Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.
Agenda Item time estimates: (Presentation / Council Discussion / Public Comment) AGENDA
OXNARD CITY COUNCIL
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY
OXNARD FINANCING AUTHORITY
OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street July 19, 2022
Closed Session - 4:30 PM
Appointment Items - 5:30 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 853 3465 0355
3. Passcode: 338114
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom calling in steps listed above. Once the Mayor calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room.
The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.
Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.
YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:
1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.
2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING
a. Submit a request to speak by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the City Council prior to the start of the meeting and made part of the legislative record. c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.
3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING
a. To provide public comment during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. When the Mayor announces the particular item on the agenda you want 1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 19, 2022 PAGE 2
to speak on, press *9 to raise your hand while in the zoom waiting room. Once called on, press *6 to unmute your phone.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.
Detailed participation instructions can be found at www.oxnard.org/city-meetings.
* The City has filed pre-election and post-election lawsuits regarding the validity of Measure M.
A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.
C. CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Agency designated representatives: Alex Nguyen, City Manager, and Steve Naveau, Director of Human Resources.
Employee organization: Oxnard Peace Officers Association (OPOA); Oxnard Public Safety Managers Association (OPSMA); and International Association of Firefighters, AFL-CIO (IAFF), Local No. 1684.
Legislative Body: City Council
2. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Agency designated representative: Bryan MacDonald, Mayor Pro Tem.
Unrepresented employees: City Attorney and City Manager.
Legislative Body: City Council
D. APPOINTMENT ITEMS (5:30 PM)
1. SUBJECT: Presentation by Monica White, Food Share of Ventura County CEO on the organization's food distribution and the impact of COVID on their organization's mission.
E. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.
G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 19, 2022 PAGE 3
The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.
1. City Manager Department
SUBJECT: Ratification of Director Orders regarding the water shortage emergency and mandatory water conservation measures.
RECOMMENDATION: That the City Council adopt a resolution ratifying orders issued by the Director in response to the previously proclaimed water shortage emergency and mandatory water conservation measures.
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
H. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.
1. City Manager Department
SUBJECT: League of California Cities Annual Conference Voting Delegate 2022.
RECOMMENDATION: That the City Council designate a voting delegate and a voting alternate to attend the League of California Cities Annual Conference.
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
2. City Attorney Department
SUBJECT: Resolution Denouncing Gun Violence and Supporting Gun Violence Reduction Efforts.
RECOMMENDATION: That the City Council adopt a resolution denouncing gun violence and supporting gun violence reduction efforts.
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
I. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.
J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.
K. INFORMATION/CONSENT AGENDA
1. Public Works Department
3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 19, 2022 PAGE 4
SUBJECT: Purchase Order with Iteris Inc for Video Detection Equipment for Gonzales Road as part of Adaptive Traffic Signals Project.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Purchase Order with Iteris Inc., as a sole source purchase, in the amount of $437,953.00 for video detection equipment for 18 signalized intersections on Gonzales Road.
This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
2. Public Works Department
SUBJECT: Agreement A-8485 with NoHo Constructors for Pleasant Valley Park Restroom Project, Specification No. PW 21-84.
RECOMMENDATION: That the City Council approve and authorize the following for a total of $261,000 in Project funds for the Pleasant Valley Park Restroom Project, Specification No. PW 21-84 (Project No. 205708):
1. The Mayor to execute Agreement A-8485 with NoHo Constructors in the amount of $217,500 for the Project;
2. A Project contingency amount of $21,750 for the Project; and
3. A Project allocation amount of $21,750 for engineering, inspection, survey and project management for the Project.
This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
L. REPORTS
1. Public Works Department
SUBJECT: Campus Park Activation Project Update. (10/5/5)
RECOMMENDATION: That the City Council receive and file a verbal update report for the Campus Park Activation Project design.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.)
(Presentation will be live upon consultant's request.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
2. Public Works Department
SUBJECT: Agreement with Taft Electric Company for the Oxnard Saviers Traffic Signal 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 19, 2022 PAGE 5
Improvements Project (5 Signals), Specification No. PW 19-97 (Project No. 173102) . (0/5/5)
RECOMMENDATION: That the City Council approve and authorize the following for a total of $3,022,339 in Project funds for Project No. 173102:
1. The Mayor to execute Agreement A-8480 with Taft Electric Company in the amount of $2,518,615.46 for the Project;
2. A Project contingency amount of $251,861;
3. A Project allocation amount of $251,861 for engineering, inspection, survey and project management; and
4. A budget appropriation of $92,050 from Federal Transportation Grant Fund (275); and a budget reallocation of $1,000,000 within the Capital Outlay Fund (301) and a budget reallocation of $424,591 within the Circulation System Improvement Fees Fund (354) both from the Traffic Signal Modernization Project 203106.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Wanu2qd5Nmg
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
3. City Attorney Department
SUBJECT: Single-use Foodware Accessories and Standard Condiments Ordinance. (0/5/5)
RECOMMENDATION: That the City Council introduce for first reading by title only and waive further reading of an ordinance titled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING ARTICLE XXIV TO CHAPTER 7 OF THE OXNARD CITY CODE IN COMPLIANCE WITH ASSEMBLY BILL NO. 1276, TO RESTRICT THE DISTRIBUTION OF SINGLE-USE FOODWARE ACCESSORIES AND STANDARD CONDIMENTS”
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
M. ADJOURNMENT
5 CITY COUNCIL AGENDA REPORT
CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR
AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. H.1
DATE: July 19, 2022
TO: City Council
FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected]
SUBJECT: League of California Cities Annual Conference Voting Delegate 2022.
RECOMMENDATION
That the City Council designate a voting delegate and a voting alternate to attend the League of California Cities Annual Conference.
BACKGROUND
This year's League of California Cities Annual Conference is scheduled for Wednesday, September 7 through Friday, September 9, 2022, at the Long Beach Convention Center. The League's Annual Business Meeting will be held at 12:00 noon on Friday, September 9. At this meeting, the League membership considers and takes action on resolutions that establish League policy. At the request of the League, and in order to expedite the conduct of business at this policy- making meeting, a City Councilmember from each City is designated as the voting delegate. Only those individuals who are voting delegates (or alternates) may sign petitions to initiate a resolution pertaining to League policy.
Each City Council is asked to designate a voting delegate and a voting alternate who will be present at the annual business meeting. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy.
Resolutions for this year's annual conference were not available at the time of our publication, but will be made available when the League publishes them.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
This action alone does not require funding.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Luly Lopez, Executive Assistant I
ATTACHMENTS
1. Annual Conference Voting Procedures
6 2. 2022 Annual Conference Voting Delegate
7 8
9 CITY COUNCIL AGENDA REPORT
CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR
AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. H.2
DATE: July 19, 2022
TO: City Council
FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected]
SUBJECT: Resolution Denouncing Gun Violence and Supporting Gun Violence Reduction Efforts.
RECOMMENDATION
That the City Council adopt a resolution denouncing gun violence and supporting gun violence reduction efforts.
BACKGROUND
At the June 7, 2022 City Council meeting, Mayor Zaragoza asked that an item be scheduled for City Council discussion regarding the adoption of a resolution denouncing gun violence and supporting gun violence reduction efforts. A proposed resolution is attached for City Council discussion and consideration.
STRATEGIC PRIORITIES
This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Julian Gonzalez, Deputy City Attorney
ATTACHMENTS
1. City Council Gun Violence Resolution.v3
10 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
DENOUNCING GUN VIOLENCE AND SUPPORTING
GUN VIOLENCE REDUCTION EFFORTS
WHEREAS, government at all levels has a substantial interest in protecting the people from those who acquire guns lawfully or illegally and then use them to commit crimes resulting in injury or death of their victims, or who use them in the commission of other crimes such as robbery, sexual assault or homicide, particularly the many mass shootings such as those that have occurred this year and in recent years in Highland Park, IL; Tulsa, OK; Uvalde, TX; Buffalo, NY; San Jose, CA; Indianapolis, IN; Boulder, CO; El Paso, TX; Virginia, VA; Thousand Oaks, CA; and
WHEREAS, in 2021, gun violence in the United States resulted in over 20,000 deaths and over 71,000 non-fatal injuries; and since January 2021, gun violence in the City of Oxnard has resulted in eight (8) deaths and over 75 non-fatal injuries, and WHEREAS, since January of 2021, the Oxnard Police Department has seized over 350 firearms and has arrested over 300 people for illegally possessing a firearm; and
WHEREAS, since January of 2019, the Oxnard City Attorney’s Office, in conjunction with the Oxnard Police Department, has filed twenty-four (24) Gun Violence Restraining Orders, also known as “GVROs”; which help protect the public from gun violence by restricting access to firearms by people suffering from mental health issues who pose a threat to themselves or others, and
WHEREAS, we strive to use data to make informed decisions about public policy and must also look to the evidence about gun violence to make rational choices about the gun control policies needed to protect our children and the safety of our community; and
WHEREAS, elected officials must commit to closing gaps in the current patchwork of regulations, including those gaps that enable felons, people convicted of domestic violence, children, those found to be a danger to themselves or others, and other prohibited persons to access firearms, and those that allow the trafficking of illegal guns.
11 NOW, THEREFORE, the City Council of the City of Oxnard resolves:
1. The City of Oxnard denounces gun violence and encourages our State and Federal Representatives to review and adopt reasonable and effective laws that address the possession, manufacturing, and distribution of illegal firearms that are getting into the hands of persons prohibited from possessing firearms.
2. The City of Oxnard encourages our State and Federal Representatives to continue to fund resources to address mental health awareness, fund programs that seek to provide assistance to those that are suffering from a mental health crisis, and fund programs to help better train our public safety professionals in dealing with people in a mental health crisis.
3. The Oxnard City Council supports State and Federal laws relating to conducting background checks, maintaining “gun free” zones at our schools, and other laws that prohibit the possession of firearms by persons that are prohibited from carrying them.
4. The Oxnard City Council supports “Red Flag'' laws that allow family members, the police or certain other officials to seek a court order to temporarily take guns away from someone who may harm themselves or others.
5. The Oxnard City Council supports the recently passed Bipartisan Safer Communities Act which provides $750 million dollars in federal funding to support crisis intervention programs for state courts including “red-flag” law programs, enhances background checks for potential gun owners under the age of 21, enhances a federal ban on a domestic abuser’s ability to buy firearms, creates federal laws against straw purchasing and trafficking, invests in community based mental health services for children and families, and increases funding to schools for mental health programs and enhanced school safety. However, additional gun control legislation is still needed to ensure the public’s safety against gun violence.
6. The City of Oxnard shall transmit copies of this Resolution to the President and Vice President of the United States, the Speaker of the House of Representatives, the President Pro Tempore of the United States Senate, the Attorney General of the United States, the Secretary of Health and Human Services, the Secretary of Education, the Secretary of the Department of Homeland Security, the Majority Leader of the United States Senate, the Minority Leader of the United States Senate, the Majority Leader of the House of Representatives, the Minority Leader of the House of Representatives, to each Senator and Representative from California in the Congress of the United States, and the members of our State legislative delegation, 12 and we demand those officials take immediate action to enact meaningful gun control legislation to help prevent even one more child from being harmed by gunfire.
PASSED AND ADOPTED THIS 19th day of July 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John C. Zaragoza, Mayor
ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
13 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1
DATE: July 19, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Purchase Order with Iteris Inc for Video Detection Equipment for Gonzales Road as part of Adaptive Traffic Signals Project.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a Purchase Order with Iteris Inc., as a sole source purchase, in the amount of $437,953.00 for video detection equipment for 18 signalized intersections on Gonzales Road.
This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.
BACKGROUND
Adaptive signals use video detection to gather real-time traffic information and monitor the system’s performance along an entire corridor. This information is quickly evaluated and signal timing improvements are developed by an algorithm within the equipment. The video detection system implements the updates continually, sharing information between signals to make timing adjustments. These constant adjustments accommodate traffic patterns that are different from the peak periods (during which the standard signals were designed to operate) and help keep traffic flowing smoothly.
As part of the Capital Improvement Program, the City Council approved an adaptive traffic signal project on Rose Avenue and Gonzales Road for 33 signalized intersections. The project includes the following elements:
Replacement of Signal Equipment (Controllers and other equipment, in progress) Development of new Traffic Signal Timing Plans (in progress) Installation of Video Detection (Rose Avenue completed)
Capital Improvement Program (CIP) Reference
Project No. 203101, the Adaptive Traffic Signals Project, CIP 2021-2026 - Adopted May 5, 2021, Page 96.
DISCUSSION
Currently, Gonzales Road uses inductive loop detection (roadway sensors) at all of the intersections. Maintenance of the roadway loops are problematic and these sensors do not provide detailed information on traffic volumes. As part of the adaptive signals project, roadway sensors will be replaced with a video detection system at all 18 signalized intersections on Gonzales Road.
The proposed video detection for traffic signals has the unique capability to provide detection at long range, offering trip line detection as well as radar zone detection. The radar can track up to 64 vehicles in the field of view, monitoring each 14 vehicle’s speed, and can actuate the signal controller, or not, based on each vehicle’s speed. The proposed video detection provides information related to traffic management only such as turning movement counts which includes vehicles, pedestrians, and bicycles. Additionally, this system can provide detection and lane by lane counts. No other video detection manufacturer has this capability all in one detector sensor, which is why the City has requested to sole source this specific system.
As part of the City’s CIP Program, Gonzales Road will be resurfaced in late Summer/early Fall of this year. In conjunction with the resurfacing project, roadway sensors will be replaced by the video detection if this purchase is approved by the City Council. In addition to the multiple benefits that video detection has for traffic management, eliminating the outdated technology such as roadway sensors also benefits future paving projects by decreasing repaving project costs.
Staff relied upon the City's Purchasing Ordinance that allows direct purchase from a selected vendor capable of meeting all City requirements of the video detection system due to the uniqueness of the technology.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total cost for this Purchase Order with Iteris Inc. is $437,953.00 and will be funded from the the Circulation System Improvement Fees Fund (354) within the Adaptive Traffic Signals Project (203101). There are available project budget appropriations for this Purchase Order.
COMMITTEE OUTCOME
This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program.
