Madera City Council
February 18, 2026

Update 2/12/26 9:00 p.m. Madera City Council Agenda Page 1 of 7 February 18, 2026

REGULAR MEETING OF THE MADERA CITY COUNCIL
205 W. 4th Street, Madera, California 93637

NOTICE AND AGENDA
Wednesday, February 18, 2026 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live-streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900- 6833 enter ID: 858 2322 9836 #. Press *9 to raise your hand to comment and *6 to unmute yourself to speak. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.
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Update 2/12/26 9:00 p.m. Madera City Council Agenda Page 2 of 7 February 18, 2026
CALL TO ORDER:

ROLL CALL: Mayor Cece Gallegos
Mayor Pro Tem Rohi Zacharia, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
INVOCATION: Pastor Brandon Hopkins, Grace Community Church PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:

PRESENTATIONS:

1. Proclamation Recognizing Black History Month

2. Proclamation Recognizing California Earned Income Tax Credit (CalEITC) Awareness Week PUBLIC COMMENT:

The first 15 minutes of the meeting are reserved for members of the public to address the Council on items which are within the subject matter jurisdiction of the Council. Speakers shall be limited to three minutes.

Speakers will be asked, but are not required, to identify themselves and state the subject of their comments. If the subject is an item on the Agenda, the Mayor has the option of asking the speaker to hold the comment until that item is called. Comments on items listed as a Public Hearing on the Agenda should be held until the hearing is opened. The Council is prohibited by law from taking any action on matters discussed that are not on the agenda, and no adverse conclusions should be drawn if the Council does not respond to public comment at this time.

A. PUBLIC HEARINGS: None
B. CONSENT CALENDAR:

Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the public or a member of the Council may request an item be removed from the Consent Calendar and it will be considered separately.

B-1 Minutes – February 4, 2026
Recommendation: Approve the City Council Minutes of February 4, 2026 (Report by Alicia Gonzales)
B-2 Adoption of updated City of Madera Full Time Salary Schedules Recommendation: Adopt a resolution approving revised City of Madera Full Time Salary Schedules effective January 24, 2026 (Report by Wendy Silva) B-3 Temporary overfill of Mechanic budgeted positions
Recommendation: Adopt a resolution approving a temporary overfill for the Mechanic classification due to specialized training requirements (Report by Wendy Silva)
Update 2/12/26 9:00 p.m. Madera City Council Agenda Page 3 of 7 February 18, 2026
B-4 Fee waivers for all 2026 City-run baseball programs Recommendation: Adopt a Resolution waiving the registration for City-run T-ball and Coach Pitch Leagues for 2026 (Report by Joseph Hebert)
B-5 Certificate of Recognition Honoring Linda Garner
Recommendation: Adopt a Minute Order approving a Certificate of Recognition honoring Linda Garner founder of Doors of Hope (Report by Alicia Gonzales) B-6 American Cancer Society Waiver Request for Relay for Life 2026, Heart of California Event Recommendation: Adopt a Resolution to waive the rental fees of the Lions Town & Country Park starting on May 1, 2026, and ending on May 3, 2026, related to the Relay for Life 2026 event hosted by the American Cancer Society, at an anticipated rental fee of $1,118.75 (Report by Joseph Hebert) B-7 Madera County Behavioral Health Waiver Request for Underage Drinking Training Recommendation: Adopt a Resolution to waive the rental fees of the Frank Bergon Senior Center on February 20, 2026, related to an Underage Drinking Training from the California Highway Patrol, hosted by Madera County Behavioral Health Services, at an anticipated rental fee of $252.50 (Report by Joseph Hebert)
B-8 Actions Relating to Sienna Estates Subdivision
Recommendation: 1. Adopt a Resolution:
a. Approving the Final Map for the Sienna Estates Phase 2 Subdivision (Tract No. 22-S-01); and
b. Approving Revised and Restated Improvement Agreement for the Sienna Estates Subdivision Phase 1 (Agreement) (Tract No. 05-S-19) and Phase 2 (Tract No. TSM 22-S-01); and
c. Authorizing the City Manager to enter into a Cooperative Agreement with Caltrans for roadway improvements along State Route 145; and
d. Authorizing staff to record the Phase 2 Final Map and Agreement; and
e. Accepting the Dedication of Land for Public Use; and

2. Adopt a Resolution Initiating Proceedings Pursuant to the Landscaping and Lighting Act of 1972 for the Annexation of Property into City of Madera Landscape Maintenance District Zone of Benefit 45A, to Review the Improvements and Assessments for Fiscal Year 2024/25, and Setting a Public Hearing (Report by Keith Helmuth) B-9 Traffic Signal Installation at South and D Streets City Project No. TS-32, Federal Project CML 5157 (125)
Recommendation: Adopt a Resolution approving the contract award for Traffic Signal Installation at South and D Streets City Project No. TS-32, Federal Project CML 5157 (125), for $432,367 to St Francis Electric, LLC and adopting a CEQA Class 2 (Existing Facilities) categorical exemption for the project (Report by Keith Helmuth)
Update 2/12/26 9:00 p.m. Madera City Council Agenda Page 4 of 7 February 18, 2026
B-10 Traffic Signal Installation at Cleveland Avenue and Granada Drive City Project No. TS-24, Federal Project CML 5157 (124)
Recommendation: Adopt a Resolution approving the contract award for Traffic Signal Installation at Cleveland Avenue and Granada Drive City Project No. TS24, Federal Project CML 5157 (124), for $344,617 to St Francis Electric, LLC and adopting a CEQA Class 1 (Existing Facilities) categorical exemption for the project (Report by Keith Helmuth)
B-11 Traffic Signal Modification at the Intersection of Howard Rd & Pine St, Howard Rd, & Yosemite Ave/Q St, City Project No. TS-23 Federal Project No. CML 5157(121) Recommendation: Adopt a Resolution approving the contract award for Traffic Signal Modification at the Intersection of Howard Rd & Pine St, Howard Rd, & Yosemite Ave/Q St, City Project No. TS-23 Federal Project No. CML 5157(121), for $211,097.00 to St Francis Electric, LLC. and adopting a CEQA Class 1 (Existing Facilities) categorical exemption for the project (Report by Keith Helmuth)
B-12 Agreement with BSK Associates for Testing Services Recommendation: Adopt a resolution approving the professional services agreement with BSK Associates for testing services not to exceed $173,957 related to the water main replacement City Project No. W-43 Rebid (Report by Keith Helmuth)
B-13 Sidewalk Improvements at Various Locations, City Project No. R-94 Bid Package 3 Phase 2 AHSC Agreement No. 19-AHSC-12761
Recommendation: Adopt a Minute Order Approving:

1. Acceptance of the Sidewalk Improvements at Various Locations City Project No. R-94 Bid Package 3 Phase 2 AHSC Agreement No. 19- AHSC-12761; and

2. Recording of Notice of Completion; and

3. Release of retention 35 days after the recording of the Notice of Completion (Report by Keith Helmuth)
B-14 Olive Avenue Widening and Reconstruction – Gateway Drive to Knox Street Phase 2, Utility Undergrounding City Project No. R-000010
Recommendation: Adopt a Minute Order Approving:

1. Acceptance of the Olive Avenue Widening and Reconstruction – Gateway Drive to Knox Street, Phase 2 Utility Undergrounding, City Project No. R-000010; and

2. Recording of Notice of Completion; and

3. Release of retention 35 days after the recording of the Notice of Completion; and (Report by Keith Helmuth)
B-15 Temporary use of 103 East Yosemite Avenue (APN:007-101-011) for construction staging Recommendation: Adopt a Resolution approving the License to Enter Agreement with Rolfe Construction for temporary use of City-owned property associated with the Water Main Replacement Project, City Project No. W-43 Rebid (Report by Keith Helmuth)
Update 2/12/26 9:00 p.m. Madera City Council Agenda Page 5 of 7 February 18, 2026
B-16 Agreement with Backflow Solutions, Inc. (BSI)
Recommendation: Adopt a Resolution approving an agreement with BSI for backflow prevention assembly notification and Fats, Oils and Grease (FOG) management and control program data management services (Report by Harpiar Gandhi)
C. WORKSHOP:

C-1 Discussion and Direction regarding City Private Domestic Water Well Permitting Regulations and Policies
Recommendation: This report is submitted for Discussion and Direction regarding City Private Domestic Water Well Permitting Regulations and Policies (Report by Will Tackett)
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS: None E. ADMINISTRATIVE REPORTS:

E-1 Micro Transit Feasibility Study Update
Recommendation: This report is submitted for informational purposes and there is no action requested from the City Council (Report by Michael Lima) E-2 Caltrans Highway Capital Preventive Maintenance (CAPM) Project 06-0Y180 on State Route 145 (Project) Update Relative to Business Owner Impacts Recommendation: This report has been prepared at the direction of the City Council (Council), therefore there is no staff recommendation provided. Council is asked to consider the information and provide further direction at its discretion (Report by Keith Helmuth)
E-3 Informational report on the Madera Metro Transit System Recommendation: This report is submitted for informational purposes and there is no action requested from the City Council (Report by Michael Lima) E-4 4th of July Celebration
Recommendation: This report was prepared at the direction of the City Council (Council) for informational purposes. No staff recommendation or Council action is requested; however, Council may provide direction if desired (Report by Joseph Hebert)
E-5 Commercial Exterior Paint Color Palette
Recommendation: Receive report from staff, discuss regulations pertaining to the establishment of a citywide commercial exterior paint color palette, and provide staff with direction (Report by Will Tackett)
E-6 Administration of the Community Development Block Grant Revolving Loan Funds (CDBGRLF) Program Recommendation: This report is submitted for informational purposes and there is no action requested from the City Council (Report by Michael Lima) Update 2/12/26 9:00 p.m. Madera City Council Agenda Page 6 of 7 February 18, 2026
E-7 Race Communications and Upcoming Installation of Internet and Telephone Services Recommendation: Receive introduction and provide direction, if any, regarding information provided as part of this report to City Council (Report by Keith Helmuth) E-8 Selecting Recipients for March Proclamation
Recommendation: Request for Council’s Selection of Recipients for the Proclamation Recognizing Red Cross Month and Women’s History Month (Report by Alicia Gonzales)
E-9 Employee work locations and office space needs
Recommendation: This report has been prepared at the direction of the City Council (Council), therefore there is no staff recommendation provided. Council is asked to consider the information and provide further direction at its discretion (Report by Wendy Silva)
E-10 Lions Town & Country Park Trail Improvement Project Update Recommendation: This report has been prepared at the direction of the City Council (Council) for informational purposes; no staff recommendation or Council action is requested (Report by Joseph Hebert)
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items, and (iv) to take action on matters initiated under this section of the agenda. Under this section, the Council may take action only on items specifically agendized and which meet other requirements for action.

G. CLOSED SESSION:

G-1 Conference with Legal Counsel – Anticipated Litigation Deciding whether to initiate litigation pursuant to Government Code Section 54956.9(d)(4) One Case
G-2 Conference with Legal Counsel – Existing Litigation (Government Code, §54956.9(d)(1)) Name of Case: City of Madera v. Jesus Lopez
County of Madera Superior Court Case No. MCV086188
FUTURE MEETING DATES:
 Wednesday, March 4, 2026
 Wednesday, March 18, 2026
ADJOURNMENT:
 The meeting room is accessible to the physically disabled. Requests for accommodations for persons with disabilities such as signing services, assistive listening devices, or alternative format agendas and reports needed to assist participation in this public meeting may be made by calling the City Clerk’s Office at (559) 661-5405 or emailing [email protected] . Those who are hearing impaired may call 711 or 1-800-735-2929 for TTY Relay Service. Requests should be made as soon as practicable as additional time may be required for the City to arrange or provide the requested accommodation.

Requests may also be delivered/mailed to: City of Madera, Attn: City Clerk, 205 W. 4th Street, Madera, CA 93637. At least seventy-two (72) hours’ notice prior to the meeting is requested but not required.

Update 2/12/26 9:00 p.m. Madera City Council Agenda Page 7 of 7 February 18, 2026
When making a request, please provide sufficient details that the City may evaluate the nature of the request and available accommodations to support meeting participation. Please also provide appropriate contact information should the City need to engage in an interactive discussion regarding the requested accommodation.
 Please silence or turn off cell phones and electronic devices while the meeting is in session.  Regular meetings of the Madera City Council are held the 1st and 3rd Wednesday of each month at 6:00 p.m. in the Council Chambers at City Hall.
 Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s office located at 205 W. 4th Street, Madera, CA 93637 and on the City website at www.madera.gov  Questions regarding the meeting agenda or conduct of the meeting, please contact the City Clerk’s Office at (559) 661-5405.
 Para asistencia en español sobre este aviso, por favor llame al (559) 661-5405.

I, Alicia Gonzales, City Clerk for the City of Madera, declare under penalty of perjury that I posted the above agenda for the Regular Meeting of the Madera City Council for February 18, 2026, near the front entrances of City Hall and on the City’s website www.madera.gov at 9:00 p.m. on February 12, 2026. _______________________
Alicia Gonzales, City Clerk
Minutes of a Regular Meeting of the Madera City Council and Minutes of a Special Meeting of the Madera City Council as the Groundwater Sustainability Agency Wednesday, February 4, 2026 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are open to the public. The meeting was available for public viewing and participation through Zoom. Members of the public were able to observe the live-streamed meeting on the City’s website and were able to comment on agenda items at the meeting, remotely through an electronic meeting via phone, via email and by regular mail.

CALL TO ORDER: Meeting was called to order at 6:01 p.m.

ROLL CALL:

Present: Mayor Cece Gallegos
Mayor Pro Tem Rohi Zacharia, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3 (Arrived at 6:09 p.m.) Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Shannon L. Chaffin, City Engineer Keith Helmuth, Community Development Director Will Tackett, Director of Financial Services Michael Lima, Division Fire Chief Larry Pendarvis, Fire Battalion Chief Dana McCarroll, Director of Human Resources Wendy Silva, Director of Information Technology Gary Price, Director of Parks and Community Services Joseph Hebert, Planning Manager David Brletic, Chief of Police Giachino Chiaramonte, Public Works Director of Operations Harpiar Gandhi and Communication Specialist Joseph Carrello.

INVOCATION: Pastor Mike Souza, Harvest Community Church PLEDGE OF ALLEGIANCE: Mayor Pro Tem Zacharia
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, THE AGENDA WAS APPROVED BY A 6/0 VOTE. ABSENT: COUNCILMEMBER MONTES.

PRESENTATIONS:

1. Certificate of Recognition Honoring Christian Johnson

2. Certificate of Recognition Recognizing Pistoresi Ambulance

3. Introduction of David Brletic, Planning Manager and Harpiar Gandhi, Public Works Director Item: B-1
Minutes for: 02/04/2026
Adopted: 02/18/2026

RETURN TO AGENDA
City of Madera City Council Minutes
205 W. 4th Street February 4, 2026
Madera, CA 93637 Page 2 of 8
PUBLIC COMMENT:

The first 15 minutes of the meeting are reserved for members of the public to address the Council on items which are within the subject matter jurisdiction of the Council. The Council is prohibited by law from taking any action on matters discussed that are not on the agenda, and no adverse conclusions should be drawn if the Council does not respond to public comment at this time.

Harlan Rippetoe, founder of the Big Valley Horseshoe League asked Council to support and fund eight (8) additional horseshoe courts.

Spanish speaking woman mentioned that 510 Adell Street had been annexed into the City ten years ago without their consent and when they wanted to build a water well, they were told they had to pay to connect to City water. It is very expensive and they believe that the City should pay for that connection.

They also believe it is unfair that even if they could connect to City water, they would then need to pay monthly water fees. She mentioned that the streets need sidewalks, and they were told that they had to pay for that. She believes that the City should be responsible for that and asked that the Mayor find some way to fund those things.

Photographer John Stalker acknowledged Administrative Assistant Brandi Garcia in the Planning Department who was able to process his Home Occupation Permit (HOP) in two weeks in time for him to work an event. He asked that Council step up and publicly denounce and oppose the mileage tax.

A resident stated that he conducts patrols from midnight to 8:00 a.m. and has observed significant lag times at the traffic signals on Tozer near Millview Elementary School and at Lake Street near the County limit. He requested that these signal timing issues be reviewed and corrected.

No further Public Comment was presented. Public Comment was closed.

A. PUBLIC HEARINGS:

A-1 Initiation of proceedings for the Annexation of the Sienna Estates Subdivision into Community Facilities District No. 2005-1
Recommendation: That Council adopt a Resolution:

1. Declaring Its Intention to Annex Territory (including a portion of Tract 05-S-19 and Tract 22-S-01, the Sienna Estates Subdivision) to the City of Community Facilities District No. 2005-1 (Public Services), to Authorize the Levy of Special Taxes Therein, and Setting Public Hearing (Annexation No. 18) (Report by Will Tackett)

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM A-1 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

RES 26-01 DECLARING ITS INTENTION TO ANNEX TERRITORY (INCLUDING A PORTION OF TRACT 05-S-19 AND TRACT 22-S-01, THE SIENNA ESTATES SUBDIVISION) TO THE CITY OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN, AND SETTING PUBLIC HEARING (ANNEXATION NO. 18) A-2 Consideration of General Plan Amendment (GPA) No. 2026-01 for the 2024–2032 Housing Element Update
Recommendation: The Planning Commission and staff recommend the City Council conduct a public hearing to review the 2024–2032 Housing Element, as revised City of Madera City Council Minutes
205 W. 4th Street February 4, 2026
Madera, CA 93637 Page 3 of 8
in response to comments from the California Department of Housing and Community Development (HCD), and act as follows:

1. Adopt a Resolution determining the project is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines and approving General Plan Amendment (GPA) No. 2026-01 for the 2024–2032 Housing Element (Report by Will Tackett)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM A-2 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

RES 26-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

DETERMINING THE PROJECT IS EXEMPT PURSUANT TO SECTION
15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AND APPROVING GENERAL PLAN AMENDMENT (GPA) NO. 2026-01 FOR THE 2024–2032 HOUSING ELEMENT
B. CONSENT CALENDAR:

Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER EVANS, THE CONSENT CALENDAR WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

B-1 Minutes – December 17, 2025, January 14, 2026
Recommendation: Approve the City Council Minutes of December 17, 2025 and January 14, 2026 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for December 6, 2025 to January 23, 2026 (Report by Michael Lima)
B-3 Informational Report on Personnel Activity
Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Council) (Report by Wendy Silva) B-4 Receipt of $71,163.84 to reimburse the City for January 2023 winter storm damage for emergency bypass pumping (first 60 days) and permanent construction repair work to the Avenue 13 sewer trunk main line
Recommendation: Adopt a minute order accepting $71,163.84 in Federal and State funds as reimbursement under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and California Disaster Assistance Act for Cityincurred expenses to perform emergency bypass pumping for the period of the first 60 days from the start of the California Severe Winter Storms, Flooding, Landslides, and Mudslides Event and for permanent construction repair work to the Avenue 13 sewer trunk main line (Report by Wendy Silva)
B-5 Settlement of Insurance Claim for Repair of Sran Playground Recommendation: Adopt a Minute Order authorizing the City Manager to execute Master Final Proof of Loss in the amount of $107,639.75 for the repair of Sran City of Madera City Council Minutes
205 W. 4th Street February 4, 2026
Madera, CA 93637 Page 4 of 8
Playground and to submit and execute any further related documents to finalize the insurance claim (Report by Wendy Silva)
B-6 Proclamation Recognizing California Earned Income Tax Credit (CalEITC) Awareness Week Recommendation: Adopt a Minute Order approving a Proclamation Recognizing California Earned Income Tax Credit (CalEITC) Awareness Week (Report by Alicia Gonzales)
B-7 R-10 Phase III, Olive and Knox Street Widening and Intersection Improvements from Olive Avenue to Neplus Way
Recommendation: Adopt a Minute Order Approving:

1. Acceptance of the R-10 Phase III, Olive and Knox Street Widening and Intersection Improvements from Olive Avenue to Neplus Way, City Project No. R-10 Phase III

2. Recording of Notice of Completion

3. Release of Retention 35 days after the Recording of the Notice of Completion (Report by Keith Helmuth)
B-8 Accepting all Improvements Associated with the Pecan Square Subdivision (Tract No. 20-S02) Recommendation: Adopt a Resolution:

1. Accepting Improvements for the Pecan Square Subdivision (Tract No. 20-S-02)

2. Authorize the filing of the Notice of Acceptance for said subdivision improvements (Report by Keith Helmuth)
RES 26-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, ACCEPTING IMPROVEMENTS REQUIRED TO BE INSTALLED IN CONNECTION WITH PECAN SQUARE SUBDIVISION (TRACT NO. 20-S02), AND AUTHORIZING THE FILING OF A NOTICE OF ACCEPTANCE FOR

SUCH IMPROVEMENTS
B-9 Acceptance of the Thaddeus Sran Playground Equipment Replacement and Installation Services
Recommendation: Staff recommend that the City Council approve Minute Order approving:

1. Acceptance of the Thaddeus Sran Playground Equipment Replacement and Installation Services, specifically located within Centennial Park at 701 E. 5th Street, Madera, CA 93638.

2. The Recording of Notice of Completion.

3. The release of retention 35 days after the recording of the Notice of Completion. (Report by Joseph Hebert)
B-10 Madera Evening Lions Club Fee Waiver Request for the Annual Stride for Diabetes 5K Run/Walk Event
Recommendation: Adopt a Resolution waiving the rental fees of the Lions Town & Country Park on April 11, 2026, related to the Annual Strides for Diabetes 5K Run/Walk event hosted by the Madera Evening Lions Club, at an anticipated rental fee of $530 (Report by Joseph Hebert) City of Madera City Council Minutes
205 W. 4th Street February 4, 2026
Madera, CA 93637 Page 5 of 8
RES 26-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, WAIVING THE RENTAL FEES OF THE LIONS TOWN & COUNTRY PARK ON APRIL 11, 2026, RELATED TO THE ANNUAL STRIDES FOR DIABETES 5K RUN/WALK EVENT HOSTED BY THE MADERA EVENING LIONS CLUB, AT AN ANTICIPATED RENTAL FEE OF $530
B-11 Junior Giants League Agreement for Youth Baseball (Ages 5-13) Recommendation: Adopt a Resolution Ratifying Approval of a League Agreement between the City of Madera and the Junior Giants Organization for the 2026 Summer League season (Report by Joseph Hebert)
RES 26-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, RATIFYING APPROVAL OF A LEAGUE AGREEMENT BETWEEN

THE CITY OF MADERA AND THE JUNIOR GIANTS FOR SUMMER LEAGUE 2026
B-12 Madera Unified School District Fee Waiver Request for the Battle of the Books Event Recommendation: Adopt a Resolution waiving the rental fees of the John Wells Youth Center on Wednesday, March 18, 2026, related to the Madera Unified School District Battle of the Books event, at an anticipated rental fee of $2,176 (Report by Joseph Hebert)
RES 26-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA WAIVING THE RENTAL FEES OF THE JOHN WELLS YOUTH CENTER FOR WEDNESDAY, MARCH 18, 2026, RELATED TO THE MADERA

UNIFIED SCHOOL DISTRICT BATTLE OF THE BOOKS EVENT, AT AN ANTICIPATED RENTAL FEE OF $2,176
B-13 Black Saints United Fee Waiver Request for the Black History Month Celebration Event Recommendation: Adopt a Resolution waiving the rental fees of the Pan American Community Center on February 15, 2026, related to a Black History Month Celebration hosted by Black Saints United, at an anticipated rental fee of $1,255 (Report by Joseph Hebert)
RES 26-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA WAIVING THE RENTAL FEES OF THE PAN AMERICAN
COMMUNITY CENTER ON FEBRUARY 15, 2026, RELATED TO A BLACK

HISTORY MONTH CELEBRATION HOSTED BY BLACK SAINTS UNITED, AT AN ANTICIPATED FEE RENTAL OF $1,255
B-14 Extension to Ground Lease Agreement at Madera Municipal Airport with DMP Development Recommendation: Adopt a Resolution approving the First Amendment to the ground lease agreement between the City and DMP Development Corporation for property at Madera Municipal Airport (Report by Harpiar Gandhi) RES 26-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING THE FIRST AMENDMENT TO THE GROUND LEASE

AGREEMENT WITH DMP DEVELOPMENT CORPORATION FOR PROPERTY

LOCATED AT THE MADERA MUNICIPAL AIRPORT
C. WORKSHOP: None
City of Madera City Council Minutes
205 W. 4th Street February 4, 2026
Madera, CA 93637 Page 6 of 8
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Agreement for Management Services Between Madera Irrigation District GSA, City of Madera GSA and Madera Water District GSA for the Domestic Well Mitigation Program Recommendation: 1. Receive update and provide direction regarding information provided as part of this report to City Council and,

2. Approve a Resolution Approving Agreement for Management Services Between Madera Irrigation District GSA, City of Madera GSA and Madera Water District GSA for the Domestic Well Mitigation Program (Agreement) (Action on this item by the Groundwater Sustainability Agency) (Report by Keith Helmuth)

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER MEJIA, ITEM D-1 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

GSA RES 26-01 A RESOLUTION OF THE CITY OF MADERA AND THE CITY OF MADERA,

GROUNDWATER SUSTAINABILITY AGENCY BOARD APPROVING THE

AGREEMENT FOR MANAGEMENT SERVICES BETWEEN MADERA

IRRIGATION DISTRICT GSA, CITY OF MADERA GSA AND MADERA WATER

DISTRICT GSA FOR THE DOMESTIC WELL MITIGATION PROGRAM
D-2 First Amendment to the City Manager At-Will Employment Agreement Recommendation: This report has been prepared at the direction of the City Council (Council), therefore there is no staff recommendation provided. Council is asked to consider and determine whether to adopt the Resolution approving a First Amendment (Amendment) to the City Manager At-Will Employment Agreement (Agreement) (Report by Wendy Silva)

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-2 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

RES 26-09 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING

A FIRST AMENDMENT TO THE CITY MANAGER AT-WILL EMPLOYMENT

AGREEMENT
D-3 Consultant Services Agreement with Westwood Professional Services, Inc., for Sunset Park Design and Engineering Services
Recommendation: Adopt Resolutions:

1. Adopt a Resolution awarding a Consultant Services Agreement with Westwood Professional Services, Inc. under Request for
Qualifications 202425-29 Sunset Park Design & Engineering Services for $174,405

2. Amending the Fiscal Year 2025/26 Budget, approving related expenditure line items for the execution of the Consultant Services Agreement with Westwood Professional Services, Inc. (Report by Joseph Hebert)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-3 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

RES 26-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING RESOLUTION AWARDING A CONSULTANT
City of Madera City Council Minutes
205 W. 4th Street February 4, 2026
Madera, CA 93637 Page 7 of 8
SERVICES AGREEMENT WITH WESTWOOD PROFESSIONAL SERVICES, INC.

UNDER REQUEST FOR QUALIFICATIONS 202425-29 SUNSET PARK DESIGN & ENGINEERING SERVICES FOR $174,405
RES 26-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING THE FISCAL YEAR 2025/26 BUDGET, APPROVING

RELATED EXPENDITURE LINE ITEMS FOR THE EXECUTION OF THE

CONSULTANT SERVICES AGREEMENT WITH WESTWOOD PROFESSIONAL SERVICES, INC.

E. ADMINISTRATIVE REPORTS:

E-1 City Contribution towards the Madera County Economic Development Commission (EDC) for Fiscal Year (FY) 2026/27 in the amount of $194,268.22
Recommendation: The EDC recommends the City Council (Council) Adopt a Minute Order Approving the 2026/27 Basic Service Level Budget as Submitted (Report by Kristina Gallagher, Madera County EDC)

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER MONTES, ITEM E-1 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

E-2 Selecting Recipient for February Proclamation
Recommendation: Request for Council’s Selection of a Recipient for the Proclamation Recognizing Black History Month (Report by Alicia Gonzales)

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM E-1 SELECTING THE MITCHELL SISTERS AS THE RECIPIENTS OF THE BLACK HISTORY MONTH PROCLAMATION WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items, and (iv) to take action on matters initiated under this section of the agenda.

Councilmember Mejia requested an update on how the City is supporting the downtown businesses during the construction occurring there.

Councilmember Rodriguez requested an update on the semi-completed Town & Country Park trail. He wants to know if there will be a ceremonial event once it has been completed. He would also like to know how the City is approaching employee remote work. Councilmember Rodriguez welcomed David Brltec (Planning Manager) and Harpiar Gandhi (Public Works Director). He acknowledged a gentleman, the only member of the public who stayed for the whole meeting.

Councilmember Villegas mentioned that hopefully, the toddler park construction will be completed by end of year.

Councilmember Montes welcomed David Brltec (Planning Manager) and Harpiar Gandhi (Public Works Director).

Mayor Pro Tem Zacharia requested that the 4th of July event be added to the agenda with a staff report, so they can start discussing that event.

City of Madera City Council Minutes
205 W. 4th Street February 4, 2026
Madera, CA 93637 Page 8 of 8
Councilmember Evans attended the League of California Cities conference. She recognized Lucile Murphy who passed away on January 21st at 106 years old. Her service was this past Saturday. Councilmember Evans stated that she and Councilmember Rodriguez presented a proclamation at MLK Middle School during their MLK event. Councilmember Evans recognized the Parks Department for their maintenance work at Pan Am Park. The park’s appearance has greatly improved. She invited everyone to the Black History Month celebration on February 15th at Pan Am at 3:00 p.m. They will be honoring the Mitchell sisters, and 12-year-old Safari Williams will be reciting an original poem.

Mayor Gallegos mentioned that Mark Nakata, a champion for water, passed away on Monday.

She sends prayers to the family. She recognized the new Police Department employees, as well as the two lifesaving officers at two events. She asked staff to explore adding a color palette for business buildings and implementation of an incentive for current buildings not in an approved color palette. She would like the changes reflected in an ordinance. Mayor Gallegos welcomed David Brltec (Planning Manager) and Harpiar Gandhi (Public Works Director).

G. CLOSED SESSION: None
FUTURE MEETING DATES:
 Wednesday, February 18, 2026
 Wednesday, March 4, 2026
ADJOURNMENT: Meeting was adjourned at 8:21 p.m.
_____________________________________ ___________________________________ ALICIA GONZALES, City Clerk CECELIA K. GALLEGOS, Mayor
_____________________________________

MINUTES PREPARED BY
ZELDA LEÓN, Deputy City Clerk

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Adoption of updated City of Madera Full Time Salary Schedule RECOMMENDATION:

Adopt a resolution approving a revised City of Madera Full Time Salary Schedule effective January 24, 2026
SUMMARY:

The City is required by Government Code Sections 36506 and 37206 and the California Code of Regulations, title 2, §570.5 to publicly adopt its pay schedule. While the City publicly adopts individual actions such as agreements with labor units and employees or classification plan amendments, the City also publicly adopts a consolidated schedule for all full time positions that is posted to the City’s website. The requested action is to adopt the City of Madera Full Time Salary Schedule effective January 24, 2026, reflecting a 3% Cost-of-Living Adjustment (COLA) for the position of City Manager consistent with the recently adopted amendment to the City Manager At-Will Employment Agreement.

DISCUSSION:

California Government Code §36506 and §37206 and California Code of Regulations, title 2, §570.5 require the City to publicly adopt its pay schedule. While the schedules are provided in individual Memorandums of Understanding (MOUs) or resolutions, the City typically adopts a consolidated schedule for all full time positions that is published on the City’s website and provided to the California Public Employees’ Retirement System (CalPERS) to ensure compliance with the above-noted code sections. As such, staff has prepared an update to the consolidated City of Madera Full Time Salary Schedule to include a 3% COLA for the City Manager position that was provided in the 1
st Amendment to the City Manager At-Will Employment Agreement approved at the February 4, 2026, City Council meeting. This is the only change on the consolidated schedule since the last iteration.

Council Meeting of: February 18, 2026
Agenda Number: _________
B-2

RETURN TO AGENDA
FINANCIAL IMPACT:

The requested action is to adopt a consolidated public pay schedule; no new pay adjustments or increases are being requested besides those authorized by separate Council action.

ALTERNATIVES:

Council may direct staff to modify the City’s salary schedules.

ATTACHMENTS:

1. Resolution adopting City of Madera Full Time Salary Scheduled a. Exhibit A: City of Madera Full Time Salary Schedule effective 1/24/2026 Resolution No.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA ADOPTING

THE CITY OF MADERA FULL TIME SALARY SCHEDULE EFFECTIVE
JANUARY 24, 2026
WHEREAS, the City Council has negotiated and approved a 1st Amendment to the City Manager At-Will Employment Agreement that includes a 3% cost-of-living adjustment effective January 24, 2026; and
WHEREAS, the City has prepared consolidated Full Time Salary Schedules that capture these changes to comply with California Government Code §36506 and §37206 and California Code of Regulations, title 2, §570.5, to be published on its website.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, and orders as follows:

1. The above recitals are true and correct.

2. Effective January 24, 2026, the City of Madera Full Time Salary Schedule attached as Exhibit A and incorporated herein is approved.

