‐Construction, Construction, and Post‐Construction Phases.
The work to be performed by the Dynamic Engineering Services, Inc. (DESI) shall be based on the procedures, guidelines, standards, and the code contained in the Caltrans, City of Indio, and other publications listed below:
Local Assistance Procedures Manual (LAPM)
Construction Manual
Cal/OSHA Construction Safety Orders
City of Indio Quality Assurance Program (QAP)
Project Plans and Specifications
Standard Specifications and Standard Plan
GREENBOOK
Storm Water Quality Handbooks
TASK 1.0 PROJECT MANAGEMENT
Task 1.1 Monthly Progress Reports
DESI shall prepare progress reports to record the progress of t he construction project and as supporting data for invoices presented monthly to the City of Indio.
Deliverable: DESI shall deliver progress reports with the monthly invoices .
TASK 2.0 PRE‐CONSTRUCTION SERVICES
Task 2.1 Project Walk‐Through
DESI shall schedule and administer a project walk‐through with team members, City personnel, and design engineers. In addition, DESI team member will review the contract document, plan and specification prior to bid time.
Deliverable: DESI Resident Engineer shall set up and administer the meeting, take notes d uring the walk‐ through and deliver minutes to participants within two days fro m completing the walk‐through.
Task 2.2 Pre‐Construction Meeting (Kick‐off Meeting)
DESI’ s Resident Engineer shall schedule and conduct a pre‐construction meeting with approved contractor, CM team, City personnel, members of the contractor’ s team. If necessary local authorities (police, fire, etc.), design engineer, and other applicable utility owners will be invited . Topics will include items such as agency expectations, labor compliance, Equal Employment Opportunity compliance, safety, environmental permits, SWPPP , materials testing and compliance, Contractor submittals, encroachment permits, quality control and quality assurance expectations, and payment process.
Deliverable: A meeting notice, agenda and sign‐in sheet shall be prepared fo r the pre‐construction meeting. Action items will be assigned to appropriate personnel with a t imeline for completion of tasks.
DESI shall provide meeting minutes to attendees within five day s of meeting.
Task 2.3 Pre‐Construction Photo Documentation
DESI’ s Inspector shall conduct pre‐construction photo and video documentation of the existing conditions on
the project site.
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2 Deliverable: DESI shall provide the agency with a USB with pictures containi ng pre‐construction documentation. Copies of photos will be part of the electronic project file.
Task 2.4 Notice to Proceed
DESI’ s RE shall draft a notice to proceed and recommend at construction start date to the City based on the approval of the construction schedule, ordering of long lead items, and other considerations as needed.
The city will provide a sample Notice and transfer the final notice to City Letterhead for signature. DESI will submit the Notice to Proceed to the project contractor.
TASK 3.0 CONSTRUCTION SERVICES
Task 3.1 Perform Construction Management, Inspection, and A dministration DESI will perform all construction management, inspection, and administration in accordance with the Plans and Specifications, Caltrans Standards, Standard Specifications for Public Works Construction, and the City of Indio requirements as necessary for the project to assure contract co mpliance and Federal reimbursement as outlined in the LAPM and the Caltrans Construction Manual. The followin g is a brief description of some of the major aspects of this work:
Deliverable: Deliverables for each item below will vary depending on the nat ure of the task. A copy of all deliverable items as a result of task identified below shall be kept in the contract files on‐site.
Task 3.1.1 Contract Documents, Plans, Specifications, and Permi ts DESI’ s Resident Engineer and Inspector(s) will have a complete understanding of all contract documents and their applicability to the specific items of work.
Task 3.1.2 Ensure Compliance to Safety Regulations, Building Co des, City Ordinances DESI’ s Resident Engineer and Inspector shall verify Contractor’s compliance to applicable Construction Safety Orders. Violations will be recorded, and Contractor shall be requested to correct unsafe condition. A safety diary shall be written for each violation and maintained in the Construction Files.
In appropriate situations the project shall be shut down until the Contractor corrects safety violation(s).
Task 3.1.3 Document Control Filing
DESI’ s Resident Engineer and Office Administrator shall set up and maintain the contract filing syst em in accordance with the Caltrans Construction Manual and Local Assistance Procedures Manual. Files shall include, but not be limited to, all contracts, plans and specifications and applicable addenda, all correspondence, pre‐construction checklists, submittals, Contract Change Orders, diaries, monthly progress payments, certificates of compliance, survey requests, all EEO compliance paperwork, Request for Information (RFI’ s) documents, permit inspections, materials testing diaries, and spreadsheets.
Task 3.1.4 Project Permits
DESI’ s Resident Engineer and Office Administrator shall maintain a copy of all permits for the project in the construction trailer and in their daily workbook. DESI’ s Resident Engineer and Inspector shall enforce special requirements of each if needed and ensure Contr actor complies with all permit requirements.
Task 3.1.5 Project Schedule
DESI’ s Resident Engineer and Inspector will review the project schedule submitted by the Contractor and work closely with the Contractor until it is acceptable.
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3 Task 3.1.6 Routine Inspection
DESI’ s Resident Engineer and Inspector shall perform routine inspection of all Contractors’ activities.
DESI will ensure compliance with contract documents. DESI’ s Resident Engineer and Inspector shall evaluate, approve or reject the Contractor’s and Sub‐Contractor’s work in accordance with the contract documents. DESI will place the City’ s interest as the top priority throughout the duration of construction. As appropriate, DESI will require special inspection or testing, or make recommendations to the City regarding special inspection or testing of work not in accordance with the provisions of the contract documents whether such work is f abricated, installed, or completed.
Task 3.1.7 Daily Diaries
DESI’ s Resident Engineer and Inspector shall record all inspection observances on a daily diary form.
This information will include but not be limited to job stamp, date, weather, item of work performed, hours of work performed, measurement of items installed, workers names and classifications, equipment numbers, subcontractor’ s personnel, conversations, conflicts and resolutions, and non‐ compliance (if necessary), and progress photos.
DESI will include diaries for every working day. On days that no DESI inspector is present onsite, daily diary should reflect this with a statement that no inspection was performed but work from that day was reviewed in compliance with contract documents. The DESI diary should also note discussion with City on adequacy of Traffic Control for these days.
Task 3.1.8 Photo Log
DESI’ s Inspector will make a photo log of the project. Photos will include all pre‐existing conditions, work in‐progress, disputed work and issues of contract non‐complianc e, work that has to be duplicated, replaced or removed, SWPPP and PM10 violations, extra work and completed work. The Photo log will also include a picture of the contractor’s labor compliance posters and project CDBG funding poster.
Task 3.1.9 Tracking Construction Materials
DESI’ s Resident Engineer and Inspector shall track Contractors’ materials by certificate of compliance.
DESI’ s Office Administrator shall file all certifications appropriately.
Task 3.1.10 Traffic Control Plans
DESI’ s Resident Engineer and Inspector shall administer the implementation of the project’ s Traffic Control Plans (TCP) on a daily basis to ensure compliance and effectiveness. TCP will consider emergency response vehicles. Should there be day’s that no DESI inspector is onsite, DESI will notify the city in advance to check Traffic Control on these days.
Task 3.1.11 Submittal Review
DESI’ s Office Administrator shall receive, stamp with date received, and track all Contractors’ , subcontractors’, and independent party submittals, shop drawings, project data, and samples. A log will be set up identifying submittal name, responsible party, review party and whether dat e was met.
Log will be used at weekly progress meetings. DESI’ s Resident Engineer shall coordinate directly with Design Engineer for review of submittals designated for designer. The need for expeditious review of submittals will be stressed at the weekly progress meetings.
Task 3.1.12 Labor Compliance/Equal Employment Opportunity/Preva iling Wage DESI’s Office Administrator shall assist with the enforcement of the contract requirements as they
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4 pertain to Labor Compliance, Equal Employment Opportunity, and Prevailing Wage, according to the Contract Documents. This task shall include DESI Inspectors preparing daily diaries and recording workers names, classifications, work performed and hours worked on each task. DESI’s shall receive Contractors’, Subcontractors’, and equipment rental companies’ certified payrolls on a weekly basis and ensure that the applicable prevailing wage, as referenced in special provisions, is adhered to; DESI Inspector shall conduct contractor employee interviews and maintain written evidence of apprentices employed on the project. DESI shall cross reference reports, interviews, payrolls, and wage rates to determine Contractor and Subcontractor compliance.
Task 3.1.13 Coordinate and Monitor All Inspection Activities DESI’ s Resident Engineer shall coordinate and monitor all inspection activities and necessary inspections from material tester and additional agencies involv ed in the project. DESI’ s Resident Engineer shall track costs of inspection and provide updates to the City on a monthly basis with monthly invoice.
Task 3.1.14 W eekly Statement of Working Days (WSWD)
DESI’ s Resident Engineer shall create a W eekly Statement of W orking Days spreadsheet and submit to the Contractor on a weekly basis. WSWD form shall be in Caltrans format and shall track working days, non‐ working days, holidays, inclement weather, working days in which no work was performed, time extensions, percent time complete, and percent work complete.
Task 3.1.15 Coordinate with City Engineer and Other City Depart ments DESI’ s Resident Engineer shall coordinate with the City Engineer and other applicable City personnel to discuss project progress, issues, and costs prior to weekly progress meetings.