Prepared by: Tatiana Arnaout, City Engineer
ATTACHMENTS
1. Quote from Iteris Inc
15 Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:
Email: [email protected]
EQUIPMENT QUOTATION
Quote #00010344
April 13, 2022
Iteris, Inc. Confidential April 13, 2022 Page 1 of 14 Agency: Oxnard, City of
Contractor:
Project Name: 2022041220 Oxnard 18 intersections along Gonzalez Road Reference: 2022041220 Oxnard 18 intersections along Gonzalez Road Delivery Term: FOB Destination
Payment Terms: NET 30 Days
Sales Rep:
Fax or email Purchase Orders to: 949-270-9441 or [email protected]. Please include Quote Number on your Purchase Order. Prices are valid for 30 days from the date of quote unless extended in writing. Prices on this quote include material only unless otherwise stated. For questions regarding this quotation, please contact the representative listed above. 01- Victoria at Gonzales
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 2 $190.00 $380.00 7 $353.40 MON-17HDMI 17 in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 7 $1,255.50
NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT- CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord)
1 $3,500.00 $3,500.00 7 $3,255.00
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 7 $6,510.00 TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $60.00 $60.00 7 $55.80 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 7 $0.00
VECTOR-NEXT VECTOR-NEXT-BH Vantage Vector Sensor Unit for VantageNext Platform; with pre-installed bulkhead RJ45 connection; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 4 $2,850.00 $11,400.00 7 $10,602.00
VLIVE-20-5YR VantageLive! hosted data service. * Price per intersection for 20 to 49 intersections * Five year service duration Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. Provides collection, storage, analysis and presentation of traffic volume data from connected intersections.
1 $1,968.75 $1,968.75 $1,968.75
$24,000.45
02-Merion Way at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAMBRKT4 Camera Mounting Bracket, Universal Pedestal 2 $125.00 $250.00 7 $232.50 CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 2 $190.00 $380.00 7 $353.40 MON-17HDMI 17 in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 7 $1,255.50
DocuSign Envelope ID: 147D6897-4EBB-4666-92FE-C5509E58DE95 DocuSign Envelope ID: A6DA617A-6F8C-4EF6-B8C2-28E7A4750597 16 Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:
Email: [email protected]
EQUIPMENT QUOTATION
Quote #00010344
April 13, 2022
Iteris, Inc. Confidential April 13, 2022 Page 2 of 14 02-Merion Way at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price NEXT-CAM-PAK Vantage Next WDR Camera. Includes NEXT-CAM-SHIPKIT (pedestal-mount bracket assembly, 2 shielded RJ45 connectors)
2 $1,400.00 $2,800.00 7 $2,604.00
NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT- CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord)
1 $3,500.00 $3,500.00 7 $3,255.00
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 7 $6,510.00 TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $60.00 $60.00 7 $55.80 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 7 $0.00
VECTOR-NEXT VECTOR-NEXT-BH Vantage Vector Sensor Unit for VantageNext Platform; with pre-installed bulkhead RJ45 connection; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 2 $2,850.00 $5,700.00 7 $5,301.00
VLIVE-20-5YR VantageLive! hosted data service. * Price per intersection for 20 to 49 intersections * Five year service duration Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. Provides collection, storage, analysis and presentation of traffic volume data from connected intersections.
1 $1,968.75 $1,968.75 $1,968.75
$21,535.95
03- Campus Rd at Gonzalez Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAMBRKT4 Camera Mounting Bracket, Universal Pedestal 1 $125.00 $125.00 7 $116.25 CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 1 $325.00 $325.00 7 $302.25 MON-17HDMI 17 in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 7 $1,255.50
NEXT-CAM-PAK Vantage Next WDR Camera. Includes NEXT-CAM-SHIPKIT (pedestal-mount bracket assembly, 2 shielded RJ45 connectors)
1 $1,595.00 $1,595.00 7 $1,483.35
NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT- CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord)
1 $3,850.00 $3,850.00 7 $3,580.50
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 7 $6,510.00 DocuSign Envelope ID: 147D6897-4EBB-4666-92FE-C5509E58DE95 DocuSign Envelope ID: A6DA617A-6F8C-4EF6-B8C2-28E7A4750597 17 Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:
Email: [email protected]
EQUIPMENT QUOTATION
Quote #00010344
April 13, 2022
Iteris, Inc. Confidential April 13, 2022 Page 3 of 14 03- Campus Rd at Gonzalez Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $60.00 $60.00 7 $55.80 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 7 $0.00
VECTOR-NEXT VECTOR-NEXT-BH Vantage Vector Sensor Unit for VantageNext Platform; with pre-installed bulkhead RJ45 connection; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 2 $2,850.00 $5,700.00 7 $5,301.00
VLIVE-20-5YR VantageLive! hosted data service. * Price per intersection for 20 to 49 intersections * Five year service duration Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. Provides collection, storage, analysis and presentation of traffic volume data from connected intersections.
1 $1,968.75 $1,968.75 $1,968.75
$20,573.40
04- Patterson at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAMBRKT4 Camera Mounting Bracket, Universal Pedestal 2 $125.00 $250.00 7 $232.50 CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 2 $190.00 $380.00 7 $353.40 MON-17HDMI 17 in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 $1,350.00
NEXT-CAM-PAK Vantage Next WDR Camera. Includes NEXT-CAM-SHIPKIT (pedestal-mount bracket assembly, 2 shielded RJ45 connectors)
2 $1,595.00 $3,190.00 7 $2,966.70
NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT- CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord)
1 $3,500.00 $3,500.00 7 $3,255.00
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 7 $6,510.00 TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $60.00 $60.00 7 $55.80 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 7 $0.00
VECTOR-NEXT VECTOR-NEXT-BH Vantage Vector Sensor Unit for VantageNext Platform; with pre-installed bulkhead RJ45 connection; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 2 $2,850.00 $5,700.00 7 $5,301.00
VLIVE-20-5YR VantageLive! hosted data service. * Price per intersection for 20 to 49 intersections * Five year 1 $1,968.75 $1,968.75 $1,968.75 DocuSign Envelope ID: 147D6897-4EBB-4666-92FE-C5509E58DE95 DocuSign Envelope ID: A6DA617A-6F8C-4EF6-B8C2-28E7A4750597 18 Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:
Email: [email protected]
EQUIPMENT QUOTATION
Quote #00010344
April 13, 2022
Iteris, Inc. Confidential April 13, 2022 Page 4 of 14 04- Patterson at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price service duration Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. Provides collection, storage, analysis and presentation of traffic volume data from connected intersections.
$21,993.15
05- Gallatin Rd at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAMBRKT4 Camera Mounting Bracket, Universal Pedestal 2 $125.00 $250.00 7 $232.50 CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 2 $190.00 $380.00 7 $353.40 MON-17HDMI 17 in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 7 $1,255.50
NEXT-CAM-PAK Vantage Next WDR Camera. Includes NEXT-CAM-SHIPKIT (pedestal-mount bracket assembly, 2 shielded RJ45 connectors)
2 $1,595.00 $3,190.00 7 $2,966.70
NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT- CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord)
1 $3,500.00 $3,500.00 7 $3,255.00
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 7 $6,510.00 TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $60.00 $60.00 7 $55.80 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 7 $0.00
VECTOR-NEXT VECTOR-NEXT-BH Vantage Vector Sensor Unit for VantageNext Platform; with pre-installed bulkhead RJ45 connection; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 2 $2,850.00 $5,700.00 7 $5,301.00
VLIVE-20-5YR VantageLive! hosted data service. * Price per intersection for 20 to 49 intersections * Five year service duration Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. Provides collection, storage, analysis and presentation of traffic volume data from connected intersections.
1 $1,968.75 $1,968.75 $1,968.75
$21,898.65
06- Ventura Rd at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price DocuSign Envelope ID: 147D6897-4EBB-4666-92FE-C5509E58DE95 DocuSign Envelope ID: A6DA617A-6F8C-4EF6-B8C2-28E7A4750597 19 Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:
Email: [email protected]
EQUIPMENT QUOTATION
Quote #00010344
April 13, 2022
Iteris, Inc. Confidential April 13, 2022 Page 5 of 14 06- Ventura Rd at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 2 $190.00 $380.00 7 $353.40 MON-17HDMI 17 in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 7 $1,255.50
NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT- CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord)
1 $3,500.00 $3,500.00 7 $3,255.00
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 7 $6,510.00 TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $60.00 $60.00 7 $55.80 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 7 $0.00
VECTOR-NEXT VECTOR-NEXT-BH Vantage Vector Sensor Unit for VantageNext Platform; with pre-installed bulkhead RJ45 connection; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 4 $2,850.00 $11,400.00 7 $10,602.00
VLIVE-20-5YR VantageLive! hosted data service. * Price per intersection for 20 to 49 intersections * Five year service duration Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. Provides collection, storage, analysis and presentation of traffic volume data from connected intersections.
1 $1,968.75 $1,968.75 $1,968.75
$24,000.45
07- Lantana St at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 2 $190.00 $380.00 7 $353.40 MON-17HDMI 17 in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,300.00 $1,300.00 7 $1,209.00
NEXT-CAM-PAK Vantage Next WDR Camera. Includes NEXT-CAM-SHIPKIT (pedestal-mount bracket assembly, 2 shielded RJ45 connectors)
2 $1,595.00 $3,190.00 7 $2,966.70
NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT- CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord)
1 $3,500.00 $3,500.00 7 $3,255.00
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 7 $6,510.00 DocuSign Envelope ID: 147D6897-4EBB-4666-92FE-C5509E58DE95 DocuSign Envelope ID: A6DA617A-6F8C-4EF6-B8C2-28E7A4750597 20 Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:
Email: [email protected]
EQUIPMENT QUOTATION
Quote #00010344
April 13, 2022
Iteris, Inc. Confidential April 13, 2022 Page 6 of 14 07- Lantana St at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price PELCO0175 Pelco Camera Bracket (stainless steel hardware, 6ft. pole) 2 $275.00 $550.00 7 $511.50 TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $50.00 $50.00 7 $46.50 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 7 $0.00
VECTOR-NEXT VECTOR-NEXT-BH Vantage Vector Sensor Unit for VantageNext Platform; with pre-installed bulkhead RJ45 connection; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 2 $2,850.00 $5,700.00 $5,700.00
VLIVE-20-5YR VantageLive! hosted data service. * Price per intersection for 20 to 49 intersections * Five year service duration Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. Provides collection, storage, analysis and presentation of traffic volume data from connected intersections.
1 $1,968.75 $1,968.75 $1,968.75
$22,520.85
08- H Street at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 2 $190.00 $380.00 7 $353.40 MON-17HDMI 17 in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 7 $1,255.50
NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT- CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord)
1 $3,500.00 $3,500.00 7 $3,255.00
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 7 $6,510.00 TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $60.00 $60.00 7 $55.80 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 7 $0.00
VECTOR-NEXT VECTOR-NEXT-BH Vantage Vector Sensor Unit for VantageNext Platform; with pre-installed bulkhead RJ45 connection; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 4 $2,850.00 $11,400.00 7 $10,602.00
VLIVE-20-5YR VantageLive! hosted data service. * Price per intersection for 20 to 49 intersections * Five year service duration Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. Provides collection, storage, analysis and presentation of traffic volume data from connected intersections.
1 $1,968.75 $1,968.75 $1,968.75
DocuSign Envelope ID: 147D6897-4EBB-4666-92FE-C5509E58DE95 DocuSign Envelope ID: A6DA617A-6F8C-4EF6-B8C2-28E7A4750597 21 Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:
Email: [email protected]
EQUIPMENT QUOTATION
Quote #00010344
April 13, 2022
Iteris, Inc. Confidential April 13, 2022 Page 7 of 14 08- H Street at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price $24,000.45
09- C Street at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 2 $190.00 $380.00 7 $353.40 MON-17HDMI 17 in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 7 $1,255.50
NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT- CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord)
1 $3,500.00 $3,500.00 7 $3,255.00
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 7 $6,510.00 TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $60.00 $60.00 7 $55.80 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 7 $0.00
VECTOR-NEXT VECTOR-NEXT-BH Vantage Vector Sensor Unit for VantageNext Platform; with pre-installed bulkhead RJ45 connection; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 4 $2,850.00 $11,400.00 7 $10,602.00
VLIVE-20-5YR VantageLive! hosted data service. * Price per intersection for 20 to 49 intersections * Five year service duration Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. Provides collection, storage, analysis and presentation of traffic volume data from connected intersections.
1 $1,968.75 $1,968.75 $1,968.75
$24,000.45
10- Lowes entrance at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 1 $190.00 $190.00 7 $176.70 MON-17HDMI 17 in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 7 $1,255.50
NEXT-CAM-PAK Vantage Next WDR Camera. Includes NEXT-CAM-SHIPKIT (pedestal-mount bracket assembly, 2 shielded RJ45 connectors)
1 $1,595.00 $1,595.00 7 $1,483.35
NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT- 1 $3,500.00 $3,500.00 7 $3,255.00 DocuSign Envelope ID: 147D6897-4EBB-4666-92FE-C5509E58DE95 DocuSign Envelope ID: A6DA617A-6F8C-4EF6-B8C2-28E7A4750597 22 Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:
Email: [email protected]
EQUIPMENT QUOTATION
Quote #00010344
April 13, 2022
Iteris, Inc. Confidential April 13, 2022 Page 8 of 14 10- Lowes entrance at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord)
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 7 $6,510.00 TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $60.00 $60.00 7 $55.80 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 7 $0.00
VECTOR-NEXT VECTOR-NEXT-BH Vantage Vector Sensor Unit for VantageNext Platform; with pre-installed bulkhead RJ45 connection; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 2 $2,850.00 $5,700.00 7 $5,301.00
VLIVE-20-5YR VantageLive! hosted data service. * Price per intersection for 20 to 49 intersections * Five year service duration Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. Provides collection, storage, analysis and presentation of traffic volume data from connected intersections.
1 $1,968.75 $1,968.75 $1,968.75
$20,006.10
11- Oxnard Blvd at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 3 $190.00 $570.00 7 $530.10 MON-17HDMI 17 in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 7 $1,255.50
NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT- CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord)
1 $3,500.00 $3,500.00 7 $3,255.00
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 7 $6,510.00 TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $60.00 $60.00 7 $55.80 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 7 $0.00
VECTOR-NEXT VECTOR-NEXT-BH Vantage Vector Sensor Unit for VantageNext Platform; with pre-installed bulkhead RJ45 connection; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 4 $2,850.00 $11,400.00 7 $10,602.00
DocuSign Envelope ID: 147D6897-4EBB-4666-92FE-C5509E58DE95 DocuSign Envelope ID: A6DA617A-6F8C-4EF6-B8C2-28E7A4750597 23 Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:
Email: [email protected]
EQUIPMENT QUOTATION
Quote #00010344
April 13, 2022
Iteris, Inc. Confidential April 13, 2022 Page 9 of 14 11- Oxnard Blvd at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price VLIVE-20-5YR VantageLive! hosted data service. * Price per intersection for 20 to 49 intersections * Five year service duration Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. Provides collection, storage, analysis and presentation of traffic volume data from connected intersections.