3. This resolution is effective immediately upon adoption. * * * * * * * * * * * * * *
Exhibit A
City of Madera Full Time Salary Schedule effective January 24, 2026 City of Madera Full Time Salary Schedule
Effective 1/24/2026

A B C D E F
City Clerk EXE 419 $3,019.12 $3,170.57 $3,328.71 $3,495.20 $3,670.05 $3,853.80 City Manager EXE 587 $6,839.79 $7,181.95 $7,541.02 $7,918.09 $8,313.73 $8,729.55 Accountant (Junior) GBU 282 $1,617.91 $1,698.86 $1,783.96 $1,873.18 $1,966.55 $2,065.23 Accounting Technician I GBU 263 $1,471.96 $1,545.23 $1,622.64 $1,703.59 $1,788.68 $1,878.50 Accounting Technician II GBU 283 $1,626.18 $1,707.14 $1,792.82 $1,882.64 $1,976.59 $2,075.27 Accounting Technician III GBU 300 $1,769.77 $1,858.41 $1,951.18 $2,048.68 $2,151.50 $2,259.05 Administrative Assistant GBU 303 $1,796.36 $1,886.18 $1,980.73 $2,080.00 $2,184.00 $2,292.73 Animal Control Officer GBU 290 $1,684.09 $1,768.00 $1,856.64 $1,949.41 $2,046.91 $2,149.14 Assistant Planner GBU 352 $2,293.91 $2,408.55 $2,529.09 $2,655.55 $2,788.50 $2,927.96 Building Permit Technician GBU 288 $1,666.96 $1,750.27 $1,837.73 $1,929.91 $2,026.23 $2,127.86 Code Enforcement Officer I GBU 310 $1,860.18 $1,953.55 $2,051.05 $2,153.87 $2,261.41 $2,374.27 Code Enforcement Officer II GBU 330 $2,055.78 $2,158.59 $2,266.14 $2,379.59 $2,498.37 $2,623.64 Code Enforcement Officer III GBU 350 $2,271.46 $2,384.91 $2,504.27 $2,628.96 $2,760.73 $2,898.41 Combination Building Inspector GBU 348 $2,248.41 $2,361.27 $2,478.87 $2,602.96 $2,733.55 $2,870.05 Computer Technician I GBU 344 $2,204.09 $2,314.59 $2,430.41 $2,551.55 $2,679.18 $2,813.32 Computer Technician II GBU 375 $2,572.82 $2,701.64 $2,836.37 $2,978.18 $3,127.09 $3,283.68 Construction Inspector I GBU 322 $1,975.41 $2,074.09 $2,177.50 $2,286.23 $2,400.86 $2,520.82 Construction Inspector II GBU 342 $2,182.23 $2,291.55 $2,406.18 $2,526.14 $2,652.59 $2,785.55 Deputy City Clerk GBU 311 $1,869.64 $1,963.00 $2,061.09 $2,164.50 $2,272.64 $2,386.09 Electrician II GBU 361 $2,399.09 $2,519.05 $2,645.50 $2,777.27 $2,916.14 $3,062.09 Electrician III GBU 381 $2,650.82 $2,783.78 $2,931.50 $3,068.59 $3,222.23 $3,383.55 Engineering Technician I GBU 302 $1,787.50 $1,877.32 $1,970.68 $2,069.37 $2,172.77 $2,281.50 Engineering Technician II GBU 322 $1,975.41 $2,074.09 $2,177.50 $2,286.23 $2,400.86 $2,520.82 Engineering Technician III GBU 350 $2,271.46 $2,384.91 $2,504.27 $2,628.96 $2,760.73 $2,898.41 Facilities Maintenance Technician GBU 289 $1,675.23 $1,759.14 $1,847.18 $1,939.36 $2,036.27 $2,138.50 Grants Specialist GBU 299 $1,760.91 $1,848.96 $1,941.73 $2,038.64 $2,140.87 $2,247.82 Industrial Electrical Technician GBU 381 $2,650.82 $2,783.78 $2,931.50 $3,068.59 $3,222.23 $3,383.55 Lead Electrician GBU 401 $2,929.14 $3,075.68 $3,229.32 $3,390.64 $3,560.23 $3,738.09 Maintenance Technician GBU 308 $1,841.87 $1,934.05 $2,030.96 $2,132.59 $2,238.96 $2,350.64 Mechanic I GBU 286 $1,650.41 $1,733.14 $1,820.00 $1,911.00 $2,006.14 $2,106.59 Mechanic II GBU 301 $1,778.64 $1,867.86 $1,961.23 $2,059.32 $2,162.14 $2,270.27 Job Title B/U Range
Bi-Weekly Pay Rate
Adopted 2/18/2026 Page 1 of 5
City of Madera Full Time Salary Schedule
Effective 1/24/2026
Job Title B/U Range A B C D E F
Bi-Weekly Pay Rate
Mechanic III GBU 321 $1,965.36 $2,063.46 $2,166.86 $2,275.00 $2,389.05 $2,508.41 Neighborhood Outreach Assistant GBU 276 $1,570.05 $1,648.64 $1,731.36 $1,817.64 $1,908.64 $2,004.36 Neighborhood Outreach Coordinator GBU 306 $1,823.55 $1,915.14 $2,010.86 $2,111.32 $2,216.50 $2,327.59 Office Assistant I GBU 263 $1,471.96 $1,545.23 $1,622.64 $1,703.59 $1,788.68 $1,878.50 Office Assistant II GBU 283 $1,626.18 $1,707.14 $1,792.82 $1,882.64 $1,976.59 $2,075.27 Parks Leadworker GBU 323 $1,984.87 $2,084.14 $2,188.73 $2,298.05 $2,412.68 $2,533.23 Parks Worker I GBU 263 $1,471.96 $1,545.23 $1,622.64 $1,703.59 $1,788.68 $1,878.50 Parks Worker II GBU 283 $1,626.18 $1,707.14 $1,792.82 $1,882.64 $1,976.59 $2,075.27 Parks Worker III GBU 303 $1,796.36 $1,886.18 $1,980.73 $2,080.00 $2,184.00 $2,292.73 Payroll Specialist GBU 316 $1,916.91 $2,012.64 $2,113.68 $2,218.86 $2,329.96 $2,446.36 Plans Examiner GBU 360 $2,387.27 $2,506.64 $2,631.91 $2,763.68 $2,901.96 $3,046.73 Public Works Equipment Operator GBU 303 $1,796.36 $1,886.18 $1,980.73 $2,080.00 $2,184.00 $2,292.73 Public Works Maintenance Lead Worker GBU 323 $1,984.87 $2,084.14 $2,188.73 $2,298.05 $2,412.68 $2,533.23 Public Works Maintenance Worker I GBU 263 $1,471.96 $1,545.23 $1,622.64 $1,703.59 $1,788.68 $1,878.50 Public Works Maintenance Worker II GBU 283 $1,626.18 $1,707.14 $1,792.82 $1,882.64 $1,976.59 $2,075.27 Purchasing Assistant GBU 280 $1,601.96 $1,681.73 $1,766.23 $1,854.27 $1,947.05 $2,044.55 Recreation/Community Programs Coordinator GBU 313 $1,888.55 $1,983.09 $2,081.77 $2,186.36 $2,295.68 $2,410.32 Solid Waste/Recycling Assistant GBU 283 $1,626.18 $1,707.14 $1,792.82 $1,882.64 $1,976.59 $2,075.27 Solid Waste/Recycling Coordinator GBU 313 $1,888.55 $1,983.09 $2,081.77 $2,186.36 $2,295.68 $2,410.32 Water Conservation Customer Service Representative GBU 263 $1,471.96 $1,545.23 $1,622.64 $1,703.59 $1,788.68 $1,878.50 Water Conservation Specialist GBU 283 $1,626.18 $1,707.14 $1,792.82 $1,882.64 $1,976.59 $2,075.27 Water Quality Specialist I GBU 320 $1,955.32 $2,053.41 $2,156.23 $2,263.77 $2,377.23 $2,496.00 Water Quality Specialist II GBU 340 $2,160.96 $2,268.50 $2,381.96 $2,501.32 $2,626.59 $2,757.77 Water Quality Specialist In Training GBU 293 $1,708.91 $1,794.59 $1,884.41 $1,978.36 $2,077.64 $2,181.64 Water System Lead Worker GBU 365 $2,447.55 $2,569.87 $2,698.68 $2,833.41 $2,975.23 $3,124.14 Water System Technician GBU 350 $2,271.46 $2,384.91 $2,504.27 $2,628.96 $2,760.73 $2,898.41 Water System Worker I GBU 293 $1,708.91 $1,794.59 $1,884.41 $1,978.36 $2,077.64 $2,181.64 Water System Worker II GBU 320 $1,955.32 $2,053.41 $2,156.23 $2,263.77 $2,377.23 $2,496.00 Water System Worker III GBU 340 $2,160.96 $2,268.50 $2,381.96 $2,501.32 $2,626.59 $2,757.77 WW Lab Analyst/Environmental Compliance Inspector I GBU 345 $2,215.32 $2,325.82 $2,442.23 $2,564.55 $2,692.77 $2,827.50 WW Lab Analyst/Environmental Compliance Inspector II GBU 365 $2,447.55 $2,569.87 $2,698.68 $2,833.41 $2,975.23 $3,124.14 Adopted 2/18/2026 Page 2 of 5
City of Madera Full Time Salary Schedule
Effective 1/24/2026
Job Title B/U Range A B C D E F
Bi-Weekly Pay Rate
WWTP Lead Operator GBU 383 $2,677.41 $2,811.55 $2,952.18 $3,099.32 $3,254.73 $3,417.23 WWTP Mechanic GBU 375 $2,572.82 $2,701.64 $2,836.37 $2,978.18 $3,127.09 $3,283.68 WWTP Operator I GBU 322 $1,975.41 $2,074.09 $2,177.50 $2,286.23 $2,400.86 $2,520.82 WWTP Operator II GBU 344 $2,204.09 $2,314.59 $2,430.41 $2,551.55 $2,679.18 $2,813.32 WWTP Operator III GBU 364 $2,435.73 $2,557.46 $2,685.09 $2,819.23 $2,960.46 $3,108.18 WWTP Operator In Training GBU 301 $1,778.64 $1,867.86 $1,961.23 $2,059.32 $2,162.14 $2,270.27 Executive Secretary to the Chief of Police LEMM 330 $2,055.78 $2,158.59 $2,266.14 $2,379.59 $2,498.37 $2,623.64 Police Auxiliary Services Supervisor LEMM 350 $2,271.46 $2,384.91 $2,504.27 $2,628.96 $2,760.73 $2,898.41 Police Commander LEMM 504 $4,895.68 $5,140.91 $5,397.96 $5,667.41 $5,951.05 $6,248.28 Police Lieutenant LEMM 487 $4,498.00 $4,722.55 $4,958.91 $5,207.09 $5,467.09 $5,740.69 Police Office Supervisor LEMM 350 $2,271.46 $2,384.91 $2,504.27 $2,628.96 $2,760.73 $2,898.41 Chief Building Official M 464 $3,931.87 $4,128.26 $4,334.49 $4,551.74 $4,778.84 $5,018.10 City Engineer M 525 $5,329.77 $5,596.26 $5,876.07 $6,169.79 $6,478.57 $6,802.41 Communications Manager M 456 $3,777.77 $3,966.62 $4,165.33 $4,373.31 $4,592.29 $4,821.71 Director of Community Development M 535 $5,602.63 $5,882.45 $6,176.74 $6,485.52 $6,809.94 $7,150.58 Director of Financial Services M 525 $5,329.77 $5,596.26 $5,876.07 $6,169.79 $6,478.57 $6,802.41 Director of Human Resources M 513 $5,020.41 $5,271.26 $5,534.85 $5,811.77 $6,102.01 $6,407.31 Director of Information Technology M 500 $4,705.26 $4,940.47 $5,187.26 $5,446.79 $5,719.08 $6,005.26 Director of Parks & Community Services M 509 $4,921.35 $5,166.98 $5,425.36 $5,696.48 $5,981.51 $6,280.44 Planning Manager M 500 $4,705.26 $4,940.47 $5,187.26 $5,446.79 $5,719.08 $6,005.26 Police Chief M 554 $6,159.36 $6,467.56 $6,790.82 $7,130.31 $7,486.59 $7,860.83 Public Works Operations Director M 508 $4,896.44 $5,141.49 $5,398.71 $5,668.68 $5,951.96 $6,249.16 Accountant I MM 322 $1,975.41 $2,074.09 $2,177.50 $2,286.23 $2,400.86 $2,520.82 Accountant II MM 362 $2,411.50 $2,532.05 $2,658.50 $2,791.46 $2,930.91 $3,077.46 Administrative Analyst I MM 358 $2,363.64 $2,481.82 $2,605.91 $2,736.50 $2,873.00 $3,016.59 Administrative Analyst II MM 386 $2,718.18 $2,854.09 $2,996.50 $3,146.59 $3,303.77 $3,468.64 Assistant Engineer MM 392 $2,800.32 $2,940.37 $3,087.50 $3,241.73 $3,404.23 $3,574.41 Associate Civil Engineer MM 445 $3,647.68 $3,830.28 $4,021.73 $4,222.64 $4,434.18 $4,655.78 Associate Planner MM 368 $2,484.77 $2,608.86 $2,739.46 $2,875.96 $3,020.14 $3,170.82 Code Enforcement Supervisor MM 380 $2,637.82 $2,769.59 $2,907.87 $3,053.82 $3,206.28 $3,366.41 Communications Specialist MM 358 $2,363.64 $2,481.82 $2,605.91 $2,736.50 $2,873.00 $3,016.59 Adopted 2/18/2026 Page 3 of 5
City of Madera Full Time Salary Schedule
Effective 1/24/2026
Job Title B/U Range A B C D E F
Bi-Weekly Pay Rate
Construction Inspection Supervisor MM 400 $2,914.37 $3,060.32 $3,213.37 $3,374.09 $3,542.50 $3,719.77 Deputy City Engineer MM 495 $4,681.19 $4,915.18 $5,161.00 $5,418.64 $5,689.87 $5,974.09 Electrical and Facilities Operations Manager MM 421 $3,236.41 $3,398.32 $3,567.91 $3,746.37 $3,933.68 $4,130.46 Engineering Project Manager MM 419 $3,203.91 $3,364.64 $3,532.46 $3,709.14 $3,894.68 $4,089.68 Executive Secretary MM 330 $2,055.78 $2,158.59 $2,266.14 $2,379.59 $2,498.37 $2,623.64 Executive Secretary to City Administrator MM 330 $2,055.78 $2,158.59 $2,266.14 $2,379.59 $2,498.37 $2,623.64 Financial Services Manager MM 446 $3,666.00 $3,849.18 $4,041.82 $4,243.91 $4,456.05 $4,678.82 Fleet Operations Manager MM 404 $2,973.46 $3,121.78 $3,277.77 $3,442.05 $3,614.00 $3,794.82 Grant Administrator MM 446 $3,666.00 $3,849.18 $4,041.82 $4,243.91 $4,456.05 $4,678.82 Grant Analyst MM 358 $2,363.64 $2,481.82 $2,605.91 $2,736.50 $2,873.00 $3,016.59 Human Resources Technician MM 290 $1,684.09 $1,768.00 $1,856.64 $1,949.41 $2,046.91 $2,149.14 Human Resources Technician II MM 310 $1,860.18 $1,953.55 $2,051.05 $2,153.87 $2,261.41 $2,374.27 Network Administrator MM 389 $2,758.96 $2,896.64 $3,041.41 $3,193.87 $3,353.41 $3,521.23 Park Project Manager MM 426 $3,317.96 $3,484.00 $3,658.32 $3,840.91 $4,032.96 $4,234.46 Parks Manager MM 385 $2,704.59 $2,839.32 $2,981.73 $3,130.64 $3,287.23 $3,451.50 Parks Supervisor MM 350 $2,271.46 $2,384.91 $2,504.27 $2,628.96 $2,760.73 $2,898.41 Procurement Services Manager MM 358 $2,363.64 $2,481.82 $2,605.91 $2,736.50 $2,873.00 $3,016.59 Program Manager-Grants MM 366 $2,459.96 $2,582.87 $2,712.27 $2,847.59 $2,990.00 $3,139.50 Recreation/Community Programs Manager MM 390 $2,772.55 $2,911.41 $3,056.77 $3,209.82 $3,369.96 $3,538.96 Recreation/Community Programs Supervisor MM 353 $2,305.73 $2,420.96 $2,541.50 $2,668.55 $2,802.09 $2,942.14 Redevelopment Agency Secretary MM 342 $2,182.23 $2,291.55 $2,406.18 $2,526.14 $2,652.59 $2,785.55 Redevelopment Manager MM 427 $3,334.50 $3,501.14 $3,676.64 $3,860.41 $4,053.05 $4,255.73 Safety Officer MM 358 $2,363.64 $2,481.82 $2,605.91 $2,736.50 $2,873.00 $3,016.59 Senior Civil Engineer MM 475 $4,236.82 $4,448.37 $4,670.55 $4,904.55 $5,149.78 $5,406.82 Senior Planner MM 429 $3,368.18 $3,536.59 $3,713.28 $3,898.82 $4,093.82 $4,298.28 Solid Waste Manager MM 353 $2,305.73 $2,420.96 $2,541.50 $2,668.55 $2,802.09 $2,942.14 Streets & Storm Drainage Ops. Manager MM 385 $2,704.59 $2,839.32 $2,981.73 $3,130.64 $3,287.23 $3,451.50 Streets & Storm Drainage Supervisor MM 350 $2,271.46 $2,384.91 $2,504.27 $2,628.96 $2,760.73 $2,898.41 Tyler Munis Implementation Project Manager MM 408 $3,033.14 $3,185.00 $3,343.96 $3,511.18 $3,686.68 $3,871.05 Utility Billing Supervisor MM 334 $2,097.14 $2,201.73 $2,312.23 $2,427.46 $2,549.18 $2,676.23 Waste Water Treatment Plant Manager MM 459 $3,911.82 $4,107.41 $4,312.46 $4,528.14 $4,754.46 $4,992.59 Adopted 2/18/2026 Page 4 of 5
City of Madera Full Time Salary Schedule
Effective 1/24/2026
Job Title B/U Range A B C D E F
Bi-Weekly Pay Rate
Wastewater Collection System Supervisor MM 346 $2,226.55 $2,337.64 $2,454.64 $2,577.55 $2,706.36 $2,841.68 Water & Sewer Operations Manager MM 423 $3,268.91 $3,432.00 $3,603.96 $3,784.18 $3,973.28 $4,171.82 Water Meter & Conservation Supervisor MM 340 $2,160.96 $2,268.50 $2,381.96 $2,501.32 $2,626.59 $2,757.77 Water System Supervisor MM 385 $2,704.59 $2,839.32 $2,981.73 $3,130.64 $3,287.23 $3,451.50 Crime Analysis Technician MPOA 306 $1,823.55 $1,915.14 $2,010.86 $2,111.32 $2,216.50 $2,327.59 Police Corporal MPOA 383 $2,677.41 $2,811.55 $2,952.18 $3,099.32 $3,254.73 $3,417.23 Police Officer I MPOA 363 $2,423.32 $2,544.46 $2,671.50 $2,805.05 $2,945.68 $3,092.82 Police Officer II MPOA 373 $2,547.41 $2,674.46 $2,808.59 $2,948.64 $3,096.37 $3,251.18 Police Officer Trainee MPOA 333 $2,086.50 $2,191.09 $2,300.41 $2,415.64 $2,536.18 $2,663.23 Police Sergeant MPOA 426 $3,317.96 $3,484.00 $3,658.32 $3,840.91 $4,032.96 $4,234.46 Property & Evidence Officer MPOA 296 $1,734.91 $1,821.77 $1,912.77 $2,008.50 $2,108.96 $2,214.14 Public Safety Dispatcher MPOA 294 $1,717.77 $1,803.46 $1,893.86 $1,988.41 $2,087.68 $2,192.27 Records Clerk MPOA 270 $1,523.96 $1,600.18 $1,679.95 $1,764.46 $1,852.50 $1,945.27 Adopted 2/18/2026 Page 5 of 5

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Temporary overfill of Mechanic budgeted positions
RECOMMENDATION:

Adopt a resolution approving a temporary overfill for the Mechanic classification due to specialized training requirements
SUMMARY:

The adopted Fiscal Year (FY) operating budget includes both appropriated funds and position count authorizations. The FY 2025/26 Adopted Budget includes approval for five (5) full-time Mechanic positions in the Fleet Services Division. The City has received notice that the Mechanic currently trained on and dedicated to police vehicles will be retiring in August 2026. Staff is seeking approval to temporarily overfill the Mechanic position count by one (1) full-time employee to facilitate training and knowledge transfer. The requested action will require a budget amendment, with funds appropriated from the Equipment Maintenance Fund’s unobligated fund balance.

DISCUSSION:

The City’s adopted FY 2025/26 operating budget includes five (5) full-time Mechanics who provide vehicle maintenance and upfit services for City vehicles. There are two (2) Mechanics who service non-police fleet vehicles, one (1) Mechanic whose focus is police vehicles, and two (2) Mechanics dedicated to transit vehicles. At this time, the City has received notice that the Mechanic who specializes in police vehicles will be retiring in August 2026. Police vehicles include equipment and upfit requirements unique to public safety. To ensure a smooth knowledge transfer and transition in staff and mitigate the potential for extended downtime of public safety vehicles during the transition, the department would like to begin recruiting for a new Mechanic with an anticipated hire date of May 2026.

Council Meeting of: February 18, 2026
Agenda Number: _________ B-3

RETURN TO AGENDA
FINANCIAL IMPACT:

The City’s adopted budget includes appropriations for existing staff. The requested action will require a budget amendment for two (2) months of pay and one (1) month of health benefits to proceed with the temporary overfill. The total anticipated cost for a Mechanic I for the desired time period in FY 2025/26 is $10,575. There are sufficient funds available in the Equipment Maintenance Fund’s unobligated fund balance to cover this propose expenditure. Staff has included a budget amendment in this agenda item to appropriate the monies into the correct expensing orgs.

In addition to current FY expenses, the requested action will also incur two (2) months’ salary and benefits in FY 2026/27. If approved, staff will include the necessary funds when the budget is presented for consideration.

ALTERNATIVES:

Council could direct staff to shorten or lengthen the duration of the Mechanic position overfill.

ATTACHMENTS:

1. Resolution
Exhibit A. Budget Amendment
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING A TEMPORARY OVERFILL OF THE MECHANIC BUDGETED POSITIONS AND AMENDING THE FISCAL YEAR 2025/26 OPERATING BUDGET
WHEREAS, the City of Madera (City) provides fleet services with five (5) full-time Mechanic positions approved in the Fiscal Year 2025-26 budget; and WHEREAS, at this time, due to the planned retirement of the Mechanic with specialized knowledge in police vehicle upfit and maintenance, the City desires to overfill the Mechanic position by one (1) employee with an anticipated hire date in May 2026, specific date to be determined, to allow for training and knowledge transfer and mitigate extended equipment downtime during the transition; and
WHEREAS, this temporary overfill will cease when the full-time employee count returns to five (5) through attrition unless otherwise directed by the City Council.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, and orders as follows:

1. The above recitals are true and correct.

2. The City Manager is authorized to overfill the Mechanic positions with a total fulltime employee count of six (6) effective May 1, 2026, or after, until such time that the employee count returns to five (5) through attrition unless otherwise directed by the City Council.

3. The Fiscal Year 2025/26 operating budget is amended as shown in Exhibit A, attached hereto and incorporated herein.

4. A signed copy of this Resolution shall be placed on file in the office of the Director of Financial Services, who shall prepare the entries necessary to reflect budget changes identified in the City’s accounting system.

5. This resolution is effective immediately upon adoption. ********************

ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)
Equipment Maint.
30700000 4900 Budgetary Carryover $ 10,575
30701240 5000 Salaries/Full-Time $ 7,492
30701240 5305 Medicare Tax - Employer's Share 109
30701240 5308 Deferred Compensation/Full-Time 315
30701240 5309 Unemployment Insurance 255
30701240 5300 Public Employees Retirement 783
30701240 5303 Life Insurance Premiums 8
30701240 5302 Long Term Disability Insurance 27
30701240 5301 Health Insurance Benefits 1,058
30701260 5000 Salaries/Full-Time 394
30701260 5305 Medicare Tax - Employer's Share 6
30701260 5308 Deferred Compensation/Full-Time 17
30701260 5309 Unemployment Insurance 13
30701260 5300 Public Employees Retirement 41
30701260 5303 Life Insurance Premiums 1
30701260 5302 Long Term Disability Insurance 1
30701260 5301 Health Insurance Benefits 55
$ 10,575 $ 10,575

EXHIBIT A

CITY OF MADERA
Budget Appropriations: Res. 26-______
Budget Adjustments for Fiscal Year 2025/26
1 REPORT TO CITY COUNCIL
Approved by:
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Fee waivers for all 2026 City-run baseball programs
RECOMMENDATION:

Adopt a Resolution waiving the registration for City-run T-ball and Coach Pitch Leagues for 2026
SUMMARY:

Staff is requesting City Council (Council) approval to waive all applicable fees associated with Cityrun youth baseball programs for the upcoming season. This request applies to the T-Ball League for ages 3–4 and the Coach Pitch League for ages 5–7.

Waiving program fees will reduce financial barriers for families, increase participation, and support the City’s goal of providing accessible recreational opportunities for youth.

DISCUSSION:

The City has offered recreational baseball for children ages 3 to 7 for many years. Baseball has long been a staple in the community; however, recent seasons have seen a decline in participation within this age group. While the program served 370 participants in 2023, enrollment declined significantly to 211 participants in 2024 and continued to drop to 193 participants in 2025.

This downward trend highlights the need to explore strategies that reduce barriers to participation and re-engage families in youth sports programming. In an effort to increase enrollment, the City previously reduced registration fees from $65 to $55, consistent with the adopted Master Fee Schedule. To further address declining participation and reduce barriers to Council Meeting of: February 18, 2026
Agenda Number: ________ B-4

RETURN TO AGENDA
entry, staff is proposing to eliminate registration fees entirely for City-run baseball programs for ages 3 to 7.

This initiative would help alleviate financial burdens on families while providing young players the opportunity to experience the sport, build foundational skills, and encourage long-term participation in baseball.

The City’s youth baseball league operates from April through June at Lions Town and Country Park. Each team is scheduled designated field time for both practices and games, with teams practicing once per week. Games are held on Saturday mornings, creating a family-friendly environment where parents, siblings, and community members gather to support the players.

FINANCIAL IMPACT:

Waiving participant fees for City-run youth baseball leagues will result in a reduction in revenue.

However, this impact is expected to be offset by significant community benefits, including increased youth participation, improved access to recreational programming for the community, and greater use of City parks and facilities. Removing financial barriers encourages more families to engage in City programs, supports youth physical activity and health, and strengthens overall community involvement in parks and recreation services.

Table 1: Youth Baseball Revenue by Year
Year Breakdown Fees Collected
2023 370 players x $60 per player $22,200
2024 211 players x $60 per player $12,660
2025 193 players x $55 per player $10,615
Table 2: Youth Baseball Expenses Yearly (Estimated)
Direct player cost (hat & shirt) $16.50/player
Team equipment (bases, tees, balls, bags) $1,000
Safety equipment (helmets, first aid, staff supplies) $1,000 ALTERNATIVES:

The Council may ask staff to bring back additional information for consideration at the next available meeting.

Council may also reject the registration waiver for the City-run T-ball and Coach Pitch Leagues season 2026, and require all participants to remit any associated fees.

ATTACHMENTS:

1. Resolution – Waiving the registration fees for City-run T-ball and Coach Pitch Leagues for 2026
RESOLUTION NO. 26-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, AUTHORIZING THE WAIVER OF REGISTRATION FEES CITYRUN T-BALL AND COACH PITCH LEAGUES FOR 2026 WHEREAS, the City currently offers fee-based T-ball and Coach Pitch baseball leagues for the youth of the community; and
WHEREAS, the registration fees for T-ball and Coach Pitch baseball are based on the City of Madera Master Fee Schedule; and
WHEREAS, staff are proposing to waive registration fees for 2026 related to the T-ball and Coach Pitch leagues; and
WHEREAS, the registration fees can act as a financial barrier, preventing many families from enrolling their children in recreational sports programs; and WHEREAS, the City desires to maximize participation in its youth baseball leagues by eliminating these financial hurdles; and
WHEREAS, the proposed fee structure will reduce the cost per player from $65.00 to a zero-fee for 2026.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:

1. The foregoing recitals are true and correct and incorporated herein by reference.

2. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that the City would like to eliminate financial barriers to youth in the community and thus provide more accessibility to recreation-based baseball programming for the whole community.

3. The City Council does hereby waive the City fees for T-ball and Coach Pitch for the 2026 leagues.

4. This resolution is effective immediately upon adoption. * * * * * *

REPORT TO CITY COUNCIL
Approved by:
________________________________
Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Certificate of Recognition Honoring Linda Garner
RECOMMENDATION:

Adopt a Minute Order approving a Certificate of Recognition honoring Linda Garner founder of Doors of Hope
SUMMARY:

On August 2, 2023, the City Council adopted a policy governing the issuance of ceremonial documents, including certificates of recognition. The policy ensures a transparent and systematic process, requiring requests to be submitted in writing at least 45 days prior to the requested presentation date.

In this context, Margaret McGuire, Director of Doors of Hope Parenting & Pregnancy Center, submitted a written request on January 26, 2026, for a Certificate of Recognition honoring Linda Garner for establishing Doors of Hope in Madera.

Doors of Hope was established in May 2003 in response to the relatively high teen pregnancy rates in Madera County. The organization provides free parenting and pregnancy support services, including prenatal and post-natal classes, parenting education, life-skills programs, counseling, and material assistance such as diapers, formula, clothing, and other infant necessities.

Since its founding, the program has assisted more than 5,000 women, men, and children in the community by providing free services and support.

Council Meeting of: February 18, 2026
Agenda Number: ___B-5 ______ _

RETURN TO AGENDA
Linda Garner, founder of Doors of Hope, passed away on June 7, 2025. The requested certificate would be presented at an upcoming City Council meeting, with a commemorative event planned for May 2026 to mark the anniversary of the founding of Doors of Hope.

Per the Ceremonial Documents policy, signatures shall be reserved for Councilmembers who vote in the affirmative. For Councilmembers that vote in the negative, their signature block shall be omitted from the ceremonial document unless they notify the City Clerk in writing otherwise at least five business days prior to the meeting when the Proclamation will be issued.

FINANCIAL IMPACT:

There were nominal expenses for the preparation of this report or the proclamation. Costs related to custom supplies such as proclamations, certificates, frames, and folders have been purchased, and funds were appropriated in the adopted budget.

ALTERNATIVES:

If approved by a majority vote, staff will prepare the Certificate of Recognition for presentation at the April 15th City Council meeting and during the commemorative event in May 2026. In the alternative, Council may:
 Deferral for Further Discussion: Council may opt to defer the decision for further discussion, allowing additional time to address specific concerns or gather more information.
 Denial of Certificate of Recognition: If the majority vote is not in the affirmative or no action is taken, the request will be considered denied.

ATTACHMENTS:

1. Letter requesting Certificate of Recognition Honoring Linda Garner, founder of Doors of Hope
1201 E. Yosemite Ave. Bldg. E
Madera, CA 93638
559-330-9011
January 26, 2026
Alicia Gonzales
City Clerk
City of Madera
205 West 4th Street
Madera, CA 93637
Request for a Certificate of Recognition

1. Date when the act or accomplishment occurred: Doors of Hope was established in May of 2003.

2. Name of the individual or organization to whom the certificate will be addressed: Linda Garner for establishing Doors of Hope Parenting & Pregnancy Center

3. Purpose or reason for the certificate: To acknowledge and recognize Linda Garner as the founder and person who started Doors of Hope for the town of Madera.

4. Linda Garner founded Doors of Hope because she recognized that back in 2003, Madera County had the third highest rate of teen pregnancies in the state, and she felt the need for something to be done. Being a woman of strong faith, she met with some women, and they ended up starting the paperwork to get Doors of Hope activated. Someone gave her $500 to get started and it took off from there. We are a parenting and pregnancy resource center that is a non-profit organization that serves the community by offering all types of sessions (classes), from prenatal to post-natal care for their children. We offer basic infant care programs, parenting sessions of couples, singles, or blended families. There are also sessions in co-parenting for divorced or separated parents, life skills education, anger management, and marriage as well as ACE overcomers counseling. We also offer spiritual support and being pro-life we provide alternatives to aborting the baby. We also offer an Earn While You Learn (EWYL) program which provides the clients with free diapers every month and other donated items we get from the outside public. Included in our free items we offer are baby food, formula, baby clothes, strollers, car seats, toys, highchairs, playpens, books, and other baby related items. All these services are free.

5. Significance of this program has helped over 5,000 women, men and children of this community since it began. Offering free services eases the financial burdens they face and gives them a place of safety and security to express their concerns.

6. Date of Event would be in May of 2026 to commemorate the anniversary of the beginning of Doors of Hope. I would like to present this before the City Council to get the certificate issued.

Let me know if there is any more information you need.

Margaret McGuire-Director

REPORT TO CITY COUNCIL
Approved by:
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

American Cancer Society Waiver Request for Relay for Life 2026, Heart of California Event RECOMMENDATION:

Adopt a Resolution to waive the rental fees of the Lions Town & Country Park starting on May 1, 2026, and ending on May 3, 2026, related to the Relay for Life 2026 event hosted by the American Cancer Society, at an anticipated rental fee of $1,118.75 SUMMARY:

The City received a request from the American Cancer Society seeking a waiver of rental fees for the use of the Lions Town & Country Park (LT&C) to host the Relay for Life event. The American Cancer Society is requesting access to the park starting on Friday, May 1, 2026, at 7:30 a.m. for setup and ending on Sunday, May 3, 2026, at 11:30 a.m. with cleanup.

DISCUSSION:

The American Cancer Society has submitted a formal request to use LT&C, specifically the walking trail at the park, for Relay for Life 2026.

The American Cancer Society has shared that they are the event organizers. Relay for Life is the largest fundraiser for the American Cancer Society. The event raises funds for cancer research, education, advocacy, and honors those affected by cancer, including caregivers. It is worthwhile to note that the event is volunteer-led, the event takes place across the world, and supports millions of people, per the American Cancer Society.

Locally, in 2025, the Relay for Life event raised over $50,000. The upcoming Relay for Life kicks off officially on Saturday, May 2, 2026, at 9:00 a.m. with an opening ceremony. The event runs Council Meeting of: February 18, 2026
Agenda Number: _____ B-6

RETURN TO AGENDA
for twenty-four hours with themed laps every hour. The event will end at 10:00 a.m. on Sunday, May 3, 2026, with a closing ceremony and a final lap.

There will be food vendors throughout the event. No alcohol will be served or sold.

The American Cancer Society is committed to adhering to all rules and regulations regarding the use of the park and will ensure the area utilized is left in its original condition following the conclusion of the event.

While staff support the request, the American Cancer Society is still required to provide insurance documentation for City facility rentals that meet City requirements.

FINANCIAL IMPACT:

The applicable costs associated with the rental of LT&C, with the spaces as requested, are summarized in Table 1, which would be applicable for this rental. Costs are derived from the City of Madera Master Fee Schedule.

Table 1: Estimated Financial Impact Without Fee Waiver
Administrative Fee $25
Walking Trail – Hourly Rate Friday – Sun $648.75
Redwoods Are – Hourly Rate Friday – Sun $345
Special Event Fee $100
Total $1,118.75
The total applicable cost for LT&C, with dates and times as requested, would be $1,118.75.

ALTERNATIVES:

The Council may elect to reject the fee waiver and require the American Cancer Society to remit any associated fees if it wishes to rent the LT&C for the Relay for Life event.

ATTACHMENTS:

1. Resolution – Waiving the rental fees of the Lions Town & Country Park on May 1, 2026, through May 3, 2026, related to the Relay for Life event hosted by the American Cancer Society, at an anticipated rental fee of $1,118.75

2. Request Letter Authored by Tina Coleman, Senior Development Manager ATTACHMENT 1
Resolution – Waiving the rental fees of the Town & Country Park on May 1, 2026, through May 3, 2026, related to the Relay for Life event hosted by the American Cancer Society, at an anticipated fee rental of $1,118.75
RESOLUTION NO. 26-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA WAIVING THE RENTAL FEES OF THE TOWN & COUNTRY PARK ON MAY 1, 2026, THROUGH MAY 3, 2026, RELATED TO THE RELAY FOR

LIFE EVENT HOSTED BY THE AMERICAN CANCER SOCIETY, AT AN ANTICIPATED FEE RENTAL OF $1,118.75
WHEREAS, the City has received a request for waiving of fees for the rental of the walking trail at the Lions Town & Country Park (LT&C); and
WHEREAS, the request is from the American Cancer Society; and WHEREAS, the American Cancer Society is looking to host the Relay for Life 2026 event; and
WHEREAS, the request is for rental utilization starting on Friday, May 1, 2026, from 7:30 a.m. through Sunday, May 1, 2026, at 11:30 a.m., including setup and cleanup time; and WHEREAS, the estimated fees for the request are calculated based on the City of Madera Master Fee Schedule; and
WHEREAS, the fees for the event are calculated at $1,118.75; and WHEREAS, the American Cancer Society is still subject to providing insurance documentation for City facility rentals that meet City requirements.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:

1. The foregoing recitals are true and correct and incorporated herein by reference.

2. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that the American Cancer Society event unites the community to celebrate cancer survivors, remember loved ones lost to cancer, and raise funds to improve the lives of people with cancer and their families through advocacy, research, and patient support, to ensure everyone has an opportunity to prevent, detect, treat, and survive cancer, which in turn directly benefits the community.

