CONSTRUCTION CONTRACT
CMAQ SIDEWALKS ALONG R STREET, S STREET, T STREET AND STUART DRIVE, PROJECT NUMBER 119069
Parties and Date
This Contract is made and entered into this _ day of
by and between the City of Merced, a public agency of the State of California (City ) and Redstone Construction, Inc., a California Corporation, with its principal place of ousiness at 1084 Shaffer Road, Atwater, CA 95301 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract.
Recitals
1.1. City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
1.2. Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing services such as: installation of concrete sidewalks, curbs and gutter, and driveways.
Related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the standard plans of the City of Merced. The following license classifications are required for this Project: "Class A"
1.3. Project. City desires to engage Contractor to render such services for the CMAQ SIDEWALKS ALONG S. R STREET, S. S STREET, S. T STREET AND STUART DRIVE, PROJECT NUMBER 119069 as set forth in this Contract.
1.4. Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.
Terms
1.5. Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Federal Requirements (Exhibit "A")
• Services/Schedule (Exhibit "B")
• Plans and Specifications (Exhibit "C")
• Special Conditions (Exhibit "D")
• Contractor's Certificate Regarding Workers' Compensation (Exhibit "E") • Public Works Contractor Registration Certification (Exhibit "F") • Payment and Performance Bonds (Exhibit "G")
• Addenda
• Change Orders executed by the City
• Latest Edition of the Standard Specifications for Public Works Construction (Green Book), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor's Bid
1.6. Contractor's Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment. services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the "Work"), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit "B" attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit "C" attached hereto and incorporated herein by this reference.
1.6.1. Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter naterially affecting the performance or nature of the Work shall not be paic for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.
1.6.2. Substitutions/"Or Equal. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words "or equal." Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any "or equal" material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract.
Provisions regarding submission of "or equal" requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed "or equal" substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor. 2 The City has the complete and sole discretion to determine if a material, process or article is an "or equal" material, process or article that may be substituted. Data required to substantiate requests for substitutions of an "or equal" material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted "or equal" material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted "or equal" material, process or article, and substantiates that it is an "or equal" to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted "or equal" material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City's costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted "or equal" material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
1.7. Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 80 working days. beginning the effective date of the Notice to Proceed ("Contract Time"). Contractor shali perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits "A" or "B" attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of $3,500 per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
1.8. Standard of Performance: Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
1.9. Control and Payment of Subordinates: Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.
1.10. City's Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above.
Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.
1.11. Compensation and Payment.
1.11.1. Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of eight hundred thirty two thousand eight hundred forty five Dollars ($832,845.00) ("Total Contract Price") provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.
1.11.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
1.11.3. Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others. 4 1.11.4. Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
1.11.5. Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law. including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
1.11.6. Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City
1.11.7. Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the 5 items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract and shall not relieve Contractor of responsibility for any loss of or damage to items.
1.11.8. Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
1.11.9. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq.. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
1.11.10. Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
1.11.11. Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the California Labor Code.
Contractor shall forfeit a penaity of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one half (1-1/2) times the basic rate for that worker.
1.11.12. Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, 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, 6 apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
1.11.13. Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit "E" prior to contract execution.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and
1.11.14. Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor's sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Work, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
7 1.12. Performance of Work; Jobsite Obligations.
1.12.1. Water Quality Management and Compliance.
1.12.1.1. Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code 8§ 13000-14950); local ordinances regulating discharges of storm water; and any and al regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
1.12.1.2. Compliance with the Statewide Construction General Permit.
Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board ("Permit"). It shall be Contractor's sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a "living document" that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor's sole responsibility to update the SWPPP as necessary to address conditions at the project site.
1.12.1.3. Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
1.12.1.4. Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
8 1.12.1.5. Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any Ileged violations. in addition, City may seek damages fror ontractor for any delay in completing the Work in accordanc with the Contract, if such delay is caused by or related to Contractor's failure to comply with the Permit.
1.12.1.6. Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor's failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City's attorney's fees) associated with, any settlement reached between the City and the relevant enforcement entity.
1.12.1.7. Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
1.12.2. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks. confined space procedures. trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures.
Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work. including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
1.12.4. Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City's business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705.
To this end, Contractor shall submit for City's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the pian shail be prepared by a registered civil or structural engineer.
1.12.6. Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class Il or Class Ill disposal site: (2) subsurface or latent physical conditions at the site differing from those indicated by City: and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification. City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, 10 Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care: (2) removing or relocating underground utility facilities not indicated in the construction drawings: and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
1.12.8. Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
1.12.9. State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
1.13. Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work. Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
1.14. Claims: Government Code Claim Compliance.
1.14.1. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1. 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seg. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes
1.14.2. Claims. For purposes of this Section, "Claim" means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor's request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: "THIS IS A CLAIM." Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
1.14.3. Supporting Documentation. The Contractor shall submit all claims in the following format:
1.14.3.1. Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
1.14.3.2. List of documents relating to claim:
A. Specifications
B. Drawings
C. Clarifications (Requests for Information)
D. Schedules
E. Other
1.14.3.3. Chronology of events and correspondence
1.14.3.4. Analysis of claim merit
1.14.3.5. Analysis of claim cost
1.14.3.6. Time impact analysis in CPM format
1.14.3.7. If Contractor's claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
1.14.3.8. Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seg.
12 1.14.4. City's Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.
1.14.4.1. If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body 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, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
1.14.4.2. Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual
agreement of City and the Contractor.
1.14.4.3. City's written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 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, whichever is greater.
Meet and Confer. If the Contractor disputes City's written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City's response or within 15 days of City's failure to respond within the time prescribed, respectively. and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand. City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
1.14.6. Mediation. 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, City 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 City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
1.14.6.1. If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified 13 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
1.14.6.2. For purposes of this section, 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 egotiation or by issuance of an evaluation. Any mediatior tilized shall conform to the timeframes in this sectior
1.14.6.3. Unless otherwise agreed to by City and the Contractor in writing. the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced
1.14.6.4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed
1.14.7. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to 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. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.
1.14.8. Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
1.14.8.1. Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non- binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
1.14.8.2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this 14 subdivision consistent with the rules pertaining to judicial arbitration.
In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and tees under that chapter, also pay the attorney's fees on appeal of the other party
Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
1.14.10. Non-Waiver. City's failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City's failure to respond shall not waive City's rights to any subsequent procedures for the resolution of disputed claims.
1.15. Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City.
1.16. Indemnification.
1.16.1. Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands. causes of action, suits, actions, proceedings, costs, expenses, liability. judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other 15 related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City's agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.
Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
1.17. Insurance
1.17.1. Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
1.17.2. Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:
1.17.2.1. Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor): (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Policies shall not contain exclusions contrary to this Contract
1.17.2.2. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California.
Employer's Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.
Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
1.17.3. Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on torms supplied or approved by the City to add the following provisions to the insurance policies
1.17.3.1. General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute with it.
1.17.3.2. Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be 17 primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shali be excess of Contractor's insurance and shall not be called upon to contribute with it in any way.
1.17.3.3. Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
1.17.3.4. All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
1.17.5. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
1.17.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:Vil, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
1.17.7. Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
1.17.8. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor 18 policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
1.17.9. Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
1.18. Bond Requirements.
1.18.1. Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
1.18.2. Performance Bond. If specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City.
If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City
1.18.3. Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City.
To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City. cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
1.18.4. Surety Qualifications. Only bonds executed by an admitted surety insurer. as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
1.19. Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship Contractor agrees that for a period of one year (or the period of time specified elsewnere in the Contract or in any guarantee or warranty provided by any 19 manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor.
All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand
1.20. Employee/Labor Certifications.
1.20.1. Contractor's Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit "D" and incorporated herein by reference, shall be executed simultaneously with this Contract
1.20.2. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
1.20.3. Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including. but not limited to, the Immigration Reform 20 and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
1.21. General Provisions
1.21.1. City's Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract.
Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.
1.21.2. Contractor's Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City ('''Contractor's Representative"). Following approval by the City, Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor's Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor's Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site.
Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor's Representative, Contractor shall provide the information specified above and obtain the City's written approval.
1.21.3. Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City's resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause.
In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.
1.21.4. Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City's Representative, whose decision
1.21.5. Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering 21 into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
1.21.6. Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR:
Redstone Construction, Inc.
1084 Shaffer Road
Atwater, CA 95301
Terry Rolfe, CFO
CITY:
City of Merced
2525 "O" Street
Merced, California 95340
Attn: Mr. Michael R. Beltran I!, PE
City Engineer
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
1.21.7. Time of Essence. Time is of the essence in the performance of this Contract.
Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
1.21.9. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
1.21.10. Laws. Venue, and Attorneys' Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is 22 brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Merced, State of California.
1.21.11. Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
1.21.12. Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
1.21.13. [Reserved]
1.21.14. Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further.
Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
1.21.15. Conflict of interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its empioyees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Work.
1.21.16. Certification of License
1.21.16.1. Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature.
1.21.16.2. Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation.
Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.
23 1.21.17. Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
1.21.18. Entire Contract: Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
1.21.19. Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
1.21.20. City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON NEXT PAGE]
24 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF MERCED
AND REDSTONE CONSTRUCTION, INC.
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day of. _ 2022.
CITY OF MERCED Redstone Construction, Inc.
By Stephanie Dietz By:
City Manager Its: CFO
Printed Name: Terry Rolfe
ATTEST:
By:
Deputy City Clerk (SEAL)
APPROVED AS TO FORM: Redstone Construction, Inc.
By: ... By:_
City Attorney Contractor licensed in accordance with an act providing for the registration of
Contractors
ACCOUNT DATA: Taxpayer ID No: 62-44/4707
Project No.: 119069 Vendor No.:
25 Project Account Number(s) / Amount: Address: 1084 Shaffer Road Atwater, CA 95301
Phone: 209-921-3200
Fax: 201-300 7145
Email: [email protected]
By:
Finance Officer Verification
26 EXHIBIT "A"
FEDERAL REQUREIMENTS
27 Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE
(For Local Assistance Construction Projects)
The following language must be incorporated into all Local Assistance Federal-aid construction contracts.
The following language, with minor edits, was taken from the Code of Federal Regulations.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS
SECTION
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) .. 2
A. NONDISCRIMINATION STATEMENT.... 3
B. CONTRACT ASSURANCE.......... 3
C. PROMPT PROGRESS PAYMENT ... 3
D. PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS 3 E. TERMINATION AND SUBSTITUTION OF DBE SUBCONTRACTORS 4 F. COMMITMENT AND UTILIZATION.. 5
G. DBE RUNNING TALLY OF ATTAINMENTS 6
2. BID OPENING. 6
3. BID RIGGING .. 6
4. CONTRACT AWARD ....6
5. CONTRACTOR LICENSE..
6. CHANGED CONDITIONS
A. DIFFERING SITE CONDITIONS...
B. SUSPENSIONS OF WORK ORDERED BY THE ENGINEER 6
C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK. 7
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 7
8. BUY AMERICA.. ... 7
9. QUALITY ASSURANCE.. ...8
10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS.. 8
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONSFEDERAL-AID CONTRACTS.. ...8
12. FEMALE AND MINORITY GOALS.. ..21
13. TITLE VI ASSURANCES . 22
14. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT).. ...26
15. FEDERAL TRAINEE PROGRAM ... 26
16. PROHIBITIONS OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES ....28
28 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.
The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal.
It is the prime contractor's responsibility to verify that the DBE firm is certified as a DBE on the date of bid opening by using the California Unified Certification Program (CUP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and Work Code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document this verification by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at: https://dot.ca.gov/programs/civil-rights/dbe-search.
All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal.
Credit for materials or supplies the prime contractor purchases from DEs counts towards the goal in the following manner:
' 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. .. 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. : Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR
26.55 defines "manufacturer" and "regular dealer."
The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d) as follows:
The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.
The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
.... The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs.
The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract.
The DBE may also lease trucks from a non-DBE firm, including from an owner-operator. The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased trucks with DBE employee drivers. Additional participation by non-DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement.
The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.
A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. 29 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
A. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not. directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
B. Contract Assurance
Under 49 CFR 26.13(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 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages: and/or
(4) Disqualifying the contractor from future bidding as non-responsible.
C. Prompt Progress Payment
The prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor's interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shail be entitled to his or her attorney's fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non- DBE subcontractors.
D. Prompt Payment of Withheld Funds to Subcontractors
The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two.
Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor- Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay of postponement of payment may take place only for good cause and with the Agency's prior written. approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the- penalties, sanctions, and other remedies specified in Section 7108.5 of the Galifornia Business and.
Professions Gode and Section 10262 of the California Public Contract Gode. This requirement shatt not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the- centractor er subcontracter in the event of a dispute involving late payment or nonpayment by the contrastor. deficient-subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both OBE and nop DBE subcontractors:
Method 2: No retainage will be held by the Agency from progress payments due to the prime senfractor....
Any retainage kept by the prime contractor or by a subcontracter must be paid if full to the earning subcontractor within seven f7y days after the subcentractor's work is satiefactorily completed. Any delay of postponement of payment may take place only for good cause and with the Agency's prior written approval. 30 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties... sanctions, and remedies specified in Section 7108.5 of the Galifornia Business and Professions Gode and.