Task 3.1.16 Weekly Construction Progress Meetings
DESI’ s Resident Engineer shall conduct weekly coordination meetings with the Contractor, City personnel Design Engineer, Subconsultants, local business owners, applica ble utility representatives, and others as necessary. T opics shall include upcoming work, schedule, utility coordination, issues of non‐compliance (if necessary), change orders, and tracking of submittals.
Task 3.1.17 Request for Information (RFI)
DESI’ s Resident Engineer shall receive, record, review, and respond to all Contractor’ s Request for Information. Resident Engineer shall submit to third party for review if necessary. Response times will be determined and adhered to.
Task 3.1.18 Change Requests/Contract Change Orders (CCO)/Transm ittal Letters DESI’ s Resident Engineer shall receive, record, and review all Contractors’ Requests for Changes. All requests will be reviewed for merit and discussed with City Management. If change is warranted, Resident Engineer shall create Contract Change Order and Transmittal Letter according to Caltrans Contract Change Order Manual, or City of Indio’ s established forms. Resident Engineer will receive agency approval prior to submittal to Contractor. DESI’ s Resident Engineer and Inspector shall track all extra work on separate daily diaries. Monthly progress paym ents shall reflect all CCO work performed in the previous month.
Task 3.1.19 Prepare Monthly Progress Estimates
DESI’ s Resident Engineer and Office Administrator shall prepare Monthly Progress Estimates to summarize payment to the Contractor for work performed. DESI’ s Resident Engineer shall prepare supporting documents for each item of work to be paid via calculation sheet (Q‐shee t). These documents shall include at a minimum, item to be paid, amount of item to be paid, calculation of
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5 material placed, Certificates of Compliance or Release Tags, na me of individual creating document, name of individual verifying document, and date. A comprehensi ve Monthly Progress Estimate shall be submitted to the City for review, approval, and processing. M o n t h l y Progress Estimates shall include Contract Change Order Work.
Task 3.1.20 Monitor Construction Costs
DESI’ s Resident Engineer shall track construction costs on a monthly basis. Excel spreadsheets shall be created to monitor payment on each item of work. Spreadsheets shall be updated monthly.
Contingency balance will be monitored and updated after each CCO or after each Monthly Progress Estimate.
Task 3.1.21 Water Pollution Control Program (WPCP) Compliance DESI’ s Resident Engineer and Inspectors and Subconsultant Inspectors shall inspect the project site a nd monitor Contractor’ s compliance with Best Management Practices (BMP’ s) in accordance with Caltrans Handbooks and Sample Contractor’ s Water Quality SAP’ s. DESI’ s Resident Engineer shall monitor the weather forecast during the storm season and ensure Contractor’s compliance for pre‐storm, storm event, and post storm requirements. Proper handling and storage of non‐visible pollutants shall be enforced.
Task 3.1.22 Notice of Potential Claims (NOPC)/Claims Resolution DESI’ s Resident Engineer shall review any Notice of Potential Claims submitted by the Contractor for merit and conformance to the requirements in the Special Provisions. DESI’ s Resident Engineer shall follow the guidelines and procedures established by the City and the Caltr ans Construction Manual in responding to, resolving, and fighting protests, potential claims, and cla ims. Proper documentation will be created to establish a chain of events in the claims process.
Task 3.1.23 Create and Ensure Compliance to Punchlist
DESI’ s Resident Engineer and Inspector shall create punchlist throughout the construction process after each item of work is complete. Punchlist shall include i tems that need to be corrected or amended. DESI ’s Inspector shall meet with Contractor’ s personnel regularly to monitor completion of punchlist items. Completion of punchlist items shall be a topic at the W eekly Construction Progress Meetings.
Task 3.1.24 Record Drawings
DESI’ s Inspector shall maintain a copy of ‘red‐lined’ a s ‐ b u i l t plans in the project trailer or in the DESI’s office at all times to track changes to the contract plans, additions and deletions through CCO’ s, utilities that were incorrectly identified, and additional items that must be identified on the final record drawings.
Task 3.1.25 Material Testing
DESI’ s Residen t Engineer and I nspecto r will coordinate any nece ssary material testing required by the project, log and file the testing report in the project file.
TASK 4.0 POST‐CONSTRUCTION ‐ PROJECT CLOSE‐OUT
DESI will perform all construction management and administration necessary for closing out the.
DESI will
deliver all equipment manuals, special equipment, spare parts, catalogs, and other material required by specifications. The following is a brief description of some of the major aspects of this work:
Task 4.1 F i n a l W a l k t h r o u g h
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6 DESI’ s Resident Engineer and Inspector shall administer and coordinate final inspections for the project.
Several meetings may be required for this item. Participants in final inspection walk‐throughs will include, at a minimum, the Contractor’ s Superintendent. Other participants may include the City Project Manager, City Inspectors and Maintenance personnel.
Deliverable: DESI’ s Resident Engineer shall prepare a list of items to be inspected to the City for review.
Additional items provided by the city will be included in the list. DESI Resident Engineer will submit list of items to be inspected to all participants prior to meeting. DE SI’ s Resident Engineer shall establish meeting times, notify participants, and conduct meetings.
Task 4.2 Correction and Completion of Work
DESI’ s Resident Engineer and Inspector will coordinate the correction and completion of all work on the project.
Deliverable: DESI’ s Resident Engineer shall submit a list of items that remain for correction. DESI’ s Resident Engineer shall monitor the completion of this work and provide updates to the City.
Task 4.3 Substantial Completion
DESI’ s Resident Engineer shall assist the City in determining when the Project, or a designated portion thereof,
is substantially complete. DESI’ s Resident Engineer shall obtain evidence of certification of all lien releases, make recommendations for the release of retention, issue the notice of substantial completion, and process the notice of completion.
Deliverable: DESI’ s Resident Engineer shall prepare for the City a status summary of the Contractor’ s work, listing changes in the previously issued certificates of substantial completion of the work. DESI’ s Resident Engineer will recommend times within which the Contractor shall complete items on their certificate of substantial completion of work. DESI’ s Resident Engineer will assist the City with Filing the Project “Notice of Completion” . DESI will administer and arrange final inspections as well as coordinate any startup requirements.
Task 4.4 Item Close‐Out
DESI’ s Resident Engineer and Inspector shall close out and balance all contract items. Item overruns and underruns will be resolved with the Contractor. Contract Change Orders to adjust item prices will be created, if necessary.
Deliverable: DESI’ s Resident Engineer shall submit a list of item overruns and underruns to the City.
DESI ’s Resident Engineer shall submit a CCO for approval by the City, as necessary, to adjust item prices.
Task 4.5 Claims Report
DESI’ s Resident Engineer shall prepare a Claims Report for each claim that is outstanding and unresolved at the end of the construction project. Claims Reports shall be in ac cordance with Section 2‐70 “Protests, Potential Claims, and Claims, ” of the Caltrans Construction Manual. DESI’ s Resident Engineer will endeavor to avoid claims during construction. If claims are not avoided, DESI’s Resident Engineer will focus on resolving all claims prior to completion of the project.
Deliverable: DESI’ s Resident Engineer shall submit a claims report for each claim for review by the City.
Task 4.6 Prop os e d Fin al E stim ate
DESI’ s Resident Engineer shall prepare the Proposed Final Estimate. This document shall be provided after resolution of construction claims.
Deliverable: DESI’ s Resident Engineer shall submit a Proposed Final Estimate to the Contractor for acceptance. Resident Engineer shall submit a Proposed Final Estimate to the City .
Task 4.7 Project Report
DESI’ s Resident Engineer shall create a Project Report that identifies the construction of the project, the
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7 final cost of construction including construction management and administration, a list of all Contract Change Orders, a list of Construction Claims and the result of each after resolution, a nd a photo documentary of construction.
Deliverable: DESI’s Resident Engineer shall submit a Project Report to the City.
Task 4.8 Record Drawings
DESI’ s Resident Engineer and original designer shall prepare a set of as‐built corrections. As‐Built plans for roadway items shall be in accordance with City standards.
Deliverable: DESI Resident Engineer shall submit Record Drawings for roadway to the City .
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City Project Number: TS2003
EXHIBIT B
CONSIDERATION
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Project No. Contract No. Date September 8, 2022
Project Description:
DIRECT LABOR
Hours Actual Hourly Rate Total
120 78.00$ 9,360.00$
500 68.00$ 34,000.00$
120 29.50$ 3,540.00$
48 29.50$ 1,416.00$
788
LABOR COSTS
a) Subtotal Direct Labor Costs 48,316.00$
b) Anticipated Salary Increases (see page 2 for calculation) $1,449.48 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] 49,765.48$
INDIRECT COSTS
d) Fringe Benefits 33.29% e) Total Fringe Benefits [(c) x (d)] 16,566.93$ f) Overhead Rate 77.28% g) Overhead [(c) x (f)] 38,458.76$ h) General and Admini 0% i) Gen & Admin [(c) x (h)] -$ j) TOTAL INDERECT COSTS [(e) + (g) + (i)] 55,025.69$
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.00% 10,479.12$ l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add Additional pages if necessary) Quantity Unit Unit Cost Total
8000 Mile $0.63 5,000.00$
5,000.00$
-$
-$
* any mile over 50 mile/each way per IRS established rate l) TOTAL OTHER DIRECT COSTS 10,000.00$ m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) Subconsultant 1:
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
Subconsultant 5:
m) TOTAL SUBCONSULTANTS' COSTS -$
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] 10,000.00$ TOTAL COST [(c) + (j) + (k) + (n)] 125,270.29$
NOTES:
3. Anticipated salary increases calculation (page 2) must accompany.
TS2003
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
Michael Ervolina
Various
Chia-Chi Wang
Construction Management and Inspection Services for the HSIP Cycle 9 Traffic Signal Improvement Project EXHIBIT 10-H1 COST PROPOSAL
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Dynamic Engineering Services, Inc.