1 $1,968.75 $1,968.75 $1,968.75
$24,177.15
12- Entrada at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAMBRKT4 Camera Mounting Bracket, Universal Pedestal 2 $125.00 $250.00 7 $232.50 CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 2 $190.00 $380.00 7 $353.40 MON-17HDMI 17 in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 7 $1,255.50
NEXT-CAM-PAK Vantage Next WDR Camera. Includes NEXT-CAM-SHIPKIT (pedestal-mount bracket assembly, 2 shielded RJ45 connectors)
2 $1,595.00 $3,190.00 7 $2,966.70
NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT- CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord)
1 $3,500.00 $3,500.00 7 $3,255.00
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 7 $6,510.00 TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $60.00 $60.00 7 $55.80 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 7 $0.00
VECTOR-NEXT VECTOR-NEXT-BH Vantage Vector Sensor Unit for VantageNext Platform; with pre-installed bulkhead RJ45 connection; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 2 $2,850.00 $5,700.00 7 $5,301.00
VLIVE-20-5YR VantageLive! hosted data service. * Price per intersection for 20 to 49 intersections * Five year service duration Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. Provides collection, storage, analysis and presentation of traffic volume data from connected intersections.
1 $1,968.75 $1,968.75 $1,968.75
$21,898.65
13- Snow Ave at Gonzales Rd
DocuSign Envelope ID: 147D6897-4EBB-4666-92FE-C5509E58DE95 DocuSign Envelope ID: A6DA617A-6F8C-4EF6-B8C2-28E7A4750597 24 Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:
Email: [email protected]
EQUIPMENT QUOTATION
Quote #00010344
April 13, 2022
Iteris, Inc. Confidential April 13, 2022 Page 10 of 14 Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAMBRKT4 Camera Mounting Bracket, Universal Pedestal 2 $125.00 $250.00 7 $232.50 CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 2 $190.00 $380.00 7 $353.40 MON-17HDMI 17 in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 7 $1,255.50
NEXT-CAM-PAK Vantage Next WDR Camera. Includes NEXT-CAM-SHIPKIT (pedestal-mount bracket assembly, 2 shielded RJ45 connectors)
2 $1,595.00 $3,190.00 7 $2,966.70
NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT- CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord)
1 $3,500.00 $3,500.00 7 $3,255.00
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 1 $3,500.00 $3,500.00 7 $3,255.00 TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $60.00 $60.00 7 $55.80 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 7 $0.00
VECTOR-NEXT VECTOR-NEXT-BH Vantage Vector Sensor Unit for VantageNext Platform; with pre-installed bulkhead RJ45 connection; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 2 $2,850.00 $5,700.00 7 $5,301.00
VLIVE-20-5YR VantageLive! hosted data service. * Price per intersection for 20 to 49 intersections * Five year service duration Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. Provides collection, storage, analysis and presentation of traffic volume data from connected intersections.
1 $1,968.75 $1,968.75 $1,968.75
$18,643.65
14- Walmart entrance at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAMBRKT4 Camera Mounting Bracket, Universal Pedestal 2 $125.00 $250.00 7 $232.50 CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 2 $190.00 $380.00 7 $353.40 MON-17HDMI 17 in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 7 $1,255.50
NEXT-CAM-PAK Vantage Next WDR Camera. Includes NEXT-CAM-SHIPKIT (pedestal-mount bracket assembly, 2 shielded RJ45 connectors)
2 $1,595.00 $3,190.00 7 $2,966.70
NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT- 1 $3,500.00 $3,500.00 7 $3,255.00 DocuSign Envelope ID: 147D6897-4EBB-4666-92FE-C5509E58DE95 DocuSign Envelope ID: A6DA617A-6F8C-4EF6-B8C2-28E7A4750597 25 Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:
Email: [email protected]
EQUIPMENT QUOTATION
Quote #00010344
April 13, 2022
Iteris, Inc. Confidential April 13, 2022 Page 11 of 14 14- Walmart entrance at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord)
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 7 $6,510.00 TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $60.00 $60.00 7 $55.80 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 7 $0.00
VECTOR-NEXT VECTOR-NEXT-BH Vantage Vector Sensor Unit for VantageNext Platform; with pre-installed bulkhead RJ45 connection; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 2 $2,850.00 $5,700.00 7 $5,301.00
VLIVE-20-5YR VantageLive! hosted data service. * Price per intersection for 20 to 49 intersections * Five year service duration Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. Provides collection, storage, analysis and presentation of traffic volume data from connected intersections.
1 $1,968.75 $1,968.75 $1,968.75
$21,898.65
15- Rose Ave at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 2 $190.00 $380.00 7 $353.40 MON-17HDMI 17 in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 7 $1,255.50
NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT- CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord)
1 $3,500.00 $3,500.00 7 $3,255.00
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 7 $6,510.00 TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $60.00 $60.00 7 $55.80 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 7 $0.00
VECTOR-NEXT VECTOR-NEXT-BH Vantage Vector Sensor Unit for VantageNext Platform; with pre-installed bulkhead RJ45 connection; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 4 $2,850.00 $11,400.00 7 $10,602.00
DocuSign Envelope ID: 147D6897-4EBB-4666-92FE-C5509E58DE95 DocuSign Envelope ID: A6DA617A-6F8C-4EF6-B8C2-28E7A4750597 26 Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:
Email: [email protected]
EQUIPMENT QUOTATION
Quote #00010344
April 13, 2022
Iteris, Inc. Confidential April 13, 2022 Page 12 of 14 15- Rose Ave at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price VLIVE-20-5YR VantageLive! hosted data service. * Price per intersection for 20 to 49 intersections * Five year service duration Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. Provides collection, storage, analysis and presentation of traffic volume data from connected intersections.
1 $1,968.75 $1,968.75 $1,968.75
$24,000.45
16- Williams Dr at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAMBRKT4 Camera Mounting Bracket, Universal Pedestal 2 $125.00 $250.00 7 $232.50 CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 2 $190.00 $380.00 7 $353.40 MON-17HDMI 17 in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 7 $1,255.50
NEXT-CAM-PAK Vantage Next WDR Camera. Includes NEXT-CAM-SHIPKIT (pedestal-mount bracket assembly, 2 shielded RJ45 connectors)
2 $1,595.00 $3,190.00 7 $2,966.70
NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT- CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord)
1 $3,500.00 $3,500.00 7 $3,255.00
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 7 $6,510.00 TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $60.00 $60.00 7 $55.80 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 7 $0.00
VECTOR-NEXT VECTOR-NEXT-BH Vantage Vector Sensor Unit for VantageNext Platform; with pre-installed bulkhead RJ45 connection; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 2 $2,850.00 $5,700.00 7 $5,301.00
VLIVE-20-5YR VantageLive! hosted data service. * Price per intersection for 20 to 49 intersections * Five year service duration Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. Provides collection, storage, analysis and presentation of traffic volume data from connected intersections.
1 $1,968.75 $1,968.75 $1,968.75
$21,898.65
17- Lombard St/ Outlet Center Dr at Gonzales Rd
DocuSign Envelope ID: 147D6897-4EBB-4666-92FE-C5509E58DE95 DocuSign Envelope ID: A6DA617A-6F8C-4EF6-B8C2-28E7A4750597 27 Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:
Email: [email protected]
EQUIPMENT QUOTATION
Quote #00010344
April 13, 2022
Iteris, Inc. Confidential April 13, 2022 Page 13 of 14 Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAMBRKT4 Camera Mounting Bracket, Universal Pedestal 2 $125.00 $250.00 7 $232.50 CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 2 $190.00 $380.00 7 $353.40 MON-17HDMI 17 in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 7 $1,255.50
NEXT-CAM-PAK Vantage Next WDR Camera. Includes NEXT-CAM-SHIPKIT (pedestal-mount bracket assembly, 2 shielded RJ45 connectors)
2 $1,595.00 $3,190.00 7 $2,966.70
NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT- CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord)
1 $3,500.00 $3,500.00 7 $3,255.00
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 7 $6,510.00 TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $90.01 $90.01 7 $83.71 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 7 $0.00
VECTOR-NEXT VECTOR-NEXT-BH Vantage Vector Sensor Unit for VantageNext Platform; with pre-installed bulkhead RJ45 connection; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 2 $2,850.00 $5,700.00 7 $5,301.00
VLIVE-20-5YR VantageLive! hosted data service. * Price per intersection for 20 to 49 intersections * Five year service duration Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. Provides collection, storage, analysis and presentation of traffic volume data from connected intersections.
1 $1,968.75 $1,968.75 $1,968.75
$21,926.56
18- Solar Dr at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAMBRKT4 Camera Mounting Bracket, Universal Pedestal 2 $125.00 $250.00 7 $232.50 CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 2 $190.00 $380.00 7 $353.40 MON-17HDMI 17 in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 7 $1,255.50
NEXT-CAM-PAK Vantage Next WDR Camera. Includes NEXT-CAM-SHIPKIT (pedestal-mount bracket assembly, 2 shielded RJ45 connectors)
2 $1,595.00 $3,190.00 7 $2,966.70
NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT- 1 $3,500.00 $3,500.00 7 $3,255.00 DocuSign Envelope ID: 147D6897-4EBB-4666-92FE-C5509E58DE95 DocuSign Envelope ID: A6DA617A-6F8C-4EF6-B8C2-28E7A4750597 28 Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:
Email: [email protected]
EQUIPMENT QUOTATION
Quote #00010344
April 13, 2022
Iteris, Inc. Confidential April 13, 2022 Page 14 of 14 18- Solar Dr at Gonzales Rd
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord)
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 7 $6,510.00 TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $60.00 $60.00 7 $55.80 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 7 $0.00
VECTOR-NEXT VECTOR-NEXT-BH Vantage Vector Sensor Unit for VantageNext Platform; with pre-installed bulkhead RJ45 connection; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 2 $2,850.00 $5,700.00 7 $5,301.00
VLIVE-20-5YR VantageLive! hosted data service. * Price per intersection for 20 to 49 intersections * Five year service duration Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. Provides collection, storage, analysis and presentation of traffic volume data from connected intersections.
1 $1,968.75 $1,968.75 $1,968.75
$21,898.65
Important Notes: Total before
Discount:
$427,847.51
SUBTOTAL $400,872.31
FREIGHTThis quotation and any resulting order are subject to Iteris’ Roadway Sensor Products Standard Terms and Conditions of Sale attached hereto or available at http://www.iteris.com/RS-Std-TC.pdf, which are incorporated herein by this reference.
TAX $37,080.69
RodefX is an authorized Iteris Sales Representative for Iteris Roadway Sensors products and may sign quotations on Iteris’ behalf with a total sales price of $80,000 or less. Quotations that exceed $80,000 in total price must be approved by an Authorized Iteris Signature. TOTAL: $437,953.00 Authorized Iteris Signature Date Michael Girardot, RodefX DocuSign Envelope ID: 147D6897-4EBB-4666-92FE-C5509E58DE95 DocuSign Envelope ID: A6DA617A-6F8C-4EF6-B8C2-28E7A4750597 29 Iteris Roadway Sensor Products
Standard Terms and Conditions of Sale
Version Update: 2017-07-31 1 of 2 Iteris Roadway Sensor Products Standard Terms and Conditions of Sale
1. Sole Agreement. These Standard Terms and Conditions of Sale for the sale and purchase of goods and services between Iteris, Inc. (“ Iteris”) and the purchaser or buyer (“Purchaser”) indicated on the face of the price quotation, proposal, contract, sales order or offer from Iteris constitute the entire agreement between Iteris and Purchaser (the “Agreement”) and supersede any prior agreement or understanding, whether oral or written, relating to the subject matter of this Agreement. Iteris shall not be bound by any terms or conditions not set forth in this Agreement, including but not limited to, any purchase order or purchase contract (“Order”) from Purchaser that is in any way inconsi stent with or in addition to this Agreement. This Agreement may not be expanded or modified except by an instrument in writing executed by an authorized representative of Iteris. Iteris’ acceptance of Purchaser’s Order shall not be deemed an acceptance of any modification to any term or condition contained herein, but rather an acceptance of Purchaser’s agreement to purchase goods and services upon the terms set forth in this Agreement. All Orders, whether or not based on specific quotations, are subject to Iteris’ acceptance by an authorized Iteris representative. Notwithstanding the foregoing, if Purchaser is purchasing the VantageLive! services, such services are subject to a separate agreement that Purchaser will be required to accept and agree, and not hing in the VantageLive! services agreement shall be construed to modify the terms and conditions of this Agreement for other products and services subject to this Agreement.
2. Shipment. All prices are in United States Dollars (USD or $) and quoted FCA (Free Carrier at named point, Incoterms® 2010), or in jurisdictions that have not adopted Incoterms®, FOB at the shipping point of Iteris, Inc. Title to goods sold hereunder (individually, a “Product” and collectively, “Products”) shall pass to the Purchaser upon delivery of Products to the carrier. Iteris, however, retains a security interest and a vendor’s lien against the Products until payment in full is received. Purchaser agrees to perfect and maintain such security interest for Iteris. In the absence of specific written instructions that Iteris has accepted, Iteris will ship Products by what it deems to be the most appropriate method for shipment. Although Iteris may transact for carriage, all freight charges and insurance premiums will be for the accoun t of Purchaser.
Upon delivery to the carrier, Purchaser assumes all risk of loss. Any such loss shall not relieve Purchaser of its obligation to pay Iteris in full for Products, freight and insurance. Purchaser shall have the right to negotiate with the carrier and/or insurer to recoup its loss.