Section 10262 of the Galifornia Public Contract Code. This requirement shall not be construed to limit of- impair any contractuat, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving tate payment or nonpayment by the contracter, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to beth DBE and Aon DBE subeentractors.
Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
E. Termination and Substitution of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency's written consent. The prime contractor shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency's prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid.
The Agency authorizes a request to use other forces or sources of materials if the bidder shows any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency's bond requirements.
3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
5. Listed DE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the 31 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Contract.
32 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
11. The Agency determines other documented good cause.
The prime contractor shall notify the original DBE of the intent to use other forces or material sources and provide the reasons, allowing the DBE 5 days to respond to the notice and advise the prime contractor and the Agency of the reasons why the use of other forces or sources of materials should not occur.
The prime contractor's request to use other forces or material sources mustinclude:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from the prime contractor to the DBE regarding the request.
3. Notices from the DBEs to the prime contractor regarding the request.
If the Agency authorizes the termination or substitution of a listed DE, the prime contractor must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must (1) perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal, and (2) be certified as a DBE with the most specific available NAICS codes and work codes applicable to the type of work the DBE will perform on the contract at the time of the prime contractor's request for substitution. The prime contractor shall submit their documentation of good faith efforts within 7 days of their request for authorization of the substitution. The Agency may authorize a 7-day extension of this submittal period at the prime contractor's request. More guidance can be found at 49 CFR 26 app A regarding evaluation of good faith efforts to meet the DBE goal.
F. Commitment and Utilization
Note: In the Agency's reports of DBE participation to Caltrans, the Agency must display both commitments and attainments.
The Agency's DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The bidder shall submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid book. This exhibit is the bidder's DBE commitment form. If the form is not submitted with the bid, the bidder must remove the form from the Bid book before submitting their bid.
The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.
If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder's bid nonresponsive.
The prime contractor shall use each DBE subcontractor as listed on Exhibit 12-B Bidder's List of Subcontractors (DBE and Non-DBE), and Exhibit 15-G Construction Contract DBE Commitment form unless they receive authorization for a substitution.
The Agency shall request the prime contractor to:
1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each 1Sf-tier subcontractor • Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.
33 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z1) form.
If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notity the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance.
Upon work completion, the prime contractor shall complete Exhibit 17-F Final Report - Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.
G. DBE RUNNING TALLY OF ATTAINMENTS
After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10 of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.
2. BID OPENING The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.
3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous.
The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.
4. CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.
5. CONTRACTOR LICENSE The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code §10164).
6. CHANGED CONDITIONS
A. Differing Site Conditions
1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed
2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted
3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. [This provision may be omitted by the Local Agency, at their option.] B. Suspensions of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request 34 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
shall set forth the reasons and support for such adjustment.
2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly.
The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted
3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed
4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided orexcluded under any other term or condition of this contract.
C. Significant Changes in the Character of Work
1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project.
Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered
2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.
3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.
4. The term "significant change" shall be construed to apply only to the following circumstances:
• When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.
This work shall be diligently prosecuted to completion before the expiration of _WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.
The Contractor shall pay to the City/County the sum of S.... _per day, for each and every calendar days' delay in finishing the work in excess of the number of working days prescribed above.
8. BUY AMERICA
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U.S. except:
1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478(03/24/1995)]:
2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or 35 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
$2,500, materials produced outside the U.S. may be used.
Production includes:
1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemicalcomposition;
2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials.
9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.
10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
The Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, the Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Agency shall act in accordance with both of the following:
1. Each payment request shall be reviewed by the Agency as soon as practicable after receipt for the purpose of determining that it is a proper payment request.
2. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS [The following 12 pages must be physically inserted into the contract without modification.
Excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS] 36 August 2022
Local Assistance Procedures Manuall Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273 - Revised July 5, 2022
REQUIRED CONTRACT
PROVISIONS FEDERAL-AID
CONSTRUCTION CONTRACTS
37 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
General
3. A breach of any of the stipulations contained in these HIE. Non-segregated Facilities Required Contract Provisions may be sufficient grounds for IV. Davis-Bacon and Related Act Provisions withholding of progress payments, withholding of final payment, Contract Work Hours and Safety Standards Act Provisions termination of the contract, suspension / debarment or any other VI. Subletting or Assigning the Contract action determined to be appropriate by the contracting agency VII. Safety: Accident Prevention and FHWA.
Vili. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water 4. Selection of Labor: During the performance of this contract, Pollution Control Act the contractor shall not use convict labor for any purpose within X. Certification Regarding Debarment, Suspension, Ineligibility the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, XI. Certification Regarding Use of Contract Funds for Lobbying supervised release, or probation. 23 U.S.C. 114(b). The term XII. Use of United States-Flag Vessels: Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C.
ATTACHMENTS
A. Employment and Materials Preference for Appalachian II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part Development Highway System or Appalachian Local Access 230, Subpart A, Appendix A; EO 11246) Road Contracts (included in Appalachian contracts only) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid I. GENERAL
construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR
1. Form FHWA-1273 must be physically incorporated in each Part 230 are not applicable to material supply, engineering. construction contract funded under title 23, United States Code, or architectural service contracts. as required in 23 CFR 633.102(b) (excluding emergency
contracts solely intended for debris removal). The contractor (or In addition, the contractor and all subcontractors must comply subcontractor) must insert this form in each subcontract and with the following policies: Executive Order 11246, 41 CFR Part further require its inclusion in all lower tier subcontracts 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the (excluding purchase orders, rental agreements and other Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI agreements for supplies or services). 23 CFR633.102(e). 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 The applicable requirements of Form FHWA-1273 are 27; and 23 CFR Parts 200, 230, and 633. incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The The contractor and all subcontractors must comply with: the prime contractor shall be responsible for compliance by any requirements of the Equal Opportunity Clause in 41 CFR 60- subcontractor, lower-tier subcontractor or service provider. 23 1.4(b) and, for all construction contracts exceeding $10,000, the CFR 633.102(e). Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3
Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts Note: The U.S. Department of Labor has exclusive authority to (excluding subcontracts for design services, purchase orders, determine compliance with Executive Order 11246 and the rental agreements and other agreements for supplies or policies of the Secretary of Labor including 41 CFR Part 60, and services) in accordance with 23 CFR 633.102. The design- 29 CFR Parts 1625-1627. The contracting agency and the builder shall be responsible for compliance by any
FHWA have the authority and the responsibility to ensure subcontractor, lower-tier subcontractor or service provider. 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 Contracting agencies may reference Form FHWA-1273 in Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.). solicitation-for-bids or request-for-proposals documents, and related regulations including 49 CFR Parts 21, 26, and 27; however, the Form FHWA-1273 must be physically incorporated and 23 CFR Parts 200, 230, and 633. (not referenced) in all contracts, subcontracts and lower-fier subcontracts (excluding purchase orders, rental agreements and The following provision is adopted from 23 CFR Part 230. other agreements for supplies or services related to a Subpart A. Appendix A, with appropriate revisions to conform to construction contract). 23 CFR 633.102(b). the U.S. Department of Labor (US DOL) and FHWA requirements.
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 38 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
1. Equal Employment Opportunity: Equal Employment d. Notices and posters setting forth the contractor's EEO policy will Opportunity (EEO) requirements not to discriminate and to take be placed in areas readily accessible to employees, applicants for affirmative action to assure equal opportunity as set forth under employment and potential employees 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 e. The contractor's EEO policy and the procedures to implement CFR Part 27) and orders of the Secretary of Labor as modified by such policy will be brought to the attention of employees by means of the provisions prescribed herein, and imposed pursuant to 23 U.S.C. meetings, employee handbooks, or other appropriate means. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. 4. Recruitment: When advertising for employees, the contractorwill The provisions of the Americans with Disabilities Act of 1990(42 include in all advertisements for employees the notation: "An Equal 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Opportunity Employer." All such advertisements will be placed in Part 1630 are incorporated by reference in this contract. In the publications having a large circulation among minorities and women execution of this contract, the contractor agrees to comply with the in the area from which the project work force would normally be following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the a. The contractor will, unless precluded by a valid bargaining Federal Government to ensure that it has made every good faith agreement, conduct systematic and direct recruitment through public effort to provide equal opportunity with respect to all of its terms and and private employee referral sources likely to yield qualified conditions of employment and in their review of activities under the minorities and women. To meet this requirement, the contractor will contract. 23 CFR 230.409 (g) (4) & (5). identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women b. The contractor will accept as its operating policy the follawing applicants may be referred to the contractor for employment statement:
"it is the policy of this Company to assure that applicants are b. In the event the contractor has a valid bargaining agreement employed, and that employees are treated during employment. providing for exclusive hiring hall referrals, the contractor is expected without regard to their race, religion, sex, sexual orientation. to observe the provisions of that agreement to the extent that the gender identity, color. national origin, age or disability. Such system meets the contractor's compliance with EEO contract action shall include: employment, upgrading, demotion, or provisions. Where implementation of such an agreement has the transfer; recruitment or recruitment advertising; layoff or effect of discriminating against minorities or women, or obligates the termination: rates of pay or other forms of compensation; and contractor to do the same, such implementation violates Federal selection for training, including apprenticeship, pre- nondiscrimination provisions. apprenticeship, and/or on-the-job training."
c. The contractor will encourage its present employees to refer
2. EEO Officer: The contractor will designate and make known to minorities and women as applicants for employment. Information and the contracting officers an EEO Officer who will have the procedures with regard to referring such applicants will be discussed responsibility for and must be capable of effectively administering with employees. and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so 5. Personnel Actions: Wages, working conditions, and empioyee benefits shall be established and administered, and personnel actions
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge of every type, including hiring, upgrading, promotion, transfer. employees, or who recommend such action or are substantially demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity. national involved in such action, will be made fully cognizant of and will origin, age or disability. The following procedures shall be followed:
implement the contractor's EEO policy and contractual
responsibilities to provide EEO in each grade and classification of a. The contractor will conduct periodic inspections of project sites employment. To ensure that the above agreement will be met, the to ensure that working conditions and employee facilities do not following actions will be taken as a minimum;
indicate discriminatory treatment of project site personnel. a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not b. The contractor will periodically evaluate the spread of wages less often than once every six months, at which time the contractor's paid within each classification to determine any evidence of EEO policy and its implementation will be reviewed and explained. discriminatory wage practices.
The meetings will be conducted by the EEO Officer or other knowledgeable company official. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination b. All new supervisory or personnel office employees will be given Where evidence is found, the contractor will promptly take corrective a thorough indoctrination by the EEO Officer, covering all major action. If the review indicates that the discrimination may extend aspects of the contractor's EEO obligations within thirty days beyond the actions reviewed, such corrective action shall include all following their reporting for duty with the contractor. affected persons. c. All personnel who are engaged in direct recruitment for the d. The contractor will promptly investigate ail complaints of alleged project will be instructed by the EEO Officer in the contractor's discrimination made to the contractor in connection with its procedures for locating and hiring minorities and women. obligations under this contract, will attempt to resolve such complaints. and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
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Required Federal-Aid Contract Language
6. Training and Promotion: 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for a. The contractor will assist in locating, qualifying, and increasing and comply with the Americans with Disabilities Act and all rules and the skills of minorities and women who are applicants for regulations established thereunder. Employers must provide reasonable employment or current employees. Such efforts should be aimed at accommodation in all employment activities unless to do so would cause developing full journey level status empioyees in the type of trade or an undue hardship job classification involved.