Twining, Inc. (Material Testing), estimated
Mileage Reimbursement (Inspector/OE Only)*
Description of Item
Classification/Title Name
Labor Compliance
Office Engineer
Inspector (PW)
Resident Engineer/PM
Michael Ervolina
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ESCALATION CALCULATION WORKSHEET
Consultant
Project No. Contract No. Date September 8, 2022
Project Description:
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor
Subtotal per
Cost Proposal
Total Hours per
Cost Proposal Avg Hourly Rate 5 Year Contract Duration
$ 48,316.00 788 = $61.31 2022 Avg Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly
Rate Proposed Escalation
2023 $61.31 + 3% = $63.15 Year 2 Avg Hourly Rate
2024 $63.15 + 0% = $63.15 Year 3 Avg Hourly Rate
2025 $63.15 + 0% = $63.15 Year 4 Avg Hourly Rate
2026 $63.15 + 0% = $63.15 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated %
Completed
Each Year
Total Hours per
Cost Proposal
Total Hours per
Year
2022 0.00% * 788 = 0 Estimated Hours Year 1
2023 100.00% * 788 = 788 Estimated Hours Year 2
2024 0.00% * 788 = 0 Estimated Hours Year 3
2025 0.00% * 788 = 0 Estimated Hours Year 4
2026 0.00% * 788 = 0 Estimated Hours Year 5
Total 100% Total = 788
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly
Rate (calculated
above)
Estimated hours
(calculated above) Cost per Year
Year 1 $61.31 * 0 = $0.00 Estimated Hours Year 1
Year 2 $63.15 * 788 = $49,765.48 Estimated Hours Year 2 Year 3 $63.15 * 0 = $0.00 Estimated Hours Year 3
Year 4 $63.15 * 0 = $0.00 Estimated Hours Year 4
Year 5 $0.00 * 0 = $0.00 Estimated Hours Year 5
= $ 49,765.48
= $ 48,316.00
= $1,449.48 Transfer to Page 1
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
Dynamic Engineering Services, Inc.
TS2003
Construction Management and Inspection Services for the HSIP Cycle 9 Traffic Signal Improvement Project
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Cost Proposal
January 2018
EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. General
ly Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
Name: Chia-Chi Wang Title *: Project Manager/Principal Signature :
Date of Certification (mm/dd/yyyy): 11/03/2022
Email: [email protected] Phone Number: 951-892-1420 A ddr e s s : 6 Latitude Way, Suite 112, Corona, CA 92881 *An individual executive or financial officer of t he consultant’s or subconsultant’s organization at a level no l
ower than a Vice President or a Chief Financial Officer, or e quivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
Contract
Administration, Construction Management, Quality Assurance Inspectio n and Labor Compliance Monitiring
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Project No. TS2003
Hours $180.67 Hours $68.33 Hours $157.51 Hours $68.33
1 4 $722.68 4 $630.04
Incl
2 4 $722.68
Incl
4 $722.68 2 $136.66
Incl
2 $361.34 2 $136.66
2 $361.34
3 8 $1,260.08
Incl
8 $1,445.36 2 $136.66 8 $1,260.08
Incl
Incl
Incl
Incl
Incl
Incl
8 $1,445.36 8 $1,260.08
8 $1,445.36
Incl
30 $2,049.90
4 448 $70,564.48
Incl
Incl
Pre-Construction Services
Task
No. WORK TASK OR ITEM DESCRIPTION
Perform Constructability Review
a. Review contract documents
b. Value Engineering
d. Project communications
a. Bidding/Award assistance
b. Develop Construction Management Plan
c. Pre-construction meeting
d. General Project discussion/forms
e. Prepare and distribute meeting minutes
f. Construction schedule
General Construction Management
a. Digital photography/videotaping
b. Construction management/direction
c. Submittal review
a. Continuous construction inspection
e. Calculations, records, reports, and
correspondence
f. Coordinate/monitor construction
g. Coordinate/monitor materials testing
h. Ensure contractor compliance
i. Complaints and inquiries
j. Requests for Information (RFIs)
k. Contract Change Orders (CCOs)
l. Contractor payments
m. Maintain logs and records
Inspection Services
b. Monitor materials testing/construction
c. Daily inspection
Labor Compliance
PM/RE
Office Engineer
Inspection Support*
1
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Project No. TS2003
Hours $180.67 Hours $68.33 Hours $157.51 Hours $68.33
Task
No. WORK TASK OR ITEM DESCRIPTION
Labor Compliance
PM/RE
Office Engineer
Inspection Support*
Incl
Incl
12 $2,168.04 6 $409.98 12 $1,890.12
5 8
Incl
9 Incl
Incl
Incl
Incl
10 Incl
Incl
Incl
Incl
11 Incl
Incl
12 78 $5,329.74
8 $1,260.08
Incl
Incl
13 d. Monitor and document construction
e. Monitor and document NPDES
f. Pay quantities/progress pay estimates
Safety
a. Safety and health requirements
Utility Coordination
a. Utility/contractor coordination
Materials/Acceptance Testing Services (On-
a. Materials/acceptance testing
b. Provide tools and equipment
c. Provide certified/licensed personnel
d. Materials testing documentation
c. CCO schedule and budget impacts
d. CCO negotiations, drafting, processing,
Construction Claims
a. Potential claim evaluation
b. Contractor’s safety program
c. Deficiency notifications
d. Remediation
Construction Change Orders (CCOs)
a. Proposed CCO evaluation
b. Independent cost estimates
b. Potential claim negotiations
Process Project Documentation
a. Maintain Project documents
b. Maintain As-Built plans
c. Provide audit support
e. Prepare correspondence
Interface with Designer, Contractor, and
2
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Project No. TS2003
Hours $180.67 Hours $68.33 Hours $157.51 Hours $68.33
Task
No. WORK TASK OR ITEM DESCRIPTION
Labor Compliance
PM/RE
Office Engineer
Inspection Support*
Incl
Incl
Incl
14 Incl
48 $8,672.16
15 Incl
Incl
Incl
Incl
Incl
16 Incl
Incl
17 12 $2,168.04 48 $3,279.84
Incl
Incl
22 Incl
Incl
Incl
Incl
Incl
23 Incl
Incl 4 $630.04
b. 3-week look ahead schedule
a. City representation
b. Design engineer interface/coordination
c. Design engineer/consultant coordination
Daily and Weekly Reports
a. Prepare daily reports
b. Prepare weekly construction progress
Schedule
a. Baseline schedule
e. Schedule recommendations
c. Punch-list
d. Corrections
e. Closeout documentation
As-Builts
a. Obtain contractor red-lines
b. Complete "As-Built" drawings
Facilitate Meetings
a. Weekly job-site progress meetings
a. Monitor labor compliance
b. Review certified payroll
c. Ensure compliance
Construction Completion and Closeout
a. Review/verify Project completion
b. Final testing, documentation, and
inspections
Labor Compliance
b. Meeting minutes
c. Overall progress report to City
d. Report non-conformance/delays to City
3
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Project No. TS2003
Hours $180.67 Hours $68.33 Hours $157.51 Hours $68.33
Task
No. WORK TASK OR ITEM DESCRIPTION
Labor Compliance
PM/RE
Office Engineer
Inspection Support*
24 8 $1,445.36
Incl
Incl
Incl
Summary: 120 $21,680.40 120 $8,199.60 500 $78,755.00 48 $3,279.84 Total Hours: 788
Total Cost:
* Insepction Support Staff include: John Kannor, Steve Brown, Michael Roush and Victor Moore Submitted by:
d. Liquidated damages/final payment
$111,914.84
Project Acceptance
a. Finalize records
b. Secure department/agency acceptance
c. Notice of Completion
Chia-Chi Wang, Project Manager
4
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City Project Number: TS2003
EXHIBIT C
EXHIBIT 10-O2 - "CONSULTANT CONTRACT DBE INFORMATION"
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AGENDA ITEM #10.13
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City Council
January 18, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Construction contract with Yunex LLC in an amount not -to-exceed $821,995 for the Traffic Signal Improvement Project (Project No. TS2003) and approval of the project plans and specifications and making a determination that the action is exempt from further environmental review pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act
RECOMMENDATION:
Approve the project plans and specifications for the Traffic Signal Improvement Project (Project No.