3. Delivery. Standard shipments to Purchaser will be approximately 30 -45 days after receipt of an Order. In the event that Purchaser requests a guaranteed ship date, Iteris reserves the right, after notice to Purchase r, to include in the final purchase price any expenses which increase the cost of production or delivery, including but not limited to, expediting and overtime expenses, parts procurement premiums, etc. Iteris reserves the right to ship complete orders in advance of the ship dates specified and, with prior approval from Purchaser, partial orders. Iteris shall not be liable for either delays in delivery or the failure to manufacture if such delay or failure is due to causes beyond Iteris’ reasonable control, including but not limited to, acts of God, acts or omissions of either Purchaser or third parties, intervention of any government authority, strikes, lockouts or other labor disturbances, floods, fires, earthquakes, epidemics, quarantines, riots, wars, de lays in transportation, or where Iteris is unable to obtain necessary labor, materials or manufacturing facilities. In the event of such delay or failure, the delivery date shall be extended for a period equal to the time lost by reason of the delay or failure.
4. Payment Terms . Unless an authorized Iteris representative agrees upon different credit terms in writing at the time of acceptance of Purchaser’s order, the standard terms of payment shall be cash or wire transfer of funds in advance of shipment or, for international shipments, Irrevocable Sight Letter of Credit collectable within thirty (30) days after shipment. Iteris’ obligation to deliver Products is subject to Purchaser’s compliance with the foregoing payment terms, or in the event credit is granted by Iteris, any such credit terms provided.
Iteris may at any time, in its reasonable business judgment, if the financial condition of Purchaser warrants, either alter the credit terms or suspend credit and delay delivery until such time as the revised credit terms are met. Iteris shall have the right to cancel any unfilled order, or delay its shipment, for failure of Purchaser to meet its payment schedule or obligations. In the event any payment is not made when due, Iteris shall have the right to accel erate the due date of the entire unpaid balance and to increase the unpaid balance of the sales price at the rate of one percent (1%) per month, or the maximum allowed by law, on the unpaid balance until the account is paid in full, in addition to any reasonable attorneys’ fees or other collection expenses.
5. Taxes. All prices are exclusive of any and all taxes, duties, tariffs, fees, or assessments, including but not limited to sales, use, excise, VAT, or similar taxes and export or import duties or fees ap plied to the sale or to the Products sold, by any United States or foreign federal, state, provincial, or local governmental body. Any such taxes that must be paid by Iteris shall be separately itemized on Iteris’ invoice and paid by Purchaser, or in lieu thereof, Purchaser shall furnish Iteris a properly executed tax exemption certificate prior to shipment.
6. Limited Warranty. For the purposes of this Agreement the “End User” shall be the Purchaser or, if Purchaser is a contractor, distributor or other authorized reseller to whom Iteris delivered Products intended for use by a third party, shall be the intended third party.
Iteris Hardware Products: Iteris hardware Products marked as manufactured by or for Iteris or marked with an Iteris brand or trademark are warranted, at the time of delivery to End User, to conform to Iteris’ published specifications and to be free from defects in material and workmanship. The occurrence of any of the following terminates Iteris’ Limited Warranty: (i) a Product fails as th e result, in whole or in part, of modification or repair of the Product not conducted in conformity with Iteris’ approved procedures; (ii) a Product fails as the result, in whole or in part, of improper or insufficient maintenance; (iii) a Product is damaged due to, in whole or in part, electrical power surge, lightning strike, accident, negligence, improper storage, incorrect installation, incorrect operation, unusual deterioration due to physical environments in excess of limits set forth in Product manuals, or any other type of abuse or misuse; or (iv) the removal of serial numbers, or the removal, mutilation or defacement of any part of a Product. As a condition to making any claim under this Limited Warranty, End User must request a Return Material Auth orization (“RMA”) before the Limited Warranty terminates or expires. Provided that the Limited Warranty has not terminated or expired, Iteris shall issue the RMA and End User shall have the right to return the non -conforming Product, transportation prepaid, to Iteris for repair or, solely at Iteris’ option, replacement with new or reconditioned materials. Except for repair or replacement, Iteris shall be under no other liability to Purchaser. This is a Limited Warranty only and, unless otherwise specified i n writing by Iteris, shall expire thirty -six (36) months after the date of delivery of each unit of Product to Purchaser. Repaired or replaced Products have a Limited Warranty for the greater of ninety (90) days from the time of shipment or the remainder of the original warranty period.
Iteris Software Products : Software Products marked as manufactured by or for Iteris or m arked with an Iteris brand or trademark are warranted to the licensed End User in accordance with the software license and warranty packaged with the software.
Non-Iteris Products: Hardware or software Products marked as manufactured or produced by others or marked with a brand or trademark of a party other than Iteris are warranted, if at all, by the manufacturer or producer to the End User in accordance with the warranty documentation provided by the manufacturer or producer.
NO OTHER WARRANTIES OR GUAR ANTEES, EXPRESSED OR
IMPLIED INCLUDING WITHOUT LIMITATION MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, ARISING BY LAW,
CUSTOM OR CONDUCT, SHALL BE APPLICABLE. NO
REPRESENTATION OR WARRANTY BY PURCHASER SHALL EXTEND
THE LIABILITY OR RESPONSIBILITY O F ITERIS BEYOND THE
TERMS OF THIS PROVISION. THE RIGHTS AND REMEDIES
PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY OTHER
RIGHTS OR REMEDIES. IN NO EVENT SHALL ITERIS HAVE ANY
LIABILITY UNDER ANY LEGAL OR EQUITABLE THEORY (RELATING
TO THE SUBJECT MATTER OF THIS AGREEMENT ) FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR FOR LOSS,
DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM
USE OF THE PRODUCTS, OR AN INABILITY TO USE PRODUCTS
EITHER SEPARATELY OR IN COMBINATION WITH OTHER
SOFTWARE, EQUIPMENT OR MATERI ALS, OR FROM ANY OTHER
CAUSE.
7. Return Material Authorizations . Upon request by the End User for an RMA whether for repair, replacement, or credit, Iteris agrees that it will either issue such RMA or provide End User with a written explanation for its refusal to issue the RMA within thirty (30) days of the request by End User. If Iteris provides a Field Replaceable Unit (“FRU”) or replacement Product in advance of receipt of an authorized return and does not receive the returned unit within 30 days of shipme nt, End User will be invoiced for the FRU or replacement.
End User shall pay all shipping costs for items returned to Iteris. For items repaired or replaced under a valid warranty claim, Iteris shall pay shipping costs for return of repaired or replaced item to End User.
DocuSign Envelope ID: 147D6897-4EBB-4666-92FE-C5509E58DE95 DocuSign Envelope ID: A6DA617A-6F8C-4EF6-B8C2-28E7A4750597 30 Iteris Roadway Sensor Products
Standard Terms and Conditions of Sale
Version Update: 2017-07-31 2 of 2 Iteris Roadway Sensor Products Standard Terms and Conditions of Sale
8. Indemnification.
a. Purchaser Indemnification . Iteris shall indemnify, defend and hold Purchaser, and its affiliates, directors, officers, shareholders, and employees harmless from and against any claims, damages, liabilities, costs and expenses (including, without limitation, reasonable attorney’s fees and court costs) (collectively, the “ Liabilities”) to the extent arising out of third party claims based on a product liability or strict liability in tort relating to the Product or Iteris’ negligence, or willful misconduct causing bodily injury (including death) or physical damage to tangible personal property.
b. Iteris Indemnification. Purchaser shall indemnify, defend and hold Iteris, and its affiliates, directors, officers, shareholders, and employees harmless from and against any Liabilities to the extent arising out of third party claims based on products other than Iteris Products supplied by Purchaser or Purchaser’s negligence, or willful misconduct causing bodily injury (including de ath) or physical damage to tangible personal property. In the event that Purchaser is a governmental agency or body, the foregoing Iteris Indemnification shall not apply to the extent prohibited by law.
c. Indemnification Procedures . The Parties will follow t he following indemnification procedures. Promptly after receipt by any entity entitled to indemnification of notice of a third party claim, the Party seeking indemnity (“Indemnitee”) shall notify the other Party (“ Indemnitor”) of such claim in writing. No failure to provide obligations under this Agreement except to the extent that it can demonstrate prejudice attributable to the failure. Within fifteen (15) calendar days following receipt of written notice from Indemnitee, but in no event later than ten (1 0) calendar days before the date a response to such claim is due (“Election Notice Period”), Indemnitor shall notify Indemnitee in writing if the Indemnitor elects to assume control of the defense and settlement of that third party claim (“Election Notice”). If Indemnitor delivers an Election Notice relating to any third party claim within the required Election Notice Period, the Indemnitor shall be entitled to have sole control over the defense and settlement of such claim; provided that (a) the Indemnitee may participate in the defense and employ counsel at its own expense to assist with such third party claim, and (b) Indemnitor shall obtain the prior written approval of the Indemnitee before entering into any settlement of such third party claim that purports to binds the Indemnitee. After the Indemnitor has delivered an Election Notice, Indemnitor shall not be liable to the Indemnitee for any legal expenses incurred by the Indemnitee in connection with the defense of that third party claim. In addition, the Indemnitor shall not be required to indemnify the Indemnitee for any amount paid or payable by the Indemnitee in the settlement of any third party claim for which the Indemnitor has delivered a timely Election Notice, if such amount was agreed to with out the written consent of the Indemnitor. If the Indemnitor does not deliver an Election Notice relating to any third party claim within the required Election Notice Period, the Indemnitee shall have the right to defend the third party claim in such manne r as it may deem appropriate, at the sole cost and expense of the Indemnitor. The Indemnitor shall promptly reimburse the Indemnitee for all such costs and expenses (i.e. Liabilities).
9. Intellectual Property Indemnification . Iteris shall indemnify and hold harmless Purchaser from loss, damage or liability for infringement of a United States (U.S.) patent or U.S. copyright (" Intellectual Property") to the extent arising out of the distribution or use of Iteris Products as delivered to Purchaser by Iteris hereunder (the “IP Indemnity”); provided that Purchaser notifies Iteris in writing within ten (10) days of Purchaser's first notice of an infringement claim, threat or suit ("Infringement Claim") and fully cooperates with Iteris in the defense of such Infringement Claim and the avoidance of infringement by, including but not limited to, providing Iteris any requested authority, information, and assistance necessary. Iteris shall be entitled, at its election, to assume the defense of any Infringement Claim. The foregoing Indemnity shall not apply when normally non-infringing Iteris Products are rendered infringing by (i) alteration of Iteris Products or the operation thereof, not by Iteris or duly authorized by Iteris in writing, (ii) use of Iteris Products in combination with other products, software, or services, (iii) Iteris’ modification of its Products in compliance with the Purchaser's specifications or instructions , or (iv) Purchaser’s failure to use and implement instructions provided by Iteris in a writing that would have rendered the Iteris Product non -infringing after reasonable time after receipt by Purchaser and before actual infringement. Iteris shall have the right to resolve any Infringement Claim in the manner it deems appropriate, including, but not limited to, (i) obtaining a license from the owner of the alleged infringed Intellectual Property or (ii) modifying or replacing the alleged infringing Product with non-infringing Product. In the event that neither (i) or (ii) are commercially possible, then Iteris shall have the right to rescind the purchase of the affected portions of the Products and to refund the Purchaser with a pro rata amount of monies paid for such affected Products. The foregoing IP Indemnity shall not extend to claims based on infringement of Intellectual Property outside the United States of America. Iteris’ sole obligation and liability to Purchaser with respect to indemnification of claims shall be as set forth i n this paragraph and specifically excludes indemnification for consequential damages, incidental damages, punitive damages, and attorneys' fees.
10. Arbitration. It is the intent of the parties that any controversy will be elevated to the highest management l evels within the respective organizations in an attempt to resolve the matter most efficiently. If the parties are unable, after good faith negotiations, which each hereby covenants to undertake, to resolve any dispute, claim or controversy arising between them, the parties hereby expressly agree that the exclusive means of resolving any such dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration. If the Purchaser has an office located in the United States, arbitration shall be conducted under the Streamlined Arbitration Rules and Procedure s of JAMS, a national alternative dispute resolution service (www.jamsadr.com) and shall be conducted in the English language, in Los Angeles, CA USA, by one (1) arbitrator appointed in accordance with said rules. If the Purchaser does not have an office i n the United States, arbitration shall be conducted under the Rules of Arbitration of the International Chamber of Commerce and be conducted in the English language, in New York, NY, USA, by one (1) arbitrator appointed in accordance with said Rules of Arbitration. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction nor shall it preclude Iteri s from any pursuit allowed by the full extent of the law for collection of amounts owed by Purchaser under any credit arrangement. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.
11. Product Modifications. Iteris reserves the right, at any time and without notice to Purchaser, to modify Products, in whole or in part, to include therein changes deemed appropriate by Iteris whi ch do not adversely affect the form, fit or function of the Products, and without incurring any liability, to change or modify any Product previously delivered, or to supply new Products in replacement thereof.
12. Export Responsibility. All sales hereunder shall at all times be subject to the export control laws and regulations of the U.S. government. Purchaser agrees that it shall not make any disposition, by way of transshipment, re - export, diversion or otherwise, except as said laws and regulations may expressly permit, of U.S. origin goods purchased from Iteris, other than as to the ultimate country of destination specified on Purchaser’s order and/or declared as the country of ultimate destination on Iteris’ invoices.
13. General.
a. No modification of a quotation or a resulting order shall be binding unless in writing signed by an authorized representative of Iteris. b. No waiver by either party of any default shall be deemed a waiver of any subsequent default.
c. Purchaser shall not assign its Order or any intere st therein or any rights hereunder without the written consent of Iteris, and any such purported assignment shall be null and void and of no affect whatsoever. d. Purchaser agrees that it will not modify, reproduce, reverse engineer, reverse compile, disassemble, translate, de-compile, deconstruct or decrypt, the whole or any part of the Products, including any software embedded therein. e. All quotations and any resulting order shall be construed, interpreted and governed by the laws of the State of California, USA, but specifically excluding any International Convention regarding the International Sales of Goods.
Should any court of competent jurisdiction determine any portion hereof illegal or against public policy, such determination shall not affect that portion herein that is not illegal or against public policy. In the event that the federal, state, provincial, city or local government or any bureau or agency thereof, should promulgate any law, rule or regulation affecting prices, deliveries or any other term of a contract resulting from a quotation, then, at the option of Iteris communicated to the Purchaser in writing within a reasonable time, the contract between Iteris and the Purchaser may be either terminated by Iteris and be of no force and effect and the parties shall be restored to the position they occupied before the contract was executed, or Iteris may make such changes in the price, delivery schedule and terms as Iteris in its reasonable business judgment may deem necessary to comply with such law, rule or regulation.