9. Selection of Subcontractors, Procurement of Materials and b. Consistent with the contractor's work force requirements and as Leasing of Equipment: The contractor shall not discriminate on the permissible under Federal and State regulations, the contractor shall grounds of race. color, religion, sex, sexual orientation, gender identity. make full use of training programs (i.e., apprenticeship and on-the- national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of job training programs for the geographical area of contract equipment. The contractor shall take all necessary and reasonable steps performance). in the event a special provision for training is provided to ensure nondiscrimination in the administration of this contract. under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may a. The contractor shall notify ail potential subcontractors, suppliers, and reserve training positions for persons who receive welfare lessors of their EEO obligations under this contract assistance in accordance with 23 U.S.C. 140(a).
b. The contractor will use good faith efforts to ensure subcontractor c. The contractor will advise employees and applicants for compliance with their EEO obligations. employment of available training programs and entrance
requirements for each. 10. Assurance Required:
d. The contractor will periodically review the training and a. The requirements of 49 CFR Part 26 and the State DOT's promotion potential of employees who are minorities and women -HWA-approved Disadvantaged Business Enterprise (DBE) program and will encourage eligible employees to apply for such training and are incorporated by reference b. The contractor, subrecipient or subcontractor shall not
7. Unions: If the contractor relies in whole or in part upon unions as discriminate on the basis of race, color, national origin, or sex in the a source of employees. the contractor will use good faith efforts to performance of this contract. The contractor shall carry out applicable obtain the cooperation of such unions to increase opportunities for requirements of 49 CFR part 26 in the award and administration of minorities and women. 23 CFR 230.409. Actions by the contractor, DOT-assisted contracts. Failure by the contractor to carry out these either directly or through a contractor's association acting as agent, requirements is a material breach of this contract, which may result in will include the procedures set forth below: the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
The contractor will use good faith efforts to develop. in cooperation with the unions, joint training programs aimed toward qualifying more (1) Withholding monthly progress payments:
minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying (2) Assessing sanctions:
employment. (3) Liquidated damages: and/or
(4) Disqualifying the contractor from future bidding as non- b. The contractor will use good faith efforts to incorporate an EEO responsible.
clause into each union agreement to the end that such union will be contractually bound to reter applicants without regard to their race, cofor. religion, sex, sexual orientation, gender identity, national origin, age, or c. The Title VI and rondiscrimination provisions of U.S. DOT Order disability. 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
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 11. Records and Reports: The contractor shall keep such records is within the exclusive possession of the labor union and such labor as necessary to document compliance with the EEO requirements. union refuses to furnish such information to the contractor, the contractor Such records shall be retained for a period of three years following shall so certify to the contracting agency and shall set forth what efforts the date of the final payment to the contractor for all contract work have been made to obtain such information. and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the d. in the event the union is unable to provide the contractor with a FHWA. 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. a. The records kept by the contractor shall document the following color, religion, sex, sexual orientation, gender identity, national origin, age, or disability: making full efforts to obtain qualified and/or qualifiable (1) The number and work hours of minority and non-minority minorities and women. The failure of a union to provide sufficient group members and women employed in each work referrals (even though it is obligated to provide exclusive referrais classification on the project; under the terms of a collective bargaining agreement) does not reiieve the contractor from the requirements of this paragraph. in the (2) The progress and efforts being made in cooperation with event the union referral practice prevents the contractor from unions. when applicable, to increase employment opportunities meeting the obligations pursuant to Executive Order 11246. as for minorities and women; and amended, and these special provisions, such contractor shall immediately notify the contracting agency. (3) The progress and efforts being made in locating, hiring. training, qualifying, and upgrading minorities and women. 40 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
b. The contractors and subcontractors will submit an annual 1. Minimum wages (29 CFR 5.5) report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non-minority a. All laborers and mechanics employed or working upon the site group employees currently engaged in each work classification of the work, will be paid unconditionally and not less often than once required by the contract work. This information is to be reported on a week, and without subsequent deduction or rebate on any account Form FHWA-1391. The staffing data should represent the project (except such payroll deductions as are permitted by regulations work force on board in all or any part of the last payroll period issued by the Secretary of Labor under the Copeland Act (29 CFR preceding the end of July, If on-the-job training is being required by part 3)), the full amount of wages and bona fide fringe benefits (or special provision, the contractor will be required to collect and report cash equivalents thereof due at time of payment computed at rates training data. The employment data should reflect the work force on not less than those contained in the wage determination of the board during all or any part of the last payroll period preceding the Secretary of Labor which is attached hereto and made a part hereof. regardiess of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
III. NONSEGREGATED FACILITIES
Contributions made or costs reasonably anticipated for bona fide This provision is applicable to all Federal-aid construction contracts fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf and to all related construction subcontracts of more than $10,000. of laborers or mechanics are considered wages paid to such laborers 41 CFR 60-1.5. or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more As prescribed by 41 CFR 60-1.8. the contractor must ensure that than a weekly period (but not less often than quarterly) under plans. facilities provided for employees are provided in such a manner that funds, or programs which cover the particular weekly period, are segregation on the basis of race, color, religion, sex, sexual deemed to be constructively made or incurred during such weekly orientation, gender identity, or national origin cannot result. The period. Such laborers and mechanics shall be paid the appropriate contractor may neither require such segregated use by written or wage rate and fringe benefits on the wage determination for the oral policies nor tolerate such use by employee custom. The classification of work actually performed, without regard to skill. contractor's obligation extends further to ensure that its employees except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics are not assigned to perform their services at any location under the performing work in more than one classification may be contractor's control where the facilities are segregated. The term compensated at the rate specified for each classification for the time "facilities" includes waiting rooms, work areas, restaurants and other actually worked therein: Provided, That the employer's payroll eating areas. time clocks, restrooms, washrooms, locker rooms and records accurately set forth the time spent in each classification in other storage or dressing areas. parking lots, drinking fountains, which work is performed. The wage determination (including any recreation or entertainment areas, transportation, and housing additionai classification and wage rates conformed under paragraph provided for employees. The contractor shall provide separate or 1.b. of this section) and the Davis-Bacon poster (WH...1321) shall be single-user restrooms and necessary dressing or sleeping areas to posted at all times by the contractor and its subcontractors at the site assure privacy between sexes. of the work in a prominent and accessible place where it can be easily seen by the workers
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
b. (1) The contracting officer shall require that any class of This section is applicable to all Federal-aid construction projects laborers or mechanics, including helpers, which is not listed in exceeding $2,000 and to all related subcontracts and lower-tier the wage determination and which is to be employed under the subcontracts (regardless of subcontract size), in accordance with 29 contract shail be classified in conformance with the wage CFR: 5.5. The requirements apply to all projects located within the determination. The contracting officer shall approve an right-of-way of a roadway that is functionally classified as Federal- additional classification and wage rate and fringe benefits aid highway. 23 U.S.C. 113. This excludes roadways functionally therefore only when the following criteria have been met:
classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be (i) The work to be performed by the classification requested is treated as a project on a Federal-aid highway, the provisions of this not performed by a ciassification in the wage determination; subpart will apply regardless of the location of the project, Examples include: Surface Transportation Block Grant Program projects (il) The classification is utilized in the area by the construction funded under 23 U.S.C. 133 [excluding recreational trails projects]. industry: and the Nationally Significant Freight and Highway Projects funded (ili) The proposed wage rate, including any bone fide fringe under 23 U.S.C. 117, and National Highway Freight Program benefits, bears a reasonable relationship to the wage rates projects funded under 23 U.S.C. 167.
contained in the wage determination.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" (2) if the contractor and the laborers and mechanics to be with minor revisions to conform to the FHWA-1273 format and employed in the classification (if known), or their FHWA program requirements representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor.
Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. 41 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
(3) In the event the contractor, the laborers or mechanics to 3. Payrolls and basic records (29 CFR 5.5) be employed in the classification or their representatives. and the contracting officer do not agree on the proposed a. Payrolls and basic records relating thereto shall be maintained classification and wage rate (including the amount by the contractor during the course of the work and preserved for a designated for fringe benefits, where appropriate), the period of three years thereafter for all laborers and mechanics contracting officer shall refer the questions, including the working at the site of the work. Such records shall contain the name, views of all interested parties and the recommendation of the address, and social security number of each such worker, his or her contracting officer, to the Administrator for determination. correct classification, hourly rates of wages paid (including rates of The Administrator, or an authorized representative, will issue contributions or costs anticipated for bona fide fringe benefits or cash a determination within 30 days of receipt and so advise the equivalents thereof of the types described in section 1(b)(2)(B) of the contracting officer or will notify the contracting officer within Davis-Bacon Act), daily and weekly number of hours worked. the 30-day period that additional time is necessary deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any (4) The wage rate (including fringe benefits where laborer or mechanic include the amount of any costs reasonably appropriate) determined pursuant to paragraphs 1.b.(2) or anticipated in providing benefits under a plan or program described in
1.b. (3) of this section, shall be paid to all workers performing section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall work in the classification under this contract from the first maintain records which show that the commitment to provide such day on which work is performed in the classification. benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in c. Whenever the minimum wage rate prescribed in the contractfor writing to the laborers or mechanics affected, and records which a class of laborers or mechanics includes a fringe benefit which is show the costs anticipated or the actual cost incurred in providing not expressed as an hourly rate, the contractor shall either pay the such benefits. Contractors employing apprentices or trainees under benefit as stated in the wage determination or shall pay another approved programs shall maintain written evidence of the registration bona fide fringe benefit or an hourly cash equivalent thereof. of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage d. If the contractor does not make payments to a trustee or other rates prescribed in the applicable programs. third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably b. (1) The contractor shall submit weekly for each week in which anticipated in providing bona fide fringe benefits under a plan or any contract work is performed a copy of all payrolls to the program, Provided, That the Secretary of Labor has found, upon the contracting agency. The payrolls submitted shall set out written request of the contractor, that the applicable standards of the accurately and completely all of the information required to be Davis-Bacon Act have been met. The Secretary of Labor may maintained under 29 CFR 5.5(a)(3)(i), except that full social require the contractor to set aside in a separate account assets for security numbers and home addresses shall not be included on the meeting of obligations under the plan or program. weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee
2. Withholding (29 CFR 5.5) (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be The contracting agency shalt upon its own action or upon written submitted in ary form desired. Optional Form WH-347 is request of an authorized representative of the Department of Labor. available for this purpose from the Wage and Hour Division Web withhold or cause to be withheld from the contractor under this site. The prime contractor is responsible for the submission of contract, or any other Federal contract with the same prime copies of payrolls by all subcontractors. Contractors and contractor, or any other federally-assisted contract subject to Davis- subcontractors shall maintain the fuft social security number and Bacon prevailing wage requirements, which is held by the same current address of each covered worker, and shall provide them pome contractor, so much of the accrued payments or advances as upon request to the contracting agency for transmission to the may be considered necessary to pay laborers and mechanics, State DOT, the FHWA or the Wage and Hour Division of the including apprentices, trainees, and helpers, employed by the Department of labor for purposes of an investigation or audit of contractor or any subcontractor the full amount of wages required by compliance with prevailing wage requirements. It is not a the contract. In the event of failure to pay any laborer or mechanic, violation of this section for a prime contractor to require a including any apprentice, trainee, or helper, employed or working on subcontractor to provide addresses and social security numbers the site of the work. all or part of the wages required by the contract. to the prime contractor for its own records. without weekly the contracting agency may, after written notice to the contractor. submission to the contracting agency. take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such (2) Each payroll submitted shall be accompanied by a violations have ceased. "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shail certify the following:
(i) That the payroll for the payroll period contains the information required to be provided under 29 CFR
5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete:
(ii) That each laborer or mechanic (including each helper. apprentice, and traine) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3:
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
(ill) That each laborer or mechanic has been paid not less Every apprentice must be paid at not less than the rate specified in than the applicable wage rates and fringe benefits or cash the registered program for the apprentice's level of progress. equivalents for the classification of work performed, as expressed as a percentage of the journeymen hourly rate specified in specified in the applicabie wage determination incorporated the applicable wage determination. Apprentices shail be paid fringe into the contract. benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe (3) The weekly submission of a properly executed certification benefits, apprentices must be paid the full amount of fringe benefits set forth on the reverse side of Optional Form WH-347 shall listed on the wage determination for the applicable classification. If satisfy the requirement for submission of the "Statement of the Administrator determines that a different practice prevails for the Compliance" required by paragraph 3.b. (2) of this section. applicable apprentice classification, fringes shall be paid in accordance with that determination.
(4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal In the event the Office of Apprenticeship Training, Employer and prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the The contractor or subcontractor shall make the records required contractor will no longer be permitted to utilize apprentices at less under paragraph 3.a. of this section available for inspection, than the applicable predetermined rate for the work performed until copying, or transcription by authorized representatives of the an acceptable program is approved. contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees b. Trainees (programs of the USDOL). during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available. the Except as provided in 29 CFR 5.16, trainees will not be permitted to FHWA may, after written notice to the contractor, the contracting work at less than the predetermined rate for the work performed agency or the State DOT, take such action as may be necessary to unless they are employed pursuant to and individually registered in a cause the suspension of any further payment, advance, or program which has received prior approval, evidenced by formal guarantee of funds. Furthermore, failure to submit the required certification by the U.S. Department of Labor, Employment and records upon request or to make such records available may be Training Administration. grounds for debarment action pursuant to 29 CFR 5.12
The ratio of trainees to journeymen on the job site shall not be
4. Apprentices and trainees (29 CFR 5.5) greater than permitted under the plan approved by the Employment and Training Administration.
a. Apprentices (programs of the USDOL).