TS2003); award a const ruction contract to Yunex LLC in an amount not -to-exceed $821,995, and approve a 10% contingency of $82,200, allowing for unexpected costs, for a total amount of $904,195, and approval of the project plans and specifications and making a determination that the action is exempt from further environmental review pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act
SUMMARY:
On November 30, 2022, staff received and opened seven (7) construction bids for the Traffic Signal Improvement Project (Project No. TS2003). After performing a thorough bid analysis and due diligence, staff determined Yunex LLC was the lowest responsible bidder per the bid opening.
BACKGROUND INFORMATION:
In 2018, the City received approximately $1.4 Million dollars in federal grant funding from Cycle 9 of the Highway Safety Improvements Program (HSIP) for traffic signal improvements (Project). The traffic signal improvements include installation of dilemma zone detection system, new traffic signal controllers to provide compatibility for new equipment, adding street lighting, and traffic control. It is located at the following fifteen (15) intersections throughout the City of Indio:
1. Clinton Street and Fred Waring Drive;
2. Jefferson Street and Indio Boulevard;
3. Adams Street and Varner Road;
4. Clinton Street and Miles Avenue;
5. Jefferson Street and Fred Waring Drive;
6. Jefferson Street and Varner Road;
7. Indio Boulevard and Avenue 48;
8. Jefferson Street and Sun City Boulevard;
9. Jackson Street and Avenue 42;
10. Madison Street and Fred Waring Drive;
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11. Jefferson Street and Avenue 40;
12. Jefferson Street and Miles Avenue;
13. Jefferson Street and Westward Ho Drive;
14. Jefferson Street and Avenue 42/Country Club Drive; and
15. Jackson Street and Showcase Parkway.
On July 14, 2022, the State of California, Department of Transportation (Caltrans) authorized the City to bid the Project.
The Project was advertised on October 25, 2022. The City received and opened bids on November 30, 2022. A total of seven (7) sealed bids were received. A summary of the bids received is provided below:
Bidder’s Name City Total Bid
Yunex, LLC Riverside, CA $ 821,995.00
California Professional
Engineering, Inc. La Puente, CA $ 967,400.00
Crosstown Electrical & Data,
Inc. Baldwin Park, CA $ 969,976.00
Elecnor Belco Electric, Inc. Chino, CA $1,000,888.00
Baker Electric & Renewables,
LLC Escondido, CA $1,029,132.00
DBX, Inc. Temecula, CA $1,119,227.00
PTM General Engineering
Services, Inc. Riverside, CA $1,291,091.00
Public Works staff examined the submissions, and after a careful review of the project requirements and bid documents, staff determined that the lowest responsible bidder is Yunex LLC. The company is appropriately licensed and qualified to perform the work within the project plans and specifications.
Staff recommends awarding the contract to Yunex LLC.
The Engineer’s construction cost estimate was $1,060,720.00.
The City Engineer has reviewed the plans and specifications for the project and in his op inion, the project plans and specifications are reasonable and meet professional engineering standards.
Therefore, the City Engineer recommends that the City Council also approve the project plans and specifications, which are on file in the Department of Public Works. Construction is scheduled to take place from February to May 2023.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$904,195.00 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:
Source of funds: Highway Safety Improvements Fund-Org-Object Reference:
300-523006
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Additional Financial Details:
The total construction cost, including contingency, is anticipated to be $904,195.00 as outlined below:
Yunex, LLC $ 821,995.00
Contingency (10%) $ 82,200.00
Construction
Cost $ 904,195.00
These costs are consistent with the approved Fiscal Year 2022/23 Capital Improvement Program budget. Federal HSIP funds will reimburse the City one hundred (100%) percent of the construction cost.
ATTACHMENTS:
Attachment 1
Attachment 2
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 09 Jan 2023 Steven Graham, City Attorney Approved - 10 Jan 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 10 Jan 2023 Bryan H. Montgomery, City Manager Approved - 10 Jan 2023
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PROJECT LOCATION MAP
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I-10
§¨¦I-10
µ
0 7,100 14,200 21,300 28,400 3,550
Feet
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CONSTRUCTION CONTRACT
WITH YUNEX, LLC
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City Project: PK2002 City of Indio Public Works
CONTRACT
CITY OF INDIO CONTRACT FOR
TRAFFIC SIGNAL IMPROVEMENTS PROJECT [the “Project”]
Federal Project No.: HSIPL-5275(036) | City Project No.: TS2003 THIS CONTRACT (“Contract”) is made and entered this ___________________, 2022 (“Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”) and ________________________________________, a ______________________________ [Legal Form of Entity and state of formation, e.g., California corporation, limited partnership, limited liability company] (“Contractor”). Contractor’s California State Contractor’s license number is ______________; Class ____). Contractor’s DIR registration number is _______________.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post -Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.
2. S cope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as _________________________________________ (“Project”), as described in this Contract and in the Contract Documents.
3. C
ompensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of ______________________ dollars ($____________) in accordance with the prices as submitted in the Bid.
4. I ncorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
5. A
ntitrust Claims . In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. P revailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply. Contractor and all subcontractors pursuant to this agreement shall comply with the Davis-Bacon Fair Labor Standards Act, 23 USC 113. Contractor agrees to not pay less than the higher wage rate between the minimum wage rates determined by the Director of California Department of Industrial Relations and the Federal Wage General Decision, Number: CA20220025, attached hereto in Exhibit “A” and incorporated herein by this reference.
7. W
orkers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will
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comply with such provisions before commencing the performance of the Work of this Contract.”
8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
9. R equired Contract Provisions for Federal Aid Construction Contracts (FHWA -1273).
This Contract is funded with Federal-Aid Highway funds subject to provisions under Title 23 of the United State Code (23 USC). As such the Contractor agrees to the following provisions titled, "Required Contract Provisions for Federal Aid Construction Contracts", excluding Attachment A - Employment and Material Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts. The Contractor agrees to insert these provisions, unaltered, into each subcontract and further require their inclusion in all lower tier subcontracts excluding purchase orders, rental agreements, and other agreements for supplies or services. Complete form 1273 is attached hereto as Exhibit “A” and incorporated herein by this reference.
10. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
11. E ntire Agreement . This Contract , including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
12. C ounterparts . This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.
CITY OF INDIO
By:
Mayor
ATTEST: APPROVED AS TO FORM:
By: By:
City Clerk City Attorney
Dated:
(“CONTRACTOR”)
By:
By:
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EXHIBIT “A”
CITY OF INDIO CONTRACT FOR
TRAFFIC SIGNAL IMPROVEMENTS PROJECT [the “Project”]
Federal Project No.: HSIPL-5275(036) | City Project No.: TS2003
Federal Requirements for Federal-Aid Construction Projects:
- Form FHWA 1273, and
- Davis Bacon Wage Determinations
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FHWA-1273 -- Revised July 5, 2022
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 o f 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 P art 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.
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 t o 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
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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 hiri ng 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 discriminat ion may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
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
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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 qualifi ed 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.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non- responsible.
c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are
incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the
EEO requirements. Such records shall be retained for a
period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by
authorized representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document
the following:
(1) The number and work hours of minority and non-
minority group members and women employed in each
work classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating,
hiring, training, qualifying, and upgrading minorities and women.
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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. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist
between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually
performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll
records accurately set forth the time spent in each
classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its s ubcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the
wage determination; and
(ii) The classification is utilized in the area by
the construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S.
Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
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(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
2. Withholding (29 CFR 5.5)
The contracting agency shall upon its own action or upon written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and basic records (29 CFR 5.5)
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section
1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitm ent to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH –347 is available for this purpose from the Wage and Hour Division Web site. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting
agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for
purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.
(2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be provided under 29 CFR
5.5(a)(3)(ii), the appropriate information is being
maintained under 29 CFR 5.5(a)(3)(i), and that such
information is correct and complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination
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incorporated into the contract.
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section.
(4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be
grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees (29 CFR 5.5)
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship
Agency (where appropriate) to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the w ork actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contr actor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and
Training Administration.
The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.
Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.
In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
c. Equal employment opportunity. The utiliza tion of
apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection
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with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.
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 shall insert Form FHWA -1273 in any subcontracts and also require the subcontractors to include Form FHWA -1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act
requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of eligibility (29 CFR 5.5)
a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1).
c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal -aid construction contract in an amount in
excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act.
These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include
watchmen and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR
5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1 of this section, the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 29 CFR 5.5.
* $27 as of January 23, 2019 (See 84 FR 213- 01, 218) as may be adjusted annually by the Department of Labor;
pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990).
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 29 CFR 5.5.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 29 CFR 5.5.
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
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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 t he prime contractor meets all of the following conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the
quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the
project; and
(4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and
manufactured products which are to be purchased or
produced by the contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is
employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own
organizational resources (supervision, management, and
engineering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116).
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
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of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly m akes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND
FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C.
7606; 2 CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.326.
By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to c omply 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 Adminis tration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.326.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design- build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements,
consultant contracts or any other covered transaction
requiring FHWA approval or that is estimated to cost
$25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the
prospective first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the
department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
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 not ice 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 C overed
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
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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.