3. The City Council does hereby waive the City fees for Rental Fees of the Lions Town & Country Park on the date and time identified, subject to confirmation of insurance.

4. This resolution is effective immediately upon adoption. * * * * * *
ATTACHMENT 2
Request Letter Authored by Tina Coleman, Senior Development Manager Dear City Council,
Relay for Life of Madera would like to reserve the Lions Town and Country Park and have the fee waived for our event on May 1st – May 3rd, 2026.

Relay For life is the largest fundraiser for the American Cancer Society. It is a community event that raises funds for cancer research, education, advocacy and honors those affected by cancer and their caregivers. It's a volunteer-led event that takes place across the world and supports millions of people. Relay For Life of Madera raised over $50,000 in 2025 and continues to grow in revenue every year.

The American Cancer Society 501c3 letter is also attached for your reference.

If you have any other questions or concerns, please don’t hesitate to reach out to me.

Thank you for your support,
Tina Coleman
Senior Development Manager
515-341-3564
[email protected]

REPORT TO CITY COUNCIL
Approved by:
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Madera County Behavioral Health Services Waiver Request for Underage Drinking Training RECOMMENDATION:

Adopt a Resolution to waive the rental fees of the Frank Bergon Senior Center on February 20, 2026, related to an Underage Drinking Training from the California Highway Patrol, hosted by Madera County Behavioral Health Services, at an anticipated rental fee of $252.50 SUMMARY:

The City received a request from Madera County Behavioral Health Services (BHS) seeking a waiver of rental fees for the use of the Frank Bergon Senior Center (FBSC) to host an Underage Drinking Training from the California Highway Patrol. BHS is requesting access to the FBSC starting on Friday, February 20, 2026, at 4:30 p.m. for setup and ending at 7:00 p.m. with cleanup.

DISCUSSION:

BHS hassubmitted a formal request to utilize the FBSC for training focused on underage drinking.

The training is Underage Drinking - DUI Special Training with California Highway Patrol, targeting the Madera Youth Leaders Chapter (MYL).

BHS oversees MYL, and MYL is heading a campaign project on the importance of prevention of underage drinking. Due to the growing number of youths currently participating in these prevention efforts, BHS reached out to request the rental of the FBSC, as the facility can accommodate all the youths expected to participate in the training.

BHS is committed to adhering to all rules and regulations regarding the use of the FBSC and will ensure the area utilized is left in its original condition following the conclusion of the event.

Council Meeting of: February 18, 2026
Agenda Number: _______ B-7

RETURN TO AGENDA
While staff support the request, BHS is still required to provide insurance documentation for City facility rentals that meet City requirements.

FINANCIAL IMPACT:

The applicable costs associated with the rental of FBSC, with the spaces as requested, are summarized in Table 1, which would be applicable for this rental. Costs are derived from the City of Madera Master Fee Schedule.

Table 1: Estimated Financial Impact Without Fee Waiver
Administrative Fee $25
Dining Room $187.50
Kitchen Access $40
Total $252.50
The total applicable cost for FBSC, with date and time as requested, would be $252.50.

ALTERNATIVES:

The Council may elect to reject the fee waiver and require BHS to remit any associated fees if it wishes to rent the FBSC.

ATTACHMENTS:

1. Resolution – Waiving the rental fees of the Frank Bergon Senior Center on February 20, 2026, related to an Underage Drinking Training from the California Highway Patrol, hosted by Madera County Behavioral Health Services, at an anticipated rental fee of $252.50

2. Request Letter Authored by Melissa Gamiz, BS Psychology, CADC III ATTACHMENT 1
Resolution – Waiving the rental fees of the Frank Bergon Senior Center on February 20, 2026, related to an Underage Drinking Training from the California Highway Patrol, hosted by Madera County Behavioral Health Services, at an anticipated rental fee of $252.50 RESOLUTION NO. 26-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA WAIVING THE RENTAL FEES OF THE FRANK BERGON SENIOR CENTER ON FEBRUARY 20, 2026, RELATED TO AN UNDERAGE DRINKING

TRAINING FROM THE CALIFORNIA HIGHWAY PATROL, HOSTED BY

MADERA COUNTY BEHAVIORAL HEALTH SERVICES, AT AN ANTICIPATED RENTAL FEE OF $252.50
WHEREAS, the City has received a request for the waiver of fees for the rental of the Frank Bergon Senior Center (FBSC); and
WHEREAS, the request is from Madera County Behavioral Health Services (BHS); and WHEREAS, BHS is looking to host an Underage Drinking - DUI Special Training with California Highway Patrol; and
WHEREAS, the request is for rental utilization starting on Friday, February 20, 2026, from 4:30 p.m. through 7:00 p.m., including setup and cleanup time; and WHEREAS, the estimated fees for the request are calculated based on the City of Madera Master Fee Schedule; and
WHEREAS, the fees for the event are calculated at $252.50; and WHEREAS, BHS is still subject to providing insurance documentation for City facility rentals that meet City requirements.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:

1. The foregoing recitals are true and correct and incorporated herein by reference.

2. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that the training focused on preventing underage drinking, facilitated by the California Highway Patrol, will help educate the youth of the community on this important issue, with the potential to save lives.

3. The City Council does hereby waive the City fees for Rental Fees of the Lions Town & Country Park on the date and time identified, subject to confirmation of insurance.

4. This resolution is effective immediately upon adoption. * * * * * *
ATTACHMENT 2
Request Letter Authored by Melissa Gamiz, BS Psychology, CADC III

CHRISTINE DOSS, LCSW
Behavioral Health Services Director
To Whom It May Concern
RE: Madera Youth Leaders Chapter (MYL)
The California Friday Night Live Collaborative (CFNLC) is the body of county Friday Night Live Partnership program coordinators in California making a coordinated commitment to the mission and principles of Friday Night Live. The FNL system is the Collaborative.

Underage drinking plays a monumental role in risky behaviors that can significantly impact the lives of young people and those around them. With so much risk, it is hard to comprehend why youth continue to report easy access to alcohol, experience community norms that condone underage and binge drinking, and are consistently bombarded with media messages that promote alcohol consumption.

Madera County sits in Region 1 in the State of California. MYL will be heading a campaign project in partnership with CFNLP and the importance of prevention of underage drinking. Due to the growing number of youths currently participating in these prevention efforts, our chapter is looking to find a facility that can accommodate our all our youth participants for a Underage Drinking-DUI Special Training with California Highway Patrol on February 20th between 4:30pm-7:00pm.

FNL Standards of Practice directly align with the five core competencies of social emotional learning (SEL):
o Self-awareness
o Self-management
o Relationship skills
o Social awareness
o Responsible decision-making
These SEL core competencies are naturally woven throughout all FNL programs, especially as FNL seeks to address mental health challenges facing today’s youth. Program evaluation demonstrates that FNL builds resiliency and protective factors that promote positive behaviors, including choosing not to use substances and promoting overall well-being.

If you have any questions, please feel free to contact me. Thank you for supporting our youth’s involvement in positive community service and leadership.

Sincerely,
Melissa Gamiz, BS Psychology, CADC III
Melissa Gamiz FNL County Coordinator Work Cell (559) 716-0270 Jazmin Guzman, MYL Coordinator Work Cell (559) 507-9644

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Actions Relating to Sienna Estates Subdivision, Phase 2 RECOMMENDATION:

1. Adopt a Resolution:
a. Approving the Final Map for the Sienna Estates Phase 2 Subdivision (Tract No. 22-S01). b. Approving Revised and Restated Improvement Agreement for the Sienna Estates Subdivision Phase 1 (Agreement) (Tract No. 05-S-19) and Phase 2 (Tract No. TSM 22- S-01).
c. Authorizing the City Manager to enter into a Cooperative Agreement with Caltrans for roadway improvements along State Route 145.
d. Authorizing staff to record the Phase 2 Final Map and Agreement. e. Accepting the Dedication of Land for Public Use.

2. Adopt a Resolution Initiating Proceedings Pursuant to the Landscaping and Lighting Act of 1972 for the Annexation of Property into City of Madera Landscape Maintenance District Zone of Benefit 45A, to Review the Improvements and Assessments for Fiscal Year 2024/25, and Setting a Public Hearing
SUMMARY:
 On January 11, 2005, the City’s Planning Commission approved Tentative Subdivision Map No. TSM VIII-04-18 for the Sienna Estates Subdivision (“Project”), with Madera Sienna, LLC. Madera Sienna, LLC lost ownership of the Project as part of the Great Recession, and the property was subsequently acquired by BHT II Madera 113, LLC.  On September 12, 2017, the City’s Planning Commission approved a modification of conditions to Tentative Subdivision Map No. TSM VIII-04-18. The modification, TSM 2005- Council Meeting of: February 18, 2026
Agenda Number: ___B-8_____

RETURN TO AGENDA
15 Mod was prepared at the request by the then owner to provide clarification and specificity to the original conditions for the Project.  On January 12, 2021, the City’s Planning Commission approved a two-year extension of Tentative Subdivision Map No. TSM VIII-04-18. All previously approved conditions of approval remained in effect after this extension. Two new conditions were added. The first extended the map for the requested two-year extension. The second requires TSM 2005-15 MOD to comply with City’s adoption of the Parkland Acquisition Ordinance Act authorizing the City to require dedication of parkland or the payment of fees in-lieu of such dedication in effect since May 21, 2018.
 Subsequently, the new owners, Tarlton Properties, LLC, Tarlton Las Vegas, LLC and Tarlton Fresno, (collectively referred to as Subdivider), are now ready to proceed with completion of both phases of Sienna Estates; that of the partially completed Phase 1 and that of the yet to begin Phase 2 under the modified terms and conditions associated with actions taken by the Planning Commission on September 12, 2017 and January 12, 2021.

Attachment 1 illustrates a Project Location Map.

Approval of the Agreement will allow the Subdivider to be assigned all relevant requirements for completion of public improvements associated with the Project.

DISCUSSION:

The Final Map illustrated in Attachment 2 for the Sienna Estates Subdivision Phase 1 was approved on April 19, 2006, by the City Council (Council). The Final Map for Sienna Estates Subdivision Phase 2 has been checked and approved by the City Engineer. The Phase 2 Final Map substantially complies with the approved tentative map.

Annexation of the Sienna Estates Subdivision Phase 2 (Tract No. 20-S-01) into LMD Zone of Benefit 45A is one component of the Project that must be approved prior to recordation of the Phase 2 Final Map.

Prior to recordation of the Phase 2 Final Map and the Agreement:
 Annexation of the Sienna Estates Subdivision Phase 2 (Tract No. 20-S-01) into LMD Zone of Benefit 45A shall be completed. A second meeting to complete this process will be scheduled as part of this action.
 Annexation of the Project into the City’s Community Facilities District (CFD) shall be completed through a separate action to be presented to the Council.  All taxes will be paid.
 Bonds and insurance requirements will be provided or as part of an encroachment permit application to construct off-site improvements in advance of the approval of the Agreement.
 Plan Check & Inspection Fees will be provided or as part of an encroachment permit application to construct off-site improvements in advance of the approval of the Agreement.

In conjunction with the Sienna Estates Subdivision Phase 1 (Tract No. 05-S-19) Final Map, a Subdivision Agreement was also approved and recorded. As part of this action, the Subdivider and City have agreed that a new agreement as referenced earlier as a Revised and Restated Improvement Agreement (Agreement) should be prepared for the purposes of assigning all relevant requirements associated with the original Subdivision Agreement to the current Subdivider. In addition, the Agreement includes additional provisions associated with the 2017 modification and the 2021 extension as well as those improvements associated with Phase 2.

On April 19, 2006, the Council approved annexation of Phase 1 of the Project into Zone of Benefit 45A of Citywide LMD. The LMD Covenant has been previously recorded. As part of this action, the Subdivider has signed a Petition (Including Consent and Waiver) Requesting Annexation of Phase 2 into LMD Zone of Benefit 45A. (See Attachment 2).

Given the time frame in which Tract No. 05-S-19 was originally approved, it was not included in the City’s Community Facilities District (CFD). It was also not included as part of the 2017 modification and the 2021 extension though the remaining lots can be annexed through inclusion in the Agreement if agreed to by the Subdivider, to which the Subdivider has agreed. If Phase 2 is annexed as proposed, the original 24 lots constructed as part of Sienna Estates Subdivision Phase 1 will not be responsible for payment of the special tax associated with the CFD.

Conditions of approval for this subdivision required construction of permanent storm drainage improvements or construction of temporary facilities that would accommodate runoff from the subdivision. In satisfaction of that condition, the original developer constructed a temporary storm drainage basin to the northeast. Following the beginning of the Great Recession, it became evident that the original subdivider did not secure title to the basin as required to ensure usage until permanent facilities could be constructed. In 2021, Council directed staff to accept an offer to purchase the land associated with the basin. The basin was purchased in November 2021. As such, one of the impediments associated with this subdivision’s continuing development was removed. That impediment being the ability to direct storm runoff away from the subdivision and to safely retain it in a basin. Capacity of the basin was reviewed again by the developer’s engineer as part of the Phase 2 improvement plans.

This subdivision has frontage on Yosemite Avenue which is also known as State Route 145. As a result of State Department of Transportation (Caltrans) requirements not previously seen by staff before this particular project, construction of Yosemite Avenue is subject to the City entering into a Cooperative Agreement with Caltrans. The Cooperative Agreement includes a substantial number of requirements. While the requirements largely must be performed by the Subdivider, the Cooperative Agreement must be executed between Caltrans and the City with the City being held responsible for all such requirements. It is believed that all future projects within the City will be held to the same standard. It is also understood that this Cooperative Agreement is now standard across other city and county agencies with frontage to Caltrans facilities. Given the need for the Cooperative Agreement, the Agreement includes provisions that make the Subdivider responsible for all provisions within the Cooperative Agreement regardless of the fact they are not required to sign it. The Subdivider will also be responsible for all City costs associated with oversight of the Cooperative Agreement provisions to be performed by the Subdivider.

Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15268(b)(3), approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA.

FINANCIAL IMPACT:

Parcels within the subdivision will be responsible for participating in the cost of maintaining existing and proposed landscaping within the subject zone. As such, there are no financial impacts to the General Fund so long as assessments are adjusted promptly.

In addition to the LMD, the majority of this subdivision will also be included in the CFD, which is processed separately from the LMD. Including this subdivision in both districts assists in offsetting any impacts to the City’s General Fund.

ALTERNATIVES:

Not approve one or more items associated with this Staff Report. If Council does not approve the Final Map, the execution of the Agreement and the annexation of the parcels into the existing LMD zone, it would result in the inability to record the Final Map and for the Subdivider to complete the Project. Disapproval will require the Council to make certain findings that specific conditions have not been met.

ATTACHMENTS:

1. Project Location Map

2. Final Map

3. Petition (Including Consent and Waiver) Requesting Annexation LMD Zone of Benefit 45A Exhibit A – Legal Description

4. Resolution – Final Map and Agreement
Exhibit A – Improvement Agreement
Exhibit A – Legal Description -Phase 1
Exhibit B – Legal Description – Phase 2
Exhibit C – Development Impact Fees
Exhibit D - Engineer’s estimate
Exhibit E – Cooperative Agreement.

5. Resolution – Initiation of Proceedings for Annexation into Zone of Benefit 45A Exhibit A – Zone of Benefit 45A Location Map
Exhibit B – Property to be Annexed into Zone of Benefit 45A Diagram Exhibit C – Assessment Amounts
Attachment 1
Project Location Map

Attachment 2
Final Map
"Building a World!"
PLS 8026

PROFESSIONAL LAND SURVEYOR

STATE OF CAL I FORN I A

RUBEN APARICIO
I I I
"Building a World!"
"Building a World!"
Attachment 3
Petition (Including Consent and Waiver) Requesting Annexation LMD Zone of Benefit 45A

Exhibit A
Legal Description
EXHIBIT “A”
Legal Description – Phase 1
Sienna Estates Phase 1, recorded as Document No. 2006021264, In Book 56 of Maps, at Pages 5 through 8, Madera County Records excepting therefrom Lots 31 through 50 and Lots 85 through 88.

Legal Description – Phase 2
Outlot A and the remainder of Tract No. 05-S-19, Sienna Estates, Phase 1, in the City of Madera, County of Madera, State of California, according to the map thereof, recorded May 11, 2006 in Book 56 Pages 5 through 8 of Maps, inclusive, Madera County Records.

APN: 008-132-050-000, 008-132-049-000
Attachment 4
Resolution
Approving Final Map and Agreement
RESOLUTION NO. 26-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING THE FINAL MAP FOR THE SIENNA ESTATES PHASE 2 SUBDIVISION (TRACT NO. 22-S-01) AND REVISED AND RESTATED IMPROVEMENT AGREEMENT FOR SIENNA ESTATES PHASE 1 SUBDIVISION (TRACT NO. 05-S-19) AND SIENNA ESTATES PHASE 2 SUBDIVISION (TRACT NO. 22-S-01) AND ACCEPTNG DEDICATIONS FOR PUBLIC USE
WHEREAS, the Planning Commission approved Tentative Subdivision Map No. TSM VIII04-18 for the Sienna Estates Subdivision January 11, 2005, (“Project”) with Madera Sienna, LLC, as the subdivider (“Subdivider’); and
WHEREAS, the Planning Commission on January 11, 2005 also adopted a negative declaration consistent with Section 15070(a) of the California Environmental Quality Act for the Sienna Estates Subdivision as part of Tentative Subdivision TSM VIII-04-18; and WHEREAS, the City Council subsequently approved Final Map (Tract No. 05-S-19) on April 19, 2006; and
WHEREAS, the City Council also approved a Subdivision Agreement with Subdivider to ensure that certain public improvements were installed for the Project consistent with the requirements of the Subdivision Map Act; and
WHEREAS, a limited number of lots were developed by Madera Sienna, LLC, which then lost ownership of the Project as part of the Great Recession; and WHEREAS, Subdivider was unable to complete all of the required improvements or to fully develop the Project consistent with the approved final map for Phase 1 of the Project; and WHEREAS, remaining portion of the Project was subsequently acquired by BHT II Madera 113, LLC; and
WHEREAS, Planning Commission approved modification of conditions (TSM 2005-15 Mod) to Tentative Subdivision Map No. TSM VIII-04-18 on September 12, 2017; and WHEREAS, Planning Commission approved a two-year extension of Tentative Subdivision Map No. TSM VIII-04-18 on January 12, 2021; and
WHEREAS, staff has concluded based on continuing efforts on the part of the Owner and staff prior to expiration of the two-year extension and following that, the tentative map is still active; and
WHEREAS, the original developer, Madera Sienna, LLC, did not complete all of the required improvements or fully develop the remaining lots in the Project consistent with the approved Final Map for Phase 1 of the Project; and
WHEREAS, BHT II Madera 113, LLC acquired the property from Madera Sienna, LLC, and then sold the property to Tarlton Properties, LLC, Tarlton Fresno, LLC, and Tarlton Las Vegas, LLC (collectively “Owner”), who acquired ownership of remaining portions of land in the subdivision, including Phase 1, and anticipates developing the same as single-family residences; and WHEREAS, City and Owner desire to i) confirm rights and obligations of the Owner by entering into a Revised and Restated Improvement Agreement that is inclusive of Sienna Estates Phase 1 Subdivision (TRACT NO. 05-S-19) and Sienna Estates Subdivision Phase 2 (Tract No. TSM 22-S-01). (“Revised Agreement”); and ii) release the original Improvement Agreement for Phase 1 of the Project entered into with Madera Sienna, LLC; and WHEREAS, Owner, as part of the Revised Agreement, desires to agree to construct and complete within the time specified in said Revised Agreement all street and other improvements required of Subdivider under the provisions of Chapter 2 of Title 10 of the Madera Municipal Code relating to regulations and standards for the subdivision of lands in the City and the preparation of maps thereof, and such street or other improvements designated or mentioned in said Revised Agreement and/or set forth in the plans and specifications for the improvements for Phases 1 and 2 of the Sienna Estates Subdivision on file in the office of the City Engineer; and WHEREAS, the Revised Agreement for Phases 1 and 2 of the Sienna Estates Subdivision have been certified by the City Engineer that all provisions of the law and of Chapter 2 of Title 10 of the Madera Municipal Code have been complied with; and WHEREAS, the Revised Agreement includes provisions that make the Subdivider responsible for all requirements incorporated in a Cooperative Agreement that the City must execute with the State Department of Transportation (Caltrans) to allow for off-site construction within Caltrans right-of-way; and
WHEREAS, the Revised Agreement requires that the City be reimbursed for costs associated with oversight of the Cooperative Agreement; and WHEREAS, Owner shall, and as a condition precedent to the recordation of said Revised Agreement, furnish to the City and file with the City Clerk a good and sufficient improvement security in a form to be approved by the City Attorney, securing the faithful performance by said Owner of all work and the construction of all improvements designated as required in the Revised Agreement, and also security in form to be approved by the City Attorney securing the payment by said Subdivider of all bills for labor and materials incurred in the construction of any and all said improvements, and the doing of all other work therein agreed to be done by said Owner, within the time therein specified, the amount of said improvement securities to be not less than Two Million Nine Hundred Sixty-Two Thousand Three Hundred Seventeen Dollars and Fourteen Cents ($3,199,773.19); and
WHEREAS, Owner shall, and as a condition precedent to the recordation of said Revised Agreement, furnish to the City and file with the City Clerk certificates or policies of public liability and property damage insurance as required in the Revised Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA hereby finds, orders and resolves as follows:

1. The above recitals are true and correct.

2. The Final Map for the Sienna Estates Subdivision Phase 2 (Tract No. TSM 22-S-01) is approved.

3. The Agreement entitled “Revised and Restated Improvement Agreement Sienna Estates Phase 1 Subdivision (Tract No. 05-S-19); Except Lots 31 through 50 and Lots 85 though 88) and Sienna Estates Phase 2 Subdivision (Tract No. 22-S-01)” for the construction of improvements for Phases 1 and 2 of the Sienna Estates Subdivision is approved and attached as Exhibit “A.” A copy of the Revised Agreement shall be kept on file in the office of the City Clerk.

4. The City Council authorizes the City Manager to enter into a Cooperative Agreement with the State of California Department of Transportation (Caltrans) in substantial conformance with Exhibit E to this resolution. The City Manager is further authorized to make any non-material changes and execute the same on behalf of the City subject to approval as to legal form by the City Attorney. A copy of the Cooperative Agreement shall be kept on file in the office of the City Clerk.

5. Approval of Phase 2 Final Map and Agreement for the construction of improvements for Phases 1 and 2 of Sienna Estates Subdivision (Tract Nos. 05-S19 and 22-S-01) is contingent on and shall only be recorded upon i) receipt by the City of the bonds and insurance required by the Revised Agreement, ii) the annexation into Zone of Benefit 45A of the City-wide Landscape and Lighting District or if this is not possible for any reason, annexation into an equivalent Zone of Benefit approved by the City, and iii) and approval of annexation into the Community Facilities District (CFD).

6. It is the intent of the City Council that the Revised Agreement shall replace and supersede the original Improvement Agreement. Upon recordation of the Revised Agreement, the City Engineer is authorized to also record a release of the original Improvement Agreement with Madera Sienna, LLC.

7. The dedication of lands for public use is accepted.

8. This resolution is effective immediately upon adoption. * * * * * * * * * * *
Exhibit A
Improvement Agreement
RECORDING REQUESTED BY:

City of Madera
AFTER RECORDING RETURN TO:

City Clerk
City of Madera
205 W. 4th Street
Madera, CA 93637
Fee Waived Per Section 27383 & 27388.1(a)(2)(D) of the Government Code

REVISED AND RESTATED IMPROVEMENT AGREEMENT
SIENNA ESTATES PHASE 1 SUBDIVISION
(TRACT NO. 05-S-19; EXCEPT LOTS 31 THROUGH 50 AND LOTS 85 THROUGH 88) AND SIENNA ESTATES PHASE 2 SUBDIVISION
(TRACT NO. 22-S-01)
THIS REVISED AND RESTATED IMPROVEMENT AGREEMENT, SIENNA ESTATES PHASE 1 SUBDIVISION (TRACT No. 05-S-19) and SIENNA ESTATES PHASE 2 SUBDIVISION (TRACT No. 22-S01) (“Agreement”) is entered into this ___ day of _____, 2026, (the “Effective Date”) by and between the City of Madera, a municipal corporation of the State of California, hereinafter called “City”; and Tarlton Properties, LLC, Tarlton Fresno, LLC and Tarlton Las Vegas, LLC, hereinafter called “Subdivider” or “Owner” (individually a “Party” and collectively the “Parties”).

RECITALS
A. Madera Sienna, LLC, previously filed with City a certain subdivision map of a proposed division of land known as FINAL MAP OF TRACT NO. 05-S-19 Sienna Estates Phase 1 Subdivision, recorded May 11, 2006, in Book 56, Pages 5 through 8, recorded as document no. 2006021264 Madera County records, situated in the City of Madera, County of Madera, State of California located within the corporate limits of the City, and more particularly described as set forth in Exhibit “A.”
Owner has filed with City a certain subdivision map of a proposed division of land known as FINAL MAP OF TRACT NO. 22-S-01 Sienna Estates Phase 2 Subdivision, recorded _________________, in Book ___, Pages ___ through ___, recorded as document no. __________ Madera County records, situated in the City of Madera, County of Madera, State of California owned by Owner, located within the corporate limits of the City, and more particularly described as set forth in Exhibit “B” Collectively, FINAL MAP OF TRACT NO. 05-S-19 Sienna Estates Phase 1 Subdivision and FINAL MAP OF TRACT NO. 22-S-01 Sienna Estates Phase 2 Subdivision are referred to as “Subject Property”.

A copy of said Tentative Tract Map No. 2005-15 (“Tentative Map”) is on file with the City Clerk.

B. The City has previously conducted the appropriate environmental review of the proposed subdivision; the Planning Commission has determined the proposed subdivision is consistent with the City’s general plan in that the land use is compatible with the objectives, policies, general land uses, and programs specified in such a plan; and the Planning Commission has recommended approval of the proposed Tentative Map as conditioned.

C. City requires as a condition precedent to the acceptance and approval of the Final Tract Map the dedications or deeds of such streets, highways, and public places for all areas delineated on said mapsfor street and other public purposes as required under the Madera Municipal Code, this Agreement, and the Tentative Map.

D. Owner is required to construct certain street, utility, and public improvements within the boundaries of said Final Tract Maps. Owner shall, at the Owner’s own cost and expense, construct or complete all of the improvements, mentioned, all in accordance with and to the extent and as provided in those certain plans entitled, “Subdivision Improvement Plans for Sienna Estates Subdivision No. 05-S-19” and “Improvement Plans for Sienna Estates Phase 2 Tract 22-S-01,” as approved by the City Engineer and on file with the City Engineer of the City of Madera and the City of Madera Plans and Specifications, as amended. Said work shall include but shall not necessarily be limited to, all of the following: asphalt concrete paving, aggregate base, concrete curb and gutters, sidewalks, water and sewer mains, water and sewer services, storm drainage facilities, street lights, fire hydrants, gas, electric and communication lines, landscape district improvements, implementation of any and all Best Management Practices (BMP’s) as outlined in the City’s Storm Water Quality Management Program and Storm Water Pollution Prevention Plan on file in the office of the City Engineer, implementation of any and all BMP’s to prevent the infiltration of storm water into the City’s sanitary sewer collection system, and all other work, improvements or construction required by or mentioned in the above referenced plans and specifications and all appurtenances reasonably necessary to complete the aforementioned improvements.

Except for streets not having direct residential access, installation of sidewalks may be deferred and constructed with residential development subsequent to the acceptance of the subdivision improvements so long as each and every house has an ADA accessible route to a collector or arterial adjacent to the subdivision prior to occupancy of any house.

E. Reference is made hereby to (a) those certain subdivision maps entitled, “Subdivision No. 05-S-19 Sienna Estates Phase 1” and “Final Map of Tract 22-S-01 Sienna Estates Phase 2,” (Collectively “Project”) (b) improvement construction plans, (c) those certain specifications on file in the office of the City Engineer entitled, “City of Madera Standard Plans and Specifications,” and (d) “Madera Irrigation District Standards,” as may be applicable this Project, for a more particular description of the work and improvements generally outlined in this Agreement. Said subdivision map, plans and specifications referred to in this paragraph are hereby incorporated herein and made a part of this Agreement by reference thereto.

F. The City Council also approved an Improvement Agreement with Madera Sienna, LLC, on April 19, 2006, to ensure that certain public improvements were installed for the Phase 1 portion of the Project consistent with the requirements of the Subdivision Map Act; and G. Madera Sienna, LLC, developed a portion of the Subject Property as single family homes, which then sold to individual purchasers.

H. Madera Sienna, LLC subsequently lost its remaining interest in the Subject Property, which was subsequently acquired by BHT II Madera 113, LLC which no longer owns the Subdivision Property.

I. Madera Sienna, LLC defaulted on the Subdivision Agreement and failed to complete the public works off-site improvement as required in the Subdivision Agreement; and the same were not completed by BHT II Madera 113, LLC.

J. BHT II Madera 113, LLC transferred its ownership interest in the Subject Property to Tarlton Properties, LLC, Tarlton Fresno, LLC and Tarlton Las Vegas, LLC (“Owner”), which now owns the Subject Property except Lots 31 through 50 and 85 through 88.

K. Owner desires and agrees to construct the remaining improvements required for Tentative Tract Map No. 2005-15 and develop the subdivision and acknowledges that the Subdivision Property is subject to the Improvement Agreement and the Subdivision Map Act process.

L. Based on changed circumstances including, but not limited to, new ownership of the Subdivision Property by the Owner and based on the Owner's desire to develop the subdivision and the City's desire that all the Improvements regarding Tract Nos. 05-S-19 and 22-S-01 and punch list items as may be further amended due to passage of time for Tract Nos. 05-S-19 be constructed and/or completed and that all obligations, requirements and covenants under the Improvement Agreement be met in furtherance of the public’s health, safety and welfare, the City and the Owner wish to restate and amend the Subdivision Agreement.

M. It is the intent of the Parties that this Agreement replace and supersede the original Subdivision Agreement, and that the original Subdivision Agreement be of no further force or effect.

N. It is the intent of the Revised Agreement for Phases 1 and 2 of the Sienna Estates Subdivision Subdivider will be responsible for all provisions contained in the Cooperative Agreement as well as City associated costs that the State Department of Transportation (Caltrans) requires the City to execute; and
O. City Council approval of said Final Tract Map 22-S-01 to divide the property and acceptance of the dedications therein offered are subject to and on the condition precedent that Owner first enter into and execute this Agreement with the City and provide the City with all other things as required herein and/or as required by the City.

P. Recordation of said Final Tract Map 22-S-01 to divide the property therein offered and Agreement are subject to and on the condition precedent that Owner first provide the City with such bonds, improvement securities, monies, insurance and Homeowners Association as required herein and/or as required by the City.

AGREEMENT
In consideration of the approval of the foregoing recitals which are made a substantive part of this Agreement and in consideration of the approval of the above-mentioned Final Tract Map by City for filing and recording as provided and required by law, Owner and City do hereby mutually agree as follows:

ARTICLE I. GENERAL PROVISIONS
A. AGREEMENT
This Agreement is entered into pursuant to California Government Code Section 66410 et seq. (“the Subdivision Map Act”), and Section 10-2.701 et seq. of Chapter 2 of Title X of the Madera Municipal Code. The provisions of this Agreement and the improvements to be constructed as required by the Subdivision Map Act and this Agreement are necessary and proper to safeguard and serve the public health, safety and welfare.

B. DEFINITIONS
Wherever used in the Agreement, the following words and phrases shall have the meaning herein given, unless the context requires a different meaning:

1. “Engineer” shall mean the City Engineer of the City of Madera, or duly authorized representative.

2. “Inspector” shall mean the City Engineer of the City of Madera, or his duly authorized representative.

3. “Standard Specifications” shall mean the City of Madera Standard Drawings and Specifications, including attached details and amendments thereto.

4. “Division” shall mean and include the real property shown and described on the subdivision map as being divided into parcels, including street areas of adjacent existing public streets to the center lines thereof.

5. “Improvements” shall mean all work and improvements, including those depicted or required on the plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, concrete, paving, fencing, landscaping, irrigation, grading, and traffic signals.

C. DEVELOPMENT FEES

1. Development Impact Fees: Owner is obligated to pay all applicable Development Impact Fees for sewer, wastewater treatment plant, water, storm drainage, parks, administrative, fire, general government, police, public works, streets, transportation and traffic signals in the amounts shown in the City’s Master Fee Schedule, section “Development Impact Fees” on Exhibit “C” attached hereto and incorporated by reference. The impact fees shall be paid at time of application for each individual building permit in accordance with the fees in place at the time of application.

2. Other Fees: In addition, Owner is obligated to pay plan check, improvement inspection, grading permit, building permit, encroachment permit, and similar miscellaneous fees as well as drainage and other utility fees required under the Madera Municipal Code and any resolution establishing fees and charges.

3. Fee Adjustments:
a) Development Impact Fees - In the event impact fees are updated as a result of recommendation included within any future Development Impact fee Study Report, Owner shall pay those adjusted fees with each building permit secured following adoption of said fees by the City Council. b) Other Fees - In the event the improvements are not completed as set forth in Article II, Section D of this Agreement and an extension is secured by Owner, the City reserves the right to adjust the fees to those prevailing at the time of construction.

D. INDEMNIFICATION
Indemnity for Professional Liability: When the law establishes a professional standard of care for Owner’s activities to the fullest extent permitted by law, Owner shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Owner (and its Subcontractors), are responsible for such damages, liabilities and costs in the performance of professional activities under this agreement.

Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Owner shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims (including those related to any reimbursement), suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Owner or by any individual or City for which Owner is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Owner, except when caused by the active negligence, sole negligence, or willful misconduct of City.

E. INSURANCE
Prior to the recordation of the Final Map, Owner or Owner’s contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company which meets with the approval of City insuring City and the City Engineer, their officers, agents and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as a result thereof.

The minimum limits of such policy shall be in the amount of Five Million Dollars ($5,000,000.00) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The general liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that Owner or its contractors and City and the City Engineer, their officers, agents and employees shall be additional insureds under such policies.

An endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required. Any policy required by the Encroachment Permit shall include coverage for underground explosion and collapse. Said policy shall state by its terms and by an endorsement that said policy shall not be canceled until City shall have had at least thirty (30) days’ notice in writing of such cancellation.

All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.

F. NOTICE OF COMPLETION
The offers of dedication made on the Subdivision Map shall remain open but will not be accepted by the City until the City Council accepts the Improvements and authorizes the recording of a Notice of Completion. The City may accept such offers in its sole discretion at any later date without further notice to Owner. Until such time as City formally accepts the Improvements and any lands, rights of way or easements, Ownershall be responsible to maintain such lands, rights of way, easements and improvements in a safe condition and good repair.