Every trainee must be paid at not less than the rate specified in the Apprentices will be permitted to work at less than the predetermined approved program for the trainee's level of progress, expressed as a rate for the work they performed when they are employed pursuant percentage of the journeyman hourly rate specified in the applicable to and individually registered in a bona fide apprenticeship program wage determination. Trainees shall be paid fringe benefits in registered with the U.S. Department of Labor, Employment and accordance with the provisions of the trainee program. If the trainee Training Administration, Office of Apprenticeship Training, Employer program does not mention fringe benefits, trainees shall be paid the and Labor Services, or with a State Apprenticeship Agency full amount of fringe benefits listed on the wage determination unless recognized by the Office, or if a person is employed in his or her first the Administrator of the Wage and Hour Division determines that 90 days of probationary employment as an apprentice in such an there is an apprenticeship program associated with the apprenticeship program, who is not individually registered in the corresponding journeyman wage rate on the wage determination program. but who has been certified by the Office of Apprenticeship which provides for less than full fringe benefits for apprentices. Any Training, Employer and Labor Services or a State Apprenticeship employee listed on the payroll at a trainee rate who is not registered Agency (where appropriate) to be eligible for probationary and participating in a training plan approved by the Employment and employment as an apprentice. Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work The allowable ratio of apprentices to journeymen on the job site in actually performed. In addition, any trainee performing work on the any craft classification shall not be greater than the ratio permitted to job site in excess of the ratio permitted under the registered program the contractor as to the entire work force under the registered shall be paid not less than the applicable wage rate on the wage program. Any worker listed on a payroll at an apprentice wage rate. determination for the work actually performed who is not registered or otherwise empioyed as stated above, shall be paid not less than the applicable wage rate on the wage in the event the Employment and Training Administration withdraws determination for the classification of work actually performed. In approval of a training program, the contractor will no longer be addition, any apprentice performing work on the job site in excess of permitted to utilize trainees at less than the applicable predetermined the ratio permitted under the registered program shall be paid not rate for the work performed until an acceptable program is approved less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing c. Equal employment opportunity. The utilization of apprentices. construction on a project in a locality other than that in which its trainees and journeymen under this part shall be in conformity with program is registered, the ratios and wage rates (expressed in the equal employment opportunity requirements of Executive Order percentages of the journeyman's hourly rate) specified in the 11246. as amended. and 29 CFR part 30 contractor's or subcontractor's registered program shall be observed.
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Local Assistance Procedures Manual Exhibit 12-G
Reguired Federal-Aid Contract Language
d. Apprentices and Trainees (programs of the U.S. DOT). V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Apprentices and trainees working under apprenticeship and skill Pursuant to 29 CFR 5.5(b), the following clauses apply to any training programs which have been certified by the Secretary of Federal-aid construction contract in an amount in excess of $100,000 Transportation as promoting EEO in connection with Federal-aid and subject to the overtime provisions of the Contract Work Hours highway construction programs are not subject to the requirements and Safety Standards Act. These clauses shall be inserted in addition of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in straight time hourly wage rates for apprentices and trainees under this paragraph, the terms laborers and mechanics include watchmen such programs will be established by the particular programs. The and guards. ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or
5. Compliance with Copeland Act requirements. The contractor involve the employment of laborers or mechanics shall require or shall comply with the requirements of 29 CFR part 3, which are permit any such laborer or mechanic in any workweek in which he or incorporated by reference in this contract as provided in 29 CFR 5.5. she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at
6. Subcontracts. The contractor or subcontractor shall insert Form a rate not less than one and one-half times the basic rate of pay for all FHWA-1273 in any subcontracts and also require the hours worked in excess of forty hours in such workweek. 29 CFR 5.5. subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the 2. Violation; liability for unpaid wages; liquidated damages. in the compilance by any subcontractor or lower tier subcontractor with all event of any violation of the clause set forth in paragraph 1 of this the contract clauses in 29 CFR 5.5. section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
7. Contract termination: debarment. A breach of the contract subcontractor shall be liable to the United States (in the case of work clauses in 29 CFR 5.5 may be grounds for termination of the done under contract for the District of Columbia or a territory, to such contract, and for debarment as a contractor and a subcontractor as District or to such territory), for liquidated damages. Such liquidated provided in 29 CFR 5.12 damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, empioyed in violation of
8. Compliance with Davis-Bacon and Related Act the clause set forth in paragraph 1 of this section, in the sum currently requirements. All rulings and interpretations of the Davis-Bacon provided in 29 CFR 5.5(b)(2)* for each calendar day on which such and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein individual was required or permitted to work in excess of the standard incorporated by reference in this contract as provided in 29 CFR 5.5. workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 29 CFR
9. Disputes concerning labor standards. As provided in 29 CFR 5.5
5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this * $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may be contract. Such disputes shall be resolved in accordance with the adjusted annually by the Department of Labor: pursuant to the procedures of the Department of Labor set forth in 29 CFR parts 5 Federal Civil Penalties Inflation Adjustment Act of 1990). 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the 3. Withholding for unpaid wages and liquidated damages. The contracting agency, the U.S. Department of Labor, or the employees FHWA or the contacting agency shall upon its own action or upon or their representatives. written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on
10. Certification of eligibility (29 CFR 5.5) account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime a. By entering into this contract, the contractor certifies that contractor, or any other federally-assisted contract subject to the neither it (nor he or she) nor any person or firm who has an interest Contract Work Hours and Safety Standards Act, which is held by the in the contractor's firm is a person or firm ineligible to be awarded same prime contractor, such sums as may be determined to be Government contracts by virtue of section 3(a) of the Davis-Bacon necessary to satisfy any liabilities of such contractor or subcontractor Act or 29 CFR. 5.12(a)(1). for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section, 29 CFR 5.5.
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Goverment contract by virtue of 4. Subcontracts. The contractor or subcontractor shall insert in any section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). subcontracts the clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors to include The penalty for making false statements is prescribed in the these clauses in any lower tier subcontracts. The prime contractor U.S. Criminal Code, 18 U.S.C. 1061.
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 29 CFR 5.5.
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
VI. SUBLETTING OR ASSIGNING THE CONTRACT 5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts: however, contracting agencies This provision is applicable to all Federal-aid construction contracts may establish their own self-performance requirements. 23 CFR on the National Highway System pursuant to 23 CFR 635.116 635.116(d).
1. The contractor shall perform with its own organization contract VIl. SAFETY: ACCIDENT PREVENTION work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract This provision is applicable to all Federal-aid construction contracts price, excluding any specialty items designated by the contracting and to all related subcontracts. agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted 1. In the performance of this contract the contractor shail complywith from the total original contract price before computing the amount of all applicable Federal, State, and local laws governing safety. health. work required to be performed by the contractor's own organization and sanitation (23 CFR Part 635). The contractor shall provide all (23 CFR 635.116). safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer a. The term "perform work with its own organization" in paragraph may determine, to be reasonably necessary to protect the life and 1 of Section VI refers to workers employed or leased by the prime health of employees on the job and the safety of the public and to contractor, and equipment owned or rented by the prime contractor, protect property in connection with the performance of the work with or without operators. Such term does not include employees or covered by the contract. 23 CFR 635.108. equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include 2. It is a condition of this contract, and shall be made a condition of payments for the costs of hiring leased employees from an each subcontract, which the contractor enters into pursuant to this employee leasing firm meeting all relevant Federal and State contract, that the contractor and any subcontractor shall not permit regulatory requirements. Leased employees may only be included in any employee, in performance of the contract, to work in surroundings this term if the prime contractor meets all of the following conditions: or under conditions which are unsanitary, hazardous or dangerous to (based on longstanding interpretation) his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of (1) the prime contractor maintains control over the supervision of Labor, in accordance with Section 107 of the Contract Work Hours the day-to-day activities of the leased employees; and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. (2) the prime contractor remains responsible for the quality of the 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the work of the teased employees; Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or (3) the prime contractor retains all power to accept or exclude investigate the matter of compliance with the construction safety and individual employees from work on the project, 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 (4) the prime contractor remains ultimately responsible for the U.S.C. 3704). payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal VIlI. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS regulatory requirements.
This provision is applicable to all Federal-aid construction contracts b. "Specialty Items" shall be construed to be limited to work that and to all related subcontracts. requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified in order to assure high quality and durable construction in conformity and expected to bid or propose on the contract as a whole and in with approved plans and specifications and a high degree of reliability general are to be limited to minor components of the overall on statements and representations made by engineers, contractors, contract. 23 CFR 635.102. suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as
2. Pursuant to 23 CFR 635.116(a), the contract amount upon which carefully, thoroughly, and honestly as possible. Willful falsification, the requirements set forth in paragraph (1) of Section VI is distortion, or misrepresentation with respect to any facts related to the computed includes the cost of material and manufactured products project is a violation of Federal law. To prevent any misunderstanding which are to be purchased or produced by the contractor under the regarding the seriousness of these and similar acts, Form FHWA-1022 contract provisions. 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
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a concerned with the project:
competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in 18 U.S.C. 1020 reads as foliows:
accordance with the contract requirements. and is in charge of all construction operations (regardiess of who performs the work) and "Whoever, being an officer, agent, or employee of the United States, (b) such other of its own organizational resources (supervision. or of any State or Territory, or whoever, whether a person. management, and engineering services) as the contracting officer association, firm, or corporation, knowingly makes any false determines is necessary to assure the performance of the contract. statement, false representation, or faise report as to the character. quality, quantity, or cost of the material used or to be used. or the
4. No portion of the contract shall be sublet, assigned or otherwise quantity or quality of the work performed or to be performed, or the disposed of except with the written consent of the contracting officer. or cost thereof in connection with the submission of pians, maps. authorized representative, and such consent when given shall not be specifications, contracts, or costs of construction on any highway or construed to relieve the contractor of any responsibility for the futiliment related project submitted for approval to the Secretary of of the contract. Written consent will be given only after the contracting Transportation; or 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 fong-standing interpretation of 23 CFR 635.116). 45 August 2022
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Whoever knowingly makes any faise statement, false c. The certification in this clause is a material representation of fact representation, false report or false claim with respect to the upon which reliance was placed when the contracting agency character, quality, quantity, or cost of any work performed or to be determined to enter into this transaction. If it is later determined that the performed, or materials furnished or to be furnished, in connection prospective participant knowingly rendered an erroneous certification, in with the construction of any highway or related project approved addition to other remedies available to the Federal Government, the by the Secretary of Transportation; or contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate. or d. The prospective first tier participant shall provide immediate written report submitted pursuant to provisions of the Federal-aid Roads notice to the contracting agency to whom this proposal is submitted if Act approved July 11, 1916. (39 Stat. 355), as amended and 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.
Shall be fined under this title or imprisoned not more than 5 years or both." e. The terms "covered transaction." "debarred," "suspended," "ineligible." "participant,' "person," "principal," and "voluntarily excluded." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL as used in this clause, are defined in 2 CFR Parts 180, Subpart I.
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 180.900-180.1020, and 1200. "First Tier Covered Transactions" refers to 200.88; EO 11738) any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower This provision is applicable to all Federal-aid construction Tier Covered Transactions" refers to any covered transaction under a contracts in excess of $150,000 and to all related subcontracts. 48 First Tier Covered Transaction (such as subcontracts). "First Tier CFR 2.101: 2 CFR 200.326. Participant" refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the By submission of this bid/proposal or the execution of this contract prime or general contractor). "Lower Tier Participant" refers any or subcontract, as appropriate, the bidder, proposer, Federal-aid participant who has entered into a covered transaction with a First Tier construction contractor, subcontractor, supplier, or vendor agrees Participant or other Lower Tier Participants (such as subcontractors and to comply with all applicable standards, orders or regulations suppliers). 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 f. The prospective first tier participant agrees by submitting this 1251-1387). Violations must be reported to the Federal Highway proposal that, should the proposed covered transaction be entered into.
Administration and the Regional Office of the Environmental it shall not knowingly enter into any lower tier covered transaction with a Protection Agency. 2 CFR Part 200, Appendix II. person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized The contractor agrees to include or cause to be included the by the department or agency entering into this transaction. 2 CFR requirements of this Section in every subcontract, and further 180.330 agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.326. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION. Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier INELIGIBILITY AND VOLUNTARY EXCLUSION Covered Transactions." provided by the department or contracting agency, entering into this covered transaction, without modification, in all This provision is applicable to all Federal-aid construction iower tier covered transactions and in all solicitations for lower tier contracts, design-build contracts, subcontracts, lower-tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 subcontracts, purchase orders, lease agreements, consultant: and 180.300 contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more - as defined h. A participant in a covered transaction may rely upon a certification in 2 CFR Parts 180 and 1200.2 CFR 180.220 and 1200.220 of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered
1. Instructions for Certification - First Tier Participants: transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring a. By signing and submitting this proposal, the prospective first that its principals are not suspended, debarred. or otherwise ineligible to tier participant is providing the certification set out below. participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier b. The inability of a person to provide the certification set out prospective participants, each participant may, but is not required to. below will not necessarily result in denial of participation in this check the System for Award Management website covered transaction. The prospective first tier participant shall (https://www.sam.gov/). 2 CFR 180.300. 180.320, and 180.325. submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in i. Nothing contained in the foregoing shall be construed to require the connection with the department or agency's determination whether establishment of a system of records in order to render in good faith the to enter into this transaction. However, failure of the prospective certification required by this clause. The knowledge and information of tirst tier participant to furnish a certification or an explanation shall the prospective participant is not required to exceed that which is disqualify such a person from participation in this transaction. 2 normally possessed by a prudent person in the ordinary course of CFR 180.320] business dealings.