* * * * *
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 wi ll 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
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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 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
* * * * *
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(a) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(b) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6
implementing appropriations act requirements); and
(c) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have
lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6
implementing appropriations act requirements)
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
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 provision is applicable to all Federal -aid construction contracts, design- build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal -aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a specific Federal -aid construction project, the bidder , proposer, contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill -of-lading in Engli sh 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 Ad ministration, Washington, DC 20590. (MARAD
requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills
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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.
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 cl assification, (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 Emplo yment 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 c ontractor 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.
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"General Decision Number: CA20220025 10/07/2022
Superseded General Decision Number: CA20210025
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Riverside County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).
______________________________________________________________ |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $15.00 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2022. | |______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $11.25 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2022. | |______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at
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https://www.dol.gov/agencies/whd/government-contracts.
Modification Number Publication Date
0 01/07/2022
1 01/14/2022
2 01/21/2022
3 02/11/2022
4 02/18/2022
5 02/25/2022
6 04/29/2022
7 08/05/2022
8 08/12/2022
9 08/19/2022
10 09/02/2022
11 09/30/2022
12 10/07/2022
* ASBE0005-002 07/04/2022
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 49.58 25.27 Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 32.09 19.66 ----------------------------------------------------------------
* ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 23.52 13.37 ----------------------------------------------------------------
BOIL0092-003 01/01/2021
Rates Fringes
BOILERMAKER......................$ 46.03 38.81 ----------------------------------------------------------------
* BRCA0004-011 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 41.48 18.63
*The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada
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State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate ----------------------------------------------------------------
BRCA0018-004 06/01/2021
Rates Fringes
MARBLE FINISHER..................$ 35.90 14.11 TILE FINISHER....................$ 30.47 12.52 TILE LAYER.......................$ 43.09 18.31 ----------------------------------------------------------------
BRCA0018-010 09/01/2021
Rates Fringes
TERRAZZO FINISHER................$ 35.43 14.10 TERRAZZO WORKER/SETTER...........$ 43.61 14.63 ----------------------------------------------------------------
CARP0213-001 07/01/2021
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 51.60 16.28
(2) Millwright..............$ 52.10 16.48
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 51.73 16.28
(4) Pneumatic Nailer,
Power Stapler...............$ 51.85 16.28
(5) Sawfiler...............$ 51.69 16.28
(6) Scaffold Builder.......$ 42.80 16.28
(7) Table Power Saw
Operator....................$ 51.70 16.28
FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
----------------------------------------------------------------
CARP0213-002 07/01/2021
Rates Fringes
Diver
(1) Wet.....................$ 834.40 16.28
(2) Standby.................$ 445.84 16.28
(3) Tender..................$ 437.84 16.28
(4) Assistant Tender........$ 413.84 16.28
Amounts in ""Rates' column are per day
----------------------------------------------------------------
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CARP0213-004 07/01/2021
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 51.60 16.28
STOCKER/SCRAPPER............$ 22.16 8.62
----------------------------------------------------------------
CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer......$ 21.85 7.15 ----------------------------------------------------------------
ELEC0440-001 12/27/2021
Rates Fringes
ELECTRICIAN
INSIDE ELECTRICIAN..........$ 49.73 3%+24.44
INTELLIGENT TRANSPORTATION
SYSTEMS
Electrician................$ 36.99 3%+23.18
Technician.................$ 27.75 3%+23.18
ZONE PAY: Zone A: Free travel zone for all contractors
performing work in Zone A.
Zone B:Any work performed in Zone (B) shall add $12.00 per hour to the current wage scale. Zone (B) shall be the area from the eastern perimeter of Zone (A) to a line which runs north and south begininng at Little Morongo Canyon (San Bernardino/Riverside County Line), Southeast along the
Coachella Tunnels, Colorado River Aqueduct and Mecca
Tunnels to Pinkham Wash then South to Box Canyon Road, then southwest along Box Canyon Road to Highway 195 west onto 195 south to Highway 86 to Riverside/Imperial County Line. ----------------------------------------------------------------
ELEC1245-001 06/01/2022
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 64.40 22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 50.00 21.30
(3) Groundman...............$ 38.23 20.89
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
----------------------------------------------------------------
ELEV0018-001 01/01/2022
Rates Fringes
ELEVATOR MECHANIC................$ 61.34 36.885+a+b
FOOTNOTE:
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a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
----------------------------------------------------------------
ENGI0012-003 07/01/2020
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 48.25 27.20
GROUP 2....................$ 49.03 27.20
GROUP 3....................$ 49.32 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 48.96 25.25
GROUP 6....................$ 51.03 27.20
GROUP 8....................$ 51.14 27.20
GROUP 9....................$ 49.29 25.25
GROUP 10....................$ 51.26 27.20
GROUP 11....................$ 49.41 25.25
GROUP 12....................$ 51.43 27.20
GROUP 13....................$ 51.53 27.20
GROUP 14....................$ 51.56 27.20
GROUP 15....................$ 51.64 27.20
GROUP 16....................$ 51.76 27.20
GROUP 17....................$ 51.93 27.20
GROUP 18....................$ 52.03 27.20
GROUP 19....................$ 52.14 27.20
GROUP 20....................$ 52.26 27.20
GROUP 21....................$ 52.43 27.20
GROUP 22....................$ 52.53 27.20
GROUP 23....................$ 52.64 27.20
GROUP 24....................$ 52.76 27.20
GROUP 25....................$ 52.93 27.20
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 49.60 27.20
GROUP 2....................$ 50.38 27.20
GROUP 3....................$ 50.67 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 51.03 27.20
GROUP 6....................$ 51.14 27.20
GROUP 7....................$ 51.26 27.20
GROUP 8....................$ 51.43 27.20
GROUP 9....................$ 51.60 27.20
GROUP 10....................$ 52.60 27.20
GROUP 11....................$ 53.60 27.20
GROUP 12....................$ 54.60 27.20
GROUP 13....................$ 55.60 27.20
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 50.10 27.20
GROUP 2....................$ 50.88 27.20
GROUP 3....................$ 51.17 27.20
GROUP 4....................$ 51.31 27.20
GROUP 5....................$ 51.53 27.20
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GROUP 6....................$ 51.64 27.20
GROUP 7....................$ 51.76 27.20
PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator;
Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck
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GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type);
Pumpcrete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck);
Rubber-tired scraper operator (self-loading paddle wheel
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type-John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified.
GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine, up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator;
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Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
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(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)
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GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor
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drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM.
Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side
AGENDA ITEM #10.14
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of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W.
Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
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ENGI0012-004 08/01/2020
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 56.40 30.00
(2) Dredge dozer............$ 50.43 30.00
(3) Deckmate................$ 50.32 30.00
(4) Winch operator (stern
winch on dredge)............$ 49.77 30.00
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 49.23 30.00
(6) Barge Mate..............$ 49.84 30.00
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IRON0433-006 07/01/2020
Rates Fringes
IRONWORKER
Fence Erector...............$ 34.58 24.81
Ornamental, Reinforcing
and Structural..............$ 41.00 33.45
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ----------------------------------------------------------------
LABO0300-005 08/01/2022
Rates Fringes
Asbestos Removal Laborer.........$ 39.23 23.28
SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
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LABO0345-001 07/01/2022
Rates Fringes
LABORER (GUNITE)
GROUP 1.....................$ 48.50 21.37
GROUP 2.....................$ 47.55 21.37
GROUP 3.....................$ 44.01 21.37
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
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LABO1184-001 07/01/2022
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 40.69 18.25
(2) Vehicle Operator/Hauler.$ 40.86 18.25
(3) Horizontal Directional
Drill Operator..............$ 42.71 18.25
(4) Electronic Tracking
Locator.....................$ 44.71 18.25
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 41.90 21.32
GROUP 2.....................$ 43.20 21.32
GROUP 3.....................$ 45.21 21.32
GROUP 4.....................$ 46.95 21.32
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
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preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
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LABO1184-002 07/01/2022
Rates Fringes
LABORER (TUNNEL)
GROUP 1.....................$ 45.68 23.30
GROUP 2.....................$ 46.00 23.30
GROUP 3.....................$ 46.46 23.30
GROUP 4.....................$ 47.15 23.30
LABORER
GROUP 1.....................$ 36.39 21.04
GROUP 2.....................$ 36.94 21.04
GROUP 3.....................$ 37.49 21.04
GROUP 4.....................$ 39.04 21.04
GROUP 5.....................$ 39.39 21.04
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger
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mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower
GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast
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GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.)
GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ----------------------------------------------------------------
* LABO1184-004 07/01/2022
Rates Fringes
Brick Tender.....................$ 37.32 21.45 ----------------------------------------------------------------
LABO1414-001 08/03/2022
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 38.92 23.32
PLASTER TENDER..............$ 41.47 23.32
Work on a swing stage scaffold: $1.00 per hour additional. ----------------------------------------------------------------
PAIN0036-001 07/01/2020
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59 17.12
(2) All Other Work..........$ 33.12 17.24
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
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commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.