DocuSign Envelope ID: 147D6897-4EBB-4666-92FE-C5509E58DE95 DocuSign Envelope ID: A6DA617A-6F8C-4EF6-B8C2-28E7A4750597 31 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2
DATE: July 19, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement A-8485 with NoHo Constructors for Pleasant Valley Park Restroom Project, Specification No. PW 21-84.
RECOMMENDATION
That the City Council approve and authorize the following for a total of $261,000 in Project funds for the Pleasant Valley Park Restroom Project, Specification No. PW 21-84 (Project No. 205708):
1. The Mayor to execute Agreement A-8485 with NoHo Constructors in the amount of $217,500 for the Project;
2. A Project contingency amount of $21,750 for the Project; and
3. A Project allocation amount of $21,750 for engineering, inspection, survey and project management for the Project.
This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.
BACKGROUND
This project includes removing the existing bathroom which is currently out of service and replacing it with a prefabricated Exeloo restroom. The prefabricated Exeloo restroom has been pre-purchased by the city and will be installed by the contractor on-site. The Exeloo restroom’s various features such as auto wash and auto lock dramatically reduce service costs and increase the safety factor when compared with traditional toilet rooms. Exeloo restrooms are prefabricated in a factory environment and transported to site, ready for rapid installation, which reduces on-site construction costs and public disruption.
Capital Improvement Plan (CIP) Reference:
Project Nos. 205708 & 235701 – Public Restroom Improvements - CIP 2022-2027 - Adopted May 17, 2022 - Page 13
DISCUSSION
The notice inviting formal bids (NIFB) on the Project was published on April 28, 2022, and all bids were due on June 17, 2022. The City received the following bids:
JTEC Corporation: $164,160.00
NoHo Constructors: $217,500.00
Staples Construction Company, Inc.: $218,637.60
Schock Contracting Corporation $218,976.00
32 The bid from the lowest bidder was determined to be non-responsive to the call for bids. The bid from the next lowest bidder, NoHo Constructors ($217,500) is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from NoHo and its subcontractors. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to NoHo Constructors.
In addition to the project award amount of $217,500, staff recommends authorizing $43,500, for the project, which includes $21,750 for project contingency (10% of the contract costs) and $21,750 for the cost of engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $261,000.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
FINANCIAL IMPACT
This Project is funded in part by Community Development Block Grant funds (CDBG) from the United States Department of Housing and Urban Development (HUD) and the Project is subject to, and must comply with, the applicable requirements of HUD Agreement No. B-19-MC-06-0534. The total cost for this Project is $261,000 which includes the construction agreement, contingency and project allocation. The Pleasant Valley Park Restroom Project No. 205708 has an available project budget balance of approximately $100,000 from the CDBG Entitlement Fund (285). The Public Restrooms Improvements Project No. 235701 has an available project budget balance of $1,000,000 from the Capital Outlay Fund (301).
COMMITTEE OUTCOME
This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.
Prepared by: Tatiana Arnaout, City Engineer
ATTACHMENTS
1. A-8485 NoHo Constructors PW 21-84
33 Agreement No. A-8485
1 CONTRACT
CITY OF OXNARD CONTRACT FOR
PLEASANT VALLEY PARK RESTROOM PROJECT
SPECIFICATION NO. PW 21-84
HUD Agreement No. B-19-MC-06-0534
THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 20___ (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and NOHO CONSTRUCTORS (“Contractor”). Contractor’s license number is 1028269.
In consideration of the covenants set forth herein, the parties hereto agree as follows:
1. Incorporation. The Contract consists of all Contract Documents, which shall include:
● The Notice Inviting Bids
● Instruction
s to Bidders
● General Provisions
● Grant and Federal Provisions
● Special
Provisions
●
Supplemental Special Provisions
● Plans, Standard Plans
● Greenbook
●
Appendix A “Earth Systems Pacific Geotechnical Engineering Report” ●
Appendix B “Exeloo Jupiter Restroom Units Installation Procedures and Guidelines” ● Appendix C “Exeloo Jupiter 22DD Platinum Twin Accessible Drawings” ●
Appendix D “HUD LR01.DG Contractor’s Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects”
● Appendix E “Davis Bacon Act Wage Decision”
● Appendix F “Section 3 Business Interest Forms”
●
Appendix G, “Federal Labor Standards Provisions Form HUD 4010” ●
Appendix H “HUD Agreement No. B-19-MC-06-0534”
● Appendix I “Inter-Departmental Agreement for Use of CDBG Funds” ●
Exhibit A Bid (including documentation accompanying the Bid and post-Bid documentation submitted before the notice of award)
●
HUD-2530 Form Previous Participation Certification
● HUD-51000 Schedule of Amounts for Contract Payments (Exhibit B) ●
HUD-5369-A Representations, Certifications, and Statements of Bidders ●
Insurance documentation as set forth in Exhibit INS-E
● Bonds
●
City business license
● Permits from regulatory agencies
● Addenda
●
Change Orders and Supplemental Agreements
The documents above
are incorporated herein by reference. The Appendices listed above are included as part of the Contract Documents.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Pleasant Valley Park Restroom Project, Specification No. PW 21-84 (“Project”), as describe
d in this Contract and in the incorporated Contract Documents. 34 Agreement No. A-8485
2 3.
Compensation. In consideration of the services rendered hereunder, City shall pa y Contractor a not to exceed amount of Two hundred seventeen thousand five hundred dollars ($217,500) in accordance with the prices as submitted in the Bid, attach ed hereto as Exhibit “A” and incorpor
ated herein by this reference.
4. Antitrust Claims. In entering into this Contract, Contractor assigns to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Section 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq .)
arising fro
m purchases of goods, services, or materials pursuan t to the Contract. This assignment
shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
5. Prevailing Wages. City and Contractor ackno
wledge that the Project is a public work to which
prevailing wages apply. Copies of the prevai ling rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file with the Project Coordinator at City Hall and will be made av
ailable to any interested party on request.
Contractor and all Sub
contractors are not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless register
ed and qualified to perform public work pursuant to Labor Code Section 1725.5 at t
he time of Bid submission.
6. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which r equire every
employer to
be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of th
is Contract.”
7. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
8. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
9. Entire Agreement. This Contract, including all incorporated documents, constitutes the entire agreement between the parties hereto with respect to the Project, and supersedes all previous agreements, promises, proposals, r
epresentations, understandings and negotiation s, whether written or oral, between the parties r
egarding the subject matter.
10. Amendment. No Contract modification, amendment or supplement to this Contract other than Change Orders will be binding unless written and signed by the parties’ duly authorized representatives.
11. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitu te one and the same instrument. A signed copy of this Contract trans mitted by f acsimile, email or other means of
electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes.
[signatures on
following page]
35 Agreement No. A-8485
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.
CITY OF OXNARD NOH
O CONSTRUCTORS
☒ Jo hn C. Zaragoza, Mayor a Date Bryce Greenstein, President b Date ☐ Alexande
r Nguyen, City Manager
☐ Purcha
sing Manager
☐
B u y e r
Vananda Nani Cholakians, Date
ATTEST: Ch i e f F i n a n c i a l O f f i c e r
Rose Chaparro, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
a The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $2
5,000 annually.
b The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower‐level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a differe nt structure, or if the above‐listed persons are not the appropriate signers, please submit to the City Attorney legally‐binding documentation stating who can sign and bind your company. 36 EXHIBIT A
EX. A-1
37 EXHIBIT A
EX. A-2
38 EXHIBIT A
EX. A-3
39 EXHIBIT A
EX. A-4
40 EXHIBIT A
EX. A-5
41 EXHIBIT A
EX. A-6
42 EXHIBIT A
EX. A-7
43 EXHIBIT A
EX. A-8
44 EXHIBIT A
EX. A-9
45 EXHIBIT A
EX. A-10
46 EXHIBIT A
EX. A-11
47 EXHIBIT A
EX. A-12
48 EXHIBIT A
EX. A-13
49 EXHIBIT A
EX. A-14
50 EXHIBIT A
EX. A-15
51 EXHIBIT A
EX. A-16
52 EXHIBIT A
EX. A-17
53 EXHIBIT A
EX. A-18
54 EXHIBIT A
EX. A-19
55 EXHIBIT A
EX. A-20
56 EXHIBIT A
EX. A-21
57 EXHIBIT A
EX. A-22
58 EXHIBIT A
EX. A-23
59 EXHIBIT A
EX. A-24
60 EXHIBIT A
EX. A-25
61 EXHIBIT A
EX. A-26
62 EXHIBIT A
EX. A-27
63 EXHIBIT A
EX. A-28
64 EXHIBIT A
EX. A-29
65 EXHIBIT A
EX. A-30
66 EXHIBIT A
EX. A-31
67 EXHIBIT A
EX. A-32
68 EXHIBIT A
EX. A-33
69 EXHIBIT A
EX. A-34
70 EXHIBIT A
EX. A-35
71 EXHIBIT A
EX. A-36
72 EXHIBIT A
EX. A-37
73 EXHIBIT A
EX. A-38
74 EXHIBIT A
EX. A-39
75 EXHIBIT A
EX. A-40
76 EXHIBIT A
EX. A-41
77 EXHIBIT A
EX. A-42
78 EXHIBIT A
EX. A-43
79 EXHIBIT A
EX. A-44
80 EXHIBIT A
EX. A-45
81 EXHIBIT A
EX. A-46
82 EXHIBIT A
EX. A-47
83 EXHIBIT A
EX. A-48
84 EXHIBIT A
EX. A-49
85 EXHIBIT A
EX. A-50
86 EXHIBIT A
EX. A-51
87 EXHIBIT A
EX. A-52
88 form HUD-51000 (7/97)
ref Handbooks 7417.1 and 7485.1Previous editions are obsolete U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
Schedule of Amounts for
Contract Payments
No progress payments shall be made to the contractor unless a schedule of amounts for contract payments in accordance with the construction contract is received.
Total Amount of Contract or Carried Forward $
To the best of my knowledge, all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.
Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) OMB Approval No. 2577-0157
(Exp. 11/30/2023)
Signature of authorized represenative Date signed (mm/dd/yyyy) Project Name and Location Project Number
Name, Address, and Zip Code of Contractor
Nature of Contract Contract Number
Approved for Contractor by Title Date (mm/dd/yyyy)
Approved for Architect by Title Date (mm/dd/yyyy)
Approved for Owner by Title Date (mm/dd/yyyy)
Item Unit of Unit Price Amount of Amount of
No. Description of Item Quantity Measure in Place Sub-Item Principal Item (1) (2) (3) (4) (5) (6) (7)
Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not conduct or sponsor, and an applicant is not required to respond to a collection of information unless it displays a currently valid OMB control number. Construction practices and HUD administrative requirements establish the need that HAs maintain certain records or submit certain documents in conjunction with the oversight of the award of construction contracts for the construction of new lowincome housing developments or modernization of existing developments.
These forms are used by HAs to provide information on the construction progress schedule and schedule of amounts for contract payments. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality.
EXHIBIT B
EXHIBIT B1
89 form HUD-51000 (4/20)
ref Capital Fund Guidebook Previous editions are obsolete Bond
General Conditions
Demolition & Clearing
Structures
General Excavation
Footing Excavation
Backfill
Foundation Piles & Caissons
Concrete Foundations
Concrete Superstructures
Reinforcing Steel
Waterproofing & Dampproofing
Spandrel Waterproofing
Structural Steel
Masonry
Stonework
Miscellaneous & Ornamental Metal
Metal Windows
Roofing
Sheet Metal
1 2
3 4
5 6
7 8
9 10
11 1
2 13
14 15
16 17
18 19
Master List of Items
Item No. Division of Work Item No. Division of Work Item No. Division of Work 20 Rough Carpentry
21 Metal Bucks
22 Caulking
23 Weatherstripping
24 Lath & Plastering-Drywall
25 Stucco
26 Finish Carpentry
27 Finish Hardware
28 Glass & Glazing
29 Metal Doors
30 Metal Base & Trim
31 Toilet Partitions
32 Floors
33 Painting & Decorating
34 Screens
35 Plumbing
36 Heating
37 Ventilating System
38 Electrical
39 Elevators
40 Elevator Enclosures—Metal
41 Incinerators—Masonry & Parts
42 (Other)
43 (Other)
Site Improvements
44 Retaining Walls
45 Storm Sewers
46 Sanitary Sewers
47 Water Distribution System
48 Gas Distribution System
49 Electrical Distribution System
50 Street & Yard Lighting
51 Fire & Police Alarm System
52 Fire Protection System
53 Street Work
54 Yard Work
55 (Other)
56 (Other)
Equipment
57 Shades & Drapery Rods
58 Ranges
59 Refrigerators
60 Kitchen Cabinets & Work Tables
61 Laundry Equipment
62 (Other)
63 Punch List \2
64 Lawns & Planting
1 General Conditions should be 3% to 5% of contract amount. 2 Punch List should be approximately 1/2 of 1% or $30 per dwelling unit, whichever is greater.
Instructions for Preparation of form HUD-51000
1. A separate breakdown is required for each project and prime contract instructions for preparation are given below.
a. Heading. Enter all identifying information required for both forms.
b. Columns 1 and 2. In column 1, enter the item numbers starting with No. 1, and in column 2 enter each principal division of work incorporated in the contract work.
(1) Master List. The Master list contains the basic items into which any construction contract may be subdivided for the purpose of preparing the Construction Progress Schedule and the Periodical Estimates for Partial Payments. Only those items shall be selected which apply to the particular contract. To ensure uniformity, no change shall be made in the item numbers. Generally, about 25 to 40 major items appear in a contract.
(2) Items Subdivided. In the Contractor's breakdown, against which all periodical estimates will be checked prior to pay- ment, each major item must be subdivided into sub-items pertinent to the project involved and in agreement with the Contractor's intended basis for requesting monthly pay- ments.
c. Column 3. Enter the total quantity for each sub-item of each principal division of work listed in the breakdown.
d. Column 4. Enter the appropriate unit of measure for each sub- item of work opposite the quantities described in column 3, such as “sq. ft.,” “cu. yd.,” “tons,” “lb.,” “lumber per M/BM,” “brickwork per M,” etc., applicable to the particular sub-item. Items shown on “lump sum” or equivalent basis will be paid for only on completion of the whole item and not on a percentage of completion basis.
e. Column 5. Enter the unit price, in place, of each sub-item of work.
f. Column 6. Enter the amount of each sub-item obtained by multiplying the quantities in column 3 by the corresponding unit prices in column 5.
g. Column 7. Enter the amount of principal item only, obtained by adding the amounts of all sub-items of each principal division of work listed in column 6. Continue with the breakdown on form HUD-51000.
h. The “Schedule of Amounts for Contract Payments” shall be signed and dated in the space provided at the bottom of each sheet of the form by the individual who prepared the breakdown for the Contractor.