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j. Except for transactions authorized under paragraph (f) of these b. The certification in this cause is a material representation of fact instructions, if a participant in a covered transaction knowingly upon which rellance was placed when this transaction was entered enters into a lower tier covered transaction with a person who is into. If it is later determined that the prospective lower tier participant suspended, debarred, ineligible, or voluntanly excluded from knowingly rendered an erroneous certification, in addition to other participation in this transaction, in addition to other remedies remedies available to the Federal Government, the department. or available to the Federal Government, the department or agency agency with which this transaction originated may pursue available may terminate this transaction for cause or default. 2 CFR 180.325. 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
2. Certification Regarding Debarment, Suspension, Ineligibility any time the prospective lower tier participant learns that its and Voluntary Exclusion - First Tier Participants: certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
a. The prospective first tier participant certifies to the best ofits knowledge and belief, that it and its principals: d. The terms "covered transaction," "debarred." "suspended," "ineligible." "participant," "person." "principal." and "voluntarily (1) Are not presently debarred, suspended, proposed for excluded." as used in this clause, are defined in 2 CFR Parts 180. debarment, declared ineligible, or voluntarily excluded from Subpart 1, 180.900 - 180.1020, and 1200. You may contact the participating in covered transactions by any Federal department person to which this proposal is submitted for assistance in obtaining or agency, 2 CFR 180.335:. a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a recipient or subrecipient of (2) Have not within a three-year period preceding this proposal Federal funds and a participant (such as the prime or general been convicted of or had a civil judgment rendered against them contract). "Lower Tier Covered Transactions" refers to any covered for commission of fraud or a criminal offense in connection with transaction under a First Tier Covered Transaction (such as obtaining, attempting to obtain, or performing a public (Federal. subcontracts). "First Tier Participant" refers to the participant who has State, or local) transaction or contract under a public transaction; entered into a covered transaction with a recipient or subrecipient of violation of Federal or State antitrust statutes or commission of Federal funds (such as the prime or general contractor). "Lower Tier embezzlement, theft, forgery, bribery, falsification or destruction Participant" refers any participant who has entered into a covered of records, making false statements, or receiving stolen property. transaction with a First Tier Participant or other Lower Tier 2 CFR 180.800; Participants (such as subcontractors and suppliers). (3) Are not presently indicted for or otherwise criminally or civilly e. The prospective lower tier participant agrees by submitting this charged by a governmental entity (Federal, State or local) with proposal that, should the proposed covered transaction be entered commission of any of the offenses enumerated in paragraph into, it shall not knowingly enter into any lower tier covered (a)(2) of this certification, 2 CFR 180.700 and 180.800: and transaction with a person who is debarred. suspended, declared ineligible, or voluntarily excluded from participation in this covered (4) Have not within a three-year period preceding this transaction, unless authorized by the department or agency with application/proposal had one or more public transactions which this transaction originated. 2 FR 1200.220 and 1200.332 (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). 1. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled (5) Are not a corporation that has been convicted of a felony "Certification Regarding Debarment, Suspension, Ineligibility and violation under any Federal law within the two-year period Voluntary Exclusion-Lower Tier Covered Transaction." without preceding this proposal (USDOT Order 4200.6 implementing modification, in all lower tier covered transactions and in all appropriations act requirements); and solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative g. A participant in a covered transaction may rely upon a remedies have been exhausted, or have lapsed, and that is not certification of a prospective participant in a lower tier covered being paid in a timely manner pursuant to an agreement with the transaction that is not debarred, suspended. ineligible, or voluntarily authority responsible for collecting the tax liability (USDOT Order excluded from the covered transaction, unless it knows that the 4200.6 implementing appropriations act requirements). certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise b. Where the prospective participant is unable to certify to any of ineligible to participate in covered transactions. To verify the eligibility the statements in this certification, such prospective participant of its principals, as well as the eligibility of any lower tier prospective should attach an explanation to this proposal. 2 CFR 180.335 and panicipants, each participant may, but is not required to, check the 180.340 System for Award Management website (https://www.sam.gov!) which is compiled by the General Services Administration. 2 CFR
3. Instructions for Certification - Lower Tier Participants: 180.300. 180.320, 180.330. and 180.335 (Applicable to all subcontracts. purchase orders, and other lower tier h. Nothing contained in the foregoing shall be construed to require transactions requiring prior HWA approval or estimated to cost establishment of a system of records in order to render in good faith $25.000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 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 a. By signing and submitting this proposal, the prospective lower tier business dealings. participant is providing the certification set out below. 47 August 2022
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i. Except for transactions authorized under paragraph e of these 2. This certification is a material representation of fact upon which instructions, if a participant in a covered transaction knowingly reliance was placed when this transaction was made or entered into. enters into a lower tier covered transaction with a person who is Submission of this certification is a prerequisite for making or suspended, debarred, ineligible, or voluntarily excluded from entering into this transaction imposed by 31 U.S.C. 1352. Any person participation in this transaction, in addition to other remedies who fails to file the required certification shall be subject to a civil available to the Federal Government. the department or agency with penalty of not less than $10.000 and not more than $100,000 for which this transaction originated may pursue available remedies. each such failure. including suspension and/or debarment. 2 CFR 180.325.
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 Certification Regarding Debarment, Suspension, Ineligibility $100,000 and that all such recipients shall certify and disclose and Voluntary Exclusion-Lower Tier Participants:
1. The prospective lower tier participant certifies, by submission of XII. USE OF UNITED STATES-FLAG VESSELS:
this proposal, that neither it nor its principals:
This provision is applicable to all Federal-aid construction contracts. (a) is presently debarred, suspended, proposed for debarment. design-build contracts, subcontracts, lower-tier subcontracts. declared ineligible, or voluntarily excluded from participating in purchase orders, lease agreements, or any other covered covered transactions by any Federal department or agency, 2 transaction. 46 CFR Part 381.
CFR 180.355;
This requirement applies to material or equipment that is acquired for (b) is a corporation that has been convicted of a felony violation a specific Federal-aid highway project. 46 CFR 381.7. It is not under any Federal law within the two-year period preceding this applicable to goods or materials that come into inventories proposal (USDOT Order 4200.6 implementing appropriations act independent of an FHWA funded-contract. requirements); and
When oceanic shipments (or shipments across the Great Lakes) are (c) is a corporation with any unpaid Federal tax liability that has necessary for materials or equipment acquired for a specific Federal- been assessed, for which all judicial and administrative remedies aid construction project, the bidder, proposer, contractor. have been exhausted, or have lapsed, and that is not being paid subcontractor, or vendor agrees:
in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 1. To utilize privately owned United States-flag commercial vessels implementing appropriations act requirements) to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers)
2. Where the prospective lower tier participant is unable to certify to involved. whenever shipping any equipment, material, or any of the statements in this certification, such prospective commodities pursuant to this contract, to the extent such vessels are participant should attach an explanation to this proposal. 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 XI. CERTIFICATION REGARDING USE OF CONTRACTFUNDS shipments originating within the United States or within 30 working FOR LOBBYING days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on-board' commercial This provision is applicable to all Federal-aid construction contracts ocean bill-of-lading in English for each shipment of cargo described and to all related subcontracts which exceed $100.000, 49 CFR Pari in paragraph (b)(1) of this section to both the Contracting Officer
20. App. A (through the prime contractor in the case of subcontractor bills-of- lading) and to the Office of Cargo and Commercial Sealift (MAR
1. The prospective participant certifies, by signing and submitting this 620), Maritime Administration, Washington, DC 20590. (MARAD bid or proposal, to the best of his or her knowledge and belief. that: requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may
3. No Federal appropriated funds have been paid or will be paid, by contain business sensitive information and therefore may be or on behalf of the undersigned, to any person for influencing or submitted directly to MARAD by the Ocean Transportation attempting to influence an officer or employee of any Federal agency. Intermediary on behalf of the contractor). 46 CFR 381.7 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.
If any funds other than Federal appropriated funds have been paid or wil be paid to any person for influencing or attempting to niluence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress,
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
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12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization (45 Fed Reg 65984 (10/3/1980)) are as follows:
MINORITY UTILIZATION GOALS
Goal
Economic
(Percent)
Area
Redding CA:
Non-SMSA (Standard Metropolitan Statistical Area Counties: 6.8 CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskivou: CA Tehama Eureka, CA
175 Non-SMSA Counties: 6.6
CA Del Norte; CA Humboldt; CA Trinity
San Francisco-Oakland-San Jose, CA:
SMSA Counties:
7120 Salinas-Seaside-Monterey, CA 28.9
CA Monterey
25.6 7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA
19.6 CA Santa Clara, CA
176 7485 Santa Cruz, CA
14.9 CA Santa Cruz
7500 Santa Rosa
9.1 CA Sonoma
8720 Vallejo-Fairfield-Napa, CA 17.1
CA Napa; CA Solano
Non-SMSA Counties: 23.2
CA Lake; CA Mendocino; CA San Benito
Sacramento, CA:
SMSA Counties:
177 6920 Sacramento, CA 16.1
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties 14.3
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba
Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12.3
CA Stanislaus
178
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras: CA Mariposa: CA Merced; CA Tuolumne Fresno-Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, CA 19.1
CA Kern
2840 Fresno, CA 26.1
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CA Fresno
Non-SMSA Counties: 23.6
CA Kings; CA Madera: CA Tulare
Los Angeles, CA:
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA 11.9
CA Orange
4480 Los Angeles-Long Beach, CA 28.3
CA Los Angeles 21.5
180 6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura 19.0
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside: CA San Bernardino
19.7 7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara 24.6
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:
SMSA Counties
7320 San Diego, CA 16.9
181 CA San Diego
Non-SMSA Counties 18.2
CA imperial
For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.
13. TITLE VI ASSURANCES
The U.S. Department of Transportation Order No. 1050.2A requires all federal-aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and E. Appendix B only requires inclusion it the contract impacts deeds electing or recording the transfer of real property, structures, or improvements thereon, or granting interest therein. Appendices C and Doniy require inclusion if the contract impacts deeds. licenses, leases, permits, or similar instruments entered into by the recipient.
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a partof this agreement.
b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. a. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be 51 August 2022
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performed under a Sub-agreement, including procurements of materials or leases of equipment, 52 August 2022
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each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR'S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within areasonable period of time, not to exceed 90 days; and/or
li. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release. quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever. subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows. which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant 53 August 2022
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and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person 54 August 2022
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will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [.] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended. and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
55 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
("Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21 • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability): and 49 CR Pant 27:
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seg.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987. (PL 100-209). (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964. The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors. 56 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
whether such programs or activities are Federally funded or not); 57 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
• Titles Il and Ill of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 8§ 12131 - 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex):
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seg).
14. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) The CONTRACTOR 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 carries, 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.
2. To Furnish within 20 days following the date of loading for shipments originating within the United State 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 (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.
3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
Federal Trainee Program Special Provisions
(to be used when applicable)
15. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices i_ This section applies if a number of trainees or apprentices is specified in the special provisions.
As part of the prime contractor's equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.
The prime contractor has primary responsibility for meeting this training requirement.
If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.
Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor's needs and the availability of journeymen in the various ciassifications within a reasonable recruitment area.
Before starting work, the prime contractor shall submit to the City/County of
1. Number of apprentices or trainees to be trained for each classification 58 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
2. Training program to be used
59 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
3. Training starting date for each classification
The prime contractor shall obtain the City/County of _approval for this submitted information before the prime contractor starts work. The City/County of .. credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women toward journeyman status.
The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training
The prime contractor shall not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman
2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor's records must show the employee's answers to the questions.
In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City/County of ..and FHWA approves a program if one of the following is met:
1. It is calculated to:
• Meet the your equal employment opportunity responsibilities • Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period
2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts
The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.
The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.
The City/County of _reimburses the prime contractor 80 cents per hour of training given an employee on thiscontract under an approved training program:
1. For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and prime contractor does at least one of the following:
a. Contribute to the cost of the training
b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period
3. If the prime contractor complies with this section.
Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work 60 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
classification or until the apprentice or trainee has completed the training program 61 August 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
The prime contractor shall furnish the apprentice or trainee with a copy of the program that the prime contractor will comply with in providing the training.
16. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND
SERVICES
In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to:
• Procure or obtain;
• Extend or renew a contract to procure or obtain; or
* Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial oressential component of any system, or as critical technology as part of any system.