Owner agrees that the use of any or all streets and improvements specified in this Agreement shall be at all times, prior to the final acceptance of the subdivision by City, at the sole and exclusive risk of Owner, and the issuance of any occupancy permits by City for dwellings located within the subdivision shall not be construed in any manner to be an acceptance or approval of any or all of the streets and improvements in the subdivision, or that stage of development of the streets and improvements represented by their condition at the time of issuance of any occupancy permits, or any stage of their development reached during the period commencing with the issuance of any occupancy permit and terminating upon the final acceptance of the tract.

G. BONDS AND OTHER SECURITY
Prior to recording the Final Map, or unless otherwise indicated, Owner shall furnish to the City performance guarantees as provided herein. Bonds or other security instruments shall be maintained in full force and effect during the term of this Agreement and may be released, in whole or in part, only upon the written approval of the City Engineer whose actions shall be reasonable and consistent with the provisions of this Agreement. Owner shall provide the following as security:

1. Performance Security. Owner shall provide to City performance security in an amount no less than Two Million One Hundred Nineteen Thousand Fifty-Five Dollars and Nine Cents ($2,119,055.09) which amount is equal to one hundred percent (100%) of the total estimated cost of all required work to be completed as required in this Agreement. Said performance security shall be in the form of (i) a letter of credit, from a bank insured by FDIC, (ii) a performance bond issued by a surety authorized to conduct business in the State of California, (iii) or cash. All required securities must be in a form approved by City’s attorney.

2. Payment Security. Owner shall provide to City payment security in an amount no less than One Million Fifty-Nine Thousand Five Hundred Twenty-Seven Dollars and fifty-Five Cents ($1,059,527.55) which amount is equal to fifty percent (50%) of the estimated cost of all required work to secure payment to the contractor, his or her subcontractors, and persons renting equipment or furnishing labor or materials for such improvements. Said amount shall be determined by the City Engineer at the time such payment security is due when a successor in interest acquires fee simple interest in any portion of the property. Said payment security shall be in the form of (i) a letter of credit, from a bank insured by FDIC, (ii) a performance bond issued by a surety authorized to conduct business in the State of California, (iii) or cash. All required securities must be in a form approved by City’s attorney. Payment security shall be released in accordance with Madera Municipal Code section 10-2.708.7.2.

Security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials, or equipment may, six (6) months after the completion and acceptance of the Improvements required under this Agreement, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the City Council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

3. Warranty Security. Owner shall remedy any defective work, labor or materials related to the Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one (1) year from the date of acceptance of the Improvements by the City. To ensure Owner complies with these obligations, on acceptance of the required work by the City Engineer, warranty security in the amount of the ten percent (10%) of the estimated cost of all required work shall be furnished to City in an amount no less than Two Hundred Eleven Thousand Nine Hundred Five Dollars and Fifty-One Cents ($211,905.51). The warranty security shall serve as a guarantee and warranty of the work for a period of one (1) year following acceptance against any defective work, labor or materials. The warranty security shall be released, less any amount required to be used for fulfillment of the warranty, one (1) year after final acceptance of the Improvements required under this Agreement.

H. MATERIALS AND LABOR
Owner and its contractors and subcontractors shall pay for any materials, provisions and other supplies or items used in, upon, for or about the performance of the work contracted to be done, and for any work or labor thereon of any kind and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, and shall file with the City pursuant to Section 3800 of the Labor Code a Certificate of Worker’s Compensation and shall maintain a valid policy of Worker’s Compensation Insurance for the duration of the period of construction or provide under penalty of perjury a satisfactory demonstration of exemption from coverage.

I. LIGHTING AND LANDSCAPING DISTRICT
The Owner agrees to, if not already done so, complete annexation to or establishment of a Lighting and Landscaping District Zone of Benefit 45A pursuant to California Streets and Highway Code Section 22500, et. seq., for Phases 1 and 2 and to maintain lighting and publicly landscaped areas until the City formally accepts the Improvements which are the subject of this Agreement.

Prior to release and recordation of the Final Map, Owner shall, at Owner’s sole cost and expense, submit to City all engineering reports, assessment data, and updated maps necessary to cause the Subject Property, to be annexed into Zone of Benefit 45A of the City-Wide Landscape and Lighting Assessment District. The petition for annexation of the property into Zone of Benefit 45A shall be considered, at a minimum not later than concurrently with the City Council’s consideration and approval of the Final Map. If annexation into Zone of Benefit 45A is not possible for any reason, the Owner shall cooperate with the City in forming a new Zone of Benefit or identification of another existing zone into which this subdivision can be annexed.

J. EASEMENTS
Owner shall grant City an easement for maintenance, repair or reconstruction of any water main or sewer main or other City-operated improvement which is constructed outside a dedicated public street.

K. FAILURE OF PERFORMANCE; ATTORNEY’S FEES
In addition to any other remedies provided in this Agreement or by law, in the event Owner fails to perform one or more of the covenants or conditions of this Agreement, City shall have recourse to the security given to guarantee the performance of such acts. City may do, or cause to be done, those acts required of Owner, and shall have recourse against so much of the security as is necessary to discharge the responsibility of Owner. In the event City seeks recourse against a security, City shall also have recourse against Owner for any and all amounts necessary to complete the obligations of Owner in the event the security is insufficient to pay such amounts.

All administrative costs, including reasonable attorney’s fees pursuant to Gov. Code, § 66499.4 incurred by the City, in addition to the costs of the Improvements, shall be a proper charge against the security and Owner.

In the event it becomes necessary for either party to bring an action with respect to enforcement of the provisions of this Agreement, or the security therefor, the prevailing party in such action shall be awarded reasonable costs and attorney’s fees as may be determined by the Court.

L. Cooperative Agreement
Work on State of California Department of Transportation (referred to as Caltrans) highways requires that local agencies enter into a Cooperative Agreement prior to an encroachment permit being granted to Owner. In this case, said work consists of off-site improvements to be constructed by the Owner within State Route 145 (Yosemite Avenue) as part of the Sienna Estates Phase II subdivision. Due to Caltrans policies, Owner is not a party to the Cooperative Agreement.

The City would not approve either this Agreement or the Final Map and would instead make this Agreement expressly subject to the Cooperative Agreement, when the Cooperative Agreement was finalized and executed. However, Owner has requested this Agreement be approved subject to and in compliance with Cooperative Agreement at Owner’s request. In City’s reliance thereon Owner agrees it is fully responsible for adhering to and complying with any obligations of the City or otherwise required by Caltrans as set forth in the Cooperative Agreement, attached hereto as Exhibit “D” and which may be updated in the City’s sole discretion. Within 15 days of any demand by the City, Owner shall reimburse the City for all invoiced City costs or expenditures associated with the City’s execution and implementation of the Cooperative Agreement. Failure by Owner to comply with the obligations to comply with the requirements of the Cooperative Agreement or promptly reimburse the City for its costs shall be a breach of this Agreement.

M. TIME OF THE ESSENCE
Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns.

N. SUCCESSORS AND ASSIGNS; COVENANT RUNNING WITH LAND
This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective parties. It shall be recorded in the Official Records of the County of Madera concurrently with Final Map of the Subdivision and shall constitute a covenant running with the land and an equitable servitude upon the real property in the Subdivision.

O. INTEGRATION; INCORPORATION OF EXHIBITS
This Agreement is an integrated agreement, and includes the documents referenced herein and its Exhibits, which are included herewith and made a part of this Agreement. The Final Maps for Phase 1 (Tract No. 05-S-19) and Phase 2 (Tract No. 22-S-01) have been recorded separately, and copies are on file with the City Clerk. This Agreement supersedes all prior negotiations, representation, or agreements, whether written or oral.

P. CONDITIONS OF APPROVAL
Owner shall comply with all conditions of approval set forth in TSM 2005-15 MOD approving modification of conditions of approval for the TSM 2005-15 as adopted on September 12, 2017 by the Planning Commission and as part of the two year extension on January 12, 2021, including the requirements and conditions of the City Engineer, and all specifications or requirements set forth on the Final Map, all of which are on file with the City Clerk.

Q. COMPLIANCE WITH LAW
In performing obligations set forth in this Agreement, Owner shall comply with all applicable laws, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Owner shall comply with the codes or ordinances of the City including the Madera Municipal Code and Building Codes.

R. PREVAILING WAGES
Ownershall be required to comply with California Labor Code prevailing wage requirements for work required under this Agreement. Owner shall: (i) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of those specific Improvements for which Owner receives credits or reimbursements, if any, and those Improvements, if any, that are “public works” under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a); and (ii) comply with any applicable provisions of California Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations. Owner shall or shall cause its contractor and subcontractors to keep and retain such records as are necessary to determine that prevailing wages have been paid as may be required by law. During the construction of the Improvements, if any, Owner shall, or shall cause its contractor to, post at the Subject Property the applicable prevailing rates of per diem wages. As required by Section D of this Agreement, Owner shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the City) City against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Owner, its contractors and subcontractors) to pay prevailing wages as required by law or to comply with the other applicable provisions of California Labor Code Sections 1720 et seq. and the implementing regulations of the Department of Industrial Relations in connection with construction of any Improvements, if any, that are public improvements.

S. ENFORCEMENT OF OBLIGATIONS
City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage.

T. LIMITATIONS OF LEGAL ACTS
Except as provided by the following subsection entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Owner’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.

U. ATTORNEY’S FEES AND LEGAL EXPENSES
If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Agreement, “attorneys’ fees” and “legal expenses” include, without limitation, paralegals’ fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party’s attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as “attorneys’ fees” or as “costs” under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys’ fees.

V. OBLIGATION RUNNING WITH LAND
This Agreement shall burden the Subject Property described and constitute a covenant running with the land in favor of and for the benefit of City which shall be binding upon the successors, transferees, and heirs of Owner. Owner consents to the recordation of this Agreement with the Madera County Recorder, and the release of the original Subdivision Agreement by the City Engineer.

W. WAIVER
The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

X. SUBORDINATION
Owner hereby warrants that any and all parties having record title interest in the Final Map which may ripen into a fee have subordinated to this Agreement and all such instruments of subordination, if any, are attached hereto and made a part of this Agreement.

Y. NO ASSIGNMENT
No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by Owner without the written consent of City.

Z. CAPTIONS
Section, paragraph and other captions or headings contained in this Agreement are inserted as a matter of convenience and for reference, and in no way define, limit, extend or otherwise describe the scope or intent of the Agreement or any provision hereof and shall not affect in any way the meaning or interpretation of this Agreement.

AA. AMBIGUITIES OR UNCERTAINTIES
Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist.

BB. SEVERABLE PROVISIONS
The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect.

CC. RELEASE OF CONDITIONS
The conditions and obligations of this Agreement shall remain in full force and effect until such time as City Engineer issues a written release finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such release with the Madera County Recorder.

DD. PIPES AND MONUMENTS
All pipes and monuments shown on the final subdivision map hereinafter referred to which are destroyed or displaced during construction operations shall be replaced by Subdivider at the time of the final inspection of the Improvements hereunder by City.

EE. OWNERSHIP OF IMPROVEMENTS
It is agreed that title and ownership of any public improvements constructed hereunder by Subdivider shall vest absolutely in City upon completion and acceptance of such Improvements by City.

FF. RELEASE OF BONDS AND SECURITIES
The release of bonds and securities called for herein shall not occur until: (1) the work provided for in this agreement and more specifically described in the plans and specifications herein referred to, is approved and accepted by the City Engineer; and (2), work not in conformance with said plans and specifications is removed from the project site to the satisfaction of the City Engineer.

GG. SUBDIVIDER NOT A CITY AGENT OR EMPLOYEE
It is mutually understood and agreed that neither Owner nor any of Owner’s agents, contractors, or subcontractors are or shall be considered to be agents or employees of the City of Madera in connection with the performance of Owner’s obligations under this Agreement.

HH. DEPOSIT FOR CORRECTION OF DEFICIENCIES
In addition to the improvement security hereinabove referred to, Subdivider shall concurrently deposit with the City not less than 1% of engineer’s estimate in an amount no less than Twenty-One Thousand One Hundred Ninety Dollars and Fifty-Five Cents($21,190.55), which may be used at the discretion of the City to correct deficiencies and conditions caused by Subdivider or Subdivider’s contractors during or after construction of the subdivision. Any unexpended amount thereof will be returned to Subdivider when all other bonds or improvement securities are released.

II. REIMBURSEMENTS/FAIR SHARE CONTRIBUTIONS DUE FROM SUBDIVIDER The Subdivider hereby agrees to the following reimbursements or fair share contributions to be paid prior to the recordation of the Final Map for Sienna Estates Phase 2 Tract 22-S-01 and the Agreement for Phases 1 and 2 as noted herein below:

1. There are no reimbursements/fair share contributions due from Subdivider JJ. REIMBURSEMENTS TO BE PROVIDED TO SUBDIVIDER
In consideration of public improvements constructed through plans prepared by GDR Engineering, Inc., for Sienna Estates Phase 1 Subdivision (Tract No. 05-S-19) and Landdesign Consulting for Sienna Estates Phase 2 Subdivision (Tract No. 22-S-01), the City agrees to reimburse the Owner reasonable costs based on what was incurred for construction of the following public improvements at the time they were constructed as follows:

1. Storey Road (Phase 1 Improvements)
(i) Street Construction – Full cost for one (1) 12-foot collector street lane from Station 25+62 to Station 34+09 through the City’s Impact Fee Program, subject to the availability of funds.
(ii) Sanitary Sewer System
(a) Difference in cost between an 8-inch and 12-inch sewer main from Station 21 + 72 to Station 34+ 14 (1,242
lineal feet) through the City’s Impact Fee Program,
subject to the availability of funds.
(b) 100% reimbursement of the costs to install the 8-inch component of the 12-inch sewer main in Storey Road
between Station 21+72 and Station 25+62 when
collected by City from developers of adjacent
development(s) for building permit.
(c) 50% reimbursement of the costs to install the 8-inch component of the 12-inch sewer main in Storey Road
between Sta 25+62 and Sta 34+ 14, when collected by
City from developers of adjacent development(s) for
building permit.
(ii) Water System
(a) Difference in cost between an 8-inch and 12-inch water main from Station 20+65 to Station 34+ 09 (1,344 lineal feet) through the City’s Development Impact Fee
Program, subject to availability of funds.
(b) Difference in cost between 8-inch and 12-inch gate
valves (5 each) through the City’s Development Impact
Fee Program, subject to availability of funds.
(c) 50% reimbursement of the costs to install the 8-inch component of the 12-inch water line in Storey Road
between Station 20+65 and Station 34+09, when
collected by City from developers of adjacent
development(s) for building permit.
(iii) Storm Drain Main Construction
(a) Difference in cost between an 18-inch and 24-inch
storm drain from Station 25+67 to Station 34+14 (847
lineal feet)
(b) 50% reimbursement of the costs to install the 18-inch component of the 24-inch storm drain in Storey Road
between Station 25+67 and Station 34+ 14 when
collected by City from developers of adjacent
development(s) for building permit if needed by that
development.

2. East Yosemite Avenue (Phase 1 Improvements)
(i) Water System
(a) Difference in cost between an 8-inch and 12-inch water main from Station 10+00 to Station 38+ 90 (2,890 lineal feet) through the City’s Development Impact Fee
Program, subject to availability of funds.
(b) Difference in cost between 8-inch and 12-inch gate
valves (10 each) through the City’s Development
Impact Fee Program, subject to availability of funds.
(c) 50% reimbursement of the costs to install the 8-inch component of the 12-inch water line in Yosemite
Avenue between Station 10+00 and Station 38+90,
when collected by City from developers of adjacent
development(s) for building permit.
(d) If portions of the pipe are existing, the Owner shall retain testing consultants with experience in water line testing to ensure that any portion of existing line
incorporated into the completed water main is free of
contaminants or debris.

3. City Park (Phase 1 Improvements)
(i) Sanitary Sewer - Difference in cost between an 8-inch and 12-inch sewer main from Sta 2+82 to Sta 10+00 (718 lineal feet) through the City’s Impact Fee Program, subject to the availability of funds.

4. East Yosemite Avenue (Phase 2 Improvements)
(i) Street Construction – Full cost for “new only” arterial widening/construction within center 40 feet of Yosemite Avenue constructed to full structural depth through the City’s Impact Fee Program, subject to the availability of funds.
(ii) Storm Drain Main Construction
(a) Full cost of 18-inch storm pipe from Station 36+57 to Station 37+76 (119 lineal feet)
(b) Full cost of 18-inch storm pipe between SR-145 and the drop inlet at the intersection of Indigo Court and
Umber Drive
(c) Reimbursement is provided through the City’s
Development Impact Fee Program, subject to
availability of funds for only those improvements that
are considered permanent (not temporary).

5. Water Well Site – Dedication of well site if deemed suitable for a municipal well is reimbursable through the City’s Development Impact Fee Program, subject to availability of funds.

JJ. TERMS OF REIMBURSEMENTS TO BE PROVIDED TO OWNER
The following terms shall apply to any and all reimbursements to be provided to Owner.

1. City agrees to reimburse Owner the City’s proportionate share of the cost of improvements as determined by the City Engineer at his sole discretion and whose decision shall be final and as set forth below. At the discretion of the City Engineer any reimbursements shall be in the form of credits toward storm drainage, water main, water well, and street impact fees or from the collection of storm drainage, water main, water well and street impact fees or connection fees as applicable from other developments using said facilities as said fees are collected or a combination thereof. City shall not reimburse any expenses beyond the actual and reasonable cost of installing the improvements. All reimbursements are subject to the conditions precedent that the Owner shall have submitted a financial statement within ninety (90) days of the City’s acceptance of the improvements, showing evidence of the actual cost of the improvements described in this agreement. Evidence shall be provided in the form of receipted bills, canceled checks and/or construction contracts. Failure to timely submit evidence shall void the reimbursement agreement as to any items not timely submitted or not supported by such evidence. Any cost to be reimbursed for administration or overhead shall not exceed the usual and customary cost for such expenses in the industry, and in no event shall they exceed fifteen percent (15%). Such cost shall be determined in the sole discretion of the City Engineer. City agrees to reimburse Owner for the cost of interest in accordance with Government Code Section 66485. The interest begins to accrue at the time of City’s acceptance of the improvements. The interest rate to be paid is the interest rate that is set by the City’s Municipal Code at the time of request for reimbursement, and shall run through the time that the request for reimbursement is made by the Owner, but in no event shall interest be paid for more than 60 days. Notwithstanding, no interest shall accrue or be paid in the event the account from which reimbursements are to be paid does not have sufficient funds to make the reimbursement. Phase 1 is excluded from consideration for interest as it was not assumed a component of the original Subdivision Agreement. For reimbursements requested for Phase 1 improvements performed by a prior owner, Owner agrees to defend, hold harmless, and indemnify the City in the event that a prior owner make any claim against the City for the same.

2. City does not guarantee reimbursement, where reimbursements are made from impact fees or connection fees as those fees are collected. The City shall have no responsibility for the delivery of the funds collected hereunder to Owner and only agrees to hold said funds collected and to make payment as directed by Owner upon contact by City. City will contact Owner within ninety (90) days of collection of funds at the address as specified in this agreement or as may thereafter be provided in writing to the City Clerk of the City. City shall have no obligation to locate or determine the true address of Owner other than the addresses provided under this Agreement. If no contact has been made at the address provided under this Agreement, City shall hold such funds collected hereunder for a period of one (1) year. Undistributed funds shall then be paid into the appropriate Impact or Connection Fee fund, the Owner waives all claims to any further reimbursements, and all responsibilities and liabilities of City to reimburse shall terminate. City cannot and does not pledge itself in advance that such charges will be collected or that they are valid or that there will be proceeds for reimbursement, but only that pursuant to this agreement City will, as a condition precedent to the issuance of permits for the development of such properties, levy such charges. Owner acknowledges that impact fees may be used to reimburse other developers based on a first in time payment process and additionally, may be pledged for the payment or repayment of other improvements to be constructed by or for City in advance of reimbursement to Owner. In no event shall reimbursement exceed the Subdivider’s cost of construction as adjusted by the Engineering News Record Construction Cost Index (CCI) as determined by the City Engineer based upon duly verified records submitted to the city within 90 days from the completion of such facilities and approved by the City Engineer.

For the purpose of determining the adjustment in the CCI, the time begins upon acceptance of improvements by City Council after execution of the Agreement.

3. Owner agrees to defend, hold harmless and indemnify the City for any claims regarding reimbursement amounts to the maximum extent provided by law.

KK. ASSIGNABILITY OF AGREEMENT
This Agreement shall not be assignable by Owner without the express written consent of City. Subject to the limitations on assignment, this Agreement shall inure to the interest of the Parties hereto.

LL. VENUE
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Madera County, California.

MM.ACKNOWLEDGEMENT OF CONTENT
Each Party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Owner.

NN. COMMUNITY FACILITIES DISTRICT
Owner agrees that prior to recording of the Final Map, all action necessary for annexation into Community Facilities District (CFD) 2005-01 shall have been taken, and all property included in said subdivision less those lots specifically excluded in this Agreement shall be made a part of such district and subject to its taxes.

OO. WATER WELL
Owner agrees to allow City access to site for the purposes of actions necessary to verify suitability of site for future City municipal well site. Should City establish that well site is acceptable, Owner agrees to dedicate well site to City through separate instrument in advance of acceptance of subdivision public improvements should acceptance not occur prior to the time in which City needs title. Should the City determine that well site is not acceptable, the developer shall be permitted to take such actions are necessary to develop the well site as single-family homes consistent with the remainder of the subdivision.

ARTICLE II. CONSTRUCTION REQUIREMENTS

A. STANDARD SPECIFICATIONS
All of the work and improvements and materials shall be performed, installed and provided in strict accordance with the City of Madera Standard Specifications incorporated herein by this reference, as though set forth in full. All of said work and improvements shall also comply with the requirements of the Madera Municipal Code. In case there are not any Standard specifications of the City for any said work, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Department of Transportation. All of said work and improvements and materials shall be done, performed and installed under the supervision of the City Engineer, under whose direction the work shall be inspected as it progresses.

Any work required under this Agreement shall also be performed, installed and provided in accordance with the standards of the State Water Resources Control Board, State Regional Water Quality Control Board, San Joaquin Unified Air Pollution Control District and those of other agencies identified in the Tentative Map Conditions of Approval insofar as they apply.

Until final acceptance of the Improvements, Owner shall give prominent and adequate warning to the public of each and every dangerous condition that may exist in the Subdivision and shall take all reasonable actions to protect the public from any such dangerous condition.

B. SCOPE OF IMPROVEMENTS
The work and Improvements, including those depicted or required on the plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffic signals, etc., as well as those required by Conditions of Approval (herein collectively referred to as “Improvements”) are incorporated by reference and made a part of this Agreement.

C. APPROVED PLANS
Notwithstanding the fact that Owner’s plans and specifications have been approved by the City, and that completion of the work and other acts are subject to approval of the City, it is understood and agreed that any approval by the City hereof shall in no way relieve Owner of satisfactorily performing said work or its obligations hereunder.

Owner agrees to perform and construct all work and improvements shown on the approved plans on file in the office of the City Engineer. Owner agrees it shall comply with Madera Municipal Code section 10-2.707(C), which gives the City the right to modify plans and specifications.

D. SCHEDULE
Owner shall perform the work and improvements hereinafter specified to the satisfaction of the City Engineer. Owner understands and agrees that the following schedule of work is intended to provide a guideline as to diligent prosecution of the work under this Agreement.

The Owner agrees to complete the improvements within 24 months from the recording of the Final Map as required by Madera Municipal Code Section 10-2.711.1 unless Owner requests an extension and is granted an extension by the City Council. Owner is responsible for following the extension request process under Madera Municipal Code Section 10-2.711.3.

If the construction of the Improvements shall be delayed without the fault of Owner, the time for completion thereof may be extended by the City in writing signed by the City Engineer for such period of time as City may deem reasonable. However, City reserves the right to not issue Certificates of Occupancies for any structures constructed within this tract until improvements are constructed to the satisfaction of the City Engineer. Without limitation of the foregoing sentence, it is agreed that City shall have right to determine whether to issue or withhold Certificates of Occupancy if there is then existing a breach or failure to properly perform the obligations of this agreement, or if issuance would not serve the public health, safety or welfare.

Concrete curbs and gutters, the sanitary sewer system and house connections, storm drainage pipeline and structures, together with water mains, gas mains and their respective service connection and all other underground services or facilities, shall be completed before starting the street surfacing.

E. COMPACTION AND MATERIALS TESTING
Compaction and soil tests shall be paid for by Owner and Owner shall contract with the soils lab directly. Street and utility trench tests shall be taken in varying locations, depths, and frequencies as required and directed by the City Engineer. Compaction shall meet all City requirements.

F. CODES AND PERMITS
Owner shall comply with Street, Plumbing, Building, Electrical and Zoning Codes and any other Codes of the City and Owner shall secure an Encroachment Permit from City and the necessary insurance policies required under said permit before working on any City right-of-way or property.

Owner shall install all street improvements in accordance with City of Madera Standard Specifications, applicable sections of the State Standard Specifications, and the construction plans.

G. COORDINATION OF CONTRACTORS
It shall be the responsibility of Owner to coordinate all work done by its contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of City be placed in the position of making decisions that are the responsibility of Owner. It shall further be the responsibility of Owner to give the Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of Owner to notify the City Engineer may cause delay for which Owner shall be solely responsible.

H. INSPECTION
Whenever Owner varies the period during which work is carried on each day, Owner shall give due notice to the City Engineer so that proper inspection may be provided. Any work done in the absence of the City Engineer will be subject to rejection. The inspection of the work shall not relieve Owner of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good and unsuitable materials will be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City Engineer or Inspector and accepted.

I. REPAIR OF DAMAGED IMPROVEMENTS
Any damage to the water or sewer systems, concrete work or street paving, or other facilities and improvements constructed in connection with the Agreement that occurs after installation and prior to Final Acceptance shall be repaired to the satisfaction of the City Engineer by Owner before release of bond or final acceptance of completed work. City may, at its sole option, perform such repair or replacement if Owner has failed to commence such repair within 20 days after City has mailed written notice of the need for repairs or replacement to Owner and to Owner’s surety. In such event, Owner agrees to pay the cost of such repair and replacement by City, and City may at its option recover such cost as a lien against the Subdivision or the lands therein.

If City determines that public safety requires repairs or replacements to be made before Owner or surety can be notified, City may complete such repairs or replacements and recover the costs thereof as provided above.

J. DUST CONTROL
Adequate dust and mud control shall be maintained by Owner on all streets within and without the subdivision until the paving of the streets is completed. “Adequate dust control” as used herein shall mean the sprinkling of the streets with water with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to Owner to comply with the provision of the paragraph forthwith. Such notice may be personally served upon Owner or, if Owner is not an individual, upon any person who has signed this Agreement on behalf of Owner or a superintendent or foreman of Owner’s or Owner’s subcontractor at the subdivision or, at the election of the Engineer, such notice may be mailed to Owner at his address on file with the City Engineer. If within 24 hours after such personal service of such notice or within 48 hours after the mailing thereof as herein provided, Owner shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and City may deduct the cost thereof from any deposits which the Owner has placed with the City. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations.

K. STREET SURFACING AND UNDERGROUNDING OF UTILITIES
Owner agrees all existing overhead utilities within the boundaries of this subdivision, and on adjacent streets and/or alleys to the centerlines thereof shall be relocated into underground installations except for transformers consistent with the Construction Plans for Sienna Estates Phase 1 Subdivision (Tract No. 05-S-19) and Sienna Estates Phase 2 Subdivision (Tract No. 22-S01. All new utilities shall be undergrounded, and all work shall be completed before installation of street surfacing, if any.

L. STREET SWEEPING
Owner shall pay for sweeping of streets within this tract following installation of paving and prior to acceptance of the Improvements by the City. City may provide such street sweeping services at its sole discretion and convenience. Owner shall keep streets and gutters free of any mud, debris or materials. If Owner fails to maintain streets in such condition which allows sweeping, City may remove any debris and deduct the cost thereof from any deposits which the Owner has placed with the City.

M. WARRANTY
Owner warrants that construction will not adversely affect any portion of adjacent properties.

N. PRECONSTRUCTION MEETING
Owner agrees to meet with the City at a preconstruction meeting upon request of the City.

Subcontractors for public improvements shall be required to attend. Failure to do so may result in a stoppage of work until a preconstruction meeting is held.

O. BUILDING MATERIALS RECYCLING
Owner agrees to participate in any building materials recycling program as directed by the City. Participation shall also be required by all sub-contractors for both public improvements and home construction, to fullest extent possible.

ARTICLE III. SPECIAL PROVISIONS

A. SUCCESSORS IN INTEREST: Successors in interest to any portion of the Subject Property shall comply with all terms and conditions of this Agreement. In particular, they shall provide all required insurance, bonds, and security to the City for that portion of any remaining Improvements which may yet to be completed at the time of transfer. Said insurance, bonds, and security must be provided to the City within 30 days of obtaining a fee interest in a portion of the Subject Property.

IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement.

CITY OF MADERA:

By: ______________________
Cecelia K. Gallegos, Mayor
APPROVED AS TO FORM:

By: ______________________
Shannon L. Chaffin, City Attorney
APPROVED:

By: _____________________
Keith Helmuth, P.E., City Engineer
SUBDIVIDER/OWNER:

Tarlton Properties, LLC
By: ____________________________

Tarlton Las Vegas, LLC
By: ____________________________
Tarlton Fresno, LLC
By: ____________________________
ATTEST:

By: _____________________
Alicia Gonzales, City Clerk

NOTARY ACKNOWLEDGEMENT REQUIRED
EXHIBIT “A”
Legal Description – Phase 1
Sienna Estates Phase 1, recorded as Document No. 2006021264, In Book 56 of Maps, at Pages 5 through 8, Madera County Records excepting therefrom Lots 31 through 50 and Lots 85 through 88.

EXHIBIT “B”
Legal Description – Phase 2
Outlot A and the remainder of Tract No. 05-S-19, Sienna Estates, Phase 1, in the City of Madera, County of Madera, State of California, according to the map thereof, recorded May 11, 2006 in Book 56 Pages 5 through 8 of Maps, inclusive, Madera County Records.

APN: 008-132-050-000, 008-132-049-000
EXHIBIT “C”
Development Impact Fees
Exhibit D
Engineer’s Estimate
A. SITE PREPARATION & GRADING
Description Quantity Units Unit Cost Total
1 Mobilization 1 L.S. 8,000.00 $ 8,000.00 $
2 Clearing, Grubbing 1 L.S. 8,600.00 $ 8,600.00 $
3 Site Grading (Cut/Fill) 7,366 C.Y. 5.00 $ 36,830.00 $ 4 Export Fill 3,520 C.Y. 18.00 $ 63,360.00 $
5 Power Pole Demo/Relocation 4 L.S. 26,000.00 $ 104,000.00 $ 6 SWPPP Implementation/Dust Control 1 L.S. 40,000.00 $ 40,000.00 $ SUB TOTAL $ 260,790.00
B. SANITARY SEWER
Description Quantity Units Unit Cost Total
1 8" Pipe, PVC SDR-35 682 L.F. 56.00 $ 38,192.00 $
2 48" Manhole 5 Each 6,000.00 $ 30,000.00 $
3 Sewer House Connection 33 Each 800.00 $ 26,400.00 $
SUB TOTAL $ 94,592.00
C. WATER DISTRIBUTION
Description Quantity Units Unit Cost Total
1 8" Pipe, C-900 204 L.F. 60.00 $ 12,240.00 $
2 Fire Hydrants + 6" Gate Valve 2 Each 8,500.00 $ 17,000.00 $ 3 8" Gate Valve 1 Each 1,850.00 $ 1,850.00 $
4 1 1/2" LS Water Services 1 Each 1,500.00 $ 1,500.00 $ 5 Tie in to Existing Water Main 8" 1 Each 2,800.00 $ 2,800.00 $ 6 1" Water Services + Meter Box 33 Each 980.00 $ 32,340.00 $ 7 Water Sampling Station 1 Each 1,500.00 $ 1,500.00 $
SUB TOTAL $ 69,230.00
D. STORM DRAIN IMPROVEMENTS
Description Quantity Units Unit Cost Total
1 6" Storm Drain (RGRCP) 4 L.F. 60.00 $ 240.00 $
2 18" Storm Drain (RGRCP) 315 L.F. 75.00 $ 23,625.00 $
3 48" SD Manhole 2 Each 6,000.00 $ 12,000.00 $
4 Christy Box 1 Each 2,000.00 $ 2,000.00 $
SUB TOTAL $ 37,865.00
E. ROADWAY/STREET IMPROVEMENTS
Description Quantity Units Unit Cost Total
1 Mobilization 1 L.S. 4,000.00 $ 4,000.00 $
2 A.C. Pavement 32,630 S.F. 3.40 $ 110,942.00 $
3 6" Standard Curb and Gutter + Grade and compact 1,684 L.F. 17.16 $ 28,897.44 $ 4 Concrete Sidewalk (5' wide) 8,656 S.F. 4.36 $ 37,740.16 $ 5 24" Alley Concrete Valley Gutter 220 L.F. 16.75 $ 3,685.00 $ 6 Concrete Approaches 35 Each 1,250.00 $ 43,750.00 $

LandDesign Consulting
6702 N. Cedar Avenue Ste. 201
Fresno, CA 93710
Ph: 559.538.3402 Cell: 559.920.0939

ENGINEER'S COST ESTIMATE - MADERA, CA
FOR SIENNA ESTATES PHASE 2
I. IMPROVEMENTS PH2
Printed: 1/7/2026;
2026.01.07_LDC_21020_CostEstimate LandDesign Consulting Page 1 of 2 SUB TOTAL $ 229,014.60
F. UTILITIES
Description Quantity Units Unit Cost Total
1 Street Lights 5 Each 3,700.00 $ 18,500.00 $
2 Dry Utilities 33 Each 11,000.00 $ 363,000.00 $
SUB TOTAL $ 381,500.00
G. SITE AMENITIES
Description Quantity Units Unit Cost Total
1 Mailboxes 33 D.U. 800.00 $ 26,400.00 $
2 7'-4" up to 8'-8" Masonry Wall 1,408 L.F. 135.00 $ 190,080.00 $ 3 24" Retaining Wall 51 L.F. 95.00 $ 4,845.00 $
SUB TOTAL $ 221,325.00
H. OFF-SITE IMPROVEMENTS
Description Quantity Units Unit Cost Total
1 A.C Pavement to be removed 1,001 S.F. 4.00 $ 4,004.00 $ 2 A.C. Pavement 7"AC/10" AB 26,719 S.F. 6.90 $ 184,361.10 $ 3 6" Standard Curb and Gutter 1,020 L.F. 17.16 $ 17,503.20 $ 4 Concrete Sidewalk (5' wide) 4,590 S.F. 4.36 $ 20,012.40 $ 5 18" Storm Drain (RGRCP) 116 L.F. 75.00 $ 8,700.00 $
6 Curb Inlet 2 Each 4,500.00 $ 9,000.00 $
7 48" SD Manhole 2 Each 6,000.00 $ 12,000.00 $
8 Fire Hydrants 3 Each 8,500.00 $ 25,500.00 $
9 1 1/2" LS Water Services 1 Each 1,500.00 $ 1,500.00 $ 10 4" Sleeves 1 Each 1,600.00 $ 1,600.00 $
11 48" Manhole 2 Each 4,700.00 $ 9,400.00 $
12 Standard Street Lights 5 Each 3,700.00 $ 18,500.00 $ 13 Landscape Offsite 4,504 SF 7.50 $ 33,780.00 $
SUB TOTAL $ 345,860.70
I. OFF-SITE WATER MAIN (E. YOSEMITE AVENUE)
Description Quantity Units Unit Cost Total
1 Connect Existing Water Main 1 Each $5,600.00 5,600.00 $ 2 Trenching 4'/ Trench Protection 1 L.S. $5,000.00 5,000.00 $ 3 Install Blow-Off Assembly 1 Each $3,574.00 3,574.00 $ 4 12'' Water Pipe, C900 2,894 L.F. $95.00 274,930.00 $
5 12" Gate Valve 7 Each $3,000.00 21,000.00 $
6 Removal and Disposal Existing 12" Water Main 425 LF $5.10 2,167.50 $ 7 Mobilization 1 L.S. $10,000.00 10,000.00 $
8 Traffic Control 1 L.S. $65,000.00 65,000.00 $
9 Demolition Existing Asphalt Section (E. Yosemite Avenue STA:
9+99.05 TO STA: 39+01.68) 10,737 S.F. $2.18 23,395.92 $ 10 AC Pavement 5" - 10,737 S.F. (E. Yosemite Avenue STA:
9+99.05 TO STA: 39+01.68) 324 TON $110.88 35,963.58 $
11 Aggregate Base Rock 8" - 10,737 S.F. (E. Yosemite Avenue STA: 9+99.05 TO STA: 39+01.68) 501 TON $44.00 22,046.64 $ 12 Subgrade Preparation 8" (E. Yosemite Avenue STA: 9+99.05 TO STA: 39+01.68) 10,737 S.F. $0.95 10,200.15 $
SUB TOTAL $ 478,877.79
TOTAL ON-SITE ESTIMATED COST $ 1,294,316.60
TOTAL OFF-SITE ESTIMATED COST $ 824,738.49
TOTAL ESTIMATED COST PHASE 2 $ 2,119,055.09
Printed: 1/7/2026;
2026.01.07_LDC_21020_CostEstimate LandDesign Consulting Page 2 of 2 Exhibit E
Cooperative Agreement
Agreement No. 06-1835
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COOPERATIVE AGREEMENT COVER SHEET
Work Description

CONSTRUCTION OF SIDEWALK, CURB AND GUTTER, AND INSTALLATION OF

STORM DRAINPIPE AND INLETS, WATER MAIN, FIRE HYDRANTS, VALVES,

BENDS, STREETLIGHT, AND WIDENING THE PAVED ROAD ON STATE ROUTE 145 FROM STOREY ROAD TO 0.6 MILES WEST OF STOREY ROAD.