2. The minimum number of copies required for each submission for approval is an original and two copies. When approved, one fully approved copy will be returned to the Contractor.
EXHIBIT B
EXHIBIT B2
90 Agreement No. A-8485
APPENDIX E 1
APPENDIX E
Davis Bacon Act Wage Decision
"General Decision Number: CA20220015 04/29/2022
Superseded General Decision Number: CA20210015
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Ventura County in California.
BUILDING, DREDGING (does not incldue hopper dredge work), HEAVY (does not include water well drilling), AND HIGHWAY
CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).
______________________________________________________________ |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $15.00 per hour (or | | | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2022. |
|______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $11.25 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2022. |
|______________________________|_____________________________| 91 Agreement No. A-8485
APPENDIX E 2
The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at
https://www.dol.gov/agencies/whd/government-contracts.
Modification Number Publication Date
0 01/07/2022
1 01/14/2022
2 01/28/2022
3 02/25/2022
4 04/01/2022
5 04/29/2022
ASBE0005-002 09/01/2021
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 47.25 24.45
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 32.09 19.66
---------------------------------------------------------------- ASBE0005-004 07/05/2021
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)....$ 22.40 13.07
---------------------------------------------------------------- BOIL0092-003 01/01/2021
Rates Fringes
BOILERMAKER......................$ 46.03 38.81
92 Agreement No. A-8485
APPENDIX E 3
---------------------------------------------------------------- * BRCA0004-012 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 41.39 18.81
*The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-004 06/01/2021
Rates Fringes
MARBLE FINISHER..................$ 35.90 14.11 TILE FINISHER....................$ 30.47 12.52 TILE LAYER.......................$ 43.09 18.31 ---------------------------------------------------------------- * BRCA0018-010 09/01/2021
Rates Fringes
TERRAZZO FINISHER................$ 35.43 14.10 TERRAZZO WORKER/SETTER...........$ 43.61 14.63 ---------------------------------------------------------------- CARP0213-001 07/01/2021
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 51.60 16.28
(2) Millwright..............$ 52.10 16.48
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 51.73 16.28
(4) Pneumatic Nailer,
Power Stapler...............$ 51.85 16.28
(5) Sawfiler...............$ 51.69 16.28
(6) Scaffold Builder.......$ 42.80 16.28
(7) Table Power Saw
Operator....................$ 51.70 16.28
FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged 93 Agreement No. A-8485
APPENDIX E 4
trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
---------------------------------------------------------------- CARP0213-002 07/01/2021
Rates Fringes
Diver
(1) Wet.....................$ 834.40 16.28
(2) Standby.................$ 445.84 16.28
(3) Tender..................$ 437.84 16.28
(4) Assistant Tender........$ 413.84 16.28
Amounts in ""Rates' column are per day
---------------------------------------------------------------- CARP0213-004 07/01/2021
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 51.60 16.28
STOCKER/SCRAPPER............$ 22.16 8.62
---------------------------------------------------------------- CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer......$ 21.85 7.15 ---------------------------------------------------------------- ELEC0952-001 12/27/2021
Rates Fringes
Electricians: (All work
within 32 road miles from the
nearest base point)
Cable Splicer...............$ 48.13 29.55
Electrician
Transportation Systems
Technician Journeyman
Wireman - Street Lighting
& Traffic Signals..........$ 43.75 29.42
Transportation Systems
Technician - Street
Lighting & Traffic Signals..$ 32.81 29.09
ALL WORK MORE THAN 32 ROAD MILES FROM NEAREST BASE POINT:
Add $5.00 to the basic hourly rate. BASE POINTS: the main Post Office in the cities of Camarillo, Oak View, Oxnard, Santa Paula and Ventura.
---------------------------------------------------------------- ELEC0952-003 12/27/2021
COMMUNICATIONS AND SYSTEMS WORK
94 Agreement No. A-8485
APPENDIX E 5
Rates Fringes
Communications System
Installer...................$ 42.17 15.55
Technician..................$ 30.10 12.78
SCOPE OF WORK:
Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational,
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 systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings.
Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above
listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function;
excluding all other data systems or multiple systems which include control function or power supply; excluding
installation of raceway systems, conduit systems, line
voltage work, and energy management systems. Does not
cover work performed at China Lake Naval Ordnance Test
Station. Fire alarm work shall be performed at the current inside wireman total cost package.
---------------------------------------------------------------- ELEV0018-001 01/01/2022
Rates Fringes
ELEVATOR MECHANIC................$ 61.34 36.885+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
---------------------------------------------------------------- ENGI0012-003 07/01/2020
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 48.25 27.20
GROUP 2....................$ 49.03 27.20
GROUP 3....................$ 49.32 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 48.96 25.25
95 Agreement No. A-8485
APPENDIX E 6
GROUP 6....................$ 51.03 27.20
GROUP 8....................$ 51.14 27.20
GROUP 9....................$ 49.29 25.25
GROUP 10....................$ 51.26 27.20
GROUP 11....................$ 49.41 25.25
GROUP 12....................$ 51.43 27.20
GROUP 13....................$ 51.53 27.20
GROUP 14....................$ 51.56 27.20
GROUP 15....................$ 51.64 27.20
GROUP 16....................$ 51.76 27.20
GROUP 17....................$ 51.93 27.20
GROUP 18....................$ 52.03 27.20
GROUP 19....................$ 52.14 27.20
GROUP 20....................$ 52.26 27.20
GROUP 21....................$ 52.43 27.20
GROUP 22....................$ 52.53 27.20
GROUP 23....................$ 52.64 27.20
GROUP 24....................$ 52.76 27.20
GROUP 25....................$ 52.93 27.20
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 49.60 27.20
GROUP 2....................$ 50.38 27.20
GROUP 3....................$ 50.67 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 51.03 27.20
GROUP 6....................$ 51.14 27.20
GROUP 7....................$ 51.26 27.20
GROUP 8....................$ 51.43 27.20
GROUP 9....................$ 51.60 27.20
GROUP 10....................$ 52.60 27.20
GROUP 11....................$ 53.60 27.20
GROUP 12....................$ 54.60 27.20
GROUP 13....................$ 55.60 27.20
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 50.10 27.20
GROUP 2....................$ 50.88 27.20
GROUP 3....................$ 51.17 27.20
GROUP 4....................$ 51.31 27.20
GROUP 5....................$ 51.53 27.20
GROUP 6....................$ 51.64 27.20
GROUP 7....................$ 51.76 27.20
PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.
96 Agreement No. A-8485
APPENDIX E 7
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator;
Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck
GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or 97 Agreement No. A-8485
APPENDIX E 8
similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type);
Pumpcrete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck);
Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
98 Agreement No. A-8485
APPENDIX E 9
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified.
GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine, up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, 99 Agreement No. A-8485
APPENDIX E 10
operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired
100
Agreement No. A-8485
APPENDIX E 11
earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane 101
Agreement No. A-8485
APPENDIX E 12
operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
102
Agreement No. A-8485
APPENDIX E 13
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM.
Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW 103
Agreement No. A-8485
APPENDIX E 14
corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W.
Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
104
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---------------------------------------------------------------- ENGI0012-004 08/01/2020
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 56.40 30.00
(2) Dredge dozer............$ 50.43 30.00
(3) Deckmate................$ 50.32 30.00
(4) Winch operator (stern
winch on dredge)............$ 49.77 30.00
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 49.23 30.00
(6) Barge Mate..............$ 49.84 30.00
---------------------------------------------------------------- IRON0433-006 07/01/2020
Rates Fringes
IRONWORKER
Fence Erector...............$ 34.58 24.81
Ornamental, Reinforcing
and Structural..............$ 41.00 33.45
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0300-005 03/01/2021
Rates Fringes
Asbestos Removal Laborer.........$ 37.49 21.88
SCOPE OF WORK: Includes site mobilization, initial site 105
Agreement No. A-8485
APPENDIX E 16
cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
---------------------------------------------------------------- LABO0345-001 07/01/2021
Rates Fringes
LABORER (GUNITE)
GROUP 1.....................$ 46.50 20.42
GROUP 2.....................$ 45.55 20.42
GROUP 3.....................$ 42.01 20.42
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
---------------------------------------------------------------- LABO0585-001 07/01/2020
Rates Fringes
LABORER (TUNNEL)
GROUP 1.....................$ 42.54 21.04
GROUP 2.....................$ 42.86 21.04
GROUP 3.....................$ 43.32 21.04
GROUP 4.....................$ 44.01 21.04
LABORER
GROUP 1.....................$ 36.39 21.04
GROUP 2.....................$ 36.94 21.04
GROUP 3.....................$ 37.49 21.04
GROUP 4.....................$ 39.04 21.04
GROUP 5.....................$ 39.39 21.04
106
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APPENDIX E 17
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; 107
Agreement No. A-8485
APPENDIX E 18
Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other
materials (for example, but not by way of limitation,
shotcrete, etc.)
GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work 108
Agreement No. A-8485
APPENDIX E 19
---------------------------------------------------------------- LABO0585-003 07/01/2021
Rates Fringes
Brick Tender.....................$ 35.82 20.45 ---------------------------------------------------------------- LABO1184-001 07/01/2021
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 38.89 17.10
(2) Vehicle Operator/Hauler.$ 39.06 17.10
(3) Horizontal Directional
Drill Operator..............$ 40.91 17.10
(4) Electronic Tracking
Locator.....................$ 42.91 17.10
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 40.10 20.12
GROUP 2.....................$ 41.40 20.12
GROUP 3.....................$ 43.41 20.12
GROUP 4.....................$ 45.15 20.12
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes 109
Agreement No. A-8485
APPENDIX E 20
and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
---------------------------------------------------------------- LABO1414-001 08/05/2020
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 36.03 21.01
PLASTER TENDER..............$ 38.58 21.01
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0036-007 07/01/2019
Rates Fringes
Painters:
(1) Repaint Including Lead
Abatement...................$ 25.40 15.87
(2) High Iron & Steel.......$ 32.12 16.03
(3) Journeyman Painter
including Lead Abatement....$ 30.04 16.03
(4) Industrial..............$ 34.02 16.49
(5) All other work..........$ 30.04 16.03
REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.
HIGH IRON & STEEL:
Aerial towers, towers, radio towers, smoke stacks, flag poles (any flag poles that can be finished from the ground with a ladder excluded), elevated water towers, steeples and domes in their entirety and any other extremely high and hazardous work, cooning steel, bos'n chair, or other similar devices, painting in other high hazardous work shall be classified as high iron & steel
---------------------------------------------------------------- PAIN0036-008 10/01/2021
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 43.63 22.92 ---------------------------------------------------------------- PAIN0036-015 01/01/2020
Rates Fringes
GLAZIER..........................$ 43.45 23.39
FOOTNOTE: Additional $1.25 per hour for work in a condor, 110
Agreement No. A-8485
APPENDIX E 21
from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
---------------------------------------------------------------- PAIN1247-002 01/01/2021
Rates Fringes
SOFT FLOOR LAYER.................$ 38.75 14.03 ---------------------------------------------------------------- PLAS0200-009 08/04/2021
Rates Fringes
PLASTERER........................$ 45.77 18.39 ---------------------------------------------------------------- PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91
---------------------------------------------------------------- PLUM0016-001 09/01/2021
Rates Fringes
PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space.................$ 52.20 24.38
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 39.91 22.71
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 53.83 25.36
---------------------------------------------------------------- PLUM0345-001 09/01/2021
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 36.85 24.75
Sewer & Storm Drain Work....$ 40.94 22.13
111
Agreement No. A-8485
APPENDIX E 22
---------------------------------------------------------------- ROOF0036-002 08/01/2021
Rates Fringes
ROOFER...........................$ 42.07 18.92
FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay.
---------------------------------------------------------------- SFCA0669-010 04/01/2022
DOES NOT INCLUDE PORT HUENEME, PORT MUGU, THE CITY OF SANTA PAULA, AND THAT PART OF VENTURA COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES:
Rates Fringes
SPRINKLER FITTER.................$ 43.25 26.77
(FIRE)
---------------------------------------------------------------- SFCA0709-001 01/01/2021
PORT HUENEME, PORT MUGU, THE CITY OF SANTA PAULA, AND THAT PART OF VENTURA COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES:
Rates Fringes
SPRINKLER FITTER (Fire)..........$ 48.71 29.15 ---------------------------------------------------------------- SHEE0273-002 08/01/2019
Rates Fringes
SHEET METAL WORKER...............$ 45.48 30.05
HOLIDAYS: New Year's Day, Martin Luther King Day, President's Day, Good Friday, Memorial Day, Indepdendence Day, Labor Day, Veterans Day,Thankisgiving Day & Friday after,
Christmas Day
---------------------------------------------------------------- TEAM0011-002 07/01/2020
Rates Fringes
TRUCK DRIVER
GROUP 1....................$ 32.59 30.59
GROUP 2....................$ 32.74 30.59
GROUP 3....................$ 32.87 30.59
112
Agreement No. A-8485
APPENDIX E 23
GROUP 4....................$ 33.06 30.59
GROUP 5....................$ 33.09 30.59
GROUP 6....................$ 33.12 30.59
GROUP 7....................$ 33.37 30.59
GROUP 8....................$ 33.62 30.59
GROUP 9....................$ 33.82 30.59
GROUP 10....................$ 34.12 30.59
GROUP 11....................$ 34.62 30.59
GROUP 12....................$ 35.05 30.59
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over
GROUP 10: Dump truck - 50 yds. or more water level; Water 113
Agreement No. A-8485
APPENDIX E 24
pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (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 114
Agreement No. A-8485
APPENDIX E 25
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 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
115
Agreement No. A-8485
APPENDIX E 26
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
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"
116
Agreement No. A-8485
EXHIBIT INS-E
INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITH BUILDER’S RISK REQUIREMENT)
1 Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.
1.1 Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined sin gle limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general a ggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;
1.2 Business Automobile Liability Insuran ce in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Lia bility Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
1.3 If architectural, engineering, or electr ical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neithe r Contractor nor listed subcontr actors having less than $500,000 individually. The Professional Liab ility/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request.