The prohibited vendors (and their subsidiaries or affiliates) are:
• Huawei Technologies Company;
• ZTE Corporation;
• Hytera Communications Corporation;
• Hangzhou Hikvision Digital Technology Company;
• Dahua Technology Company; and
• Subsidiaries or affiliates of the above-mentioned companies. in implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained
The contractors should furnish telecommunications and video surveillance equipment with a certificate of compliance. The certificate must state telecommunications and video surveillance equipment was not procured or obtained trom manufacturers identified in the above list. 62 August 2022
"General Decision Number: CA20210018 07/16/2021
Superseded General Decision Number: CA20200018
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and Tuolumne Counties in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 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, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a
classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR
5.1(a)(2)-(60). Additional information on contractor
requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
63 01/01/2021
1 01/08/2021
2 01/15/2021
01/22/2021
02/05/2021
02/19/2021
6 02/26/2021
03/05/2021
04/02/2021
9 04/23/2021
10 05/07/2021
11 05/14/2021
12 06/04/2021
13 06/18/2021
14 06/25/2021
15 07/02/2021
16 07/09/2021
17 07/16/2021
ASBE0016-004 01/01/2021
AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED,
MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS &
TOULMNE COUNTIES
AREA 2: ALAMEDA, CONTRA COSTA, SAN FRANSICO, SAN MATEO & SANTA
CLARA COUNTIES
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)
Area 1.... ...$ 30.45 10.60
Area 2.. .$ 36.53 9.27
....-
ASBE0016-008 01/01/2021
AREA 1: ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN
FRANSICO, SAN MATEO, SANTA CLARA, & SANTA CRUZ
64 AREA 2: CALAVERAS, COLUSA, FRESNO, KINGS, MADERA, MARIPOSA,
MERCED, SAN JOAQUIN, STANISLAU, & 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..............$ 74.16 23.58
Area 2......................$ 46.81
33.50 BOIL0549-001 10/01/2016
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA
CLARA COUNTIES
AREA 2: REMAINING COUNTIES
Rates Fringes
BOILERMAKER
Area 1. $ 43.28 37.91
Area 2 .$ 39.68 35.71
BRCA0003-001 08/01/2020
Rates Fringes
MARBLE FINISHER $ 36.53 17.08
BRCA0003-003 08/01/2020
Rates Fringes
MARBLE MASON. $ 51.30 28.47
.......- •
BRCA0003-005 05/01/2020
Rates Fringes
BRICKLAYER
( 1) Fresno, Kings,
65 Madera, Mariposa, Merced...$ 43.68 22.19
( 7) San Francisco, San
Mateo. .....$ 47.65 26.77
( 8) Alameda, Contra
Costa, San Benito, Santa
Clara... .$ 49.42 22.70
( 9) Calaveras, San
Joaquin, Stanislaus,
Toulumne.. .$ 45.12 21.55
(16) Monterey, Santa Cruz...$ 45.88 25.02
BRCA0003-008 07/01/2019
Rates Fringes
TERRAZZO FINISHER....... ......$ 37.58 17.33
TERRAZZO WORKER/SETTER.. …..$ 48.53 26.84
BRCA0003-011.04/01/2019
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. $29.94 16.38
Area 2 .$ 25.60 14.30
Area 3. $ 26.58 15.65
Tile Layer
Area 1. .$ 49.90 19.16
Area 2 $ 42.67 16.81
Area 3 $ 40.27 18.58
CARP0022-001 07/01/2021
San Francisco County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter. $54.85 31.49
66 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
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 150ft $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 67 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
68 Rates Fringes
Drywall Installers/Lathers:
Area 1. $ 52.65 31.26
Area 2 .$ 46.77
Area 3. ..$ 47.27
Area 4. $ 45.92
Drywall Stocker/Scrapper
Area 1. …$ 26.33
Area 2 $ 23.39
Area 3 $ 23.64
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
69 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..............Ş45.57 30.82
Journeyman Carpenter.…...$ 45.42 30.82
Millwright. $ 47.92 32.41
CARPO217-001 07/01/2021
San Mateo County
Rates Fringes
Carpenters
Bridge Builder/Highway
$ 54.85
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Journeyman Carpenter. 31.49
Millwright.
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
70 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
$49.12 31.49
Journeyman Carpenter... ..$ 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
71 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
72. 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 12/01/2020
SAN FRANCISCO COUNTY
Rates Fringes
Sound & Communications
Instailer... ..$ 46.00 3%+21.65
Technician. $ 52.90 3%+21.65
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 systerns (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 06/01/2021
SAN FRANCISCO COUNTY
Rates Fringes
73 ELECTRICIAN $ 80.00 3%+39.215
ELEC0100-002 06/01/2021
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
ELECTRICIAN $ 40.50 25.37
ELEC0100-005 12/01/2019
FRESNO, KINGS, MADERA
Rates Fringes
Communications System
Installer...... .....$ 35.25 20.86
Technician.... ....$ 40.54 21.02
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 74 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.
ELECO234-001 12/28/2020
MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes
ELECTRICIAN
Zone A... ..$ 53.41 27.95
Zone B $ 58.75 28.11
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 12/01/2020
75 MONTEREY, SAN BENITO, AND SANTA CRUZ COUNTIES
Rates Fringes
Sound & Communications
Installer.... ...$ 45.50 22.52
Technician. ..$ 52.33 22.72
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 03/01/2021
CONTRA COSTA COUNTY
Rates Fringes
CABLE SPLICER. ..$63.86 29.17
ELECTRICIAN $56.76 28.95
ELEC0302-003 12/01/2020
CONTRA COSTA COUNTY
Rates Fringes
Sound & Communications
Installer. ..$ 42.11 22.52
76 Technician.... ..$ 44.83 22.72
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.
ELECO332-001 06/01/2020
SANTA CLARA COUNTY
Rates Fringes
CABLE SPLICER.. ..$ 82.25 40.66
ELECTRICIAN $ 71.52 40.34
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 12/01/2020
SANTA CLARA COUNTY
77 Rates Fringes
Sound & Communications
Installer....... ......$ 45.50 22.515
Technician.. ....$ 52.33 22.72
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 06/01/2021
ALAMEDA COUNTY
Rates Fringes
CABLE SPLICER $ 72.80 3%+39.94
ELECTRICIAN. $ 63.30 3%+39.94
ELEC0595-002 06/01/2021
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
CABLE SPLICER. .$ 50.70 7.75%+25.58
ELECTRICIAN
(1) Tunnel work... $ 44.25 7.75%+25.58
(2) All other work $ 42.25 7.75%+25.58
78 ELEC0595-006 12/01/2020
ALAMEDA COUNTY
Rates Fringes
Sound & Communications
Installer...... ...$ 45.50 3%+21.15
Technician $ 52.33 3%+21.15
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
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 12/01/2020
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
Communications System
Installer...... $ 36.83 3%+ 21.15
Technician... ..$ 42.35 3%+21.15
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
79 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 06/01/2021
SAN MATEO COUNTY
Rates Fringes
ELECTRICIAN. $ 70.00 41.74
.....
ELEC0617-003 12/01/2020
SAN MATEO COUNTY
Rates Fringes
Sound & Communications
Installer....... ...$ 45.50 22.52
Technician... ..$ 52.33 22.72
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 80 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 06/01/2021
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
ELECTRICIAN. $ 42.00 3%+25.13
CABLE SPLICER = 110% of Journeyman Electrician
ELEC0684-004 12/01/2020
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
Communications System
Installer..... $ 36.83 22.25
Technician ..$ 42.35 22.42
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
81 (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 06/01/2021
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 60.19 21.94
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment)... ....$ 48.08 20.73
3) Groundman.. ..$ 36.76 20.33
(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 01/01/2021
Rates Fringes
ELEVATOR MECHANIC. $ 72.10 35.825+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.
ENG 0003-001 06/29/2020
''"'AREA 1'" WAGE RATES ARE LISTED BELOW
82 ''''AREA 2'''' RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1 RATES.
SEE AREA DEFINITIONS BELOW
Rates Fringes
OPERATOR: Power Equipment
(AREA 1:)
GROUP 1 ..$ 51.42 31.15
GROUP 2 $ 49.89 31.15
GROUP 3. $ 48.41 31.15
GROUP 4 $47.03 31.15
GROUP 5.. ..$ 45.76 31.15
GROUP 6. $ 44,44 31.15
GROUP 7. $ 43.30 31.15
GROUP 8 $ 42.16 31.15
GROUP 8-A. ...$ 39.95 31.15
OPERATOR: Power Equipment
(Cranes and Attachments •
AREA 1:)
GROUP 1.
Cranes.. $ 52.30 31.15
Oiler.. $ 43.79 31.15
Truck crane oiler.. .$ 46.08 31.15
GROUP 2
Cranes.. $ 50.54 31.15
Oiler.... $ 42.83 31.15
Truck crane oiler.. ....$ 45.07 31.15
GROUP 3
Cranes.. $ 48.80 31.15
Hydraulic. ..$ 44.44 31.15
Oiler.. $42.55 31.15
Truck crane oiler •$ 44.83 31.15
GROUP 4
Cranes. ..$45.76 31.15
OPERATOR: Power Equipment
(Piledriving - AREA 1:)
GROUP 1
Lifting devices. ..$52.64 31.15
Oiler... $ 43.38 31.15
Truck Crane Oiler. ..$45.66 31.15
GROUP 2
Lifting devices. $ 50.82 31.15
Oiler.. $43.11 31.15
Truck Crane Oiler. ….$45.41 31.15
GROUP 3
83 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 G
Lifting devices.... $ 42.50 31.15
OPERATOR: Power Equipment
(Steel Erection - AREA 1:)
GROUP 1
Cranes $53.27 31.15
Oiler..... $43.72 31.15
Truck Crane Oiler.........$ 45.95 31.15
GROUP 2
Cranes. ..$ 51.50 31.15
Oiler. $ 43.45 31.15
Truck Crane Oiler. ...$ 45.73 31.15
GROUP 3
Cranes. .$ 50.02 31.15
Hydraulic $ 45.07 31.15
Oiler.. $ 43.23 31.15
Truck Crane Oiler .$45.46 31.15
GROUP 4
Cranes.... $ 48.00 31.15
GROUP 5
Cranes. .$ 46.70 31.15
OPERATOR: Power Equipment
(Tunnel and Underground Work
- AREA 1:)
SHAFTS, STOPES, RAISES:
GROUP 1. ..$ 47.52 31.15
GROUP 1-A $ 49.99 31.15
GROUP 2 $ 46.26 31.15
GROUP 3 $ 44.93 31.15
GROUP 4 $43.79 31.15
GROUP 5.... $ 42.65 31.15
UNDERGROUND:
GROUP 1.... $47.42 31.15
GROUP 1-A $49.89 31.15
GROUP 2. …$ 46.16 31.15
GROUP 3 $ 44.83 31.15
GROUP 4. $ 43.69 31.15
GROUP 5 $ 42.55 31.15
FOOTNOTE: Work suspended by ropes or cables, or work on a Yo-Yo Cat: $.60 per hour additional.
84 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, L.DH, 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 85 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 86 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,
87 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 88 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 S: 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
89 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 07/20/2020
Rates Fringes
Dredging: (DREDGING:
CLAMSHELL & DIPPER DREDGING;
HYDRAULIC SUCTION DREDGING:)
AREA 1:
(1) Leverman.. ..$ 49.88 34.35
(2) Dredge Dozer; Heavy
duty repairman.. ...$44.92 34.35
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator.......... ......$ 43.80 34.35
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler. $ 40.50 34.35
AREA 2:
(1) Leverman.. $ 51.88 34.35
(2) Dredge Dozer; Heavy
duty repairman.. ...$ 46.92 34.35
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator............ $ 45.80 34.35
90 (4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 42.50 34.35
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
91 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 Centrai part and the Northeastern border with Shasta County
Area 2: Remainder
TUOLUMNE COUNTY:
92 Area 1: Except Eastern part
Area 2: Eastern part
ENGI0003-019 06/29/2020
SEE AREA DESCRIPTIONS BELOW
Rates Fringes
OPERATOR: Power Equipment
(LANDSCAPE WORK ONLY)
GROUP 1
AREA 1.. .$ 39.95 30.28
AREA 2.. $ 41.95 30.28
GROUP 2
AREA 1. $ 36.35 30.28
AREA 2. $ 38.35 30.28
GROUP 3
AREA 1.... ...$ 31.74 30.28
AREA 2 $ 33.74 30.28
GROUP DESCRIPTIONS:
GROUP 1: Landscape Finish Grade Operator: All finish grade work regardless of equipment used, and all equipment with a rating more than 65 HP.
GROUP 2: Landscape Operator up to 65 HP: All equipment with a manufacturer's rating of 65 HP or less except equipment covered by Group 1 or Group 3. The following equipment
shall be included except when used for finish work as long as manufacturer's rating is 65 HP or less: A-Frame and
Winch Truck, Backhoe, Forklift, Hydragraphic Seeder
Machine, Roller, Rubber-Tired and Track Earthmoving
Equipment, Skiploader, Straw Blowers, and Trencher 31 HP up to 65 HP.
GROUP 3: Landscae Utility Operator: Small Rubber-Tired
Tractor, Trencher Under 31 HP.
AREA DESCRIPTIONS:
AREA I: 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
93 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: tastern part
COLUSA COUNTY:
Area 1: Eastern part
Area 2: Remainder
DEL NORTE COUNTY:
Area 1: Extreme Southwestern corner
Area 2: Remainder
ELDORADO COUNTY:
Area I: 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
94 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
95 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 07/01/2020
ALAMEDA, CONTRA COSTA, SAN MATEO, SANTA CLARA & SAN FRANCISCO
COUNTIES
Rates Fringes
Ironworkers:
Fence Erector..... ....$ 34.58 24.81
Ornamental, Reinforcing
and Structural. $ 42.50 33.45
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock 96 IRON0433-00S 07/01/2020
REMAINING COUNTIES
Rates Fringes
IRONWORKER
Fence Erector.. ...$ 34.58 24.81
Ornamental, Reinforcing
and Structural. $ 41.00 33.45
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock LABO0067-002 06/28/2021
AREA ''''A''' - ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND
SANTA CLARA COUNTIES
AREA '''''''' - CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA,
MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, STANISLAUS, AND
TUOLUMNE COUNTIES
Rates Fringes
97 Asbestos Removal Laborer
All Counties...............$ 26.05 12.75
LABORER (Lead Removal)
Area A.. ..S 34.37 25.95
Area B... ..$ 33.37 25.95
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 06/25/2018
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE
Escort Driver, Flag Person..$ 29.54 23.65
Traffic Control Person I....$ 29.84 23.65
Traffic Control Person II...$ 27.34 23.65
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.