Contact Information
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes.

Contact information changes do not require an amendment to this AGREEMENT.

CALTRANS
Mohammad Annan, Project Manager
2015 E. Shields Ave., Suite 100
Fresno, CA 93726
Office Phone: 559-365-0694
Email: [email protected]

CITY OF MADERA
Keith Helmuth, City Engineer
428 East Yosemite Avenue
Madera, CA 93638
Office Phone: (559) 661-5418
Email: [email protected]
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Table of Contents
COOPERATIVE AGREEMENT COVER SHEET ...........................................................................1 Work Description............................................................................................................................1 Contact Information .......................................................................................................................1 CALTRANS ...............................................................................................................................1 CITY OF MADERA ..................................................................................................................1 COOPERATIVE AGREEMENT .......................................................................................................4 RECITALS .........................................................................................................................................4 RESPONSIBILITIES.........................................................................................................................6 Sponsorship ....................................................................................................................................6 Implementing Agency ....................................................................................................................7 Funding...........................................................................................................................................8 CALTRANS' Quality Management................................................................................................8 CEQA Lead Agency .....................................................................................................................10 Environmental Permits, Approvals and Agreements....................................................................10 Project Approval and Environmental Document (PA&ED)......................................................... 11 California Environmental Quality Act (CEQA)....................................................................... 11 Plans, Specifications, and Estimate (PS&E) ................................................................................13 RIGHT-OF-WAY..........................................................................................................................14 CONSTRUCTION .......................................................................................................................16 Schedule .......................................................................................................................................20 Additional Provisions...................................................................................................................20 Standards..................................................................................................................................20 Noncompliant Work .................................................................................................................21 Qualifications ...........................................................................................................................22 Consultant Selection.................................................................................................................22 Encroachment Permits..............................................................................................................22 Agreement No. 06-1835
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Protected Resources .................................................................................................................22 Disclosures ...............................................................................................................................23 Hazardous Materials.................................................................................................................23 Claims.......................................................................................................................................25 Accounting and Audits.............................................................................................................25 Interruption of Work.................................................................................................................26 Penalties, Judgments and Settlements......................................................................................26 Project Files..............................................................................................................................26 GENERAL CONDITIONS..............................................................................................................27 Venue ............................................................................................................................................27 Exemptions...................................................................................................................................27 Indemnification ............................................................................................................................27 Non-parties...................................................................................................................................28 Ambiguity and Performance ........................................................................................................28 Defaults ........................................................................................................................................29 Dispute Resolution .......................................................................................................................29 Prevailing Wage............................................................................................................................30 SIGNATURES..................................................................................................................................31 Agreement No. 06-1835
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COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from __________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

City of Madera, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.

An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.

RECITALS

1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System (SHS) per the California Streets and Highways Code, Sections 114 and 130.

2. For the purpose of this AGREEMENT, construction of sidewalk, curb and gutter, and installation of storm drainpipe and inlets, water main, fire hydrants, valves, bends, streetlight, and widening the paved road on state route 145 from Storey Road to 0.6 miles west of Storey Road., will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents.

3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as WORK:
• PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
• PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
• RIGHT-OF-WAY (R/W)
• CONSTRUCTION
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.

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4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.

This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.

PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.

If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.

Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.

PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.

However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.

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5. The following work associated with this PROJECT has been completed or is in progress:
• CITY is developing the Design Engineering Evaluation Report (DEER).

6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.

7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.

RESPONSIBILITIES
Sponsorship

8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds committed in this AGREEMENT.

PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.

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9. CITY is the SPONSOR for the WORK in this AGREEMENT.

Implementing Agency

10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT.
• CITY is the Project Approval and Environmental Document (PA&ED) IMPLEMENTING AGENCY.

PA&ED includes the completion of the Final Environmental Document and the Project Report (documenting the project alternative selection). • CITY is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY.

PS&E includes the development of the plans, specifications, and estimate; obtaining any resource agency permits; and the advertisement/award of the construction contract.
• CITY is the RIGHT-OF-WAY IMPLEMENTING AGENCY.

RIGHT-OF-WAY includes coordination with utility owners for the protection, removal, or relocation of utilities; pre-construction monument preservation; the acquisition of right-of-way interests; and post-construction work such as right-ofway monumentation/recordation, relinquishments/vacations, and excess land transactions. The RIGHT-OF-WAY component budget identifies the cost of the capital costs of right-of-way acquisition (RIGHT-OF-WAY CAPITAL) and the cost of the staff work in support of the acquisition (RIGHT-OF-WAY SUPPORT).

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• CITY is the CONSTRUCTION IMPLEMENTING AGENCY.

CONSTRUCTION includes construction contract administration, surveying/staking, inspection, quality assurance, and assuring regulatory compliance. The CONSTRUCTION component budget identifies the capital costs of the construction contract/furnished materials (CONSTRUCTION CAPITAL) and the cost of the staff work in support of the construction contract administration (CONSTRUCTION SUPPORT).

11. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are implementing. The QMP describes the IMPLEMENTING AGENCY's quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and concurrence.

12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.

Funding

13. The WORK does not use funds administered by CALTRANS. PARTIES will amend this AGREEMENT should this condition change.

14. Each PARTY is responsible for the costs they incur in performing the WORK.

CALTRANS' Quality Management

15. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA), Agreement No. 06-1835
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environmental document quality control, and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.

16. CALTRANS' Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT's quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.

When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.

17. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.

18. Per National Environmental Policy Act (NEPA) assignment and California Environmental Quality Act (CEQA) statutes, CALTRANS will perform environmental document quality control and NEPA assignment review procedures for environmental documentation. CALTRANS quality control and quality assurance procedures for all environmental documents are described in Chapter 38 of the Standard Environmental Reference (SER), available at https://dot.ca.gov/programs/environmentalanalysis/standard-environmental-reference-ser/volume-1-guidance-for-compliance/ch-38- nepa-assignment. This also includes the independent judgment analysis and determination under CEQA that the environmental documentation meets CEQA requirements.

19. CITY will provide WORK-related products and supporting documentation upon CALTRANS' request for the purpose of CALTRANS' quality management work.

20. CITY, including any employee, agent, consultant or sub-consultant retained by the CITY, shall implement uniform document control policies necessary to retain all records and electronically stored information associated with the WORK, including but not limited to those records identified in California Public Resources Code, Section 21167.6, and Agreement No. 06-1835
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including email and attachments, in a manner consistent with the CALTRANS Uniform Filing System and the "Final Caltrans Environmental Records Retention Policy", available at https://dot.ca.gov/-/media/dot-media/programs/environmentalanalysis/documents/ser/nepa-recordretention-policy-final-a11y.pdf. These records, along with an index of the records, shall be provided to CALTRANS within 60 days of CALTRANS' written request.

21. The cost of CALTRANS’ quality management work is to be borne by CALTRANS.

CEQA Lead Agency

22. CALTRANS is the CEQA Lead Agency for the PROJECT.

Environmental Permits, Approvals and Agreements

23. CITY will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to CITY's responsibilities in this AGREEMENT.

24. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the Agreement No. 06-1835
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PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.

25. It is expected that the PROJECT will not require environmental permits/approvals.

Project Approval and Environmental Document (PA&ED)

26. As the PA&ED IMPLEMENTING AGENCY, CITY is responsible for all PA&ED WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

27. CALTRANS will be responsible for completing the following PA&ED activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.10.10.xx Quality Management
175.20 Project Preferred Alternative
180.10.05.05.xx CEQA Lead Final Env. Doc QA/QC and Approval 180.15.10 Notice of Determination (CEQA)

28. Any PARTY preparing environmental documentation, including studies and reports, will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that the PROJECT remains in environmental compliance.

29. CITY will provide written notice of the initiation of environmental studies to the CEQA Lead Agency prior to completing any other PA&ED phase work.

California Environmental Quality Act (CEQA)

30. Environmental documentation will be prepared in compliance with the California Public Resources Code §§ 21080.3.1(d)(e). CALTRANS will provide, and CITY will use, a letter template and a list of California Native American tribes requesting notification.

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CITY will prepare consultation documentation for CALTRANS’ signature and transmittal in compliance with the statutorily required time frames.

31. The CEQA Lead Agency will determine the type of CEQA documentation and will cause that documentation to be prepared in accordance with CEQA requirements.

32. Any PARTY involved in the preparation of CEQA documentation will prepare the documentation to meet CEQA requirements and follow the CEQA Lead Agency’s standards that apply to the CEQA process.

33. Any PARTY preparing any portion of the CEQA documentation, including any studies and reports, will submit that portion of the documentation to the CEQA Lead Agency for review, comment, and approval at appropriate stages of development prior to public availability.

34. CITY will submit CEQA-related public notices to CALTRANS for review, comment, and approval prior to publication and circulation.

35. The CEQA Lead Agency will attend all CEQA-related public meetings.

36. CITY will submit all CEQA-related public meeting materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to the public meeting date.

If the CEQA Lead Agency makes any changes to the materials, then the CEQA Lead Agency will allow CITY to review, comment, and concur on those changes at least three (3) working days prior to the public meeting date. The CEQA Lead Agency has final approval authority over all CEQA documentation.

37. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead Agency on all meeting publications. All meeting publications must also Agreement No. 06-1835
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inform the attendees that public comments collected at the meetings are not part of the CEQA public review process.

That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the CEQA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.

The CEQA Lead Agency maintains final editorial control with respect to text or graphics that could lead to public confusion over CEQA-related roles and responsibilities.

Plans, Specifications, and Estimate (PS&E)

38. As the PS&E IMPLEMENTING AGENCY, CITY is responsible for all PS&E WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

39. CALTRANS will be responsible for completing the following PS&E activities:

40. CITY will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy.

CITY will provide CALTRANS a copy of Utility Conflict Maps for CALTRANS' concurrence prior to issuing the Notices to Owner and executing the utility agreement.

All utility conflicts will be addressed in the PROJECT plans, specifications, and estimate.

41. CITY will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the State Highway System right-of-way in accordance with federal and California laws and regulations, and CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.15.10.xx Quality Management
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CALTRANS’ policies, procedures, standards, practices, and applicable agreements including but not limited to Freeway Master Contracts.

RIGHT-OF-WAY

42. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, CITY is responsible for all RIGHT-OF-WAY WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

43. CALTRANS will be responsible for completing the following RIGHT-OF-WAY activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.25.10.xx Quality Management

44. The selection of personnel performing RIGHT-OF-WAY WORK will be in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements.

45. CITY will make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS' encroachment policy.

46. CITY will provide CALTRANS a copy of conflict maps, relocation plans, proposed notices to owner, reports of investigation, and utility agreements (if applicable) for CALTRANS' concurrence prior to issuing the notices to owner and executing the utility agreement. All utility conflicts will be fully addressed prior to Right-of-Way Certification and all arrangements for the protection, relocation, or removal of all conflicting facilities will be completed prior to construction contract award and included in the PROJECT plans, specifications, and estimate.

47. CITY will provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering. All survey and right-of-way engineering Agreement No. 06-1835
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documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor.

48. Acquisition of right-of-way will not occur prior to the approval of the environmental document without written approval from the CEQA Lead Agency.

49. CITY will hear and adopt Resolutions of Necessity when authorized to do so by law or will work with local agencies having jurisdiction and authorized under the law to hear and adopt Resolutions of Necessity.

CITY will conduct and document Condemnation Evaluation Meetings and Condemnation Panel Review Meetings as required in accordance with CALTRANS policy and guidance.

CALTRANS will be notified in advance of any Condemnation Evaluation Meetings and Condemnation Panel Review Meetings.

50. If CITY acquires any right-of-way to be incorporated into the State Highway System (SHS), CITY will first acquire in its own name.

No right-of-way will be acquired in CALTRANS' name.

Title to the SHS right-of-way will ultimately be vested in the State. CALTRANS' acceptance of title will occur after the Right-of-Way Closeout activities are complete.

51. CITY will utilize a public agency currently qualified by CALTRANS or a properly licensed consultant for all RIGHT-OF-WAY activities. A qualified right-of-way agent will administer all right-of-way consultant contracts.

CITY will submit a draft Right-of-Way Certification to CALTRANS six weeks prior to the scheduled Right-of-Way Certification milestone date for review.

CITY will submit a final Right-of-Way Certification to CALTRANS for approval prior to the advertising the construction contract.

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52. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing.

53. CALTRANS’ acceptance of right-of-way title is subject to review of an Updated Preliminary Title Report provided by CITY verifying that the title is free of all encumbrances and liens. Upon acceptance, CITY will provide CALTRANS with a Policy of Title Insurance in CALTRANS’ name.

54. Right-of-way conveyances must be completed prior to WORK completion, unless PARTIES mutually agree to other arrangements in writing.

CONSTRUCTION

55. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for all CONSTRUCTION WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

56. CALTRANS will be responsible for completing the following CONSTRUCTION SUPPORT activities:

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57. CALTRANS will not issue an encroachment permit to CITY for construction work until the following conditions are met:
• CALTRANS accepts the final plans, specifications, and estimate • CALTRANS accepts the Right-of-Way Certification
• Any new or amended maintenance agreements required for the WORK are executed.

58. CITY will require the construction contractor to furnish payment and performance bonds naming CITY as obligee, and CALTRANS as additional obligee, and to carry liability insurance in accordance with CALTRANS Standard Specifications.

59. CITY will advertise, open bids, award, and approve the construction contract in accordance with the California Public Contract Code and the California Labor Code. By accepting responsibility to advertise and award the construction contract, CITY also accepts responsibility to administer the construction contract.

60. CALTRANS will not issue an encroachment permit to CITY's construction contractor until CALTRANS accepts:
• The payment and performance bonds
• The CONSTRUCTION Quality Management Plan

61. The CONSTRUCTION Quality Management Plan (QMP) will describe how construction material verification and workmanship inspections will be performed at manufacturing sources and the PROJECT job-site. The construction material and Source Inspection QMP (SIQMP) are subject to review and approval by the State Materials Engineer.

62. The CONSTRUCTION Quality Management Plan will address the radiation safety requirements of the California Code of Regulations 17 CCR § 30346 when the work requires Gamma-Gamma Logging acceptance testing for Cast in Drilled Hole (CIDH) pile or whenever else it is applicable. In accordance with these regulations, CITY, as the Agreement No. 06-1835
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"well operator", will have a written agreement with any consultant or external entity performing these tests.

63. CITY will provide a Resident Engineer and CONSTRUCTION SUPPORT staff that are independent of the construction contractor. The Resident Engineer will be a Civil Engineer, licensed in the State of California, who is responsible for construction contract administration activities.

64. CALTRANS will review and concur with:
• Change Orders affecting public safety, public convenience, protected environmental resources, the preservation of property, all design and specification changes, and all major changes as defined in the CALTRANS Construction Manual. These Change Orders must receive written concurrence by CALTRANS prior to implementation. • The Stormwater Pollution Prevention Plan (SWPPP) or the Water Pollution Control Plan (WPCP).

65. CITY will administer and process all construction contract claims pursuant to the requirements set forth under Public Contract Code, Section 9204. In addition, all public works claims of $375,000 or less shall be resolved in accordance with Public Contract Code Section 20104, et seq. and other applicable laws.

66. CITY is designated as the Legally Responsible Person pursuant to the Construction General Permit, State Water Resources Control Board (SWRCB) Order Number 2009- 0009-DWQ, as defined in Appendix 5, Glossary, and assumes all roles and responsibilities assigned to the Legally Responsible Person as mandated by the Construction General Permit. CITY is required to comply with the CALTRANS MS4 Agreement No. 06-1835
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National Pollutant Discharge Elimination System (NPDES) permit for all work within the State Highway System.

67. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for maintenance of the State Highway System (SHS) within the PROJECT limits as part of the construction contract until the following conditions are met:
• Any required maintenance agreements are executed for the portions of SHS for which relief of maintenance is to be granted.
• CALTRANS approves a request from CITY for relief from maintenance of the PROJECT or a portion thereof.

68. CITY will ensure all necessary maintenance agreements will be executed and/or amended with CALTRANS.

69. Upon WORK completion, ownership or title to all materials and equipment constructed or installed for the operations and/or maintenance of the State Highway System (SHS) within SHS right-of-way as part of WORK become the property of CALTRANS.

CALTRANS will not accept ownership or title to any materials or equipment constructed or installed outside SHS right-of-way.

70. Within one hundred eighty (180) calendar days following the completion and acceptance of the PROJECT construction contract, CITY will furnish CALTRANS with a complete set of "As-Built" plans and Change Orders, including any changes authorized by CALTRANS, using an approved transfer mechanism, such as a CD ROM, flash drive, Filr. The submitted digital files must be completed in accordance with Caltrans specifications, policies, and manuals, including requirements in Sections 2 and 3, of Chapter 17 in the Project Development Procedures Manual, then current CADD User's Manual (Section 4.3), Plans Preparation Manual, and CALTRANS practice. The plans will have the Resident Engineer's name, contract number, and construction contract acceptance date printed on each plan sheet, and with the Resident Engineer's signature only on the title sheet. The As-Built plans will be in Microstation DGN format, version

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underground facilities data. In addition, CITY will provide one set of As-Built plans and addenda in TIFF format.

The submittal must also include all CALTRANS requested contract records, and land survey documents. The land survey documents include monument preservation documents and records of surveys prepared to satisfy the requirements of the California Professional Land Surveyors' Act (Business and Professions Code, Sections 8700 – 8805). Copies of survey documents and Records of Surveys filed in accordance with Business & Professions Code, Sections 8762 and 8771, will contain the filing information provided by the county in which filed.

Schedule

71. PARTIES will manage the WORK schedule to ensure the timely use of committed funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.

Additional Provisions
Standards

72. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and Agreement No. 06-1835
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CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
• CADD Users Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
• Standard Environmental Reference
• Highway Design Manual
• Right of Way Manual
• Stewardship and Oversight Agreement
• Construction Manual
• Encroachment Permits Manual
• Construction Manual Supplement for Local Agency Resident Engineers • Local Agency Structure Representative Guidelines
Noncompliant Work

73. CALTRANS retains the right to reject noncompliant WORK. CITY agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, Agreement No. 06-1835
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preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System.

Qualifications

74. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.

Consultant Selection

75. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.

Encroachment Permits

76. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents, and utility owners will not work within the SHS right-of-way without an encroachment permit issued by CALTRANS. CALTRANS will provide encroachment permits to CITY at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.

77. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.

Protected Resources

78. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a Agreement No. 06-1835
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qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.

Disclosures

79. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 7921.505(c)(5) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.

PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.

80. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.

Hazardous Materials

81. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, whether it is disturbed by the PROJECT or not.

HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.

The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.

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82. If HM-1 or HM-2 is found, the discovering PARTY will immediately notify all other PARTIES.

83. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CALTRANS, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1 MANAGEMENT related to HM-1 found within the existing State Highway System right-of-way.

84. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CITY, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way.

85. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM-2 MANAGEMENT within the PROJECT limits.

CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement. CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.

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86. CALTRANS' acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS' policy on such acquisition.

Claims

87. CITY may accept, reject, compromise, settle, or litigate claims of any consultants or contractors hired to complete WORK without concurrence from the other PARTY.

88. PARTIES will confer on any claim that may affect the WORK or PARTIES' liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.

89. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.

Accounting and Audits

90. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Agreement No. 06-1835
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Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.

91. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.

Interruption of Work

92. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-of-way in a safe and operable condition acceptable to CALTRANS.

93. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.

Penalties, Judgments and Settlements

94. The cost of awards, judgments, fines, interest, penalties, attorney's fees, and/or settlements generated by the WORK are considered WORK costs.

95. The cost of legal challenges to the environmental process or documentation are considered WORK costs.

96. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.

Project Files

97. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History File is Agreement No. 06-1835
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prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.

GENERAL CONDITIONS

98. All portions of this AGREEMENT, including the RECITALS section, are enforceable.

Venue

99. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.

Exemptions
100. All CALTRANS' obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).

Indemnification
101. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability Agreement No. 06-1835
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occurring by reason of anything done or omitted to be done by CITY, its contractors, subcontractors, and/or its agents under this AGREEMENT. 102. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

Non-parties
103. PARTIES do not intend this AGREEMENT to create a third-party beneficiary or define duties, obligations, or rights for entities in PARTIES not signatory to this AGREEMENT.

PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law. 104. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.

Ambiguity and Performance
105. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.

A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.

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106. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.

Defaults
107. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.

Dispute Resolution
108. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES' legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.

Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT.

However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.

Except for equitable relief and/or to preserve the statute of limitations, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.

PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.

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109. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.

Prevailing Wage
110. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.

Work performed by a PARTY's own employees is exempt from the Labor Code's Prevailing Wage requirements.

If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis-Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.

When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY's employees is exempt from federal prevailing wage requirements.

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SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
Michael Navarro
District Director
Verification of Funds and Authority:

Claudia Juarez
District Resource Manager

CITY OF MADERA
Cecelia K. Gallegos
Mayor
Attest:

Alicia Gonzales
City Clerk
Keith B. Helmuth, P.E.

City Engineer
Shannon L. Chaffin
City Attorney
Attachment 5
Resolution
Initiation of Proceedings for Annexation into Zone of Benefit 45A RESOLUTION NO. 26-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA INITIATING PROCEEDINGS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE ANNEXATION OF PROPERTY INTO

CITY OF MADERA LANDSCAPE MAINTENANCE DISTRICT (LMD) ZONE OF BENEFIT 45A, TO REVIEW THE IMPROVEMENTS AND ASSESSMENTS FOR FISCAL YEAR 2026-2027, AND SETTING A PUBLIC HEARING
WHEREAS, the Landscaping and Lighting Act of 1972 (“Act”) provides and establishes procedures for annexing properties to an existing Landscaping and Lighting Assessment District; and
WHEREAS, the City of Madera Landscape Maintenance District (LMD) was formed by Resolution No. 91-67, approved June 17, 1991, pursuant to Part 2 of Division 15 of the Streets and Highways Code (Landscape and Lighting Act of 1972), herein the “Act” to levy and collect assessments to cover the cost of maintaining all landscaping, and irrigation systems within the District public right-of-way; and
WHEREAS, not only will annexing this new development into the existing LMD ensure that all benefitting parcels share equally in the costs to maintain the improvements, but consolidating the benefitting developments into a single assessment district will facilitate their management by the City; and
WHEREAS, the proceedings for the annexation of the aforementioned tracts and public lands to the LMD are authorized by and will be conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code; and
WHEREAS, pursuant to Streets and Highways Code section 22608, resolutions, reports, notices of hearing, and the right of majority protest may be waived with the written consent of all landowners of the territory to be annexed; and
WHEREAS, Tarlton Properties, LLC is the landowner of the property proposed for annexation and generally located north of Storey Road, south of Yosemite Avenue and 1,500 feet east of the intersection of Storey Road and Yosemite Avenue, and which is also known as Sienna Estates Subdivision Phase 2 (Tract No. TSM 22-S-01), whose Final Map is being concurrently considered by the City Council, as further described or depicted on EXHIBIT A (“Subject Property”) and diagrammed in Exhibit B.; and
WHEREAS, Tarlton Properties, LLC, has provided a petition for annexation and written consent to waiver of resolutions, reports, notices of hearing, and the right of majority protest regarding the Subject Property, as well as consenting to the amount of the proposed levy for the current fiscal year; and
WHEREAS, as a result, no report by the City Engineer is required to be prepared and filed with the City Clerk which outlines the land to be annexed; and WHEREAS, the City Council now desires to proceed to adopt this Resolution of Intention to declare its intent to annex the Subject Property into LMD Zone of Benefit 45A, and to set and specify the levy and collection of assessments, and to set a time and place for a public hearing relating to the annexation of the Subject Property into LMD Zone of Benefit 45A.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY, finds, orders and resolves as follows:

1. The above recitals are true and correct.

2. The City Council proposes to annex the Subject Property into LMD Zone of Benefit 45A of City of Madera City-Wide LMD formed by the City Council for the City of Madera per Resolution No. 91-67, approved June 17, 1991, pursuant to Part 2 of Division 15 of the Streets and Highways Code and pursuant to the Landscaping and Lighting Act of 1972 (Section 22500 and following, Streets and Highways Code). The property proposed to be annexed is identified on Exhibit “A” and diagrammed in Exhibit “B”.

3. The Subject Property proposed to be annexed and to be specifically charged for the improvements shall include all of the land identified on Exhibit “A” and shall be designated part of LMD Zone of Benefit 45A.

4. The improvements which are provided for the properties within City of Madera LMD, and which shall be provided for the property within LMD Zone of Benefit 45A by and through the assessments levied annually thereon shall include the following:
a. The installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; and
b. The installation or construction of irrigation systems; and c. The maintenance and servicing of any of the foregoing.

5. The City Engineer of the City of Madera is hereby designated the engineer for the annexation proceedings. The City Council finds that the landowner has presented a written consent, and that the engineer is not required to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972 for the annexation proceedings, consistent with the Landscaping and Lighting Act of 1972.

6. The City Engineer is hereby directed to review, and modify the assessments levied against parcels previously within LMD Zone of Benefit 45A district boundaries in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972 for the annexation proceedings, as required by Chapter 2 of Part 2 of Division 15 of the Landscaping and Lighting Act of 1972. The proposed assessments upon the lots and parcels of land are set forth in Exhibit “C.”

7. Notice is given that on April 15, 2026 at the hour of 6:00 p.m., in the regular meeting place of the City Council being the Council Chambers located at 205 W. Fourth Street, Madera, California 93637, a public hearing will be held where this City Council will consider the authorization for the annexation of the Subject Property into City of Madera LMD Zone of Benefit 45A, the proposed assessment of the levy with the Subject Property and all other matters as set forth in this Resolution of Intention. Pursuant to the petition, all of the landowner(s) within the Subject Property have waived all applicable resolutions, reports, notices of hearing, and the right of majority protest.

8. At such public hearing, the testimony or protest of all interested persons for or against the annexation of the Subject Property or the imposition of levy of assessments within the Subject Property will be heard.

9. This resolution is effective immediately upon adoption. * * * * * * * * * * * * *
Exhibit A
Zone of Benefit 45A Location Map

Exhibit B
Property to be Annexed into Zone of Benefit 45A Diagram

Exhibit C
Assessment Amounts (Sheet 1 of 2)
Lot Owner
Assessment
Amount (FY
2026/2027)
1 Tarlton Properties, LLC, A California Limited Liability Company $71.18 2 Tarlton Properties, LLC, A California Limited Liability Company $71.18 3 Tarlton Properties, LLC, A California Limited Liability Company $71.18 4 Tarlton Properties, LLC, A California Limited Liability Company $71.18 5 Tarlton Properties, LLC, A California Limited Liability Company $71.18 6 Tarlton Properties, LLC, A California Limited Liability Company $71.18 7 Tarlton Properties, LLC, A California Limited Liability Company $71.18 8 Tarlton Properties, LLC, A California Limited Liability Company $71.18 9 Tarlton Properties, LLC, A California Limited Liability Company $71.18 10 Tarlton Properties, LLC, A California Limited Liability Company $71.18 11 Tarlton Properties, LLC, A California Limited Liability Company $71.18 12 Tarlton Properties, LLC, A California Limited Liability Company $71.18 13 Tarlton Properties, LLC, A California Limited Liability Company $71.18 14 Tarlton Properties, LLC, A California Limited Liability Company $71.18 15 Tarlton Properties, LLC, A California Limited Liability Company $71.18 16 Tarlton Properties, LLC, A California Limited Liability Company $71.18 17 Tarlton Properties, LLC, A California Limited Liability Company $71.18 18 Tarlton Properties, LLC, A California Limited Liability Company $71.18 19 Tarlton Properties, LLC, A California Limited Liability Company $71.18 20 Tarlton Properties, LLC, A California Limited Liability Company $71.18 21 Tarlton Properties, LLC, A California Limited Liability Company $71.18 22 Tarlton Properties, LLC, A California Limited Liability Company $71.18 Exhibit C
Assessment Amounts (Sheet 2 of 2)
Lot Owner
Assessment
Amount (FY
2026/2027)
23 Tarlton Properties, LLC, A California Limited Liability Company $71.18 24 Tarlton Properties, LLC, A California Limited Liability Company $71.18 25 Tarlton Properties, LLC, A California Limited Liability Company $71.18 26 Tarlton Properties, LLC, A California Limited Liability Company $71.18 27 Tarlton Properties, LLC, A California Limited Liability Company $71.18 28 Tarlton Properties, LLC, A California Limited Liability Company $71.18 29 Tarlton Properties, LLC, A California Limited Liability Company $71.18 30 Tarlton Properties, LLC, A California Limited Liability Company $71.18 31 Tarlton Properties, LLC, A California Limited Liability Company $71.18 32 Tarlton Properties, LLC, A California Limited Liability Company $71.18 33 Tarlton Properties, LLC, A California Limited Liability Company $71.18

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Keith Helmuth, City Engineer
Arnoldo Rodriguez, City Manager
SUBJECT:

Traffic Signal Installation at South and D Streets City Project No. TS-32, Federal Project CML 5157 (125)
RECOMMENDATION:

Adopt a Resolution approving the contract award for Traffic Signal Installation at South and D Streets City Project No. TS-32, Federal Project CML 5157 (125), for $432,367 to St Francis Electric, LLC and adopting a CEQA Class 2 (Existing Facilities) categorical exemption for the project.

SUMMARY:

On January 27, 2026 the City received seven bids for Traffic Signal Installation at South and D Streets City Project No. TS-32, Federal Project CML 5157 (125) (Project). The project is funded from a combination of Congestion Mitigation and Air Quality (CMAQ) Improvement Program funds, Measure T – RTP/3R, and Local Transportation Funds (LTF). St Francis Electric, LLC. submitted the lowest responsive and responsible bid.

BACKGROUND:

Three traffic signal projects were originally combined into a larger project for bidding which included CIP Projects TS-23 (Howard, Pine, Yosemite, and Q Signal Modifications), TS-24 (new signal at Cleveland Avenue and Granada Drive), and TS-32 (new signal at South Street and D Street). That combined project went out to bid twice, in November 2023 and in August 2025.

Both times all bids were rejected by the City Council. In the case of the bids received in November of 2023 the bids were rejected due to TS-23 bids being an approximate $340,000 above the engineer’s estimate and therefore also above what was budgeted for the project. Staff then reviewed the TS-23 project and modified the bid documents and scope of work in an effort to reduce costs for future bids. In August of 2025 the combined project was rebid and once again rejected. Three bids were received in 2025; however the two lowest bids were deemed non1 Approved by:
_________________________________
Keith Helmuth, City Engineer
Arnoldo Rodriguez, City Manager
Approved by:
_________________________________
Keith Helmuth, City Engineer
Approved by:
_________________________________
Keith Helmuth, City Engineer
Council Meeting of: February 18, 2026
Agenda Number: ____ B-9

RETURN TO AGENDA
responsive due to missing Disadvantage Business Enterprise (DBE) documentation. The third bid was found responsive, however, again, the bid for TS-23 was approximately $255,000 above the engineer’s estimate and thus all bids were rejected. In order to keep the projects moving toward construction Staff made the decision to separate the three projects and solicit bids individually.

DISCUSSION:

The work at this location generally consists of installing a new traffic signal system in place of the current all-way stop controlled intersection. The project includes traffic signal pole installation, cabinets, pullboxes, conduits, conductors, push buttons, Emergency Vehicle Pre-emption (EVP), programming the signal controller for signal timing, signing, and striping.

On December 17, 2025, the City released the projects for public bidding on the PlanetBids web portal. Also, a “Notice Inviting Bids” was duly published in the Madera Tribune Newspaper on December 17 and December 24. Bidders could download the plans and specifications from PlanetBids.

On January 27, 2026, seven bids were received. The bids were checked for accuracy against bidding requirements, validity of licenses, and bid security. The bids received are summarized in Table 1.

Table 1: Bid Summary
Bidder Bid

1. St Francis Electric, LLC $432,367

2. C3 Electric, Inc. $442,900

3. PTM General Engineering Service, Inc. $484,048

4. Bear Electrical Solutions, LLC $526,000

5. AC Electric Company $533,425

6. Tennyson Electric, LLC $586,510

7. Audeamus, dba Sebastian $843,062
Engineer’s Estimate $509,202
The project construction budget based on award to the low bidder and funding sources are outlined in Table 2.

Table 2: Project Budget
Line Item Amount
St Francis Electric, LLC. Contract $432,367
Construction Management, Inspection and Testing $60,000 Project Contingency $43,236.70
Total Project Budget $535,603.70
Funding Source
Congestion Mitigation and Air Quality (CMAQ) $323,500
Measure T – RTP/3R $60,000
Local Transportation Fund (LTF) $229,750
Total Funding Source $613,250
St Francis Electric, LLC. submitted the lowest responsive and responsible bid that meets the contract requirements.