1.4 Course of Construction Insurance providing coverage for “all risks” of loss in an amount not less than the completed value of the project, with City named as Owner and Insured.
1.5 Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all r ights of subrogation which the insurer may have against the City.
2 Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endo rsements effecting coverage required by this Exhibit INS-E. The certificates and endorsements for each insurance policy are to be signe d by a person authorized by that insurer to bind coverage on its behalf. Th e certificates and endorsements are to be on the attached forms o r on other forms approved by the Risk Manager. All certifica tes and endorsements are to be received and approved by the Risk Manager before wor k commences.
City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):
City of Oxnard
Insurance Compliance
Reference No. PW 21-84
P.O. Box 100085 – OX
Dulut
h, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
3 Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best r ating of A:VII or better and shall be endorsed to state that coverage may not be susp ended, voided, canceled by either part y, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Ri sk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice. 4 Contractor agrees that the Commercial Gene ral Liability and Business Au tomobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as ad ditional insureds as respects: liability arising out of activi ties performed by or on behalf of Contractor; products and completed operations of Contractor; prem ises owned, occupied or used by Contractor; or autom obiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on th e scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-E or substitute forms containing the same information and acceptable to the Risk Manager shal l be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037). 5 The coverages provided to City shall be primary and not contribu ting to or in excess of any existing City insurance or self-ins urance coverages (this must be endorsed) . Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage p rovided to City, its City Council, officers, employees and volunteers. The insurance shall a pply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 6 Any deductibles or self-insured rete ntions must be declared to and approved by the Risk Manager. At the option of the Risk Man ager, either the insurer shall reduce or eliminate such deductibles or self-insured retenti ons as respects City, its City Council, of ficers, employees and volunteers, or the Contractor shall procure a bond guaranteeing pa yment of losses and related inve stigations, claim administrat ion and defense expenses.
EX. INS-E 1
117
Agreement No. A-8485
7 All insurance standards applicable to Contractor shall also be a pplicable to Contractor’s subcon tractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
EX. INS-E 2
118
Agreement No. A-8485
INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
Certificates of Insurance
The sample accord form on the following page is provided to fa cilitate your preparation and su bmission of certificates of insurance. You may use this or any industry form that s hows coverage as broad as that shown on the attached sample.
Please note the certificate holder address must be as sh own on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifi able insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use t he endorsement forms which are attached.
Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.
EX. INS-E 3
119
Agreement No. A-8485
ACORD CERTIFICATE OF INSURANCE ISSUE DATE
(MM/DD/YY)
PRODUCER
THIS CERTIFICATE IS ISSU ED AS A MATTER OF INFORMAT ION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODE SUB-CODE
COMPANIES AFFORDING INSURANCE COVERAGE
INSURED
COMPANY
LETTER A SPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER
B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO D INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM ENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MA Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE
(MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A
GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[x] CLAIMS MADE [x] OCCUR.
[x] OWNER'S & CONTRACTOR'S PROT.
GENERAL AGGREGATE
$2,000,000
PRODUCTS COMP/OP AGG. $2,000,000
PERSONAL & ADV. INJURY $2,000,000
EACH OCCURRENCE $2,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A
AUTOMOBILE LIABILITY
[x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE
$1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE
$
A
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
$
AGGREGATE $
A
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT
$1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A
OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be performed under the Contract, Course of Construction Insurance
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
Course of Construction
Completed Value of Project
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No._ PW 21-84
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
SAMPLE
EX. INS-E 4
120
Agreement No. A-8485
GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
SAMPLE
APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH
OCCURRENCE
AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
Underwriter=s representative for claims pursuant to this insurance.
CLAIMS:
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suit s arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured t o the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respect s the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organizat ion would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditi ons, agreements or excl usions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No._ PW 21-84
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have
authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
EX. INS-E 5
121
Agreement No. A-8485
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR TH
E CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
SAMPLE
APPLICABILITY. This insurance pertains to the o perations, products and/or tenancy of the named insured under all written agreement s and permits in force with the City unless checked here in which case only the following s pecific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF I
NSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In
consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured t o the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respect s the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, a ny other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organizat ion would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1) .
Except as stated above not hing herein shall be held to waive, alter or extend any of the limits, condit ions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No._ PW 21-84
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I
(print/type name), warrant that I have authority to
bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
EX. INS-E 6
122
Agreement No. A-8485
Bond No. __________
PAY
MENT BOND
(LABOR AND MATERIALS)
KNOW ALL
PERSONS BY THESE PRESENTS that:
WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to NoHo Constructors, 11012 Ventura Boulevard, Suite 1259 Studio City, CA 91604(“Principal”) (Name and address of Contractor)
a contract (t
he “Contract”) for the Work described as Pleasant Valley Park Restroom Project, Specification No. PW 21-84.
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of any Work, to file a good and sufficient Payment Bond with the Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and ad dress of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors a nd administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Two Hundred Seventeen Thousand, Five Hundred Dollars ($217,500), this amount being not less than a hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be aw arded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to 123
Agreement No. A-8485
Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, th e Surety hereby waives California Civil Code 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its:
__________________________
By:
Its:
__________________________
(Seal)
“Surety”
By:
Its:
__________________________
By:
Its:
__________________________
(Seal)
Notes: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California. 124
Agreement No. A-8485
Bond No. __________
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Oxnard (“Agency”), has awarded to NoHo Constructors, 11012 Ventura Boulevard, Suite 1259, Studio City, CA 91604 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as Pleasant Valley Park Restroom Project, Specification No. PW 21-84.
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of Two Hundred Seventeen Thousand, Five Hundred Dollars ($217,500), this amount being not less than a hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. 125
Agreement No. A-8485
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
D a t e d :
“Principal”
By:
Its:
__________________________
By:
Its:
__________________________
(Seal)
“Surety”
By:
Its:
_________________________
By:
Its:
_________________________
(Seal)
Notes: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
126
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. L.1
DATE: July 19, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Campus Park Activation Project Update. (10/5/5)
RECOMMENDATION
That the City Council receive and file a verbal update report for the Campus Park Activation Project design.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.)
(Presentation will be live upon consultant's request.)
BACKGROUND
On June 4, 2019, City Council adopted resolutions authorizing the City Manager to submit an application for $8,500,000 in Statewide Park Development and Community Revitalization Program (SPP) grant funds for the Campus Park Activation Project. The grant application focused on Campus Park’s potential role in the community as outlined in the recent Parks and Recreation Master Plan. On February 20, 2020, the City was notified that the grant was being awarded for the full $8,500,000.
Following the grant award, the City sought a consultant team to provide landscape architecture and engineering design services for the Campus Park Activation Project (No. 215701). The project scope involves public outreach and participatory community design, cost analysis, engineering design, and preparation of plans and specifications for the proposed improvements at Campus Park. On December 15, 2020, City Council awarded an agreement to MIG for Landscape Architecture and Engineering Design Services.
Following the agreement award, MIG solicited design input through online surveys, community workshops, and an Advisory Panel group. Through these efforts, MIG created both a master design plan for Campus Park as well as a Phase I design plan that incorporates the specific project elements required by the grant and budgetary constraints. The master plan was presented to the Oxnard Airport Authority on June 9, 2022, and was unanimously approved and determined to be consistent with the adopted Airport Comprehensive Land Use Plan (ACLUP).
Capital Improvement Project (CIP) Reference:
Project No. 215701 – PW 20-95 - CIP 2021- 2026 - Adopted May 18, 2021 – Page 76.
DISCUSSION
This agenda item involves a verbal report to the City Council from the Campus Park Activation Project Design Consultant, MIG.
127
In his report, updates are provided that include the following topics:
1. Design Process
2. Project Constraints
a. Prop 68 Grant Requirements
3. Outreach Efforts to Date
4. Emerging Themes/ Concept
a. Site Furnishings and Materials
b. Plant Palette
5. Master Site Plan
6. Phase I Plan
The next steps for this project include completion of the 100% Construction Documents (Plans, Specifications, and Construction Cost Estimate) and project permitting/ entitlement with the goal of advertising the project for bid in Fall 2022 and awarding a construction contract in Winter 2023. Per the grant requirements, construction of the project must be completed by March 2024.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
FINANCIAL IMPACT
There is no financial impact in receiving this report.
COMMITTEE OUTCOME
This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program Budget, which was previously approved by the City Council.
Prepared by: Tatiana Arnaout, City Engineer
ATTACHMENTS
1. Presentation
128
Campus Park Activation Project
July 19, 2022
129
Presentation Overview
Recent Work 3
Emerging Concept 5
Community Engagement 4
Previous Master Plan 2
Project Background 1
130
Project Background
131
Background
• City acquired the 33-acre Oxnard High School site in 1995 • Fundamental goal is to re-orient the site toward downtown, neighborhoods, and other key civic locations.
• City was awarded an $8.5 million Prop. 68 Park Grant toward design and construction of the park.
132
Project Objectives
1. To activate the Campus Park Site with an exciting first phase;
2. To express the Natural, Cultural, and Historic Landscape of Oxnard;
3. To reconnect the Campus Park Site into the community fabric – the adjacent neighborhoods;
4. To maximize the impact of the available grant funding;
5. To consolidate program elements for maximum impact;
6. To deliver a revitalized Campus Park by March 2024.
133
134
135
136
137
138
139
2022 2021
Fall
Concept
Alternatives
Winter
Preferred
Design
Process
Preliminary Investigations
• Site Tour
• Data Gathering
• Technical Reports
Design Concepts
• Conceptual Design
Alternatives
• Emerging Concept
Community
Engagement
• User Group Interviews
• Pop-Up Workshop Events
• Advisory Panel
Community Engagement
Summer
Construction
Documents
• Construction Documents
• Permitting
Construction Documents
140
Project Constraints
Budget/Cost
Grant
Requirements
Phasing
Airport Runway
Protection Zone
141
Prop 68 Grant Requirements
Project Constraints
142
Airport Runway Protection Zone
143
Recent Work
144
Community Based Design
1. Activate the park with a diverse set of neighborhood activities that help bring life to the park at all hours of the day.
2. Culture and Art
• Celebrate the Cultural Diversity of Oxnard
• Incorporate Murals and Sculptures
• Highlight Oxnard's History, Farmworkers, Cesar Chavez
3. Open Space and Habitat
• Community Garden
• Native Trees and Plants
• Natural Landscape that represents Oxnard before it was developed • Walking Trails and Bridges over a Creek
145
Prop 68 Grant Requirements
Grant requires implementation of specific features and amenities:
146
Walking Path
147
Meadow
148
Seasonal Dry Creek
149
Nature Themed Inclusive Playground
150
Landscaping/Community Gardens
151
Pavilion
152
Pelota Mixteca Court
153
Skate Park
154
Bicycle Pump Track
155
Refurbished Courts/Parking Lot
156
Public Art Element
157
Community Engagement
158
Outreach Efforts to Date
3 Community Workshops | Visioning Sessions | Community Pop-ups Online Workshop | Advisory Panel Meetings | Online Survey Fall 2021 Summer 2019 Winter 2022 Summer 2021
Oxnard Airport Authority Approval
159
160
Emerging Themes
Safety/
Access
Balance
Flexible
Nature
Community/
Culture
161
Emerging Concept
162
1. Walking Path
2. Alluvial Wash
3. Recreation Core
4. Multi-Purpose Lawn
5. Inclusive Playground
6. Pavilion
7. Pelota Mixteca
8. Meadow
9. Community Garden
10. Restroom
11. Dog Park
12. Airplane Viewing Mound
13. Cultural Garden
14. Entry Garden
15. Community Gateway
Emerging Concept
2 2
1 1
3 4
6 7
10 10
8 8
8 9
13 11
12 5
1 4
8 8
15 14
1 15
15 15
15 10
2ND STREET
5TH STREET
K STREET
H STREET
163
Plan Enlargement:
Inclusive Playground / Pelota Mixteca
2ND STREET
5TH STREET
K STREET
H STREET
164
Plan Enlargement:
Entry Garden / Pavilion
2ND STREET
5TH STREET
K STREET
H STREET
165
Plan Enlargement:
Recreation Core
2ND STREET
5TH STREET
K STREET
H STREET
166
Plan Enlargement:
Airplane Viewing Mound / Cultural Garden
2ND STREET
5TH STREET
K STREET
H STREET
167
Plan Enlargement:
Dog Park / Community Garden
2ND STREET
5TH STREET
K STREET
H STREET
168
Community Gateway at 2 nd and H Street
169
Walking Paths
170
Alluvial Wash
171
Inclusive Playground
172
Pelota Mixteca Court
173
Pavilion and Multi -Purpose Lawn
174
Recreation Core
175
Community Garden
176
Site Furnishings and Materials
177
Site Furnishings and Materials
178
Plant Imagery: Walking Paths
179
Plant Imagery: Alluvial Wash
180
Plant Imagery: Meadow
Plant Imagery: Community Orchard
181
Plant Imagery: Perimeter
182
Emerging Concept / Phase 1 Site Plan
1 11
1 2
2 3
3 4
5 6
7 10
9 12
11 4
1. Walking Path
2. Alluvial Wash
3. Recreation Core
4. Multi-Purpose Lawn
5. Inclusive Playground
6. Pavilion
7. Pelota Mixteca
8. Meadow
9. Community Garden
10. Restroom
11. Existing Dog Park
12. Community Gateway
8 12
12 12
12 2ND STREET
5TH STREET
K STREET
H STREET
183
Emerging Concept / Master Site Plan Emerging Concept / Phase 1 Site Plan 2ND STREET
5TH STREET
K STREET
H STREET
2ND STREET
5TH STREET
K STREET
H STREET
184
Next Steps
185
2024 2023 2022 2021
Fall
Concept
Alternatives
Winter
Preferred
Design
Summer
Construction
Documents
Construction Phase 1
Campus Park
Opens
Process
• Site Tour
• Data Gathering
• Technical Reports
Deign Concepts
• Conceptual Design
Alternatives
• Master Site Plan
Community
Engagement
• User Group Interviews
• Pop-Up Workshop Events
• Advisory Panel
Community Engagement
186
Thank you!