LAB00073-003 07/01/2020
SAN JOAQUIN COUNTY
Rates Fringes
LABORER
Mason Tender-Brick $ 32.84 23.71
...---
L.ABO0073-005 06/25/2018
Rates Fringes
98 Tunnel and Shaft Laborers:
GROUP 1. ..$ 37.82 24.11
GROUP 2 $37.59 24.11
GROUP 3 $ 37.34 24.11
GROUP 4 $ 36.89 24.11
GROUP 5.. $ 36.35 24.11
Shotcrete Specialist.......$ 38.34 24.11
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 06/25/2018
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS)
Construction Specialist
Group... ............$ 30.49 23.20
GROUP 1............. .....$ 29.79 23.20
GROUP 1-a........... ......$ 30.01 23.20
99 GROUP 1-c.. $ 29.84 23.20
GROUP 1-e. $ 30.34 23.20
GROUP 1-f $ 30.37 23.20
GROUP 2.. $ 29.64 23.20
GROUP 3 $ 29.54 23.20
GROUP 4 ...$ 23.23 23.20
See groups 1-b and I-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS)
(1) New Construction.....$ 29.54 23.20
(2) Establishment Warranty
Period $ 23.23 23.20
LABORER (GUNITE)
GROUP 1... ..$ 29.75 22.31
GROUP 2. $ 29.25 22.31
GROUP 3. $ 28.66 22.31
GROUP 4 $ 28.54 22.31
LABORER (WRECKING)
GROUP 1.. $ 29.79 23.20
GROUP 2 $ 29.64 23.20
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;
100
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 Ibs. 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 recentiy 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 101
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
pertormed 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 Ibs. 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 102
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 07/01/2018
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
LABORER (Plaster Tender). $ 32.02 23.00
Work on a swing stage scaffold: $1.00 per hour additional.
LABO0261-003 06/25/2018
SAN FRANCISCO AND SAN MATEO COUNTIES
103
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE
Escort Driver, Flag Person..$ 20.54 23.65
Traffic Control Person /....$ 30.84 23.65
Traffic Control Person II...$ 28.34 23.65
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.
LAB00261-005 06/25/2018
SAN FRANCISCO AND SAN MATEO COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1 $ 37.82 24.11
GROUP 2 $37.59 24.11
GROUP 3 $ 37.34 24.11
GROUP 4 $ 36.89 24.11
GROUP 5 $ 36.35 24.11
Shotcrete Specialist. ..$ 38.34 24.11
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 104
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
LAB00261-009 06/25/2018
SAN FRANCISCO, AND SAN MATEO COUNTIES
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group... $ 31.49 23.20
GROUP 1. ...$ 30.79 23.20
GROUP 1-a. $ 31.01 23.20
GROUP I-C.. •$ 30.84 23.20
GROUP I-e. $ 31.34 23.20
GROUP 1-f. $ 31.37 23.20
GROUP 2. $ 30.64 23.20
GROUP 3. $ 30.54 23.20
GROUP 4...... ....$ 24.23 23.20
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction.. ...$ 30.54 23.20
(2) Establishment Warranty
Period... ....$ 24.23 23.20
LABORER (WRECKING - AREA A:)
GROUP 1.. ..$ 30.79 23.20
GROUP 2 ..$ 30.64 23.20
Laborers: (GUNITE - AREA A:)
GROUP 1.. .$ 30.75 22.31
GROUP 2 $ 30.25 22.31
GROUP 3.. $ 29.66 22.31
GROUP 4 $ 29.54 22.31
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
105
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 Ibs. 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 106
and mold removal worker
GROUP I-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 I-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, 107
chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 Ibs. 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
108
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 05/01/2018
SAN FRANCISCO AND SAN MATEO COUNTIES:
Rates Fringes
MASON TENDER, BRICK $ 35.37 20.70
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 07/01/2017
SAN FRANCISCO AND SAN MATEO COUNTIES:
Rates Fringes
PLASTER TENDER, $ 34.70 23.11
Work on a swing stage scaffold: $1.00 per hour additional.
LABO0270-003 06/25/2018
AREA A: SANTA CLARA
AREA B: MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE
Escort Driver, Flag Person
Area A. ...$ 30.54 23.65
Area B.................$ 29.54 23.65
Traffic Control Person I
109
Area A. ..$ 30.84 23.65
Area B $ 29.84 23.65
Traffic Control Person I/
Area A... .....Ş 28.34 23.65
Area B .....$ 27.34 23.65
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.
LAB00270-004 06/25/2018
MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1. ..$ 37.82 24.11
GROUP 2 $ 37.59 24.11
GROUP 3. $ 37.34 24.11
GROUP 4. ..$ 36.89 24.11
GROUP 5.. $ 36.35 24.11
Shotcrete Specialist... $ 38.34 24.11
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP I: 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
110
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
LAB00270-005 07/01/2020
MONTEREY AND SAN BENITO COUNTIES
Rates Fringes
LABORER
Mason Tender-Brick... ..$ 32.84 23.71
LAB00270-007 06/25/2018
MONTEREY, SAN BENITO, AND SANTA CRUZ, COUNTIES
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA B)
Construction Specialist
Group $ 30.40 23.20
GROUP 1. ..$ 29.79 23.20
GROUP 1-a. $ 30.01 23.20
GROUP 1-C... $ 29.84 23.20
GROUP 1-e.. $ 30.34 23.20
GROUP 1-f. $ 30.37 23.20
GROUP 2.. $ 29.64 23.20
GROUP 3.. $ 29.54 23.20
GROUP 4.... ...$ 23.23 23.20
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA B)
(1) New Construction........$ 29.54 23.20
(2) Establishment Warranty
Period.. $ 23.23 23.20
LABORER (GUNITE - AREA B)
GROUP 1... $ 29.75 22.31
GROUP 2.. $ 29.25 22.31
GROUP 3.. ..$ 28.66 22.31
GROUP 4.. $ 28.54 22.31
LABORER (WRECKING - AREA B)
GROUP 1. $ 29.79 23.20
111
GROUP 2. .$ 29.64 23.20
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 Ibs. 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 112
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 S .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 113
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 Ibs. 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 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
114
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 06/25/2018
SANTA CLARA COUNTY
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group. $ 31.49 23.20
GROUP 1.. $ 30.79 23.20
GROUP 1-a. $ 31.01 23.20
GROUP 1-C. $ 30.84 23.20
GROUP 1-e. $ 31.34 23.20
GROUP 1-f. $ 30.37 23.20
GROUP 2.. $ 30.64 23.20
GROUP 3.. $ 30.54 23.20
GROUP 4. $ 24.23 23.20
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction.......$ 30.54 23.20
(2) Establishment Warranty
Period... …$ 24.23 23.20
LABORER (GUNITE - AREA A:)
GROUP 1. $ 30.75 22.31
GROUP 2. $ 30.25 22.31
GROUP 3.. $ 29.66 22.31
GROUP 4... ...$ 29.54 22.31
LABORER (WRECKING - AREA A:)
GROUP 1. $ 30.79 23.20
GROUP 2. $ 30.64 23.20
115
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
entitied 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 Ibs. 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 116
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 S .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 I-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
117
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 Ibs. 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.
8: 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
118
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 07/01/2017
MONTEREY, SAN BENITO, SANTA CRUZ, SANTA CLARA COUNTIES
Rates Fringes
LABORER (Plaster Tender). .$ 34.70 21.22
Work on a swing stage scaffold: $1.00 per hour additional.
LABO0294-001 07/01/2020
FRESNO, KINGS AND MADERA COUNTIES
Rates Fringes
LABORER (Brick)
Mason Tender-Brick. $ 32.84 23.71
LAB00294-002 06/25/2018
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person.$ 29.54 23.65
Traffic Control Person I....$ 29.84 23.65
Traffic Control Person II...$ 27.34 23.65
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.
119
TRAFFIC CONTROL PERSON Il: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
LABO0294-005 06/25/2018
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.. …$ 37.82 24.11
GROUP 2. $ 37.59 24.11
GROUP 3... $ 37.34 24.11
GROUP 4.. $ 36.89 24.11
GROUP 5... $ 36.35 24.11
Shotcrete Specialist. .....$ 38.34 24.11
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, Dumpen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
LABO0294-008 06/25/2018
120
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA B:)
Construction Specialist
Group... $ 30.49 23.20
GROUP 1.. $ 29.79 23.20
GROUP 1-a. $ 30.01 23.20
GROUP 1-C.. $ 29.84 23.20
GROUP 1-e. $ 30.34 23.20
GROUP 1-f $ 30.37 23.20
GROUP 2.. $ 29.64 23.20
GROUP 3.. ...$ 29.54 23.20
GROUP 4. $ 23.23 23.20
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA B:)
(1) New Construction........$ 29.54 23.20
(2) Establishment Warranty
Period.. $ 23.23 23.20
LABORER (GUNITE - AREA B:)
GROUP 1. . $ 29.75 22.31
GROUP 2. $ 29.25 22.31
GROUP 3 $ 28.66 22.31
GROUP 4 ...$ 28.54 22.31
LABORER (WRECKING - AREA B:)
GROUP 1.. $ 29.79 23.20
GROUP 2. .$ 29.64 23.20
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
121
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 Ibs. 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
122
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 Ibs. 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; 123
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 07/01/2018
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN 124
JOAQUIN, STANISLAUS & TUOLUMNE
Rates Fringes
Plasterer tender. ..$32.02 23.00
Work on a swing stage scaffold: $1.00 per hour additional.
LAB00294-011 07/01/2017
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
LABORER (Plaster Tender).. ....$ 31.02 22.52
Work on a swing stage scaffold: $1.00 per hour additional.
LABO0304-002 06/25/2018
ALAMEDA COUNTY
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE
Escort Driver, Flag Person..$ 30.54 23.65
Traffic Control Person I....$ 30.84 23.65
Traffic Control Person II...$ 28.34 23.65
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.
LAB00304-003 06/26/2017
ALAMEDA COUNTY
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1. .$36.60 24.83
GROUP 2 $ 36.37 24.83
125
GROUP 3. $ 36.12 24.83
GROUP 4 $ 35.67 24.83
GROUP 5.. $ 35.13 24.83
Shotcrete Specialist.. ...$ 37.12 24.83
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozziemen
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
LAB00304-004 06/25/2018
ALAMEDA COUNTY
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group... ...$ 31.49 23.20
GROUP 1. $ 30.79 23.20
GROUP 1-a.. $ 31.01 23.20
GROUP 1-C.. $ 30.84 23.20
GROUP 1-e.. ..$ 31.34 23.20
GROUP 1-f. $ 30.37 23.20
GROUP 2. $ 30.64 23.20
126
GROUP 3.. $ 30.54 23.20
GROUP 4.. ..$ 24.23 23.20
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction.. ....$ 30.54 23.20
(2) Establishment Warranty
Period..... $ 24.23 23.20
LABORER (GUNITE - AREA A:)
GROUP 1... $ 30.75 22.31
GROUP 2. $ 30.25 22.31
GROUP 3.. $ 29.66 22.31
GROUP 4. $ 29.54 22.31
LABORER (WRECKING - AREA A:)
GROUP 1. $ 30.79 23.20
GROUP 2. $ 30.64 23.20
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 ibs. pressure/over); Hydro seeder and similar 127
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-ZA; 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
128
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 ibs. 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 129
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 05/01/2018
ALAMEDA COUNTY
Rates Fringes
Brick Tender.. $ 35.37 20.70
FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional.
LABO0304-008 07/01/2017
ALAMEDA AND CONTRA COSTA COUNTIES:
130
Rates Fringes
Plasterer tender. ..$ 34.70 23.11
Work on a swing stage scaffold: $1.00 per hour additional.
LAB00324-002 06/25/2018
CONTRA COSTA COUNTY
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person. $ 30.54 23.65
Traffic Control Person I....$ 30.84 23.65
Traffic Control Person II...$ 28.34 23.65
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.