Staff recommends award of the Project to St Francis Electric, LLC. in the amount of $432,367.00 and inclusive of a provision of 10 percent of contract amount for allowable project contingencies as approved by the City Engineer.

Due to the long lead time for signal materials, approximately 6-9 months in most cases, staff does not anticipate this signal being constructed and operational by the start of the 2026/2027 school year.

ENVIRONMENTAL REVIEW:

Staff has performed a preliminary environmental assessment of this project and has determined that this project would be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15301, Class 1 (Existing Facilities), as the project would consist of alterations to an existing highway or street which do not create additional automobile lanes.

Further, none of the exceptions under CEQA Guidelines section 15300.2 are applicable. The Notice of Exemption was filed with the County Clerk on October 5, 2022.

FINANCIAL IMPACT:

There is no fiscal impact on the City’s General Fund. Funding for this project comes from CMAQ grant funds, Local Transportation Fund (LTF), and Measure T – RTP/3R.

ALTERNATIVES:

An alternative to awarding the contract is for the City Council to reject all bids. However, as noted above, this project has already been rebid on two prior occasions, making this the third solicitation. Staff does not anticipate that issuing a fourth bid would yield more favorable pricing; on the contrary, additional delay could result in higher bid submissions due to market volatility and inflationary pressures. Furthermore, rebidding may jeopardize the City’s ability to utilize the allocated Congestion Mitigation and Air Quality (CMAQ) funds within required timelines, thereby risking the potential loss of that funding.

ATTACHMENTS:

1. Project Map

2. Resolution – Contract Award
a. Exhibit A – Contract Agreement

Attachment 1
Project Map

Project
Area
TS-32 Project Map
Attachment 2
Resolution
RESOLUTION NO. 26-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING THE CONTRACT AWARD FOR TRAFFIC SIGNAL INSTALLATION AT SOUTH STREET AND D STREET CITY PROJECT NO. TS-32, FEDERAL PROJECT CML 5157 (125) IN THE AMOUNT OF $432,367.00 TO

ST FRANCIS ELECTRIC AND AUTHORIZING CONTRACT CONTINGENCIES

RELATED TO THE CONTRACT
WHEREAS, on December 17, 2025 the City of Madera (City) Engineering Department advertised a solicitation for construction bids for Traffic Signal Installation at South Street and D Street City Project No. TS-32, Federal Project CML 5157 (125); hereinafter referred to as “the Project”; and
WHEREAS, seven sealed bids were received on January 27, 2026 and opened by the City Engineer; and
WHEREAS, St Francis Electric, LLC. submitted the lowest bid and was deemed a responsive and responsible bidder; and
WHEREAS, funding for the Project is programmed in the Capital Improvements Projects Budget for Fiscal Year 2025/26 under Capital Improvement Program (CIP) Project TS-32.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds, orders and resolves as follows:

1. The above recitals are true and correct.

2. The City has performed a preliminary environmental assessment for this project and finds and determines that it falls within CEQA Guidelines Section 15301 (Existing Facilities), which exempts the repair, maintenance, or minor alteration of public facilities and equipment. This project is for traffic signal installation at existing intersections at existing roadways and will involve negligible expansion of use as contemplated by CEQA. Furthermore, none of the exceptions to the exemptions under CEQA Guidelines section 15300.2 is applicable to this project. As such the City Council adopts a Class 1 categorical exemption under CEQA Guidelines Section 15301 for this project.

3. The City Council (Council) has reviewed and considered all information presented including the report to Council from the Engineering Department.

4. The City finds that St Francis Electric, LLC. is the lowest responsible and responsive bidder.

5. The Contract for the Project in the amount of $432,637.00 to St Francis Electric, LLC., a copy of which is attached hereto as Exhibit A and referred to for particulars, is approved.

6. Council authorized Construction Contingencies of up to 10 percent as approved by the City Engineer.

7. This Resolution is effective immediately upon adoption. * * * * * *

Exhibit A
Contract Agreement

AGREEMENT
THIS AGREEMENT, made this day of __ , 2026, between the City of Madera, hereinafter called “OWNER”, and St Francis Electric, LLC., doing business as (an individual), or (a partnership), or (a corporation), hereinafter called “CONTRACTOR”.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR shall commence and complete all WORK required for the “TRAFFIC SIGNAL INSTALLATION AT SOUTH STREET AND D STREET CITY PROJECT NO.

TS-32, FEDERAL PROJECT CML 5157 (125)”

2. The CONTRACTOR shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the WORK described herein.

3. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same within the time period set forth in the CONTRACT DOCUMENTS. The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $432,367.00, each and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK.

4. The CONTRACTOR agrees to perform all of the WORK described in the DOCUMENTS for the unit and lump sum prices set forth in the Bid Schedule.

5. The term “CONTRACT DOCUMENTS” means and includes the following:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid Proposal
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Insurance Requirements for Contractors
(I) General Conditions
(J) Special Conditions
(K) City of Madera Standard Specifications and Drawings (L) State Standard Plans and Specifications
(M) PLANS and SPECIFICATIONS prepared or issued by CITY OF MADERA, entitled “TRAFFIC SIGNAL INSTALLATION AT SOUTH
STREET AND D STREET CITY PROJECT NO. TS-32, FEDERAL
PROJECT CML 5157 (125)” dated December 2025.

Addenda No. 1, dated December 18, 2025
Addenda No. 2, dated January 21, 2026
Addenda No. 3, dated January 22, 2026

6. In the event the CONTRACTOR does not complete the WORK within the time limit specified herein or within such further time as authorized, the CONTRACTOR shall pay to the OWNER liquidated damages in the amount of Three Thousand Six Hundred Dollars ($3,600.00) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.

7. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. In no event shall total compensation exceed $432,367.00 except as may otherwise be authorized in writing per Section 16. For any moneys earned by the CONTRACTOR and withheld by the OWNER to ensure the performance of the Contract, the CONTRACTOR may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Division 2, Part 5, Section 22300 of the Public Contract Code of the State of California.

8. In the event of a dispute between the OWNER and the CONTRACTOR as to an interpretation of any of the specifications or as to the quality or sufficiency of material or workmanship, the decision of the OWNER shall for the time being prevail and the CONTRACTOR, without delaying the job, shall proceed as directed by the OWNER without prejudice to a final determination by negotiation, arbitration by mutual consent or litigation, and should the CONTRACTOR be finally determined to be either wholly or partially correct, the OWNER shall reimburse him for any added costs he may have incurred by reason of work done or material supplied beyond the terms of the contract as a result of complying with the OWNER’S directions as aforesaid. In the event the CONTRACTOR shall neglect to prosecute the work properly or fail to perform any provisions of the CONTRACT, the OWNER, after three days written notice to the CONTRACTOR, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the CONTRACTOR, subject to final settlement between the parties as in this paragraph herein above provided.
8A. CLAIMS RESOLUTION PROCESS FOR DISPUTES.

It is the intent of this Contract that disputes regarding the Contract be resolved promptly and fairly between the Contractor and the Owner. However, it is recognized that some disputes will require detailed investigation and review by one or both parties before a determination and resolution can be reached. For the protection of the rights of both the Contractor and the Owner, the following provisions are provided for the resolution of disputes which cannot be resolved by the Owner and the Contractor within three business days after either party gives verbal notice of dispute or potential dispute to the other's attention and prior to the commencement of such work.

The following provisions are intended by Contractor and Owner to comply with Public Contract Code Sections 9204 and 20104 et. seq.

A. Claims:

The term “claim” refers to a separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

1. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by Owner under this Contract.

2. Payment by the Owner of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.

3. Payment of an amount that is disputed by the Owner.

B. The Claim Must Be Timely and in Writing:

For all claims the claim must be in writing and include the documents necessary to substantiate the claim. A notice of potential claim must be filed within five (5) business days of Contractor’s completion of work that is a potential claim. Notice of an actual claim must be filed on or before the date of final payment.

C. Receipt of Claim by Owner:

Upon receipt of a claim pursuant to this section, the Owner will conduct a reasonable review of the claim and, within a period not to exceed 45 days from the date of receipt, will provide the Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, Owner and Contractor may, by mutual agreement, extend the time period provided in this section.

The Contractor shall furnish reasonable documentation to support the claim.

If additional information is thereafter required, it shall be requested and provided upon mutual agreement by the Owner and the Contractor. The District's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation.

D. City Council Approval:

If the Owner needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the Owner shall have up to three days following the next duly publicly noticed regular meeting of the City Council after the 45-day period or extension expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

E. Payment of Claim:

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. If the Owner fails to issue a written statement, paragraph F below shall apply.

F. Meet and Confer:

If the Contractor disputes the Owner’s written response, or if the Owner fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the Owner shall schedule a meet and confer conference within 30 days for settlement of the dispute.

Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Owner shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the Owner and the Contractor sharing the associated costs equally. The Owner and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing.

If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

Under this Contract, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

Unless otherwise agreed to by the Owner and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

If mediation as set forth above does not resolve the parties’ dispute, the parties will proceed to arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program.

G. Filing a Government Code Written Claim Notice:

Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor may file a claim under the Torts Claims Act as provided in Chapter 1 (commencing with Section 900) and Chapter 2 commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code Section 900.

H. Owner’s Failure to Respond to Claim:

Failure by the Owner to respond to a claim from Contractor within the time periods described above or to otherwise meet the time requirements set forth above shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the Owner’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor.

I. Reserved.

J. Subcontractor Claims:

If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against Owner because privity of contract does not exist, the Contractor may present to the Owner a claim on behalf of a subcontractor or lower tier subcontractor. For purposes of this paragraph, the term “subcontractor’ means any type of subcontractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with the Contractor or is a lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the Owner shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the Owner and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

K. Filing of Action on Unresolved Claims:

The parties shall follow the procedures set forth in Public Contracts Code Section 20104.4 if an action is filed to resolve claims under the foregoing provisions. Any action shall be filed in Madera County.

9. Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical conditions, marital status, or sex of such persons except as provided in Section 12940 of the Government Code, and every contractor for public works violating this section is subject to all the penalties imposed for by violation of this chapter”.

10. In accordance with the provisions of Article 5, Chapter l, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part l, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the CONTRACTOR is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Worker’s Compensation Insurance.

The undersigned CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against Liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the WORK of this Agreement.

11. The CONTRACTOR shall comply with Part 7, Chapter l, Article 2, Section 1775 of the Labor Code of the State of California. The CONTRACTOR shall, as a penalty to the OWNER, forfeit fifty dollars ($50.00) for each calendar day, or portion thereof, for each workman paid less than the prevailing rates for such work or craft in which such workman is employed for any public work done under the Contract by him or by any SUBCONTRACTOR under him. The difference between such prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than a prevailing wage rate, shall be paid to each workman by the CONTRACTOR.

12. The CONTRACTOR shall comply with Part 7, Chapter l, Article 2, Section 1776 of the Labor Code of the State of California. The CONTRACTOR shall keep and require that all SUBCONTRACTORS keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice worker or other employee employed by him in connection with public work. Such payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR by the OWNER, its officers and agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. In the event of non-compliance with the requirements of Section 1776, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply. Should non-compliance still be evident after the ten (10) day period, the CONTRACTOR shall, as a penalty to the OWNER forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated.

Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.

13. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the CONTRACTOR or any SUBCONTRACTOR under him. It is the CONTRACTOR’S responsibility to ensure compliance by both itself and all SUBCONTRACTORS.

Section 1777.5 provides, in part, as follows:

The CONTRACTOR or SUBCONTRACTOR, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeyman stipulated in the apprenticeship standards. Upon proper showing by the CONTRACTOR that he employs apprentices in the craft or trade in the State on all of his/her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeyman, the Division of Apprenticeship Standards may grant a certification exempting the CONTRACTOR from the one (1) to five (5) hourly ratio as set forth in this section. This section shall not apply to contracts of general CONTRACTORS or to contracts of specialty contractors not bidding for work through a general or prime CONTRACTOR, when the contracts of general CONTRACTORS, or those specialty CONTRACTORS involve less than thirty thousand dollars ($30,000). Any work performed by a journeyman in excess of eight hours per day or forty (40) hours per week shall not be used to calculate the hourly ratio required by this section.

Apprenticeable craft or trade, as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a CONTRACTOR from the 1 to 5 ratio set forth in this section when it finds that any one of the following conditions is met:
(a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5, or
(c) If there is a showing that the apprenticeable craft or trade is replacing at least onethirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or
(d) If assignment of an apprentice to any work performed under a public works contract would create a condition which should jeopardize his life or the life, safety, or property of fellow employees, or the public at large or if the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.

When such exemptions are granted to an organization which represents CONTRACTORS in a specific trade from the 1 to 5 ratio on a local or statewide basis the member CONTRACTORS will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards.

The CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in apprenticeable trade on such contracts and if other CONTRACTORS on the public work site are making such contributions. The CONTRACTOR, and any SUBCONTRACTOR under him, shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices. Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Division of Apprenticeship Standards. Consult the white pages of your telephone directory under California, State of, Industrial Relations, Apprenticeship Standards, for the telephone number and address of the nearest office. Willful failure by the CONTRACTOR to comply with the provisions of Sections 1777.5 will subject the CONTRACTOR to the penalties set forth in Section 1777.7 of the Labor Code.

14. Pursuant to California Labor Code Section 1813, eight hours in any one calendar day and forty (40) hours in any calendar week shall be the maximum hours any workman is required or permitted to work, except in cases of extraordinary emergency caused by fires, flood, or danger to life and property. The CONTRACTOR doing the work, or his duly authorized agent, shall file with OWNER a report, verified by his oath, setting forth the nature of the said emergency, which report shall contain the name of said worker and the hours worked by him on the said day, and the CONTRACTOR and each SUBCONTRACTOR shall also keep an accurate record showing the names and actual hours worked of all workers employed by him in connection with the work contemplated by this Agreement, which record shall be open at all reasonable hours to the inspection of the OWNER, or its officer or agents and to the Chief of all Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations, his deputies or agents; and it is hereby further agreed that said CONTRACTOR shall forfeit as a penalty to the OWNER the sum of Twenty-Five Dollars ($25.00) for each laborer, workman or any SUBCONTRACTOR under him for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of this stipulation.

Overtime and shift work may be established as a regular procedure by the CONTRACTOR with reasonable notice and written permission of the OWNER. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 P.M. and 7:00 A.M. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.

CONTRACTOR agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays and weekdays.

Costs of overtime inspection will cover engineering, inspection, general supervision and overhead expenses which are directly chargeable to the overtime work. CONTRACTOR agrees that OWNER shall deduct such charges from payments due the CONTRACTOR.

15. The CONTRACTOR shall comply with Division 2, Chapter 4, Part 1 of the Public Contract Code relating to subletting and subcontracting, specifically included but not limited to Sections 4104, 4106, and 4110, which by this reference are incorporated into this Agreement as though fully set forth herein.

16. The CONTRACTOR and the OWNER agree that changes in this Agreement or in the work to be done under this Agreement shall become effective only when written in the form of a supplemental agreement or change order and approved and signed by the OWNER and the CONTRACTOR. It is specifically agreed that the OWNER shall have the right to request any alterations, deviations, reductions or additions to the contract or the plans and specifications or any of them, and the amount of the cost thereof shall be added to or deducted from the amount of the contract price aforesaid by fair and reasonable valuations thereof.

This contract shall be held to be completed when the work is finished in accordance with the original plans and specifications as amended by such changes. No such change or modification shall release or exonerate any surety upon any guaranty or bond given in connection with this contract.

17. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this AGREEMENT, except such loss or damage caused by the sole active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation, reasonable legal counsel fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

Contractor agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this Section from each and every Subcontractor and Subconsultant, of every Tier. In the event the Contractor fails to do so, Contractor agrees to be fully responsible to provide such defense and indemnification according to the terms of this Section.

18. Contractor must comply with the insurance requirements as described in the section “INSURANCE REQUIREMENTS FOR CONTRACTOR”, pages 42-43 of the Contract Documents.

19. Amendments- Any changes to this Agreement requested by either City or St Francis Electric, LLC. may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such writing.

20. Termination.

A. This Agreement may be terminated at any time by either party upon fifteen (15) calendar days written notice. In the event the Agreement is terminated by either party, St Francis Electric, LLC. shall be compensated for services performed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to together with such additional services performed after termination which are authorized in writing by the City representative to wind up the work performed to date of termination.

B. City may immediately suspend or terminate this Agreement in whole or in part by written notice where, if in the determination of City, there is:

1. An illegal use of funds by St Francis Electric, LLC.

2. A failure by St Francis Electric, LLC. to comply with any material term of this Agreement;

3. A substantially incorrect or incomplete report submitted by St Francis Electric, LLC. to City.

In no event shall any payment by City or acceptance by St Francis Electric, LLC. constitute a waiver by such party of any breach of this Agreement or any default which may then exist on the part of either party. Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. City shall have the right to demand of St Francis Electric, LLC. the repayment to City of any funds disbursed St Francis Electric, LLC. under this Agreement which, as determined by the appropriate court or arbitrator, were not expended in accordance with the terms of this Agreement.

Notice of termination shall be mailed to the City:

City of Madera
Engineering Department
428 E. Yosemite Avenue
Madera, Ca 93638
To the Contractor St Francis Electric, LLC.:

St Francis Electric, LLC.
975 Carden Street
San Leandro, CA 94544
Notices. All notices and communications from the St Francis Electric, LLC. shall be to City's designated Project Manager or Principal-In-Charge. Verbal communications shall be confirmed in writing. All written notices shall be provided and addressed as soon as possible, but not later than thirty (30) days after termination.

21. Compliance With Laws- City shall comply with all Federal, State and local laws, ordinances, regulations and provisions applicable in the performance of City’s services.

Wherever reference is made in this Agreement to standards or codes in accordance with which work is to be performed or tested, the edition or revision of the standards or codes current on the effective date of this Agreement shall apply, unless otherwise expressly stated.

22. Attorneys’ Fees/Venue- In the event that any action is brought to enforce the terms of this Agreement, the party found by the court to be in default agrees to pay reasonable attorneys’ fees to the successful party in an amount to be fixed by the Court. The venue for any claim being brought for breach of this Agreement shall be in Madera County or as appropriate in the U.S. District Court for the Eastern District of California, located in the City of Fresno.

23. Governing Law- The laws of the State of California shall govern the rights and obligations of the parties under the Agreement, including the interpretation of the Agreement. If any part of the Agreement is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the Agreement.

24. City’s Authority- Each individual executing or attesting to this Agreement on behalf of the City hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with a duly adopted resolution of the corporation’s articles of incorporation or charter and bylaws; (ii) that this Agreement is binding upon such corporation; and (iii) that Contractor is a duly organized and legally existing municipal corporation in good standing in the State of California.

25. Contractor’s Legal Authority - Each individual executing or attesting this Agreement on behalf of St Francis Electric, LLC. hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with such corporation’s articles of incorporation or charter and bylaws; (ii) that this Agreement is binding upon such corporation; and (iii) that St Francis Electric, LLC. is a duly organized and legally existing corporation in good standing in the State of California.

26. Remedies for Default. Failure by a party to perform any term, condition or covenant required of the party under this Agreement shall constitute a “default” of the offending party under this Agreement. In the event that a default remains uncured for more than ten (10) days following receipt of written notice of default from the other party, a "breach" shall be deemed to have occurred. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.

27. Independent Contractor. In performance of the work, duties, and obligations assumed by the Contractor under this Agreement, it is mutually understood and agreed that the City, including any and all of City’s officers, agents and employees will, at all times, be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of City.

Furthermore, City shall have no right to control or supervise or direct the manner or method by which City shall perform its work and functions. The City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over the subject matter hereof.

Because of its status as an independent contractor, City shall have absolutely no right to employment rights and benefits available to City employees. City shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee benefits. In addition, City shall be solely responsible and hold City harmless from all matters relating to payment of City’s employees, including compliance with Social Security, withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, City may be providing services to others unrelated to City or to this Agreement.

28.Sole Agreement- This instrument constitutes the sole and only Agreement between City and St Francis Electric, LLC. in connection to the Project and correctly sets forth the obligations of the City and St Francis Electric, LLC. to each other as of its date. Any Agreements or representations in connection with the Project, not expressly set forth in this instrument are null and void.

29. Assignment-Neither the St Francis Electric, LLC. nor City will assign its interest in this Agreement without the written consent of the other.

30. Caltrans is required by 23 code of Federal Regulations (CFR), part 200, Section 200.9 (b)(7) to conduct reviews of sub-recipients (Local Agencies) of federal-aid to ensure compliance with Title VI of the Civil Rights Act of 1964 and the relates statues (Title VI) through the requirements under the Federal Highway Administration (FHWA), the U.S. Department of Transportation (USDOT), and the U.S. Department of Justice (USDOJ) regulations and guidance materials related to the implementation of Title VI.

The scope of the process reviews conducted by Caltrans focuses on the Local Agency’s adherence to the FHWA’s Title VI Program (Race, Color and National Origin) and the related statues protecting additional classes as required under • Federal-Aid Highway Act of 1973 (Sex)
• The Age Discrimination Act of 1975 (Age), and
• The Americans with Disabilities Act of 1990 (ADA)(Disability) and Section 504 of the Rehabilitation Act of 1973 (Disability).

31. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

IN WITNESS WHEREOF the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement on the date first above written.

City of Madera
Herein Called OWNER
By:

Cecelia K. Gallegos, Mayor
APPROVE AS TO FORM:

Shannon L. Chaffin, City Attorney
ATTEST:

Alicia Gonzales, City Clerk
BY:

Herein Called CONTRACTOR
BY:

Federal Tax I.D. No.

Contractor License Number

DIR Registration Number
Attachment A) General Wage Decision No. CA20260018.

Attachment B) Form FHWA 1273 required to be incorporated into all contracts with Contractors and Subcontractors.

NOTE: This Notary Acknowledgment on the following page is required for verification of Contractor’s signature.

Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of ______________ )
On ______________, 2026 before me, ______________________________________ (insert name and title of officer)
Personally appeared __________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ___________________________________ (Seal)
"General Decision Number: CA20260018 01/16/2026
Superseded General Decision Number: CA20250018
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and Tuolumne Counties in California.

BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date
0 01/02/2026
1 01/09/2026
2 01/16/2026
ASBE0016-004 05/01/2025
AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED,

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

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

CLARA COUNTIES
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)
Area 1......................$ 34.56 11.40
Area 2......................$ 44.73 12.75
---------------------------------------------------------------- ASBE0016-008 01/01/2024
AREA 1: ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN

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

MERCED, SAN JOAQUIN, STANISLAUS, & TUOLUMNE
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
Protective Coverings,
Coatings, and Finishes to all
types of mechanical systems)
Area 1......................$ 84.76 25.07
Area 2......................$ 64.56 25.07
---------------------------------------------------------------- BOIL0549-001 01/01/2021
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA

CLARA COUNTIES
AREA 2: REMAINING COUNTIES
Rates Fringes

BOILERMAKER
Area 1......................$ 49.62 41.27
Area 2......................$ 45.60 38.99
Attachment A Federal Wage Rates
---------------------------------------------------------------- BRCA0003-001 08/01/2024
Rates Fringes
MARBLE FINISHER..................$ 42.06 19.80
---------------------------------------------------------------- BRCA0003-003 08/01/2024
Rates Fringes
MARBLE MASON.....................$ 61.72 30.31
---------------------------------------------------------------- BRCA0003-005 05/01/2024
Rates Fringes

BRICKLAYER
( 1) Fresno, Kings,
Madera, Mariposa, Merced....$ 51.17 25.80
( 7) San Francisco, San
Mateo.......................$ 57.02 28.50
( 8) Alameda, Contra
Costa, San Benito, Santa
Clara.......................$ 56.94 26.28
( 9) Calaveras, San
Joaquin, Stanislaus,
Toulumne....................$ 52.76 25.01
(16) Monterey, Santa Cruz...$ 54.18 27.82
---------------------------------------------------------------- BRCA0003-008 07/01/2024
Rates Fringes
TERRAZZO FINISHER................$ 44.93 20.98
TERRAZZO WORKER/SETTER...........$ 60.58 29.79
---------------------------------------------------------------- BRCA0003-011 04/01/2024
AREA 1: Alameda, Contra Costa, Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz
AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne
AREA 3: Fresno, Kings, Madera, Mariposa, Merced
Rates Fringes

TILE FINISHER
Area 1......................$ 37.75 19.28
Area 2......................$ 34.76 19.22
Area 3......................$ 32.68 18.32
Tile Layer
Area 1......................$ 59.92 22.62
Area 2......................$ 55.17 22.52
Area 3......................$ 50.28 22.05
---------------------------------------------------------------- CARP0022-001 07/01/2023
San Francisco County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 60.39 33.52
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 60.54 33.52
Journeyman Carpenter........$ 60.39 33.52
Millwright..................$ 60.49 35.11
---------------------------------------------------------------- CARP0034-001 07/01/2021
Rates Fringes
Diver
Assistant Tender, ROV
Tender/Technician...........$ 54.10 34.69
Diver standby...............$ 60.51 34.69
Diver Tender................$ 59.51 34.69
Diver wet...................$ 103.62 34.69
Manifold Operator (mixed
gas)........................$ 64.51 34.69
Manifold Operator (Standby).$ 59.51 34.69
DEPTH PAY (Surface Diving):
050 to 100 ft $2.00 per foot
101 to 150 ft $3.00 per foot
151 to 220 ft $4.00 per foot
221 ft.-deeper $5.00 per foot
SATURATION DIVING:

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

DIVING IN ENCLOSURES:

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

WORK IN COMBINATION OF CLASSIFICATIONS:

Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift.
---------------------------------------------------------------- CARP0034-003 07/01/2021
Rates Fringes
Piledriver.......................$ 54.10 34.69
---------------------------------------------------------------- CARP0035-007 07/01/2020
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San Joaquin, Stanislaus, Tuolumne Counties
Rates Fringes
Modular Furniture Installer
Area 1
Installer..................$ 28.76 22.53
Lead Installer.............$ 32.21 23.03
Master Installer...........$ 36.43 23.03
Area 2
Installer..................$ 26.11 22.53
Lead Installer.............$ 29.08 23.03
Master Installer...........$ 32.71 23.03
Area 3
Installer..................$ 25.16 22.53
Lead Installer.............$ 27.96 23.03
Master Installer...........$ 31.38 23.03
---------------------------------------------------------------- CARP0035-008 08/01/2020
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: San Joaquin
AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Stanislaus, Tuolumne Counties
Rates Fringes
Drywall Installers/Lathers:

Area 1......................$ 52.65 31.26
Area 2......................$ 46.77 31.26
Area 3......................$ 47.27 31.26
Area 4......................$ 45.92 31.26
Drywall Stocker/Scrapper
Area 1......................$ 26.33 18.22
Area 2......................$ 23.39 18.22
Area 3......................$ 23.64 18.22
Area 4......................$ 22.97 18.22
---------------------------------------------------------------- CARP0152-001 07/01/2020
Contra Costa County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 52.80 30.82
Journeyman Carpenter........$ 52.65 30.82
Millwright..................$ 52.75 32.41
---------------------------------------------------------------- CARP0152-002 07/01/2020
San Joaquin County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 46.92 30.82
Journeyman Carpenter........$ 46.77 30.82
Millwright..................$ 49.27 32.41
---------------------------------------------------------------- CARP0152-004 07/01/2020
Calaveras, Mariposa, Merced, Stanislaus and Tuolumne Counties Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 45.57 30.82
Journeyman Carpenter........$ 45.42 30.82
Millwright..................$ 47.92 32.41
---------------------------------------------------------------- CARP0217-001 07/01/2023
San Mateo County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 60.39 33.52
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 60.54 33.52
Journeyman Carpenter........$ 60.39 33.52
Millwright..................$ 60.49 35.11
---------------------------------------------------------------- CARP0405-001 07/01/2021
Santa Clara County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
---------------------------------------------------------------- CARP0405-002 07/01/2021
San Benito County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
---------------------------------------------------------------- CARP0505-001 07/01/2021
Santa Cruz County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
---------------------------------------------------------------- CARP0605-001 07/01/2021
Monterey County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
---------------------------------------------------------------- CARP0701-001 07/01/2021
Fresno and Madera Counties
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 47.77 31.49
Journeyman Carpenter........$ 47.62 31.49
Millwright..................$ 50.12 33.08
---------------------------------------------------------------- CARP0713-001 07/01/2021
Alameda County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
---------------------------------------------------------------- CARP1109-001 07/01/2021
Kings County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 47.77 31.49
Journeyman Carpenter........$ 47.62 31.49
Millwright..................$ 50.12 33.08
---------------------------------------------------------------- ELEC0006-004 12/01/2025

SAN FRANCISCO COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 58.83 3%+29.75
Technician..................$ 67.65 3%+29.75
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0006-007 06/01/2024

SAN FRANCISCO COUNTY
Rates Fringes
ELECTRICIAN......................$ 91.25 3%+45.315
---------------------------------------------------------------- ELEC0100-002 09/01/2025

FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
ELECTRICIAN......................$ 50.00 30.15
---------------------------------------------------------------- ELEC0100-005 12/01/2024

FRESNO, KINGS, MADERA
Rates Fringes
Communications System
Installer...................$ 45.28 28.01
Technician..................$ 52.07 28.21

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

A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS
Background foreground music, Intercom and telephone
interconnect systems, Telephone systems Nurse call systems, Radio page systems, School intercom and sound systems,
Burglar alarm systems, Low voltage, master clock systems, Multi-media/multiplex systems, Sound and musical
entertainment systems, RF systems, Antennas and Wave Guide, B. FIRE ALARM SYSTEMS Installation, wire pulling and testing C. TELEVISION AND VIDEO SYSTEMS Television monitoring and surveillance systems Video security systems, Video
entertainment systems, Video educational systems, Microwave transmission systems, CATV and CCTV
D. SECURITY SYSTEMS Perimeter security systems Vibration sensor systems Card access systems Access control systems, Sonar/infrared monitoring equipment
E. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE

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

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

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

2. The conductors for the fire alarm system are installed in conduit.
---------------------------------------------------------------- ELEC0234-001 12/30/2025

MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes

ELECTRICIAN
Zone A......................$ 70.41 33.76
Zone B......................$ 77.45 33.97
Zone A: All of Santa Cruz, Monterey, and San Benito Counties within 25 air miles of Highway 1 and Dolan Road in Moss Landing, and an area extending 5 miles east and west of Highway 101 South to the San Luis Obispo County Line
Zone B: Any area outside of Zone A
---------------------------------------------------------------- ELEC0234-003 12/01/2021

MONTEREY, SAN BENITO, AND SANTA CRUZ COUNTIES
Rates Fringes
Sound & Communications
Installer...................$ 47.93 24.09
Technician..................$ 55.12 24.30
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0302-001 03/01/2025

CONTRA COSTA COUNTY
Rates Fringes
CABLE SPLICER....................$ 74.54 36.09
ELECTRICIAN......................$ 66.26 35.84
---------------------------------------------------------------- ELEC0302-003 12/01/2025

CONTRA COSTA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 53.08 3%+29.25
Technician..................$ 61.04 3%+29.25
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0332-001 06/01/2025

SANTA CLARA COUNTY
Rates Fringes
CABLE SPLICER....................$ 104.68 49.46
ELECTRICIAN......................$ 91.03 49.05
FOOTNOTES: Work under compressed air or where gas masks are required, orwork on ladders, scaffolds, stacks, ""Bosun's chairs,"" or other structures and where the workers are not protected by permanent guard rails at a distance of 40 to 60 ft. from the ground or supporting structures: to be paid one and one-half times the straight-time rate of pay.

Work on structures of 60 ft. or over (as described above):
to be paid twice the straight-time rate of pay.
---------------------------------------------------------------- ELEC0332-003 12/01/2025

SANTA CLARA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 58.33 31.00
Technician..................$ 67.08 31.26
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0595-001 06/01/2025

ALAMEDA COUNTY
Rates Fringes
CABLE SPLICER....................$ 87.40 3%+46.79
ELECTRICIAN......................$ 76.00 3%+46.79
---------------------------------------------------------------- ELEC0595-002 06/01/2024

CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
CABLE SPLICER....................$ 59.34 3%+30.48

ELECTRICIAN
(1) Tunnel work.............$ 51.92 3%+30.48
(2) All other work.........$ 49.45 3%+30.48
---------------------------------------------------------------- ELEC0595-006 12/01/2024

ALAMEDA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 56.68 3%+26.65
Technician..................$ 65.18 3%+26.65
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0595-008 12/01/2024

CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
Communications System
Installer...................$ 45.28 3%+26.65
Technician..................$ 52.07 3%+26.65
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0617-001 06/01/2025

SAN MATEO COUNTY
Rates Fringes
ELECTRICIAN......................$ 86.00 51.07
---------------------------------------------------------------- ELEC0617-003 12/01/2025

SAN MATEO COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 58.33 31.00
Technician..................$ 67.08 31.26
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0684-001 12/01/2024

MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
ELECTRICIAN......................$ 48.50 30.09
CABLE SPLICER = 110% of Journeyman Electrician
---------------------------------------------------------------- ELEC0684-004 12/01/2024

MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
Communications System
Installer...................$ 45.28 28.01
Technician..................$ 52.07 28.21
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC1245-001 01/01/2025
Rates Fringes

LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 70.16 24.71
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 53.30 22.26
(3) Groundman...............$ 40.76 21.76
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
---------------------------------------------------------------- ELEV0008-001 01/01/2025
Rates Fringes
ELEVATOR MECHANIC................$ 84.05 38.435+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
---------------------------------------------------------------- ENGI0003-001 06/30/2025
""AREA 1"" WAGE RATES ARE LISTED BELOW
""AREA 2"" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1 RATES.