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PAIN0036-008 09/01/2022
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 46.28 23.52 ----------------------------------------------------------------
PAIN0036-015 01/01/2020
Rates Fringes
GLAZIER..........................$ 43.45 23.39
FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
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PLAS0200-009 08/03/2022
Rates Fringes
PLASTERER........................$ 47.37 19.64 ----------------------------------------------------------------
PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91 ----------------------------------------------------------------
PLUM0016-001 09/01/2022
Rates Fringes
PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space.................$ 53.51 25.28
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 40.95 23.61
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 55.18 26.26
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PLUM0345-001 09/01/2022
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 38.20 25.65
Sewer & Storm Drain Work....$ 42.29 23.03
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ROOF0036-002 08/01/2022
Rates Fringes
ROOFER...........................$ 43.47 19.52
FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay.
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SFCA0669-002 01/01/2022
Rates Fringes
SPRINKLER FITTER.................$ 41.27 26.77 ----------------------------------------------------------------
SHEE0105-003 01/01/2022
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES
Rates Fringes
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work........................$ 50.23 29.60
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 48.28 29.46
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TEAM0011-002 07/01/2020
Rates Fringes
TRUCK DRIVER
GROUP 1....................$ 32.59 30.59
GROUP 2....................$ 32.74 30.59
GROUP 3....................$ 32.87 30.59
GROUP 4....................$ 33.06 30.59
GROUP 5....................$ 33.09 30.59
GROUP 6....................$ 33.12 30.59
GROUP 7....................$ 33.37 30.59
GROUP 8....................$ 33.62 30.59
GROUP 9....................$ 33.82 30.59
GROUP 10....................$ 34.12 30.59
GROUP 11....................$ 34.62 30.59
GROUP 12....................$ 35.05 30.59
AGENDA ITEM #10.14
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WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over
GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
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WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
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Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
AGENDA ITEM #10.14
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for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
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The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average
AGENDA ITEM #10.14
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rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
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WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
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HSIPL-5275(036) / TS2003 City of Indio Public Works
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final. ================================================================
END OF GENERAL DECISION"
AGENDA ITEM #10.14
Construction contract with Yunex LLC in an amount not-to-exceed $821,995... Page 328 of 446 City of Indio
City Council
January 18, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Steven Graham, City Attorney
Subject: Reconsideration of the circumstances of the COVID -19 state of emergency and determine that the legislative bodies of the City of Indio will continue to hold meetings via teleconferencing pursuant to the findings set forth in Government Code Section 54953(e)(3) and making a determination that the action is exempt from further environmental review pursuant to Section 15268 (Ministerial Projects) of the California Environmental Quality Act
RECOMMENDATION:
The City Council has (i) reconsidered the circumstances of the COVID -19 state of emergency; and (2) finds that the state of emer gency continues to directly impact the ability of the members of the City’s legislative bodies to meet safety in person and Cal OSHA continues to recommend measures to promote social distancing, and making a determination that the action is exempt from fur ther environmental review pursuant to Section 15268 (Ministerial Projects) of the California Environmental Quality Act
SUMMARY:
To continue to have the ability to meet remotely pursuant Government Code Section 54953(e) (AB 361), the City Council must make certain finings no later than 30 days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter. The City Council reconsiders the findings it previously made and then makes a determination of whether the State’s COVID -19 declared state of emergency continues to impact the ability of all of the members of the City’s legislative bodies from meeting sa fely in person and as a result of the state of emergency, meeting in person presents imminent risks to the health and safety of attendees. Accordingly, the City Council has previously held that the City's legislative bodies may continue to use virtual tele conferenced meetings in compliance with Government Code Section 54953(e).
BACKGROUND INFORMATION:
The City Council and its legislative bodies have met remotely throughout the pandemic to protect the health and safety of the public and staff. The factual circumstances exist for the City’s legislative bodies to continue to hold meetings pursuant to AB 361. The state of emergency is still in effect and the City Council has previously reconsidered the findings and determined that the state of emergency continues to directly impact the ability of members of the City's legislative bodies to meet safely in person.
Since the beginning of the year, there have been several COVID -19 variants, including the Delta variant, the Omicron variant (which was prevalent i n the beginning of the year), and the subvariant AGENDA ITEM #10.15
Reconsideration of the circumstances of the COVID-19 state of emergency ... Page 329 of 446 BA2, which is sometimes referred to as the "stealth omicron" and is a subvariant of Omicron. With the start of the summer, the number of coronavirus cases has significantly increased. In addition, there are two new Omicron strains (BA.4 and BA.5) that have become dominant.
During the month of July in Riverside County, COVID -19 cases and hospitalizations continued to increase along with many other counties in Southern California. For example, between Jul y 8th and July 11th, Riverside County added 4,238 new cases. Between July 13 and July 20th, there were 814 cases reported. Towards the end of July, the case number decreased to 746 cases for the reporting period ending July 27th. While COVID-19 cases continue to remain high, the numbers are decreasing.
In the City of Indio, for the reporting period ending July 27th, Indio had an increase of 181 cases, 1 additional death and 320 recoveries.
Notwithstanding the lifting of the universal mask mandate, Cal OSHA Emergency Temporary Standards continue to recognize the importance of social distancing and states that the fact that particles containing the virus can travel more than six feet, especially indoors, training and instruction should be given to employees in that regard as well as inform that physical distancing, face coverings, increased ventilation indoors, and respiratory protection decrease the spread of COVID -19 and are most effective when used in combination.
Accordingly, it remains prudent that we monitor and continue the flexibility of a hybrid format will allow the continuation of the City’s business so that Council or Commission meetings would not have to be cancelled should members have health concerns or are sick and would provide the flexibility to each member of a legislative body to determine for themselves based on their own health matters whether attending a meeting will be risk to their health and safety or to those attending the meeting.
Even if the City Council continues to make the findings as required, the City Council and each of the City’s commissions can continue to meet in person and the chambers can continue to stay open. This determination does not require that meetings only be held remotely. This determination, howev er, would allow the City to make adjustments if needed (temporarily closing the chambers to the public) should COVID-19 continue to rapidly rise or the new variants threaten the health and safety of the public including staff and members of the City’s legislative bodies.
In conclusion, by reconsidering the circumstances of the state of emergency created by the COVID19 pandemic and finding that the state of emergency continues to directly impact the ability of the members to meet safely in person, the publ ic meetings of the City of Indio can continue to be conducted by Zoom for the next 30 days.
APPROVAL(S):
Steven Graham, City Attorney Approved - 05 Jan 2023
AGENDA ITEM #10.15
Reconsideration of the circumstances of the COVID-19 state of emergency ... Page 330 of 446 City of Indio
City Council
January 18, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Resolution No. 10338, a resolution of the City Council of the City of Indio approving the Tentative Parcel Maps 38493 and 38494 (TPM 22-06-470) for the Palmera Development Project pursuant to Chapter 156 (Subdivision Regulations) of the Indio Municipal Code on certain real properties located west of Monroe Street, north of Requa Street and east of Rubidoux Street and adopting CEQA findings pursuant to CEQA Guidelines Section 15183 that no further environmental review is required for the Project
RECOMMENDATION:
Adopt Resolution No. 10338, a resolution of the City Council of the City of Indio, California approving the Tentative Parcel Maps 38493 and 38494 (TPM 22-06-470) for the Palmera Development Project pursuant to Chapter 156 (Subdivision Regulations) of the Indio Municipal Code on certain real properties located west of Monroe Street, north of Requa Street and east of Rubidoux Street, and adopting CEQA findings pursuant to CEQA Guidelines Section 15183 that no further environmental review is required for the Project.
SUMMARY:
This is a tentative map approval for the Palmera Development Project (“Project”). The Project spans across six legal lots with APN’S 611-110-39 (Site A1), 611-420-001 (Site A2), 611-420-003 (Site A3), located along the north side of Requa Avenue; and 611-110-047 (Site B), 611-110-046 (Site C1), 611- 110-043 (Site C2) located along the southeast corner of Requa Avenue and Rubidoux Street (hereafter “Project Site”). The mapping will be subdividing the aforementioned parcels into two separate maps.
BACKGROUND INFORMATION:
On December 12, 2022, the Planning Commission recommended approval for Resolution No. 2045, the Tentative Parcel Maps 38493 and 38494 (TPM 22-06-470) for the Palmera Development Project pursuant to Chapter 156 (Subdivision Regulations) of the Indio Municipal Code on certain real properties located west of Monroe Street, north of Requa Street and east of Rubidoux Street and adopting CEQA findings pursuant to CEQA Guidelines Section 15183 that no further environmental review is required for the Project.
On October 26, 2022, the Planning Commission adopted Resolution No. 2039, approving the Planned Development Permit (PDP) 22-10-01 for the Palmera Development Project pursuant to the Highway 111 Corridor Specific Plan and adopting a Finding of Co nsistency (“FOC”) with the Highway 111 AGENDA ITEM #11.1
Resolution No. 10338 , a resolution of the City Council of the City of I... Page 331 of 446 Corridor Specific Plan, pursuant to California Environmental Quality Act (“CEQA”) Guidelines Sections 15168(c) and 15183.
The Project will include 346 multi -family for-rent and for -sale residential units in one -story and two - story buildings with some homes having a third-level sky deck. There will be 188 horizontal apartments located on Sites A1, A2, and A3, 53 horizontal apartments located on Site B, and 105 two -story townhomes with a third -level sky deck on Site C. The densities will range from 12 to 16.5 Dwelling Units per Acre. The one-story buildings would be built around a sequence of courtyards that would be connected to Requa Avenue with pedestrian pathways, and the two -story townhomes would be built in a sequ ence of greenbelts that link to Rubidoux Street and alleys. The project will develop one - bedroom, two-bedroom, and three-bedroom units ranging in size from 685 square feet to 1,625 square feet.