TRAFFIC CONTROL PERSON II: Instaliation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
LAB00324-006 06/25/2018
CONTRA COSTA COUNTY
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.............S 37.82 24.11
GROUP 2. ...$ 37.59 24.11
GROUP 3.. ..$ 37.34 24.11
GROUP 4. $ 36.89 24.11
GROUP S.. ...$ 36.35 24.11
Shotcrete Specialist.......$ 38.34 24.11
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozziemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
131
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
LAB00324-012 06/25/2018
CONTRA COSTA COUNTY
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group... ...$ 31.49 23.20
GROUP 1... $ 30.79 23.20
GROUP 1-a.. $ 31.01 23.20
GROUP 1-C.. .$ 30.84 23.20
GROUP 1-e.. $ 31.34 23.20
GROUP 1-f.. $ 30.37 23.20
GROUP 1-g. $ 30.99 23.20
GROUP 2.. $ 30.64 23.20
GROUP 3. $ 30.54 23.20
GROUP 4. $ 24.23 23.20
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction...$ 30.54 23.20
(2) Establishment Warranty
Period........... ......$ 24.23 23.20
LABORER (GUNITE - AREA A:)
GROUP 1 $ 30.75 22.31
GROUP 2. $ 30.25 22.31
132
GROUP 3. ..$ 29.66 22.31
GROUP 4. $ 29.54 22.31
LABORER (WRECKING - AREA A:)
GROUP 1.... ..$ 30.79 23.20
GROUP 2. ...$ 30.64 23.20
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 Ibs. 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
133
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 I-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 134
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 Ibs. 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; Paverent 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 135
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
LAB00324-014 05/01/2018
CONTRA COSTA COUNTY:
Rates Fringes
Brick Tender.. $ 35.37 20.70
FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional.
LABO0324-018 07/01/2018
136
ALAMEDA AND CONTRA COSTA COUNTIES:
Rates Fringes
Plasterer tender....... ..$ 37.14 22.32
Work on a swing stage scaffold: $1.00 per hour additional.
LABO1130-002 06/25/2018
MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE
Escort Driver, Flag Person. $ 29.54 23.65
Traffic Control Person I....$ 29.84 23.65
Traffic Control Person II...$ 27.34 23.65
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 06/26/2017
MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1... $ 36.60 24.83
GROUP 2 $ 36.37 24.83
GROUP 3 $ 36.12 24.83
GROUP 4. $ 35.67 24.83
GROUP 5 $ 35.13 24.83
Shotcrete Specialist $ 37.12 24.83
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
137
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
moronar
LABO1130-005 07/01/2018
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
LABORER
Mason Tender-Brick. .$ 31.20 22.20
LABO1130-007 06/25/2018
MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE, COUNTIES
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA B:)
Construction Specialist
Group.... ..$ 30.49 23.20
GROUP 1 $ 29.79 23.20
GROUP 1-a. $ 30.01 23.20
GROUP I-C.. $ 29.84 23.20
GROUP I-e. $ 30.34 23.20
GROUP 1-f $ 29.37 23.20
GROUP 2 $ 29.64 23.20
GROUP 3. $ 29.54 23.20
138
GROUP 4 ..Ş 23.23 23.20
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA B:)
(1) New Construction........$ 29.54 23.20
(2) Establishment Warranty
Period. $ 23.23 23.20
LABORER (GUNITE - AREA B:)
GROUP 1. $ 29.75 22.31
GROUP 2 $ 29.25 22.31
GROUP 3 ..$ 28.66 22.31
GROUP 4 $ 28.54 22.31
LABORER (WRECKING - AREA B:)
GROUP 1... ..$ 29.79 23.20
GROUP 2.. $ 29.64 23.20
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 I-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 Ibs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; 139
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
140
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 Ibs. 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.
141
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 07/01/2018
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN
JOAQUIN, STANISLAUS & TUOLUMNE
Rates Fringes
Plasterer tender. •$ 32.02 23.00
Work on a swing stage scaffold: $1.00 per hour additional.
LABO1130-009 07/01/2018
MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes
142
LABORER (Plaster Tender).. ..$ 32.02 23.00
Work on a swing stage scaffold: $1.00 per hour additional.
PAIN0016-001 01/01/2021
ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN MATEO, SANTA
CLARA, AND SANTA CRUZ COUNTIES
Rates Fringes
Painters: $45.22 25.48
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 - $6.00 per houir additional
PAIN0016-003 01/01/2021
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA
CLARA COUNTIES
AREA 2: CALAVERAS, MARIPOA, MERCED, MONTEREY, SAN BENITO, SAN
JOAQUIN, SANTA CRUZ, STANISLAUS & TUOLUMNE COUNTIES
Rates Fringes
Drywall Finisher/Taper
AREA 1.... ...$ 53.16 28.49
AREA 2.... ....$ 49.03 27.09
PAIN0016-012 01/01/2019
ALAMEDA, CONTRA COSTA, MARIPOSA, MERCED, MONTEREY, SAN BENITO,
SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES 143
Rates Fringes
SOFT FLOOR LAYER. ..$ 48.60 27.43
PAIN0016-015 01/01/2021
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE
COUNTIES
Rates Fringes
PAINTER
Brush. $ 35.88 21.16
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 $6.00 additional per hour.
PAIN0016-022 01/01/2021
SAN FRANCISCO COUNTY
Rates Fringes
PAINTER .$ 48.84 25.48
PAIN0169-001 06/01/2020
FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES:
Rates Fringes
GLAZIER. $ 40.00 26.76
PAIN0169-005 01/01/2021
ALAMEDA CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN
MATEO, SANTA CLARA & SANTA CRUZ COUNTIES
144
Rates Fringes
GLAZIER. $ 53.07 31.15
PAIN0294-004 01/01/2021
FRESNO, KINGS AND MADERA COUNTIES
Rates Fringes
PAINTER
Brush, Roller............., 31.36 20.33
Drywall Finisher/Taper.... $ 40.10 25.00
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.
PAINO294-005 01/01/2021
FRESNO, KINGS & MADERA
Rates Fringes
SOFT FLOOR LAYER $ 34.55 21.67
PAIN0767-001 01/01/2021
CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
GLAZIER. $ 41.51 31.36
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 rquired to wear a body harness shall receive $1.50 per hour above the basic hourly rate at any elevation.
PAIN1176-001 07/01/2020
145
HIGHWAY IMPROVEMENT
Rates Fringes
Parking Lot Striping/Highway
Marking:
GROUP 1 ...$ 38.48 16.88
GROUP 2 $ 32.71 16.88
GROUP 3... ..$ 33.09 16.88
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 01/01/2021
CALAVERAS; SAN JOAQUIN COUNTIES; STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
SOFT FLOOR LAYER $ 41.81 23.39
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
146
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 07/01/2017
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 33.49 23.67
PLUM0038-001 07/01/2020
SAN FRANCISCO COUNTY
Rates Fringes
PLUMBER (Plumber,
Steamfitter, Refrigeration
Fitter). $ 75.30 46.27
PLUM0038-005 07/01/2019
SAN FRANCISCO COUNTY
Rates Fringes
Landscape/Irrigation Fitter
(Underground/Utility Fitter)....$ 63.04 31.48
PLUM0062-001 07/01/2021
MONTEREY AND SANTA CRUZ COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER. $46.50 37.80
PLUM0159-001 07/01/2019
CONTRA COSTA COUNTY
Rates Fringes
Plumber and steamfitter
(1) Refrigeration... ..$ 56.93 41.04
(2) All other work. $ 57.82 41.04
147
PLUM0246-001 07/01/2021
FRESNO, KINGS & MADERA COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER. $ 44.15 36.64
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 07/01/2020
ALAMEDA & CONTRA COSTA COUNTIES
Rates Fringes
148
PIPEFITTER
CONTRA COSTA COUNTY... ...$ 67.75 42.50
PLUMBER, PIPEFITTER,
STEAMFITTER
ALAMEDA COUNTY... $ 67.75 42.50
PLUM0355-004 07/01/2021
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...... ...$ 31.00 16.80
PLUM0393-001 07/01/2020
SAN BENITO AND SANTA CLARA COUNTIES
Rates Fringes
PLUMBER/PIPEFITTER. $ 66.66 44.83
PLUM0442-001 07/01/2021
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE
COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER. $ 47.50 33.39
* PLUM0467-001 07/01/2021
SAN MATEO COUNTY
Rates Fringes
Plumber/Pipefitter/Steamfitter...$ 73.10 38.61
ROOF0027-002 01/01/2021
FRESNO, KINGS, AND MADERA COUNTIES
149
Rates Fringes
ROOFER.. $ 32.01 14.61
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 08/01/2020
SAN FRANCISCO & SAN MATEO COUNTIES:
Rates Fringes
ROOFER $ 44.38 19.69
ROOF0081-001 08/01/2020
ALAMEDA AND CONTRA COSTA COUNTIES:
Rates Fringes
Roofer. $ 44.62 19.36
ROOF0081-004 08/01/2020
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
ROOFER. $ 39.73 19.11
ROOF0095-002 08/01/2020
MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES:
Rates Fringes
ROOFER
Journeyman... ....$ 46.54 20.69
Kettle person (2 kettles);
Bitumastic, Enameler, Coal
150
Tar, Pitch and Mastic
worker. .$ 48.54 20.69
SFCA0483-001 01/01/2021
ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES:
Rates Fringes
SPRINKLER FITTER (FIRE). $67.99 32.85
SFCA0669-011 04/01/2021
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY,
SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
SPRINKLER FITTER, $40.36 26.15
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 07/01/2020
CALAVERAS AND SAN JOAQUIN COUNTIES:
151
Rates Fringes
SHEET METAL WORKER $ 43.50 37.42
SHEE0104-005 07/01/2020
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
SHEET METAL WORKER (Excluding
metal deck and siding). .$ 40.38 43.47
SHEE0104-007 07/01/2020
FRESNO, KINGS, AND MADERA COUNTIES:
Rates Fringes
SHEET METAL WORKER ..$ 42.53 39.64
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 07/01/2021
Rates Fringes
Truck drivers:
152
GROUP 1 $ 35.15 31.42
GROUP 2 $ 35.45 31.42
GROUP 3. $ 35.75 31.42
GROUP 4 $ 36.10 31.42
GROUP 5. $ 36.45 31.42
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 153
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 www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after 154
award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (II)).
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of '"identifiers'' that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU"" or ''"'UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the "'SU"" identifier indicate that. no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which 155
these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
156
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC. 20210
2.) If the answer to the question in 1) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION"
157
CMAQ R, S, T & Stuart Sidewalks
Local Assistance Procedures Manual Exhibit 12-B
Bidder's List of Subcontractors (DBE and NON-DBE)
Exhibit 12-B Bidder's List of Subcontractor (DBE and Non-DBE) Part 1 As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public morks contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/Contractor-Registration.html (whicherer is greater). Photocopy this form for additional firms.
Subcontractor Name and Percentage of Contractor DBE DBE Cert Annual Gross Receipts line reme excipion samount Number
Location Bid item Sub- License Number (Y/N)
contracted DIR Reg Number
Name Golden Bay Fence <1 million
664905 ‹55 million
City, state: 19, 20 Fencing 47,611.25 100% CT009140x] <$10 million ‹515 million
Stockton, CA 1000000720 Age of Firm: _ VTs.
Name: NCC ‹$1 million
461675 DONO <S5 million
city; State: Sawcutting 5000.00 <510 million
2L69000001 <$15 million
Stockton, CA
Age of Firm: DBE) PART 1 EXHIBIT "12-B"- BIDDER'S LIST OF SUBCONTRACTORS (DBE AND Non- Name: QK • <$1 million
<S5 million
City, state: 3, 4 Surveying 0000098 %00L <510 million
Merced, CA 1000000214 <515 million
Age of Firm:
Name: <S1 million
‹55 million
City, State: •000
‹$10 million
<515 million
Age of Firm: _ yrs
Name: <51 million
<$5 million
City, State: ‹S10 million
<$15 million
Age of Firm:
Name: <51 million
0000 ‹55 million
City, State: <$10 million
<515 million
Age of Firm:
Distribution: 1) Original-Local Agency File 2) Copy-DLAE w/ Award Package Page l of 2
Jamuary 2019
Local Assistance Procedures Manual Exhibit 12-B
Bidder's List of Subcontractors (DBE and NON-DBE)
Exhibit 12-B Bidder's List of Subcontractor (DBE and Non-DBE) Part 2 participate as a subcontractor on this project. Photocopy this form for additional firms. In accordance with Tile 49, Seria 26 ofte lose de ora or a to ral it all subcontractor seri roged gable or bid but were not selected to Subcontractor Name and Line Item & Description subcontract Percentage of Contractor DBE DBE Cert Annual Gross Receipts Location Amount Bid Item Sub- License Number Number
contracted DIR Reg Number
Name: ‹S1 million
‹SS million
City, State: ‹510 million
‹515 million
Age of firm: . VIs.
Name: <51 million
‹Ss million.
City, state: • <510 million
<515 million
Age of Firm: vrs.
• <S1 million
Name:
<55 million
City, state: ‹510 million
<$15 million
Age of Firm:
Name: <$1 million
<S5 million DBE) PART 2 EXHIBIT "12-B" - BIDDER'S LIST OF SUBCONTRACTORS (DBE AND Non- City, State: <510 million
<515 millior
Age of Firm: _ yrs
Name:
DODO
City, State: <515 million
Age of Firm:
Name: <51 million
•00O <55 million
City, state: ‹$10 million
<515 million
Age of Firm: $
Distribution: 1) Original-Local Agency File 2) Copy-DLAE w/ Award Package