SEE AREA DEFINITIONS BELOW
Rates Fringes
OPERATOR: Power Equipment
(AREA 1:)
GROUP 1.....................$ 66.96 32.53
GROUP 2.....................$ 65.43 32.53
GROUP 3.....................$ 63.95 32.53
GROUP 4.....................$ 62.57 32.53
GROUP 5.....................$ 61.30 32.53
GROUP 6.....................$ 59.98 32.53
GROUP 7.....................$ 58.84 32.53
GROUP 8.....................$ 57.70 32.53
GROUP 8-A...................$ 55.49 32.53
OPERATOR: Power Equipment
(Cranes and Attachments -
AREA 1:)
GROUP 1
Cranes.....................$ 68.59 32.53
Oiler......................$ 43.79 31.15
Truck crane oiler..........$ 46.08 31.15
GROUP 2
Cranes.....................$ 66.08 32.53
Oiler......................$ 42.83 31.15
Truck crane oiler..........$ 45.07 31.15
GROUP 3
Cranes.....................$ 64.34 32.53
Hydraulic..................$ 59.98 32.53
Oiler......................$ 42.55 31.15
Truck crane oiler..........$ 44.83 31.15
GROUP 4
Cranes.....................$ 61.30 32.53
OPERATOR: Power Equipment
(Piledriving - AREA 1:)
GROUP 1
Lifting devices............$ 52.64 31.15
Oiler......................$ 43.38 31.15
Truck Crane Oiler..........$ 45.66 31.15
GROUP 2
Lifting devices............$ 50.82 31.15
Oiler......................$ 43.11 31.15
Truck Crane Oiler..........$ 45.41 31.15
GROUP 3
Lifting devices............$ 49.14 31.15
Oiler......................$ 42.89 31.15
Truck Crane Oiler..........$ 45.12 31.15
GROUP 4
Lifting devices............$ 47.37 31.15
GROUP 5
Lifting devices............$ 44.73 31.15
GROUP 6
Lifting devices............$ 42.50 31.15
OPERATOR: Power Equipment
(Steel Erection - AREA 1:)
GROUP 1
Cranes.....................$ 68.81 32.53
Oiler......................$ 43.72 31.15
Truck Crane Oiler..........$ 45.95 31.15
GROUP 2
Cranes.....................$ 67.04 32.53
Oiler......................$ 43.45 31.15
Truck Crane Oiler..........$ 45.73 31.15
GROUP 3
Cranes.....................$ 65.56 32.53
Hydraulic..................$ 45.07 31.15
Oiler......................$ 43.23 31.15
Truck Crane Oiler..........$ 45.46 31.15
GROUP 4
Cranes.....................$ 63.54 32.53
GROUP 5
Cranes.....................$ 62.24 32.53
OPERATOR: Power Equipment
(Tunnel and Underground Work
- AREA 1:)
SHAFTS, STOPES, RAISES:

GROUP 1....................$ 63.06 32.53
GROUP 1-A..................$ 65.53 32.53
GROUP 2....................$ 61.80 32.53
GROUP 3....................$ 60.47 32.53
GROUP 4....................$ 59.33 32.53
GROUP 5....................$ 58.19 32.53
UNDERGROUND:

GROUP 1....................$ 62.96 32.53
GROUP 1-A..................$ 65.43 32.53
GROUP 2....................$ 61.70 32.53
GROUP 3....................$ 60.37 32.53
GROUP 4....................$ 59.23 32.53
GROUP 5....................$ 58.09 32.53
FOOTNOTE: Work suspended by ropes or cables, or work on a Yo-Yo Cat: $.60 per hour additional.

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

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

GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine assistant to engineer or mechanic; Crane
mounted continuous flight tie back machine, tonnage to
apply; Crane mounted drill attachment, tonnage to apply; Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over; Long reach excavator; Multiple engine scraper (when used as push pull); Power shovels, up to and including 1 cu. yd.; Pre-stress wire wrapping machine; Side boom cat, 572 or larger; Track
loader 4 cu. yds. and over; Wheel excavator (up to and
including 750 cu. yds. per hour)
GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to and including 3/4 cu. yd.; Concrete batch plant (wet or dry); Dozer and/or push cat; Pull- type elevating loader; Gradesetter, grade
checker (GPS, mechanical or otherwise); Grooving and
grinding machine; Heading shield operator; Heavy-duty
drilling equipment, Hughes, LDH, Watson 3000 or similar; Heavy-duty repairperson and/or welder; Lime spreader;
Loader under 4 cu. yds.; Lubrication and service engineer (mobile and grease rack); Mechanical finishers or spreader machine (asphalt, Barber-Greene and similar); Miller
Formless M-9000 slope paver or similar; Portable crushing and screening plants; Power blade support; Roller operator, asphalt; Rubber-tired scraper, self-loading (paddle-wheels, etc.); Rubber- tired earthmoving equipment (scrapers); Slip form paver (concrete); Small tractor with drag; Soil
stabilizer (P & H or equal); Spider plow and spider puller; Tubex pile rig; Unlicensed constuction work boat operator, on site; Timber skidder; Track loader up to 4 yds.;
Tractor-drawn scraper; Tractor, compressor drill
combination; Welder; Woods-Mixer (and other similar Pugmill equipment)
GROUP 5: Cast-in-place pipe laying machine; Combination slusher and motor operator; Concrete conveyor or concrete pump, truck or equipment mounted; Concrete conveyor,
building site; Concrete pump or pumpcrete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring machinery, horizontal (not to apply to waterliners, wagon drills or jackhammers); Concrete mixer/all; Person and/or material hoist; Mechanical finishers (concrete)
(Clary, Johnson, Bidwell Bridge Deck or similar types); Mechanical burm, curb and/or curb and gutter machine,
concrete or asphalt); Mine or shaft hoist; Portable
crusher; Power jumbo operator (setting slip-forms, etc., in tunnels); Screed (automatic or manual); Self-propelled
compactor with dozer; Tractor with boom D6 or smaller;
Trenching machine, maximum digging capacity over 5 ft.
depth; Vermeer T-600B rock cutter or similar
GROUP 6: Armor-Coater (or similar); Ballast jack tamper; Boom- type backfilling machine; Assistant plant engineer; Bridge and/or gantry crane; Chemical grouting machine,
truck-mounted; Chip spreading machine operator; Concrete saw (self-propelled unit on streets, highways, airports and canals); Deck engineer; Drilling equipment Texoma 600,
Hughes 200 Series or similar up to and including 30 ft. m.r.c.; Drill doctor; Helicopter radio operator;
Hydro-hammer or similar; Line master; Skidsteer loader, Bobcat larger than 743 series or similar (with
attachments); Locomotive; Lull hi-lift or similar; Oiler, truck mounted equipment; Pavement breaker, truck-mounted, with compressor combination; Paving fabric installation and/or laying machine; Pipe bending machine (pipelines
only); Pipe wrapping machine (tractor propelled and
supported); Screed (except asphaltic concrete paving);
Self- propelled pipeline wrapping machine; Tractor;
Self-loading chipper; Concrete barrier moving machine
GROUP 7: Ballast regulator; Boom truck or dual-purpose
A-frame truck, non-rotating - under 15 tons; Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r.c.; Firetender (hot plant); Grouting machine operator; Highline cableway signalperson; Stationary belt loader (Kolman or similar); Lift slab
machine (Vagtborg and similar types); Maginnes internal full slab vibrator; Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor combination); Pipe cleaning machine (tractor propelled and supported); Post driver; Roller (except asphalt); Chip
Seal; Self-propelled automatically applied concrete curing mahcine (on streets, highways, airports and canals);
Self-propelled compactor (without dozer); Signalperson; Slip-form pumps (lifting device for concrete forms); Tie spacer; Tower mobile; Trenching machine, maximum digging capacity up to and including 5 ft. depth; Truck- type loader GROUP 8: Bit sharpener; Boiler tender; Box operator;
Brakeperson; Combination mixer and compressor
(shotcrete/gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator;
Gunite/shotcrete equipment operator; Hydraulic monitor; Ken seal machine (or similar); Mixermobile; Oiler; Pump
operator; Refrigeration plant; Reservoir-debris tug (self- propelled floating); Ross Carrier (construction site);
Rotomist operator; Self-propelled tape machine; Shuttlecar; Self-propelled power sweeper operator (includes vacuum
sweeper); Slusher operator; Surface heater; Switchperson; Tar pot firetender; Tugger hoist, single drum; Vacuum
cooling plant; Welding machine (powered other than by
electricity)
GROUP 8-A: Elevator operator; Skidsteer loader-Bobcat 743 series or smaller, and similar (without attachments); Mini excavator under 25 H.P. (backhoe-trencher); Tub grinder wood chipper
----------------------------------------------------------

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

PILEDRIVERS
GROUP 1: Derrick barge pedestal mounted over 100 tons;
Clamshell over 7 cu. yds.; Self-propelled boom-type lifting device over 100 tons; Truck crane or crawler, land or barge mounted over 100 tons
GROUP 2: Derrick barge pedestal mounted 45 tons to and
including 100 tons; Clamshell up to and including 7 cu. yds.; Self-propelled boom-type lifting device over 45 tons; Truck crane or crawler, land or barge mounted, over 45 tons up to and including 100 tons; Fundex F-12 hydraulic pile rig GROUP 3: Derrick barge pedestal mounted under 45 tons; Self- propelled boom-type lifting device 45 tons and under;
Skid/scow piledriver, any tonnage; Truck crane or crawler, land or barge mounted 45 tons and under
GROUP 4: Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over; Heavy-duty repairperson/welder GROUP 5: Deck engineer
GROUP 6: Deckhand; Fire tender
-------------------------------------------------------------

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

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

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

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

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

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

STANISLAUS, TUOLUMNE
AREA 2 -NOTED BELOW
THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:

CALAVERAS COUNTY:

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

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

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

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

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

Area 1: Remainder
Area 2: Eastern Part
---------------------------------------------------------------- ENGI0003-008 08/01/2024
Rates Fringes
Dredging: (DREDGING:

CLAMSHELL & DIPPER DREDGING;
HYDRAULIC SUCTION DREDGING:)
AREA 1:
(1) Leverman...............$ 60.61 39.55
(2) Dredge Dozer; Heavy
duty repairman.............$ 55.65 39.55
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 54.53 39.55
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 51.23 39.55
AREA 2:
(1) Leverman...............$ 62.61 39.55
(2) Dredge Dozer; Heavy
duty repairman.............$ 57.65 39.55
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 56.53 39.55
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 53.23 39.55

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

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

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

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

ALPINE COUNTY:

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

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

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

Area 1: North Central part
Area 2: Remainder
FRESNO COUNTY:

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

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

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

Area 1: Except Eastern part
Area 2: Eastern part

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

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

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

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

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

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

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

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

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

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

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

Area 1: Except Eastern part
Area 2: Eastern part
---------------------------------------------------------------- ENGI0003-019 06/30/2025

SEE AREA DESCRIPTIONS BELOW
Rates Fringes
OPERATOR: Power Equipment
(LANDSCAPE WORK ONLY)
GROUP 1
AREA 1.....................$ 55.85 28.56
AREA 2.....................$ 57.85 28.56
GROUP 2
AREA 1.....................$ 52.25 28.56
AREA 2.....................$ 54.25 28.56
GROUP 3
AREA 1.....................$ 47.64 28.56
AREA 2.....................$ 49.64 28.56
GROUP DESCRIPTIONS:

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

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

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

AREA DESCRIPTIONS:

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

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

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

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

ALPINE COUNTY:

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

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

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

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

Area 1: North Central part
Area 2: Remainder

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

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

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

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

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

MADERA COUNTY
Area 1: Remainder
Area 2: Eastern part

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

Area 1: Central and Southeastern parts
Area 2: Remainder

MONTEREY COUNTY
Area 1: Remainder
Area 2: Southwestern part
NEVADA COUNTY:

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

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

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

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

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

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

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

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

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

Area 1: Remainder
Area 2: Eastern Part
---------------------------------------------------------------- IRON0377-001 01/01/2025

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

Fence Erector...............$ 45.78 26.51
Ornamental, Reinforcing
and Structural..............$ 55.33 35.15
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 ---------------------------------------------------------------- IRON0377-003 01/01/2025
SAN FRANCISCO CITY and COUNTY
Rates Fringes
Ironworkers:

Fence Erector...............$ 45.78 26.51
Ornamental, Reinforcing
and Structural..............$ 55.83 35.15
PREMIUM PAY:
$6.00 additional per hour at the following locations:

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

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

Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- IRON0433-005 01/01/2025

REMAINING COUNTIES
Rates Fringes

IRONWORKER
Fence Erector...............$ 45.78 26.51
Ornamental, Reinforcing
and Structural..............$ 50.70 35.15
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 ---------------------------------------------------------------- LABO0067-006 06/30/2025
AREA ""1"" - ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND

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

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

TUOLUMNE COUNTIES
Rates Fringes

LABORER (ASBESTOS/MOLD/LEAD

LABORER)
Area 1......................$ 39.15 30.03
Area 2......................$ 38.15 30.03
ASBESTOS REMOVAL-SCOPE OF WORK: Site mobilization; initial site clean-up; site preparation; removal of
asbestos-containing materials from walls and ceilings; or from pipes, boilers and mechanical systems only if they are being scrapped; encapsulation, enclosure and disposal of asbestos-containing materials by hand or with equipment or machinery; scaffolding; fabrication of temporary wooden barriers; and assembly of decontamination stations.
---------------------------------------------------------------- LABO0073-002 07/01/2023

CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes

LABORER (TRAFFIC CONTROL/LANE

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

TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
---------------------------------------------------------------- LABO0073-003 07/01/2023

SAN JOAQUIN COUNTY
Rates Fringes

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

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

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

CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes

LABORER (CONSTRUCTION CRAFT

LABORERS)
Construction Specialist
Group.......................$ 36.20 27.30
GROUP 1.....................$ 35.50 27.30
GROUP 1-a...................$ 35.72 27.30
GROUP 1-c...................$ 35.55 27.30
GROUP 1-e...................$ 36.05 27.30
GROUP 1-f...................$ 30.37 23.20
GROUP 2.....................$ 35.35 27.30
GROUP 3.....................$ 35.25 27.30
GROUP 4.....................$ 28.94 27.30
See groups 1-b and 1-d under laborer classifications.

LABORER (GARDENERS,

HORTICULTURAL & LANDSCAPE

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

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

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

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

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

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

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

GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:

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

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

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

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

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

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

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

SAN FRANCISCO AND SAN MATEO COUNTIES
Rates Fringes

LABORER (TRAFFIC CONTROL/LANE

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

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

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

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

TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO0261-009 06/26/2023

SAN FRANCISCO, AND SAN MATEO COUNTIES
Rates Fringes

LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group.......................$ 37.20 27.30
GROUP 1.....................$ 36.50 27.30
GROUP 1-a...................$ 36.72 27.30
GROUP 1-c...................$ 36.55 27.30
GROUP 1-e...................$ 37.05 27.30
GROUP 1-f...................$ 31.37 23.20
GROUP 2.....................$ 36.35 27.30
GROUP 3.....................$ 36.25 27.30
GROUP 4.....................$ 29.94 27.30
See groups 1-b and 1-d under laborer classifications.

LABORER (GARDENERS,

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

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

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

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

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

GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:

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

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

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

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

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

WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
---------------------------------------------------------------- LABO0261-011 07/01/2023
SAN FRANCISCO AND SAN MATEO COUNTIES:

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

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

LABORER (TRAFFIC CONTROL/LANE

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

TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
---------------------------------------------------------------- LABO0270-004 06/26/2023

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

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

TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO0270-005 07/01/2023

MONTEREY AND SAN BENITO COUNTIES
Rates Fringes

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

MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes

LABORER (CONSTRUCTION CRAFT

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

LABORER (GARDENERS,

HORTICULTURAL & LANDSCAPE

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

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

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

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

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

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

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

GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:

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

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

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

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

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

WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
---------------------------------------------------------------- LABO0270-010 06/26/2023

SANTA CLARA COUNTY
Rates Fringes

LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group.......................$ 37.20 27.30
GROUP 1.....................$ 36.50 27.30
GROUP 1-a...................$ 36.72 27.30
GROUP 1-c...................$ 36.55 27.30
GROUP 1-e...................$ 37.05 27.30
GROUP 1-f...................$ 37.08 27.30
GROUP 2.....................$ 36.35 27.30
GROUP 3.....................$ 36.25 27.30
GROUP 4.....................$ 29.94 27.30
See groups 1-b and 1-d under laborer classifications.

LABORER (GARDENERS,

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

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

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

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

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

GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:

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

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

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

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

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

WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
---------------------------------------------------------------- LABO0270-011 07/01/2023

MONTEREY, SAN BENITO, SANTA CRUZ, SANTA CLARA COUNTIES
Rates Fringes
LABORER (Plaster Tender).........$ 40.68 29.68
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0294-001 07/01/2023

FRESNO, KINGS AND MADERA COUNTIES
Rates Fringes
LABORER (Brick)
Mason Tender-Brick..........$ 36.29 25.55
---------------------------------------------------------------- LABO0294-002 07/01/2023

FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes

LABORER (TRAFFIC CONTROL/LANE

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

TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
---------------------------------------------------------------- LABO0294-005 06/26/2023

FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:

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

TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO0294-008 06/26/2023

FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes

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

LABORER (GARDENERS,

HORTICULTURAL & LANDSCAPE
LABORERS - AREA B:)
(1) New Construction........$ 35.25 27.30
(2) Establishment Warranty
Period......................$ 28.94 27.30
LABORER (GUNITE - AREA B:)
GROUP 1.....................$ 36.46 27.30
GROUP 2.....................$ 35.96 27.30
GROUP 3.....................$ 35.37 27.30
GROUP 4.....................$ 35.25 27.30
LABORER (WRECKING - AREA B:)
GROUP 1.....................$ 35.50 27.30
GROUP 2.....................$ 35.35 27.30
FOOTNOTES:

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

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

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

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

GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:

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

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

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

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

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

WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
---------------------------------------------------------------- LABO0294-010 07/01/2023

CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN

JOAQUIN, STANISLAUS & TUOLUMNE
Rates Fringes
Plasterer tender.................$ 39.77 28.54
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0294-011 07/01/2023

FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
LABORER (Plaster Tender).........$ 39.77 28.54
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0304-002 07/01/2023

ALAMEDA COUNTY
Rates Fringes

LABORER (TRAFFIC CONTROL/LANE

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

TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
---------------------------------------------------------------- LABO0304-003 06/26/2023

ALAMEDA COUNTY
Rates Fringes
Tunnel and Shaft Laborers:

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

TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO0304-004 06/26/2023

ALAMEDA COUNTY
Rates Fringes

LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group.......................$ 37.20 27.30
GROUP 1.....................$ 36.50 27.30
GROUP 1-a...................$ 36.72 27.30
GROUP 1-c...................$ 36.55 27.30
GROUP 1-e...................$ 37.05 27.30
GROUP 1-f...................$ 37.08 27.30
GROUP 2.....................$ 36.35 27.30
GROUP 3.....................$ 36.25 27.30
GROUP 4.....................$ 29.94 27.30
See groups 1-b and 1-d under laborer classifications.

LABORER (GARDENERS,

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

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

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

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

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

GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:

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

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

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

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

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

WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
---------------------------------------------------------------- LABO0304-005 07/01/2023

ALAMEDA COUNTY
Rates Fringes
Brick Tender.....................$ 37.05 27.45
FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional. ---------------------------------------------------------------- LABO0304-008 07/01/2023
ALAMEDA AND CONTRA COSTA COUNTIES:

Rates Fringes
Plasterer tender.................$ 41.93 30.32
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0324-002 07/01/2023

CONTRA COSTA COUNTY
Rates Fringes

LABORER (TRAFFIC CONTROL/LANE

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

TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
---------------------------------------------------------------- LABO0324-006 06/26/2023

CONTRA COSTA COUNTY
Rates Fringes
Tunnel and Shaft Laborers:

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

TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO0324-012 06/26/2023

CONTRA COSTA COUNTY
Rates Fringes

LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group.......................$ 37.20 27.30
GROUP 1.....................$ 36.50 27.30
GROUP 1-a...................$ 36.72 27.30
GROUP 1-c...................$ 36.55 27.30
GROUP 1-e...................$ 37.05 27.30
GROUP 1-f...................$ 37.08 27.30
GROUP 1-g...................$ 36.70 27.30
GROUP 2.....................$ 36.35 27.30
GROUP 3.....................$ 36.25 27.30
GROUP 4.....................$ 29.94 27.30
See groups 1-b and 1-d under laborer classifications.

LABORER (GARDENERS,

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

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

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

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

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

GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:

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

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

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

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

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

WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters
---------------------------------------------------------------- LABO0324-014 07/01/2023
CONTRA COSTA COUNTY:

Rates Fringes
Brick Tender.....................$ 37.05 27.45
FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional. ---------------------------------------------------------------- LABO0324-018 07/01/2023
ALAMEDA AND CONTRA COSTA COUNTIES:

Rates Fringes
Plasterer tender.................$ 41.93 30.32
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO1130-002 07/01/2023

MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes

LABORER (TRAFFIC CONTROL/LANE

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

TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
---------------------------------------------------------------- LABO1130-003 06/26/2023

MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:

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

TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO1130-005 07/01/2023

MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes

LABORER
Mason Tender-Brick..........$ 36.29 25.55
---------------------------------------------------------------- LABO1130-007 06/26/2023

MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE , COUNTIES
Rates Fringes

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

LABORER (GARDENERS,

HORTICULTURAL & LANDSCAPE
LABORERS - AREA B:)
(1) New Construction........$ 35.25 27.30
(2) Establishment Warranty
Period......................$ 28.94 27.30
LABORER (GUNITE - AREA B:)
GROUP 1.....................$ 36.46 27.30
GROUP 2.....................$ 35.96 27.30
GROUP 3.....................$ 35.37 27.30
GROUP 4.....................$ 35.25 27.30
LABORER (WRECKING - AREA B:)
GROUP 1.....................$ 35.50 27.30
GROUP 2.....................$ 35.35 27.30
FOOTNOTES:

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

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

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

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

GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:

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

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

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

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

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

WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
---------------------------------------------------------------- LABO1130-008 07/01/2023

CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN

JOAQUIN, STANISLAUS & TUOLUMNE
Rates Fringes
Plasterer tender.................$ 39.77 28.54
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO1130-009 07/01/2023

MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes
LABORER (Plaster Tender).........$ 39.77 28.54
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0016-001 01/01/2025

ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN MATEO, SANTA

CLARA, AND SANTA CRUZ COUNTIES
Rates Fringes
Painters:........................$ 53.38 28.04
PREMIUMS:

EXOTIC MATERIALS - $1.25 additional per hour.

SPRAY WORK: - $0.50 additional per hour.

INDUSTRIAL PAINTING - $0.25 additional per hour
[Work on industrial buildings used for the manufacture and processing of goods for sale or service; steel construction (bridges), stacks, towers, tanks, and similar structures] HIGH WORK:
over 50 feet - $2.00 per hour additional
100 to 180 feet - $4.00 per hour additional
Over 180 feet - $6.00 per houir additional
---------------------------------------------------------------- PAIN0016-003 01/01/2025
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA

CLARA COUNTIES
AREA 2: CALAVERAS, MARIPOA, MERCED, MONTEREY, SAN BENITO, SAN

JOAQUIN, SANTA CRUZ, STANISLAUS & TUOLUMNE COUNTIES
Rates Fringes
Drywall Finisher/Taper
AREA 1......................$ 63.76 32.69
AREA 2......................$ 59.63 31.29
---------------------------------------------------------------- PAIN0016-012 01/01/2024

ALAMEDA, CONTRA COSTA, MARIPOSA, MERCED, MONTEREY, SAN BENITO,

SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES Rates Fringes
SOFT FLOOR LAYER.................$ 59.00 33.03
---------------------------------------------------------------- PAIN0016-015 01/01/2025

CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE

COUNTIES
Rates Fringes

PAINTER
Brush.......................$ 43.45 22.80
FOOTNOTES:

SPRAY/SANDBLAST: $0.50 additional per hour.

EXOTIC MATERIALS: $1.25 additional per hour.

HIGH TIME: Over 50 ft above ground or water level $2.00 additional per hour. 100 to 180 ft above ground or water level $4.00 additional per hour. Over 180 ft above ground or water level $6.00 additional per hour.
---------------------------------------------------------------- PAIN0016-022 01/01/2025

SAN FRANCISCO COUNTY
Rates Fringes
PAINTER..........................$ 57.00 28.04
---------------------------------------------------------------- PAIN0169-001 01/01/2023
FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES:

Rates Fringes
GLAZIER..........................$ 44.33 28.88
---------------------------------------------------------------- PAIN0169-005 01/01/2024

ALAMEDA CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN

MATEO, SANTA CLARA & SANTA CRUZ COUNTIES
Rates Fringes
GLAZIER..........................$ 56.22 34.00
---------------------------------------------------------------- PAIN0294-004 07/01/2023

FRESNO, KINGS AND MADERA COUNTIES
Rates Fringes

PAINTER
Brush, Roller...............$ 34.49 21.80
Drywall Finisher/Taper......$ 35.74 21.80
FOOTNOTE:

Spray Painters & Paperhangers recive $1.00 additional per hour. Painters doing Drywall Patching receive $1.25
additional per hour. Lead Abaters & Sandblasters receive $1.50 additional per hour. High Time - over 30 feet (does not include work from a lift) $0.75 per hour additional. ---------------------------------------------------------------- PAIN0294-005 01/01/2023

FRESNO, KINGS & MADERA
Rates Fringes
SOFT FLOOR LAYER.................$ 38.53 23.19
---------------------------------------------------------------- PAIN0767-001 01/01/2024
CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes
GLAZIER..........................$ 43.25 35.62
PAID HOLIDAYS: New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day.

Employee required to wear a body harness shall receive $1.50 per hour above the basic hourly rate at any elevation.
---------------------------------------------------------------- PAIN1176-001 07/01/2022
HIGHWAY IMPR0VEMENT
Rates Fringes
Parking Lot Striping/Highway
Marking:

GROUP 1.....................$ 40.83 17.62
GROUP 2.....................$ 34.71 17.62
GROUP 3.....................$ 35.11 17.62

CLASSIFICATIONS
GROUP 1: Striper: Layout and application of painted traffic stripes and marking; hot thermo plastic; tape, traffic
stripes and markings
GROUP 2: Gamecourt & Playground Installer
GROUP 3: Protective Coating, Pavement Sealing
---------------------------------------------------------------- PAIN1237-003 01/01/2024
CALAVERAS; SAN JOAQUIN COUNTIES; STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes
SOFT FLOOR LAYER.................$ 48.54 26.59
---------------------------------------------------------------- PLAS0066-002 07/01/2019
ALAMEDA, CONTRA COSTA, SAN MATEO AND SAN FRANCISCO COUNTIES:

Rates Fringes
PLASTERER........................$ 42.41 30.73
---------------------------------------------------------------- PLAS0300-001 07/01/2018
Rates Fringes

PLASTERER
AREA 188: Fresno...........$ 32.70 31.68
AREA 224: San Benito,
Santa Clara, Santa Cruz.....$ 32.88 31.68
AREA 295: Calaveras & San
Joaquin Couonties...........$ 32.70 31.68
AREA 337: Monterey County..$ 32.88 31.68
AREA 429: Mariposa,
Merced, Stanislaus,
Tuolumne Counties...........$ 32.70 31.68
---------------------------------------------------------------- PLAS0300-005 07/01/2016
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 32.15 23.27
---------------------------------------------------------------- PLUM0038-001 07/01/2023

SAN FRANCISCO COUNTY
Rates Fringes
PLUMBER (Plumber,
Steamfitter, Refrigeration
Fitter)..........................$ 85.50 48.98
---------------------------------------------------------------- PLUM0038-005 07/01/2025

SAN FRANCISCO COUNTY
Rates Fringes
Landscape/Irrigation Fitter
(Underground/Utility Fitter).....$ 77.35 36.53
---------------------------------------------------------------- PLUM0062-001 01/01/2026

MONTEREY AND SANTA CRUZ COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 57.75 43.60
---------------------------------------------------------------- PLUM0159-001 07/01/2025

CONTRA COSTA COUNTY
Rates Fringes
Plumber and steamfitter
(1) Refrigeration...........$ 67.68 49.04
(2) All other work..........$ 68.57 49.04
---------------------------------------------------------------- PLUM0246-001 01/01/2026

FRESNO, KINGS & MADERA COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 54.50 42.54
---------------------------------------------------------------- PLUM0246-004 01/01/2017

FRESNO, MERCED & SAN JOAQUIN COUNIES
Rates Fringes
PLUMBER (PIPE TRADESMAN).........$ 13.00 10.74
PIPE TRADESMAN SCOPE OF WORK:

Installation of corrugated metal piping for drainage, as well as installation of corrugated metal piping for culverts in connection with storm sewers and drains; Grouting, dry
packing and diapering of joints, holes or chases including paving over joints, in piping; Temporary piping for dirt work for building site preparation; Operating jack hammers, pavement breakers, chipping guns, concrete saws and spades to cut holes, chases and channels for piping systems;
Digging, grading, backfilling and ground preparation for all types of pipe to all points of the jobsite; Ground
preparation including ground leveling, layout and planting of shrubbery, trees and ground cover, including watering, mowing, edging, pruning and fertilizing, the breaking of concrete, digging, backfilling and tamping for the
preparation and completion of all work in connection with lawn sprinkler and landscaping; Loading, unloading and
distributing materials at jobsite; Putting away materials in storage bins in jobsite secure storage area; Demolition of piping and fixtures for remodeling and additions;
Setting up and tearing down work benches, ladders and job shacks; Clean-up and sweeping of jobsite; Pipe wrapping and waterproofing where tar or similar material is applied for protection of buried piping; Flagman
---------------------------------------------------------------- PLUM0342-001 07/01/2025

ALAMEDA & CONTRA COSTA COUNTIES
Rates Fringes

PIPEFITTER
CONTRA COSTA COUNTY.........$ 80.50 50.45

PLUMBER, PIPEFITTER,

STEAMFITTER
ALAMEDA COUNTY..............$ 80.50 50.45
---------------------------------------------------------------- PLUM0355-004 07/01/2025

ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA,

MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE COUNTIES:

Rates Fringes
Underground Utility Worker
/Landscape Fitter...........$ 36.01 18.50
---------------------------------------------------------------- PLUM0393-001 07/01/2021

SAN BENITO AND SANTA CLARA COUNTIES
Rates Fringes
PLUMBER/PIPEFITTER...............$ 68.76 46.63
---------------------------------------------------------------- PLUM0442-001 01/01/2026

CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE

COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 58.45 38.74
---------------------------------------------------------------- PLUM0467-001 07/01/2025

SAN MATEO COUNTY
Rates Fringes
Plumber/Pipefitter/Steamfitter...$ 87.75 41.44
---------------------------------------------------------------- ROOF0027-002 09/01/2024

FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
ROOFER...........................$ 45.76 16.86
FOOTNOTE: Work with pitch, pitch base of pitch impregnated products or any material containing coal tar pitch, on any building old or new, where both asphalt and pitchers are used in the application of a built-up roof or tear off:
$2.00 per hour additional.
---------------------------------------------------------------- ROOF0040-002 08/01/2024
SAN FRANCISCO & SAN MATEO COUNTIES:

Rates Fringes
ROOFER...........................$ 55.30 22.97
---------------------------------------------------------------- ROOF0081-001 08/01/2024
ALAMEDA AND CONTRA COSTA COUNTIES:

Rates Fringes
Roofer...........................$ 54.94 23.34
---------------------------------------------------------------- ROOF0081-004 08/01/2024

CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes
ROOFER...........................$ 49.65 22.19
---------------------------------------------------------------- ROOF0095-002 08/01/2023
MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES:

Rates Fringes
ROOFER
Bitumastic, Enameler, Coal
Tar, Pitch and Mastic
worker......................$ 57.17 21.51
Journeyman..................$ 53.17 21.51
Kettle person (2 kettles)...$ 55.17 21.51
---------------------------------------------------------------- SFCA0483-001 01/01/2026

ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES:

Rates Fringes
SPRINKLER FITTER (FIRE)..........$ 81.54 41.35
---------------------------------------------------------------- * SFCA0669-011 01/01/2026

CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY,

SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes
SPRINKLER FITTER.................$ 49.69 29.72
---------------------------------------------------------------- SHEE0104-001 07/01/2020
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, SANTA CLARA
AREA 2: MONTEREY & SAN BENITO
AREA 3: SANTA CRUZ
Rates Fringes

SHEET METAL WORKER
AREA 1:

Mechanical Contracts
under $200,000.............$ 55.92 45.29
All Other Work.............$ 64.06 46.83
AREA 2......................$ 52.90 36.44
AREA 3......................$ 55.16 34.18
---------------------------------------------------------------- SHEE0104-003 07/01/2021
CALAVERAS AND SAN JOAQUIN COUNTIES:

Rates Fringes
SHEET METAL WORKER...............$ 44.34 39.22
---------------------------------------------------------------- SHEE0104-005 07/01/2021
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes
SHEET METAL WORKER (Excluding
metal deck and siding)...........$ 41.28 45.41
---------------------------------------------------------------- SHEE0104-007 07/01/2021
FRESNO, KINGS, AND MADERA COUNTIES:

Rates Fringes
SHEET METAL WORKER...............$ 44.07 40.79
---------------------------------------------------------------- SHEE0104-015 07/01/2020

ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES:

Rates Fringes
SHEET METAL WORKER (Metal
Decking and Siding only).........$ 44.45 35.55
---------------------------------------------------------------- SHEE0104-018 07/01/2020

CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes
Sheet metal worker (Metal
decking and siding only).........$ 44.45 35.55
---------------------------------------------------------------- TEAM0094-001 07/01/2025
Rates Fringes
Truck drivers:

GROUP 1.....................$ 43.26 34.28
GROUP 2.....................$ 43.56 34.28
GROUP 3.....................$ 43.86 34.28
GROUP 4.....................$ 44.21 34.28
GROUP 5.....................$ 44.56 34.28
FOOTNOTES:

Articulated dump truck; Bulk cement spreader (with or without auger); Dumpcrete truck; Skid truck (debris box); Dry
pre-batch concrete mix trucks; Dumpster or similar type; Slurry truck: Use dump truck yardage rate.

Heater planer; Asphalt burner; Scarifier burner; Industrial lift truck (mechanical tailgate); Utility and clean-up
truck: Use appropriate rate for the power unit or the
equipment utilized.

TRUCK DRIVER CLASSIFICATIONS
GROUP 1: Dump trucks, under 6 yds.; Single unit flat rack (2- axle unit); Nipper truck (when flat rack truck is used
appropriate flat rack shall apply); Concrete pump truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump machine; Fork lift and lift jitneys; Fuel and/or grease truck driver or fuel person; Snow buggy; Steam cleaning; Bus or personhaul driver; Escort or pilot car driver; Pickup truck; Teamster oiler/greaser and/or serviceperson; Hook tender (including loading and
unloading); Team driver; Tool room attendant (refineries) GROUP 2: Dump trucks, 6 yds. and under 8 yds.; Transit
mixers, through 10 yds.; Water trucks, under 7,000 gals.; Jetting trucks, under 7,000 gals.; Single-unit flat rack (3-axle unit); Highbed heavy duty transport; Scissor truck; Rubber-tired muck car (not self-loaded); Rubber-tired truck jumbo; Winch truck and ""A"" frame drivers; Combination winch truck with hoist; Road oil truck or bootperson;
Buggymobile; Ross, Hyster and similar straddle carriers; Small rubber-tired tractor
GROUP 3: Dump trucks, 8 yds. and including 24 yds.; Transit mixers, over 10 yds.; Water trucks, 7,000 gals. and over; Jetting trucks, 7,000 gals. and over; Vacuum trucks under 7500 gals. Trucks towing tilt bed or flat bed pull
trailers; Lowbed heavy duty transport; Heavy duty transport tiller person; Self- propelled street sweeper with
self-contained refuse bin; Boom truck - hydro-lift or
Swedish type extension or retracting crane; P.B. or similar type self-loading truck; Tire repairperson; Combination bootperson and road oiler; Dry distribution truck (A
bootperson when employed on such equipment, shall receive the rate specified for the classification of road oil
trucks or bootperson); Ammonia nitrate distributor, driver and mixer; Snow Go and/or plow
GROUP 4: Dump trucks, over 25 yds. and under 65 yds.; Water pulls - DW 10's, 20's, 21's and other similar equipment when pulling Aqua/pak or water tank trailers; Helicopter pilots (when transporting men and materials); Lowbedk Heavy Duty Transport up to including 7 axles; DW10's, 20's, 21's and other similar Cat type, Terra Cobra, LeTourneau Pulls, Tournorocker, Euclid and similar type equipment when
pulling fuel and/or grease tank trailers or other
miscellaneous trailers; Vacuum Trucks 7500 gals and over and truck repairman
GROUP 5: Dump trucks, 65 yds. and over; Holland hauler; Low bed Heavy Duty Transport over 7 axles
---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.

Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis-Bacon Related Acts regardless of when they were awarded.

If a contract is subject to Executive Order 13658, the
contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage
determination, if it is higher) for all hours spent performing on the contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at
www.dol.gov/whd/govcontracts.

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

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

PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

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

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

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

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

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

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

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

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

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

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

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

Requests can be submitted via email to [email protected] or by mail to:

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

Washington, DC 20210
2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

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

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

Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210.
================================================================ END OF GENERAL DECISION"

1 FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:

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

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

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

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

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

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

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

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

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

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

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

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

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

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

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

Attachment B FHWA 1273
2 1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."

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

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.

4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

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

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

The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action 3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

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

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
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 nonresponsible. 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:
4 (1) The number and work hours of minority and nonminority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and nonminority 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 FHWA1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;
5 (ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.

Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 6 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

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

All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Actscovered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.
7 (5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity (29 CFR

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

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

In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with 8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).

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

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

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

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

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

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

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

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

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

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

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

In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or 9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.

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

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lowertier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

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

VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.

Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
10 (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.

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

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

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on longstanding 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 Federalaid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
11 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.

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

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

X. CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

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

1. Instructions for Certification – First Tier Participants:

a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
* * * * *
12 2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
* * * * *

3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.

You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily 13 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
* * * * *

4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT

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

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.

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

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

XII. USE OF UNITED STATES-FLAG VESSELS:

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.

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

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

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

2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. 14 ATTACHMENT A - EMPLOYMENT AND MATERIALS

PREFERENCE FOR APPALACHIAN DEVELOPMENT

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

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

2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment
Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.

3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.

4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.

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

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

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Keith Helmuth, City Engineer
Arnoldo Rodriguez, City Manager
SUBJECT:

Traffic Signal Installation at Cleveland Avenue and Granada Drive City Project No. TS-24, Federal Project CML 5157 (124)
RECOMMENDATION:

Adopt a Resolution approving the contract award for Traffic Signal Installation at Cleveland Avenue and Granada Drive City Project No. TS-24, Federal Project CML 5157 (124), for $344,617 to St Francis Electric, LLC and adopting a CEQA Class 1 (Existing Facilities) categorical exemption for the project.

SUMMARY:

On January 27, 2026 the City received eight bids for Traffic Signal Installation at Cleveland Avenue and Granada Drive City Project No. TS-24, Federal Project CML 5157 (124) (Project). The project is funded from a combination of Congestion Mitigation and Air Quality (CMAQ) Improvement Program funds, Traffic Signal Impact Fee, and Local Transportation Funds (LTF). St Francis Electric, LLC. submitted the lowest responsive and responsible bid.

BACKGROUND:

Three traffic signal projects were originally combined into a larger project for bidding which included CIP Projects TS-23 (Howard, Pine, Yosemite, and Q Signal Modifications), TS-24 (new signal at Cleveland Avenue and Granada Drive), and TS-32 (new signal at South Street and D Street). This combined project went out to bid twice, in November 2023 and in August 2025.

Both times all bids were rejected by the City Council. In the case of the bids received in November of 2023 the bids were rejected due to TS-23 bids being an approximate $340,000 above the engineer’s estimate and therefore also above what was budgeted for the project. Staff then reviewed the TS-23 project and modified the bid documents and scope of work in an effort to reduce costs for future bids. In August of 2025 the combined project was rebid and once again Approved by:
_________________________________
Keith Helmuth, City Engineer
Approved by:
_________________________________
Keith Helmuth, City Engineer
Approved by:
_________________________________
Keith Helmuth, City Engineer
Arnoldo Rodriguez, City Manager
Approved by:
_________________________________
Keith Helmuth, City Engineer
Council Meeting of: February 18, 2026
Agenda Number: B-10

RETURN TO AGENDA
rejected. Three bids were received in 2025; however the two lowest bids were deemed nonresponsive due to missing Disadvantage Business Enterprise (DBE) documentation. The third bid was found responsive, however, again, the bid for TS-23 was approximately $255,000 above the engineer’s estimate and thus all bids were rejected. In order to keep the projects moving toward construction, staff made the decision to separate the three projects and solicit bids individually.

DISCUSSION:

The intersection of Cleveland & Granada is a traditional traffic signal installation; however, adjacent development was required to install three existing signal poles without mast arms for street lighting (and future signal). Therefore, the cost of this location would be expected to be less in comparison to a full traffic signal installation that typically includes cabinets, pullboxes, conduit, controller, mast arms, push buttons, Emergency Vehicle Pre-emption, signing, and striping.

On December 17, 2025, the City released the projects for public bidding on the PlanetBids web portal. Also, a “Notice Inviting Bids” was duly published in the Madera Tribune Newspaper on December 17 and December 24. Bidders could download the plans and specifications from PlanetBids.

On January 27, 2026, 8 bids were received. The bids were checked for accuracy against bidding requirements, validity of licenses, and bid security. The bids received are summarized in Table 1.

Table 1: Bid Summary
Bidder Bid

1. St Francis Electric, LLC $344,617

2. C3 Electric, Inc. $351,100

3. AC Electric Company $394,725

4. PTM General Engineering Service, Inc. $398,089

5. Bear Electrical Solutions, LLC $402,500

6. Power Design Electric $457,611

7. Tennyson Electric, LLC $495,840

8. Audeamus, dba Sebastian $529,514
Engineer’s Estimate $358,890
The project construction budget based on award to the low bidder and funding sources are outlined in Table 2.

Table 2: Project Budget
Line Item Amount
St Francis Electric, LLC. Contract $344,617
Construction Management, Inspection and Testing $50,000 Project Contingency (10 percent) $34,461
Total Project Budget $429,078
Funding Source
Congestion Mitigation and Air Quality (CMAQ) $339,000
Traffic Signal Impact Fee $172,938
Local Transportation Fund (LTF) $37,062
Total Funding Source $549,000
St Francis Electric, LLC. submitted the lowest responsive and responsible bid that meets the contract requirements.

Staff recommends award of the Project to St Francis Electric, LLC. in the amount of $344,617 and inclusive of a provision of 10 percent of contract amount for allowable project contingencies as approved by the City Engineer.

Due to the long lead time for signal materials, approximately 6-9 months in most cases, Staff does not anticipate this signal being constructed and operational by the start of the 2026/2027 school year.

ENVIRONMENTAL REVIEW:

Staff has performed a preliminary environmental assessment of this project and has determined that this project would be categorically exempt pursuant to the California Environmental Act (CEQA) Guidelines section 15301, Class 1 (Existing Facilities), as the project would consist of alterations to an existing highway or street which do not create additional automobile lanes.

Further, none of the exceptions under CEQA Guidelines section 15300.2 are applicable. The Notice of Exemption was filed with the County Clerk on October 5, 2022.

FINANCIAL IMPACT:

Funding for this project comes from CMAQ, Local Transportation Fund (LTF), and Traffic Signal Impact Fee. Any local funds remaining at the conclusion of the project will return to their respective fund balance available for future projects.

ALTERNATIVES:

An alternative to awarding the contract is for the City Council to reject all bids. However, as noted above, this project has already been rebid on two prior occasions, making this the third solicitation. Staff does not anticipate that issuing a fourth bid would yield more favorable pricing; on the contrary, additional delay could result in higher bid submissions due to market volatility and inflationary pressures. Furthermore, rebidding may jeopardize the City’s ability to utilize the allocated Congestion Mitigation and Air Quality (CMAQ) funds within required timelines, thereby risking the potential loss of that funding.

ATTACHMENTS:

1. Project Map

2. Resolution – Contract Award
a. Exhibit A – Contract Agreement

Attachment 1
Project Map

Project
Area
TS-24 Project Map
Attachment 2
Resolution
RESOLUTION NO. 26-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING THE CONTRACT AWARD FOR TRAFFIC SIGNAL

INSTALLATION AT CLEVELAND AVENUE AND GRANADA DRIVE CITY PROJECT NO. TS-24, FEDERAL PROJECT CML 5157 (124) IN THE AMOUNT OF $344,617 TO ST FRANCIS ELECTRIC AND AUTHORIZING CONTRACT

CONTINGENCIES RELATED TO THE CONTRACT
WHEREAS, on December 17, 2025 the City of Madera (City) Engineering Department advertised a solicitation for construction bids for Traffic Signal Installation at Cleveland Avenue and Granada Drive City Project No. TS-24, Federal Project CML 5157 (124); hereinafter referred to as “the Project”; and
WHEREAS, eight sealed bids were received on January 27, 2026 and opened by the City Engineer; and
WHEREAS, St Francis Electric, LLC. submitted the lowest bid and was deemed a responsive and responsible bidder; and
WHEREAS, funding for the Project is programmed in the Capital Improvements Projects Budget for Fiscal Year 2025/26 under Capital Improvement Program (CIP) Project TS-24.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds, orders and resolves as follows:

1. The above recitals are true and correct.

2. The City has performed a preliminary environmental assessment of this project and finds and determines that it falls within, CEQA Guidelines Section 15301 (Existing Facilities), which exempts the repair, maintenance, or minor alteration of public facilities and equipment. This project is for traffic signal installation at existing intersections at existing roadways and will involve a negligible expansion of use as contemplated by CEQA. Furthermore, none of the exceptions to the exemptions under CEQA Guidelines section 15300.2 is applicable to this project. As such the City Council adopts a Class 1 categorical exemption under CEQA Guidelines Section 15301 for this project.

3. The City Council (Council) has reviewed and considered all information presented including the report to Council from the Engineering Department.

4. The City finds that St Francis Electric, LLC. is the lowest responsible and responsive bidder.

5. The Contract for the Project in the amount of $344,617 to St Francis Electric, LLC., a copy of which is attached hereto as Exhibit A and referred to for particulars, is approved.

6. Council authorized Construction Contingencies of up to 10 percent as approved by the City Engineer.

7. This Resolution is effective immediately upon adoption. * * * * * *

Exhibit A
Contract Agreement

AGREEMENT
THIS AGREEMENT, made this day of __ , 2026, between the City of Madera, hereinafter called “OWNER”, and St Francis Electric, LLC., doing business as (an individual), or (a partnership), or (a corporation), hereinafter called “CONTRACTOR”.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR shall commence and complete all WORK required for the “TRAFFIC SIGNAL INSTALLATION AT CLEVELAND AVENUE AND GRANADA DRIVE CITY PROJECT NO. TS-24, FEDERAL PROJECT CML 5157 (124)”

2. The CONTRACTOR shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the WORK described herein.

3. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same within the time period set forth in the CONTRACT DOCUMENTS. The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $344,617.00, each and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK.

4. The CONTRACTOR agrees to perform all of the WORK described in the DOCUMENTS for the unit and lump sum prices set forth in the Bid Schedule.

5. The term “CONTRACT DOCUMENTS” means and includes the following:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid Proposal
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Insurance Requirements for Contractors
(I) General Conditions
(J) Special Conditions
(K) City of Madera Standard Specifications and Drawings (L) State Standard Plans and Specifications
(M) PLANS and SPECIFICATIONS prepared or issued by CITY OF MADERA, entitled “TRAFFIC SIGNAL INSTALLATION AT CLEVELAND AVENUE AND GRANADA DRIVE CITY PROJECT NO. TS-24, FEDERAL PROJECT CML 5157 (124)” dated December 2025.

Addenda No. 1, dated December 18, 2025
Addenda No. 2, dated January 21, 2026

6. In the event the CONTRACTOR does not complete the WORK within the time limit specified herein or within such further time as authorized, the CONTRACTOR shall pay to the OWNER liquidated damages in the amount of Three Thousand Six Hundred Dollars ($3,600.00) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.

7. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. In no event shall total compensation exceed $344,617.00 except as may otherwise be authorized in writing per Section 16. For any moneys earned by the CONTRACTOR and withheld by the OWNER to ensure the performance of the Contract, the CONTRACTOR may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Division 2, Part 5, Section 22300 of the Public Contract Code of the State of California.

8. In the event of a dispute between the OWNER and the CONTRACTOR as to an interpretation of any of the specifications or as to the quality or sufficiency of material or workmanship, the decision of the OWNER shall for the time being prevail and the CONTRACTOR, without delaying the job, shall proceed as directed by the OWNER without prejudice to a final determination by negotiation, arbitration by mutual consent or litigation, and should the CONTRACTOR be finally determined to be either wholly or partially correct, the OWNER shall reimburse him for any added costs he may have incurred by reason of work done or material supplied beyond the terms of the contract as a result of complying with the OWNER’S directions as aforesaid. In the event the CONTRACTOR shall neglect to prosecute the work properly or fail to perform any provisions of the CONTRACT, the OWNER, after three days written notice to the CONTRACTOR, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the CONTRACTOR, subject to final settlement between the parties as in this paragraph herein above provided.
8A. CLAIMS RESOLUTION PROCESS FOR DISPUTES.

It is the intent of this Contract that disputes regarding the Contract be resolved promptly and fairly between the Contractor and the Owner. However, it is recognized that some disputes will require detailed investigation and review by one or both parties before a determination and resolution can be reached. For the protection of the rights of both the Contractor and the Owner, the following provisions are provided for the resolution of disputes which cannot be resolved by the Owner and the Contractor within three business days after either party gives verbal notice of dispute or potential dispute to the other's attention and prior to the commencement of such work.

The following provisions are intended by Contractor and Owner to comply with Public Contract Code Sections 9204 and 20104 et. seq.

A. Claims:

The term “claim” refers to a separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

1. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by Owner under this Contract.

2. Payment by the Owner of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.

3. Payment of an amount that is disputed by the Owner.

B. The Claim Must Be Timely and in Writing:

For all claims the claim must be in writing and include the documents necessary to substantiate the claim. A notice of potential claim must be filed within five (5) business days of Contractor’s completion of work that is a potential claim. Notice of an actual claim must be filed on or before the date of final payment.

C. Receipt of Claim by Owner:

Upon receipt of a claim pursuant to this section, the Owner will conduct a reasonable review of the claim and, within a period not to exceed 45 days from the date of receipt, will provide the Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, Owner and Contractor may, by mutual agreement, extend the time period provided in this section.

The Contractor shall furnish reasonable documentation to support the claim.

If additional information is thereafter required, it shall be requested and provided upon mutual agreement by the Owner and the Contractor. The District's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation.

D. City Council Approval:

If the Owner needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the Owner shall have up to three days following the next duly publicly noticed regular meeting of the City Council after the 45-day period or extension expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

E. Payment of Claim:

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. If the Owner fails to issue a written statement, paragraph F below shall apply.

F. Meet and Confer:

If the Contractor disputes the Owner’s written response, or if the Owner fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the Owner shall schedule a meet and confer conference within 30 days for settlement of the dispute.

Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Owner shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the Owner and the Contractor sharing the associated costs equally. The Owner and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing.

If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

Under this Contract, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

Unless otherwise agreed to by the Owner and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

If mediation as set forth above does not resolve the parties’ dispute, the parties will proceed to arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program.

G. Filing a Government Code Written Claim Notice:

Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor may file a claim under the Torts Claims Act as provided in Chapter 1 (commencing with Section 900) and Chapter 2 commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code Section 900.

H. Owner’s Failure to Respond to Claim:

Failure by the Owner to respond to a claim from Contractor within the time periods described above or to otherwise meet the time requirements set forth above shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the Owner’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor.

I. Reserved.

J. Subcontractor Claims:

If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against Owner because privity of contract does not exist, the Contractor may present to the Owner a claim on behalf of a subcontractor or lower tier subcontractor. For purposes of this paragraph, the term “subcontractor’ means any type of subcontractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with the Contractor or is a lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the Owner shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the Owner and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

K. Filing of Action on Unresolved Claims:

The parties shall follow the procedures set forth in Public Contracts Code Section 20104.4 if an action is filed to resolve claims under the foregoing provisions. Any action shall be filed in Madera County.

9. Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical conditions, marital status, or sex of such persons except as provided in Section 12940 of the Government Code, and every contractor for public works violating this section is subject to all the penalties imposed for by violation of this chapter”.

10. In accordance with the provisions of Article 5, Chapter l, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part l, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the CONTRACTOR is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Worker’s Compensation Insurance.

The undersigned CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against Liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the WORK of this Agreement.

11. The CONTRACTOR shall comply with Part 7, Chapter l, Article 2, Section 1775 of the Labor Code of the State of California. The CONTRACTOR shall, as a penalty to the OWNER, forfeit fifty dollars ($50.00) for each calendar day, or portion thereof, for each workman paid less than the prevailing rates for such work or craft in which such workman is employed for any public work done under the Contract by him or by any SUBCONTRACTOR under him. The difference between such prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than a prevailing wage rate, shall be paid to each workman by the CONTRACTOR.

12. The CONTRACTOR shall comply with Part 7, Chapter l, Article 2, Section 1776 of the Labor Code of the State of California. The CONTRACTOR shall keep and require that all SUBCONTRACTORS keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice worker or other employee employed by him in connection with public work. Such payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR by the OWNER, its officers and agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. In the event of non-compliance with the requirements of Section 1776, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply. Should non-compliance still be evident after the ten (10) day period, the CONTRACTOR shall, as a penalty to the OWNER forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated.

Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.

13. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the CONTRACTOR or any SUBCONTRACTOR under him. It is the CONTRACTOR’S responsibility to ensure compliance by both itself and all SUBCONTRACTORS.

Section 1777.5 provides, in part, as follows:

The CONTRACTOR or SUBCONTRACTOR, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeyman stipulated in the apprenticeship standards. Upon proper showing by the CONTRACTOR that he employs apprentices in the craft or trade in the State on all of his/her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeyman, the Division of Apprenticeship Standards may grant a certification exempting the CONTRACTOR from the one (1) to five (5) hourly ratio as set forth in this section. This section shall not apply to contracts of general CONTRACTORS or to contracts of specialty contractors not bidding for work through a general or prime CONTRACTOR, when the contracts of general CONTRACTORS, or those specialty CONTRACTORS involve less than thirty thousand dollars ($30,000). Any work performed by a journeyman in excess of eight hours per day or forty (40) hours per week shall not be used to calculate the hourly ratio required by this section.

Apprenticeable craft or trade, as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a CONTRACTOR from the 1 to 5 ratio set forth in this section when it finds that any one of the following conditions is met:
(a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5, or
(c) If there is a showing that the apprenticeable craft or trade is replacing at least onethirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or
(d) If assignment of an apprentice to any work performed under a public works contract would create a condition which should jeopardize his life or the life, safety, or property of fellow employees, or the public at large or if the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.

When such exemptions are granted to an organization which represents CONTRACTORS in a specific trade from the 1 to 5 ratio on a local or statewide basis the member CONTRACTORS will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards.

The CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in apprenticeable trade on such contracts and if other CONTRACTORS on the public work site are making such contributions. The CONTRACTOR, and any SUBCONTRACTOR under him, shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices. Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Division of Apprenticeship Standards. Consult the white pages of your telephone directory under California, State of, Industrial Relations, Apprenticeship Standards, for the telephone number and address of the nearest office. Willful failure by the CONTRACTOR to comply with the provisions of Sections 1777.5 will subject the CONTRACTOR to the penalties set forth in Section 1777.7 of the Labor Code.

14. Pursuant to California Labor Code Section 1813, eight hours in any one calendar day and forty (40) hours in any calendar week shall be the maximum hours any workman is required or permitted to work, except in cases of extraordinary emergency caused by fires, flood, or danger to life and property. The CONTRACTOR doing the work, or his duly authorized agent, shall file with OWNER a report, verified by his oath, setting forth the nature of the said emergency, which report shall contain the name of said worker and the hours worked by him on the said day, and the CONTRACTOR and each SUBCONTRACTOR shall also keep an accurate record showing the names and actual hours worked of all workers employed by him in connection with the work contemplated by this Agreement, which record shall be open at all reasonable hours to the inspection of the OWNER, or its officer or agents and to the Chief of all Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations, his deputies or agents; and it is hereby further agreed that said CONTRACTOR shall forfeit as a penalty to the OWNER the sum of Twenty-Five Dollars ($25.00) for each laborer, workman or any SUBCONTRACTOR under him for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of this stipulation.

Overtime and shift work may be established as a regular procedure by the CONTRACTOR with reasonable notice and written permission of the OWNER. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 P.M. and 7:00 A.M. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.

CONTRACTOR agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays and weekdays.

Costs of overtime inspection will cover engineering, inspection, general supervision and overhead expenses which are directly chargeable to the overtime work. CONTRACTOR agrees that OWNER shall deduct such charges from payments due the CONTRACTOR.

15. The CONTRACTOR shall comply with Division 2, Chapter 4, Part 1 of the Public Contract Code relating to subletting and subcontracting, specifically included but not limited to Sections 4104, 4106, and 4110, which by this reference are incorporated into this Agreement as though fully set forth herein.

16. The CONTRACTOR and the OWNER agree that changes in this Agreement or in the work to be done under this Agreement shall become effective only when written in the form of a supplemental agreement or change order and approved and signed by the OWNER and the CONTRACTOR. It is specifically agreed that the OWNER shall have the right to request any alterations, deviations, reductions or additions to the contract or the plans and specifications or any of them, and the amount of the cost thereof shall be added to or deducted from the amount of the contract price aforesaid by fair and reasonable valuations thereof.

This contract shall be held to be completed when the work is finished in accordance with the original plans and specifications as amended by such changes. No such change or modification shall release or exonerate any surety upon any guaranty or bond given in connection with this contract.

17. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this AGREEMENT, except such loss or damage caused by the sole active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation, reasonable legal counsel fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

Contractor agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this Section from each and every Subcontractor and Subconsultant, of every Tier. In the event the Contractor fails to do so, Contractor agrees to be fully responsible to provide such defense and indemnification according to the terms of this Section.

18. Contractor must comply with the insurance requirements as described in the section “INSURANCE REQUIREMENTS FOR CONTRACTOR”, pages 42-43 of the Contract Documents.

19. Amendments- Any changes to this Agreement requested by either City or St Francis Electric, LLC. may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such writing.

20. Termination.

A. This Agreement may be terminated at any time by either party upon fifteen (15) calendar days written notice. In the event the Agreement is terminated by either party, St Francis Electric, LLC. shall be compensated for services performed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to together with such additional services performed after termination which are authorized in writing by the City representative to wind up the work performed to date of termination.

B. City may immediately suspend or terminate this Agreement in whole or in part by written notice where, if in the determination of City, there is:

1. An illegal use of funds by St Francis Electric, LLC.

2. A failure by St Francis Electric, LLC. to comply with any material term of this Agreement;

3. A substantially incorrect or incomplete report submitted by St Francis Electric, LLC. to City.

In no event shall any payment by City or acceptance by St Francis Electric, LLC. constitute a waiver by such party of any breach of this Agreement or any default which may then exist on the part of either party. Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. City shall have the right to demand of St Francis Electric, LLC. the repayment to City of any funds disbursed St Francis Electric, LLC. under this Agreement which, as determined by the appropriate court or arbitrator, were not expended in accordance with the terms of this Agreement.

Notice of termination shall be mailed to the City:

City of Madera
Engineering Department
428 E. Yosemite Avenue
Madera, CA 93638
To the Contractor St Francis Electric, LLC.:

St Francis Electric, LLC.
975 Carden Street
San Leandro, CA 94544
Notices. All notices and communications from the St Francis Electric, LLC. shall be to City's designated Project Manager or Principal-In-Charge. Verbal communications shall be confirmed in writing. All written notices shall be provided and addressed as soon as possible, but not later than thirty (30) days after termination.

21. Compliance With Laws- City shall comply with all Federal, State and local laws, ordinances, regulations and provisions applicable in the performance of City’s services.

Wherever reference is made in this Agreement to standards or codes in accordance with which work is to be performed or tested, the edition or revision of the standards or codes current on the effective date of this Agreement shall apply, unless otherwise expressly stated.

22. Attorneys’ Fees/Venue- In the event that any action is brought to enforce the terms of this Agreement, the party found by the court to be in default agrees to pay reasonable attorneys’ fees to the successful party in an amount to be fixed by the Court. The venue for any claim being brought for breach of this Agreement shall be in Madera County or as appropriate in the U.S. District Court for the Eastern District of California, located in the City of Fresno.

23. Governing Law- The laws of the State of California shall govern the rights and obligations of the parties under the Agreement, including the interpretation of the Agreement. If any part of the Agreement is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the Agreement.

24. City’s Authority- Each individual executing or attesting to this Agreement on behalf of the City hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with a duly adopted resolution of the corporation’s articles of incorporation or charter and bylaws; (ii) that this Agreement is binding upon such corporation; and (iii) that Contractor is a duly organized and legally existing municipal corporation in good standing in the State of California.

25. Contractor’s Legal Authority - Each individual executing or attesting this Agreement on behalf of St Francis Electric, LLC. hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with such corporation’s articles of incorporation or charter and bylaws; (ii) that this Agreement is binding upon such corporation; and (iii) that St Francis Electric, LLC. is a duly organized and legally existing corporation in good standing in the State of California.

26. Remedies for Default. Failure by a party to perform any term, condition or covenant required of the party under this Agreement shall constitute a “default” of the offending party under this Agreement. In the event that a default remains uncured for more than ten (10) days following receipt of written notice of default from the other party, a "breach" shall be deemed to have occurred. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.

27. Independent Contractor. In performance of the work, duties, and obligations assumed by the Contractor under this Agreement, it is mutually understood and agreed that the City, including any and all of City’s officers, agents and employees will, at all times, be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of City.

Furthermore, City shall have no right to control or supervise or direct the manner or method by which City shall perform its work and functions. The City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over the subject matter hereof.

Because of its status as an independent contractor, City shall have absolutely no right to employment rights and benefits available to City employees. City shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee benefits. In addition, City shall be solely responsible and hold City harmless from all matters relating to payment of City’s employees, including compliance with Social Security, withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, City may be providing services to others unrelated to City or to this Agreement.

28.Sole Agreement- This instrument constitutes the sole and only Agreement between City and St Francis Electric, LLC. in connection to the Project and correctly sets forth the obligations of the City and St Francis Electric, LLC. to each other as of its date. Any Agreements or representations in connection with the Project, not expressly set forth in this instrument are null and void.

29. Assignment-Neither the St Francis Electric, LLC. nor City will assign its interest in this Agreement without the written consent of the other.

30. Caltrans is required by 23 code of Federal Regulations (CFR), part 200, Section 200.9 (b)(7) to conduct reviews of sub-recipients (Local Agencies) of federal-aid to ensure compliance with Title VI of the Civil Rights Act of 1964 and the relates statues (Title VI) through the requirements under the Federal Highway Administration (FHWA), the U.S. Department of Transportation (USDOT), and the U.S. Department of Justice (USDOJ) regulations and guidance materials related to the implementation of Title VI.

The scope of the process reviews conducted by Caltrans focuses on the Local Agency’s adherence to the FHWA’s Title VI Program (Race, Color and National Origin) and the related statues protecting additional classes as required under • Federal-Aid Highway Act of 1973 (Sex)
• The Age Discrimination Act of 1975 (Age), and
• The Americans with Disabilities Act of 1990 (ADA)(Disability) and Section 504 of the Rehabilitation Act of 1973 (Disability).

31. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

IN WITNESS WHEREOF the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement on the date first above written.

City of Madera
Herein Called OWNER
By:

Cecelia K. Gallegos, Mayor
APPROVE AS TO FORM:

Shannon L. Chaffin, City Attorney
ATTEST:

Alicia Gonzales, City Clerk
BY:

Herein Called CONTRACTOR
BY:

Federal Tax I.D. No.

Contractor License Number

DIR Registration Number
Attachment A) General Wage Decision No. CA20260018.

Attachment B) Form FHWA 1273 required to be incorporated into all contracts with Contractors and Subcontractors.

NOTE: This Notary Acknowledgment on the following page is required for verification of Contractor’s signature.

Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of ______________ )
On ______________, 2026 before me, ______________________________________ (insert name and title of officer)
Personally appeared __________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ___________________________________ (Seal)
"General Decision Number: CA20260018 01/16/2026
Superseded General Decision Number: CA20250018
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and Tuolumne Counties in California.

BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date
0 01/02/2026
1 01/09/2026
2 01/16/2026
ASBE0016-004 05/01/2025
AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED,

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

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

CLARA COUNTIES
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)
Area 1......................$ 34.56 11.40
Area 2......................$ 44.73 12.75
---------------------------------------------------------------- ASBE0016-008 01/01/2024
AREA 1: ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN

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

MERCED, SAN JOAQUIN, STANISLAUS, & TUOLUMNE
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
Protective Coverings,
Coatings, and Finishes to all
types of mechanical systems)
Area 1......................$ 84.76 25.07
Area 2......................$ 64.56 25.07
---------------------------------------------------------------- BOIL0549-001 01/01/2021
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA

CLARA COUNTIES
AREA 2: REMAINING COUNTIES
Rates Fringes

BOILERMAKER
Area 1......................$ 49.62 41.27
Area 2......................$ 45.60 38.99
Attachment A Federal Wage Rates
---------------------------------------------------------------- BRCA0003-001 08/01/2024
Rates Fringes
MARBLE FINISHER..................$ 42.06 19.80
---------------------------------------------------------------- BRCA0003-003 08/01/2024
Rates Fringes
MARBLE MASON.....................$ 61.72 30.31
---------------------------------------------------------------- BRCA0003-005 05/01/2024
Rates Fringes

BRICKLAYER
( 1) Fresno, Kings,
Madera, Mariposa, Merced....$ 51.17 25.80
( 7) San Francisco, San
Mateo.......................$ 57.02 28.50
( 8) Alameda, Contra
Costa, San Benito, Santa
Clara.......................$ 56.94 26.28
( 9) Calaveras, San
Joaquin, Stanislaus,
Toulumne....................$ 52.76 25.01
(16) Monterey, Santa Cruz...$ 54.18 27.82
---------------------------------------------------------------- BRCA0003-008 07/01/2024
Rates Fringes
TERRAZZO FINISHER................$ 44.93 20.98
TERRAZZO WORKER/SETTER...........$ 60.58 29.79
---------------------------------------------------------------- BRCA0003-011 04/01/2024
AREA 1: Alameda, Contra Costa, Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz
AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne
AREA 3: Fresno, Kings, Madera, Mariposa, Merced
Rates Fringes

TILE FINISHER
Area 1......................$ 37.75 19.28
Area 2......................$ 34.76 19.22
Area 3......................$ 32.68 18.32
Tile Layer
Area 1......................$ 59.92 22.62
Area 2......................$ 55.17 22.52
Area 3......................$ 50.28 22.05
---------------------------------------------------------------- CARP0022-001 07/01/2023
San Francisco County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 60.39 33.52
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 60.54 33.52
Journeyman Carpenter........$ 60.39 33.52
Millwright..................$ 60.49 35.11
---------------------------------------------------------------- CARP0034-001 07/01/2021
Rates Fringes
Diver
Assistant Tender, ROV
Tender/Technician...........$ 54.10 34.69
Diver standby...............$ 60.51 34.69
Diver Tender................$ 59.51 34.69
Diver wet...................$ 103.62 34.69
Manifold Operator (mixed
gas)........................$ 64.51 34.69
Manifold Operator (Standby).$ 59.51 34.69
DEPTH PAY (Surface Diving):
050 to 100 ft $2.00 per foot
101 to 150 ft $3.00 per foot
151 to 220 ft $4.00 per foot
221 ft.-deeper $5.00 per foot
SATURATION DIVING:

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

DIVING IN ENCLOSURES:

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

WORK IN COMBINATION OF CLASSIFICATIONS:

Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift.
---------------------------------------------------------------- CARP0034-003 07/01/2021
Rates Fringes
Piledriver.......................$ 54.10 34.69
---------------------------------------------------------------- CARP0035-007 07/01/2020
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San Joaquin, Stanislaus, Tuolumne Counties
Rates Fringes
Modular Furniture Installer
Area 1
Installer..................$ 28.76 22.53
Lead Installer.............$ 32.21 23.03
Master Installer...........$ 36.43 23.03
Area 2
Installer..................$ 26.11 22.53
Lead Installer.............$ 29.08 23.03
Master Installer...........$ 32.71 23.03
Area 3
Installer..................$ 25.16 22.53
Lead Installer.............$ 27.96 23.03
Master Installer...........$ 31.38 23.03
---------------------------------------------------------------- CARP0035-008 08/01/2020
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: San Joaquin
AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Stanislaus, Tuolumne Counties
Rates Fringes
Drywall Installers/Lathers:

Area 1......................$ 52.65 31.26
Area 2......................$ 46.77 31.26
Area 3......................$ 47.27 31.26
Area 4......................$ 45.92 31.26
Drywall Stocker/Scrapper
Area 1......................$ 26.33 18.22
Area 2......................$ 23.39 18.22
Area 3......................$ 23.64 18.22
Area 4......................$ 22.97 18.22
---------------------------------------------------------------- CARP0152-001 07/01/2020
Contra Costa County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 52.80 30.82
Journeyman Carpenter........$ 52.65 30.82
Millwright..................$ 52.75 32.41
---------------------------------------------------------------- CARP0152-002 07/01/2020
San Joaquin County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 46.92 30.82
Journeyman Carpenter........$ 46.77 30.82
Millwright..................$ 49.27 32.41
---------------------------------------------------------------- CARP0152-004 07/01/2020
Calaveras, Mariposa, Merced, Stanislaus and Tuolumne Counties Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 45.57 30.82
Journeyman Carpenter........$ 45.42 30.82
Millwright..................$ 47.92 32.41
---------------------------------------------------------------- CARP0217-001 07/01/2023
San Mateo County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 60.39 33.52
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 60.54 33.52
Journeyman Carpenter........$ 60.39 33.52
Millwright..................$ 60.49 35.11
---------------------------------------------------------------- CARP0405-001 07/01/2021
Santa Clara County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
---------------------------------------------------------------- CARP0405-002 07/01/2021
San Benito County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
---------------------------------------------------------------- CARP0505-001 07/01/2021
Santa Cruz County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
---------------------------------------------------------------- CARP0605-001 07/01/2021
Monterey County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
---------------------------------------------------------------- CARP0701-001 07/01/2021
Fresno and Madera Counties
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 47.77 31.49
Journeyman Carpenter........$ 47.62 31.49
Millwright..................$ 50.12 33.08
---------------------------------------------------------------- CARP0713-001 07/01/2021
Alameda County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
---------------------------------------------------------------- CARP1109-001 07/01/2021
Kings County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 47.77 31.49
Journeyman Carpenter........$ 47.62 31.49
Millwright..................$ 50.12 33.08
---------------------------------------------------------------- ELEC0006-004 12/01/2025

SAN FRANCISCO COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 58.83 3%+29.75
Technician..................$ 67.65 3%+29.75
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0006-007 06/01/2024

SAN FRANCISCO COUNTY
Rates Fringes
ELECTRICIAN......................$ 91.25 3%+45.315
---------------------------------------------------------------- ELEC0100-002 09/01/2025

FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
ELECTRICIAN......................$ 50.00 30.15
---------------------------------------------------------------- ELEC0100-005 12/01/2024