The Project will include passive and active amenities throug hout the property including several clubhouses, swimming pools, sports courts, open spaces, parkettes, dog parks, and various site - specific amenities. The project will include 636 parking spaces including garages, carports, and uncovered spaces.
The proposed buildings will vary in height with the one -story buildings being on the shorter end at approximately 15 feet in height and the two-story townhomes with a third-story sky deck being at the higher end with a maximum height of approximately 34.5 feet. Th e proposed buildings will consist of modern design features and would contain similar visual character as those in the surrounding area, and would not detract from, or contrast with the existing visual character and/or quality of the surrounding areas. The design of the proposed buildings is intended to enhance the street edge, visually and physically connect with the public right of way, and will meet the intent of the Highway 111 Corridor Specific Plan. Primary ingress/egress will be located off of Requa Avenue and residents along with all guests will have access to the Project via the intersection at Requa Avenue and Rubidoux Street. Controlled gated access will be available at various points on both the eastern and western portions of Requa Avenue and the northern and southern portions of Rubidoux Avenue.
The Applicant is now seeking the approval of Tentative Parcel Maps 38493 and 38494 (TPM 22 -06- 470), which would subdivide the Project Site into two maps as further described below:
The first map, Tentative Parcel Map 38493, is comprised of two parcels. Parcel 1 is located north of Requa Avenue and is on the eastern portion of the project site. Parcel 1 is 8.90 acres. Parcel 2 is located north of Requa Avenue and is on the western portion of the project site. Parcel 2 is 5.27 acres.
The second map, Tentative Parcel Map 38494, is comprised of two parcels. Parcel 1 is located on the northern portion of the proposed map and is south of Requa Avenue and east of Rubidoux Avenue.
Parcel 1 is 4.49 acres. Parcel 2 is located on the southern portion of the proposed map and is south of Requa Avenue and east of Rubidoux Avenue. Parcel 2 is 6.25 acres.
The General Plan Land Use Designations, Zoning Designations, and Existing Uses are identified in the table below:
GENERAL PLAN, ZONING, AND SURROUNDING EXISTING USE
General Plan Zoning Existing Use
AGENDA ITEM #11.1
Resolution No. 10338 , a resolution of the City Council of the City of I... Page 332 of 446 North: Mid-Town (MT)
Mid-(MT) Town
Highway 111 Corridor
Specific Plan
Single-Family Homes
South: Mid-Town (MT)
Mid-(MT) Town
Highway 111 Corridor
Specific Plan
Vacant Land and
Commercial Properties
East: Mid-Town (MT)
Mid-(MT) Town
Highway 111 Corridor
Specific Plan
Apartment Complexes
West: Mid-Town (MT)
Mid-(MT) Town
Highway 111 Corridor
Specific Plan
Apartment Complexes
and Commercial
Properties
The surrounding properties consist of single -family homes to the north, vacant land and commercial properties to the south, apartment complexes to the east and west, and commercial properties to the west. The proposed project is consistent with both the City of Indio's General Plan as well as with the newly adopted Highway 111 Corridor Specific Plan Zoning regulations.
General Plan 2040
The City of Indio General Plan Update 2040 breaks up land uses into major classes. These classes are Neighborhoods, Centers, Districts, and Public and Institutional (Table 3 -2: General Plan Types, City of Indio GPU 2040). The Project is located in the Center’s major class. The Center’s major class has 3 subcategories, Downtown, Midtown, and Neighborhood Center (Table 3-2: General Plan Types, City of Indio GPU 2040). The Midtown land use designation allows for horizontal and vertical mixed - use and standalone uses between 10 to 40 dwelling units per acre (DU/PA) (GPU 2040, 3-21). It also requires that block perimeters not exceed 1,600 feet unless there is a pedestrian paseo or greenway in which case the block perimeter can be no greater than 2,200 feet (GPU 2040, 3 -21). In this land use designation buildings must be set close to the street and there must be open space built in the design (GPU 2040, 3-21).
The Project will develop horizontal apartments and two-story townhomes with a third-level sky deck.
The densities will range from 12 to 16.5 DU/PA. This is an allowable use in the Midtown designation of the General Plan. This is within the required development intensities of the Midtown designation of the General Plan (GPU 2040, 3-21). The project will be developed with pedestrian paseos and will not have block perimeters that exceed 2,200 feet. The Project will be designed with buildings set closer to the street with parking centrally which is consistent with the standards set forth in the General Plan.
There will be several open space areas developed within the Project which is consistent with the General Plan.
The Project is consistent with the land use designations, density requirements, and design standards in the City of Indio’s General Plan 2040.
Highway 111 Corridor Specific Plan
The Project is located within the Mid-Town Neighborhood in the Highway 111 Corridor Specific Plan.
Parcels 611-110-39 (Site A1), 611-420-001 (Site A2), 611-420-003 (Site A3), located along the north side of Requa Avenue are located in subarea 16 of the Specific Plan (111 Corridor Specific Plan, Table 3.4-1). Parcels 611 -110-047 (Site B), 611 -110-046 (Site C1), 611 -110-043 (Site C2) located along the southeast corner of Requa Avenue and Rubidoux Street are located in subarea 17 of the Specific Plan (111 Corridor Specific Plan, Table 3.4 -1). Both subarea 16 and subarea 17 fully fal l
AGENDA ITEM #11.1
Resolution No. 10338 , a resolution of the City Council of the City of I... Page 333 of 446 within the master -planned design (MPD) overlay designation in the Specific Plan (111 Corridor Specific Plan, Table 3.4-1). The MPD Overlay, Section 3.4.C.1 of the Highway 111 Corridor Specific Plan, defines specific parcels or areas within the Specific P lan area that due to their size and/or location, require an approved Master Planned Development Permit to determine their subdivision and connectivity requirements prior to the application of zoning (111 Corridor Specific Plan, 102). All properties within an MPD Overlay shall be zoned “Master Planned Design Overlay” until updated through an approved Master Planned Development (MPD) Permit. An approved MPD Permit shall modify, refine or replace the base zoning for parcels within the MPD Overlay, based on the Rules of Application for the Regulatory Zones and Overlays (111 Corridor Specific Plan, 102).
The Project has obtained a Master Planned Development Permit. The Project is consistent with the requirements outlined in Section 3.4.C.1 of the Corridor Specific Plan.
The Project is located within the Mid-Town Neighborhood in the Highway 111 Corridor Specific Plan.
Parcels 611-110-39 (Site A1), 611-420-001 (Site A2), 611-420-003 (Site A3), located along the north side of Requa Avenue are located in subarea 1 6 of the Specific Plan (111 Corridor Specific Plan, Table 3.4-1). Parcels 611 -110-047 (Site B), 611 -110-046 (Site C1), 611 -110-043 (Site C2) located along the southeast corner of Requa Avenue and Rubidoux Street are located in subarea 17 of the Specific Pl an (111 Corridor Specific Plan, Table 3.4 -1). Subarea 16 and the northern portion of subarea 17 falls within the Neighborhood General (NG) Zone of the Specific Plan (111 Corridor Specific Plan, 102). Section 3.4.C.3 of the Highway 111 Corridor Specific Pla n states that the NG zone is intended to provide a lively neighborhood environment that offers a variety of housing types.
Table 3.5-1 states that multi-family housing of various densities is a permitted use within the NG Zone (111 Corridor Specific Plan, 113). Section 3.4.C.3 of the Highway 111 Corridor Specific Plan states that properties within the NG Zone shall be no taller than 3 stories within 75 feet of a Neighborhood Low Zone (111 Corridor Specific Plan, 104).
The Project consists of 346 multi -family for-rent and for -sale residential units in one -story and two - story buildings with some homes having a third -level skydeck with an elevation lower than 75 feet.
The Project will also construct various pools, spas, dog parks, pickleball courts, and other various amenities. All proposed uses are allowable uses within the Neighborhood General Zone. The proposed design for the multi-family homes and amenities are consistent with the permitted uses and design standards outlined in the NG Zone of the Specific Plan.
The Project is consistent with the zoning designation uses and design standards outlined in the Highway 111 Corridor Specific Plan.
California Environmental Quality Act (CEQA)
All potentially significant effects (a) have been analyzed adequately in the previously -certified FOC for the Highway 111 Corridor Specific Plan pursuant to the applicable standards, and (b) have been avoided or mitigated pursuant to the previously certifi ed FOC. Therefore, in accordance with CEQA and CEQA Guidelines Section 15168 (c) a Finding of Consistency with the Highway 111 Corridor Specific Plan, the project elements do not propose any new or substantially more significant effects, nor do they require any new mitigation measures of alternatives.
To further support this determination, CEQA Guidelines Section 15183 provides an exemption from additional environmental review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an environmental impact analysis (“EIR”) was certified, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or it s site. Section 15183 of the
AGENDA ITEM #11.1
Resolution No. 10338 , a resolution of the City Council of the City of I... Page 334 of 446 CEQA Guidelines specifies that examination of environmental effects shall be limited to those effects that: (1) are peculiar to the project or the parcel on which the project would be located, and were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent; (2) are potentially significant off -site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the genera l plan, community plan or zoning action; or (3) are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR. Section 15183(c) of the CEQA Guidelines further specifies that if an impact is not peculiar to the parcel or to the proposed project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, then an additional EIR need not be prepared for that project solely on the basis of that impact.
The City of Indio's General Plan Update (GPU) included a comprehensive update to the City’s General Plan, which was adopted in 1993. The General Plan is a state-mandated document that outlines goals, policies, and programs that provide the framework for future development in the City and its Sphere of Influence (SOI). The 1993 General Plan had a horizon year of 2020. The General Plan update has a horizon year of 2040. The GPU addresses land use, all modes of transportation, housing, safety, includes a comprehensive update to the City’s General Plan, which was adopted in 1993, and the development of a Climate Action Plan. The City’s General Plan was reorganized into ten elements (Land Use and Urban Design, Mobility, Economic Development, Housing, Health and Equity, Parks and Recreation, Conservation, Infrastructure and Public Facilities, Safety, and Noise). The City adopted a new Housing Element on January 15, 2014. New policies in the GPU were proposed that emphasize mobility, healthy communities, and sustainability. The GPU includes 13 land use place types/designations, which are organiz ed into three broad place type categories: neighborhoods, centers, and districts. Each place type may contain a mix of land use uses (e.g., residential, commercial, industrial, and public uses, at a variety of scales and intensities) and each place type provides direction on use, intensity/density, form, and character.
The GPU Program Environmental Impact Report (“PEIR”) was certified in conjunction with the adoption of the GPU on September 18, 2019. The Indio General Plan 2040 replaces the previously adopted Indio General Plan 2020. The GPU PEIR comprehensively evaluated environmental impacts that would result from the implementation of the General Plan, including information related to existing site conditions, analyses of the types and magnitude of proj ect-level and cumulative environmental impacts, and feasible mitigation measures that could reduce or avoid environmental impacts.
Public Notice
A Notice of Public Hearing was published in the Desert Sun newspaper on January 6, 2022. In addition to the notice of public hearing, City staff mailed the Notice of Public Hearing to all property owners within 300 feet of the subject property on January 4, 2022.
FINDINGS:
The Subdivision Map Act requires that, prior to any map approval, the City find that the proposed subdivision, together with the provisions for its design and improvement of any tentative map or a parcel map is consistent with the general plan. (Government Code Sections 66473.5). The Findings and Conclusion Section addresses the consistency of the proposed parcel division with the Subdivision Map Act.
AGENDA ITEM #11.1
Resolution No. 10338 , a resolution of the City Council of the City of I... Page 335 of 446 The Indio Municipal Code provides that the City Council shall, upon approval unequivocally or with requirements and conditions upon a tentative map, make the necessary findings as required by the Subdivision Map Act. California Government Code Section 66474 sets forth the findings required for tentative maps that are analyzed below pertaining to the proposed tentative parcel map:
1. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans in that:
Incorporating the facts set forth above, the proposed parcel subdivision will be in conformance with the Gen eral Plan land use designation of the MT land use designation, and with the policies and specific actions as described above. This subject property is within the Highway 111 Corridor Specific Plan and is consistent with its standards. Therefore, the proposed parcel subdivision, including any design and improvements, are consistent with the applicable general and specific plans.
2. The site is physically suitable for the type of development in that:
The Project Site is physically suitable for the type of de velopment in keeping with the requirements of the general development standards of the Indio Municipal Code, General Plan 2040, and the Highway 111 Corridor Specific Plan. Adequate access and infrastructure exist or will be provided. Furthermore, the site has no topographical constraints. Additionally, the Project will be conditioned to comply with the Public Works division comments requiring frontage improvements along the north side of Requa Avenue. Therefore, as conditioned, it can be determined that the proposed subdivision is physically suitable for the site.
3. The site is physically suitable for the proposed density of development in that:
The Project Site falls within the City of Indio’s newly approved Highway 111 Corridor Specific Plan. The Project Site has both a land use designation and a zoning designation of MT. The MT designation calls for vertical and horizontal mixed -use development with residential densities of up to 40 dwelling units per acre. The Project is proposing to develop horizontal apartments and townhomes that are 12 to 16.5 dwelling units per acre and are consistent with the General Plan and the Highway 111 Corridor Specific Plan. The Project will be a suitable development in keeping with the requirements of the general development standards of the Indio Municipal Code, The Corridor Specific Plan, and the General Plan 2040. Therefore, the site of the proposed subdivision contemplated under Tentative Parcel Maps No. 38493 and No. 38494 will be physically suitable for the proposed density of development.
4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that:
The Project Site is surrounded by heavily disturbed lands and there is no presence of fish or wildlife or their habitat on this property. There are no watercourses, streams, or wetlands present on the property. The Project is therefore not likely to cause substantial environmental damage and within the City and provides no fish or significant wildlife habitat.
5. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that:
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The proposed design of the subdivision or type of improvements contemplated by the proposed parcel subdivision is not likely to cause serious public health problems, as adequate sewer and water systems will be available to the two resultant parcels. The parcels have the necessary infrastructure to adequately serve the proposed apartments and townhome buildings and all proposed uses as allowed by the zoning ordinances that regulate the Project Site. Accordingly, compliance with the conditions of approval will prevent the Project from being detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.
6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision in that:
The design or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision.
Public utilities for electricity, water, sewer, telecommunications, and gas service have all been assessed for availability. The access points to Project have been reviewed and approved by the Fire and Public Works Departments as part of the overal l approval of the Project. There are no known public easements traversing the subject site that would be adversely affected by the Project.
Therefore, the parcel subdivision will not conflict with easements acquired or required by the public at large, for access through or use of the property.
Conclusion:
Based on the preceding information provided herein, staff concludes that the findings set forth in Government Code Section 66474 can affirmatively be made for proposed Tentative Parcel Maps No. 38493 and No. 38494 (TPM 22 -06-470). The proposed parcel subdivision is consistent with the General Plan as it meets the MT land use designation and the MT zoning designation. The parcel subdivision will not conflict with easements acquired by the public at large, for access through or use of property within the proposed parcel subdivision as all such improvements will be constructed to be adequate for the Project, and it will not cause substantial environmental damage or substantially avoidably injure fish, wildlife, or their habitat. The required conditions of approval ensure the Project from being detrimental to the public health, safety, or welfare and actually protect and promote the public health, safety, and welf are, and the conditions prevent material injury to properties or improvements in the vicinity.
CEQA Determinations
CEQA Guidelines Section 15168 (c)
Staff has determined that no further environmental documentation is required because all potentially significant effects (a) have been analyzed adequately in the previously-certified FOC for the Highway 111 Corridor Specific Plan pursuant to the applicable standards, and (b) have been avoided or mitigated pursuant to the previously certified FOC. Therefore, in accordance with CEQA and CEQA Guidelines Section 15168 (c) a Finding of Consistency with the Highway 111 Corridor Specific Plan, the Project elements do not propose any new or substantially more significant effects, nor do they require any new mitigation measures of alternatives.
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In accordance with CEQA Guidelines §15183, the Project qualifies for an exemption because the following findings can be made:
1. The project is consistent with the development density established by existing zoning, community plan, or general plan policies for which a PEIR was certified.
The Project would be consistent with the Mid-Town land use designation identified for the site in the GPU. Similarly, the Project would be consistent with the Mid -Town zoning designation identified for the site in the Highway 111 Corridor Specific Plan.
2. There are no project -specific effects which are peculiar to the project or its site, and which the GPU PEIR Failed to analyze as significant effects.
The subject property is consistent with properties in the surrounding area, and there are no Project-specific effects that are peculiar or unique to the Project or its site. The property does not contain any peculiar environmental features, and the Project would not result in any peculiar effects. All areas of the Project site have been previously analyzed in the GPU PEIR.
3. There are no potentially significant off -site and/or cumulative impacts which the GPU PEIR failed to evaluate.
Preparation of the § 15183 Exemption Checklist did not identify any significant off -site and/or cumulative impacts which the GPU PEIR failed to evaluate.
4. There is no substantial new information which results in more severe impacts than anticipated by the GPU PEIR.
No new information has been identified which would result in a determination of a more severe impact than what had been anticipated by the GPU PEIR.
5. The project will undertake feasible mitigation measures specified in the GPU PEIR.
The Project will undertake all relevant and applicable mitigation measures specified in the GPU PEIR.
These GPU PEIR mitigation measures will be undertaken through project design, compliance with regulations and ordinances, or through the Project’s conditions of approval.
Conclusion:
Pursuant to CEQA Guidelines Section 15183, it has been determined that the Project is consistent with the analysis performed for the GPU P EIR. Further, the GPU PEIR adequately anticipated and described the impacts of the Project, identified applicable mitigation measures necessary to reduce project-specific impacts, and the Project applicant will be required to implement all relevant and applicable mitigation measures as a condition of Project approval found in the GPU PEIR Attachment J. The applicant's environmental consultant, RECON Environmental Inc., has completed the CEQA Guidelines Section 15183 Exemption Checklist (Attachment 4).