187
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. L.2
DATE: July 19, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement with Taft Electric Company for the Oxnard Saviers Traffic Signal Improvements Project (5 Signals), Specification No. PW 19-97 (Project No. 173102) . (0/5/5)
RECOMMENDATION
That the City Council approve and authorize the following for a total of $3,022,339 in Project funds for Project No. 173102:
1. The Mayor to execute Agreement A-8480 with Taft Electric Company in the amount of $2,518,615.46 for the Project;
2. A Project contingency amount of $251,861;
3. A Project allocation amount of $251,861 for engineering, inspection, survey and project management; and
4. A budget appropriation of $92,050 from Federal Transportation Grant Fund (275); and a budget reallocation of $1,000,000 within the Capital Outlay Fund (301) and a budget reallocation of $424,591 within the Circulation System Improvement Fees Fund (354) both from the Traffic Signal Modernization Project 203106.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Wanu2qd5Nmg
BACKGROUND
This Project is funded in part by $1,482,390 of Federal Grant Funds (design and construction phases), Caltrans Project No. HSIPL-5129(093), and includes traffic signal improvements at five intersections along Oxnard Boulevard and Saviers Road including:
1. Oxnard Boulevard at Fifth Street
2. Saviers Road at Elm
3. Bryce Canyon
4. Bard Road
5. Pleasant Valley Road
Work includes upgraded signal poles, mast arms, signal heads, protected left-turn phasing, LED lighting, detection loops, ADA curb ramps, and appurtenant signage and striping to improve pedestrian and traffic flow and safety.
Capital Improvement Program (CIP) Reference
Project No. 173102, the Oxnard Saviers Traffic Signal Improvements Project (5 Signals), Specification No. PW 19-97 - CIP 2021-2026 - Adopted May 18, 2021 – Page 111.
188
Project No. 203106, the Traffic Signal Modernization Project, CIP 2022-2027 - Adopted May 3, 2022, Page 78.
DISCUSSION
The specific work for this Project includes removal of existing out-dated traffic signal equipment and placement of new traffic signal poles, signal heads, signal controllers, demolition of existing asphalt concrete and concrete pavement, new concrete pavement, and restoration of asphalt concrete pavement to prepare roadway for intersection improvement, curb, gutter, sidewalk, signing, striping, and all other appurtenant and associated work in accordance with the Contract Documents. This work benefits the City by enhancing circulation and mobility in the intersections, improving intersection visibility with enhanced lighting, and improving pedestrian facilities through updated crosswalk striping and updating to ADA compliant curb ramps.
The work is tentatively scheduled to begin in early August and continue into the Fall (90 working days). Traffic signal poles and equipment typically have extensive procurement periods due to limited manufacturers and material shortages.
Staff will work closely with the Five Points North East, Wilson, Hobson Park East, Kamala Durley, Cal Gisler Black Stock, Bryce Canyon, Pleasant Valley Estates and Village, Southwinds, and Cypress Neighborhood Council to keep them informed of the schedule and will also work closely with nearby schools, Gold Coast Transit District for any bus stop or route impacts, and residents directly impacted by the work to keep them informed of the project schedule. General project information will be disseminated to help keep the public informed as well.
The notice inviting formal bids (NIFB) on the Project was published on March 17, 2022, and all bids were due and opened on May 19, 2022. The City received only one bid. The sole bid received was from Taft Electric Company in the amount of $2,518,615.46.
The bid from Taft Electric Company is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Taft Electric Company and its subcontractors. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR).
Staff also received approval from Caltrans to award to a sole bidder through a Cost Effectiveness Public Interest Finding determination. Caltrans concurred that a re-bid could increase the cost and would add several months to project delivery with no assurance that the City will receive additional bidders. Since this is a safety project, funded with a Highway Safety Improvement Program grant, which is subject to timely use of funds, Caltrans approves the recommendation to award to the sole responsive bidder.
Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the Agreement for this Project to Taft Electric Company.
In addition to the construction amount noted above, a 10% project contingency of $251,861 and 10% engineering service and staff time of $251,861 are necessary to perform inspection, survey, labor compliance, and project management, for a project total of $3,022,339.
The bids are higher than the original engineer’s estimate, which staff attributes to two major factors: 1) market increases for both material and labor from the post-pandemic revival and the recovering economy and 2) supply chain shortages, especially for steel-made traffic signal equipment. In addition, the influx of transportation funding through State Senate Bill 1 continues to increase projects moving into construction resulting in higher demand, which is a natural bid- environment change when a significant amount of Federal/State funding is available. Staff recommends awarding the contract given the benefits the project will have on the general circulation and enhanced mobility at these busy intersections.
In order to fund the project as bid, Staff is recommending $1,424,591 be reallocated from CIP project 203106, which intends to replace aging infrastructure to maintain system reliability and compatibility with future traffic signal technologies. Phasing for this project is priority-based each year. Locations for FY 22-23 have not yet been identified, 189
therefore there is no decrease in scope for the Traffic Signal Modernization project. Shifting funds from project 203106 allows the City to fully fund project 173102, which has a total of $1.4m of grant funding in both design and construction phases. If the grant-funded project does not proceed, those funds will be lost.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total estimated cost for this Project is $3,022,339 which includes the construction agreement A-8480 with Taft Electric Company for $2,518,615.46, $251,861 in contingency funds and $251,861 in EISPM funds. The Oxnard Saviers Traffic Signal Modifications (5 Signals) Project No. 173102 is currently funded from the Circulation System Improvement Fees Fund (354) and the Federal Transportation Grant Fund (275) with a total project budget balance of approximately $1,505,698. After council approval of the budget appropriation of $92,050 from the Federal Transportation Grant Revenue Fund (275) and budget reallocation from the Traffic Signal Modernization Project 203106 of $424,591 from the Circulation System Improvement Fees Fund (354) and $1,000,000 from the Capital Outlay Fund (301), the total amount available for this project is approximately $3,022,339.
COMMITTEE OUTCOME
This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program.
Prepared by: Tatiana Arnaout, City Engineer
ATTACHMENTS
1. A-8480
2. Budget Appropriation
3. Presentation
190
Agreement No. A-8480
1 CONTRACT
CITY OF OXNARD CONTRACT FOR
OXNARD SAVIERS TRAFFIC SIGNAL IMPROVEMENTS
SPECIFICATION NO. PW 19-97, FEDERAL PROJECT NO. HSIPL-5129(093)
THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 20___ (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and TAFT ELECTRIC COMPANY (“Contractor”). Contractor’s license number is 772245.
In consideration of the covenants set forth herein, the parties hereto agree as follows:
1. Incorporation. The Contract consists of all Contract Documents, which shall include the Notice Inviting Bids, Instructions to Bidders, General Provisions, Grant and Federal Provisions including Form FHWA-1273 (attached hereto as “Exhibit B” and incorporated herein by this reference) and the Davis-Bacon Wage Determination (attached hereto as “Exhibit C” and incorporated herein by this reference), the Special Provisions, Plans, Standard Plans, Greenbook, Reference Specifications, Bid (including documentation accompanying the Bid and post-Bid documentation submitted before the not ice of award), insurance documentation, Bonds, the City business license, permits from regulatory agencies, Addenda, Change Orders and Supplemental Agreements. These documents are incorporated herein by reference.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the Project identified as the Oxnard Saviers Tra ffic Signal Improvements, Specification No. PW 19-97, Federal Project No. HSIPL-5129(093) (“Project”), as described in this Contract and in the incorporated Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of two million, five hundred eighteen thousand, six hundred fifteen dollars and 46 cents ($2,518,615.46) in acco rdance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.
4. Antitrust Claims. In entering into this Contract, Contractor assigns to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Section 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
5. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply. Copies of the preva iling rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file with the Project Coordinator at City Hall and will be made av ailable to any interested party on request.
Contractor and all Subcontractors are not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.
6. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signi ng this Contract, the Contractor certifies as 191
Agreement No. A-8480
2 follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
7. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
8. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
9. Entire Agreement. This Contract, including all incorporated documents, constitutes the entire agreement between the parties hereto with respect to the Project, and supersedes all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the parties regarding the subject matter.
10. Amendment. No Contract modification, amendm ent or supplement to this Contract other than Change Orders will be binding unless written and signed by the parties’ duly authorized representatives.
11. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract tran smitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes.
[signatures on following page]
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Agreement No. A-8480
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.
CITY OF OXNARD TAFT ELECTRIC COMPANY
John C. Zaragoza, Mayor1 Date James Marsh, President 2 Date Alexander Nguyen, City Manager
Purchasing Manager
[ n a m e ] , B u y e r
Carol Smith, Corporate Secretary Date
A T T E S T :
Rose Chaparro, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $25,000 annually.
2 The City requires the following for any contract:
For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
For an LLC, the signatures of at least two managers of the LLC (company directors, not lower‐level managers); or For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different structure, or if the above‐listed persons are not the appropriate signers, please submit to the City Attorney legally‐binding documentation stating who can sign and bind your company.
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Agreement No. A-8480
4 Bond No. __________
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to TAFT ELECTRIC COMPANY, 1694 Eastman Avenue, Ventura, CA 93003 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as OXNARD SAVIERS TRAFFIC SIGNAL IMPROVEMENTS, SPECIFICATION NO. PW 19-97, FEDERAL PROJECT NO. HSIPL- 5129(093).
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of any Work, to file a good and sufficient Payment Bond with the Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Two Million, Five Hundred Eighteen Thousand, Six Hundred Fifteen and 46/100 Dollars ($2,518,615.46), this amount being not less than a hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to 194
Agreement No. A-8480
5 Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, t he Surety hereby waives California Civil Code 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its: __________________________
By:
Its: __________________________
(Seal)
“Surety”
By:
Its: __________________________
By:
Its: __________________________
(Seal)
Notes: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person si gning as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of t he Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
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Agreement No. A-8480
6 Bond No. __________
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to TAFT ELECTRIC COMPANY, 1694 Eastman Avenue, Ventura, CA 93003 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as OXNARD SAVIERS TRAFFIC SIGNAL IMPROVEMENTS SPECIFICATION NO. PW 19-97, FEDERAL PROJECT NO. HSIPL- 5129(093).
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of Two Million, Five Hundred Eighteen Thousand, Six Hundred Fifteen and 46/100 Dollars ($2,518,615.46), this amount being not less than a hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS S UCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successo rs or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, 196
Agreement No. A-8480
7 extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. Surety hereby waives Califor nia Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
D a t e d :
“Principal”
By:
Its: __________________________
By:
Its: __________________________
(Seal)
“Surety”
By:
Its: _________________________
By:
Its: _________________________
(Seal)
Notes: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of t he Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
197
Agreement No. A-8480
EXHIBIT A - 1
EXHIBIT A
198
Agreement No. A-8480
EXHIBIT A - 2
199
Agreement No. A-8480
EXHIBIT A - 3
200
Agreement No. A-8480
EXHIBIT B - 1
EXHIBIT B
Form FHWA-1273
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety
Standards Act Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway
Projects
IX. Implementation of Clean Air Act and
Federal Water Pollution Control Act
X. Compliance with Government-wide
Suspension and Debarment Requirements
XI. Certification Regarding Use of Contract
Funds for Lobbying
ATTACHMENTS
A. Employment and Materials Preference
for Appalachian Development Highway
System or Appalachian Local Access Road
Contracts (included in Appalachian
contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically
incorporated in each construction contract
funded under Title 23 (excluding emergency
contracts solely intended for debris
removal). The contractor (or subcontractor)
must insert this form in each subcontract
and further require its inclusion in all lower
tier subcontracts (excluding purchase
orders, rental agreements and other
agreements for supplies or services).
The applicable requirements of Form
FHWA-1273 are incorporated by reference
for Work done under any purchase order,
rental agreement or agreement for other
services. The Contractor shall be
responsible for compliance by any
subcontractor, lower-tier subcontractor or
service provider.
Form FHWA-1273 must be included in all
Federal-aid design-build contracts, in all
subcontracts and in lower tier subcontracts
(excluding subcontracts for design services,
purchase orders, rental agreements and
other agreements for supplies or services).
The design-builder shall be responsible for
compliance by any subcontractor, lower-tier
subcontractor or service provider.
Contracting agencies may reference Form
FHWA-1273 in Bid proposal or request for
proposal documents, however, the Form
FHWA-1273 must be physically
incorporated (not referenced) in all
contracts, subcontracts and lower-tier
subcontracts (excluding purchase orders,
rental agreements and other agreements for
supplies or services related to a
construction contract).
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.
3. A breach of any of the stipulations
contained in these Required Contract
Provisions may be sufficient grounds for
withholding of progress payments,
withholding of final payment, termination of
the Contract, suspension / debarment or
any other action determined to be
appropriate by the contracting agency and
FHWA.
4. Selection of Labor: During the
performance of this Contract, the Contractor
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Agreement No. A-8480
EXHIBIT B - 2
shall not use convict labor for any purpose
within the limits of a construction project on
a Federal-aid highway unless it is labor
performed by convicts who are on parole,
supervised release, or probation. The term
Federal-aid highway does not include
roadways functionally classified as local
roads or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this Section related to 23
CFR Part 230 are applicable to all federal-
aid construction contracts and to all related
construction subcontracts of $10,000 or
more. The provisions of 23 CFR Part 230
are not applicable to material supply,
engineering, or architectural service
contracts.
In addition, the Contractor and all
Subcontractors must comply with the
following policies: Executive Order 11246,
41 CFR 60, 29 CFR 1625-1627, Title 23
USC Section 140, the Rehabilitation Act of
1973, as amended (29 USC 794), Title VI of
the Civil Rights Act of 1964, as amended,
and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200,
230, and 633.
The Contractor and all Subcontractors must
comply with: the requirements of the Equal
Opportunity Clause in 41 CFR 60-1.4(b)
and, for all construction contracts exceeding
$10,000, the Standard Federal Equal
Employment Opportunity Construction
Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has
exclusive authority to determine compliance
with Executive Order 11246 and the policies
of the Secretary of Labor including 41 CFR
60, and 29 CFR 1625-1627. The contracting
agency and the FHWA have the authority
and the responsibility to ensure compliance
with Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29
USC 794), and Title VI of the Civil Rights
Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26
and 27; and 23 CFR Parts 200, 230, and
633.
The following provision is adopted from 23
CFR 230, Appendix A, with appropriate
revisions to conform to the U.S. Department
of Labor (US DOL) and FHWA
requirements.
1. Equal Employment Opportunity: Equal
employment opportunity (EEO)
requirements not to discriminate and to take
affirmative action to assure equal
opportunity as set forth under laws,
executive orders, rules, regulations (28 CFR
35, 29 CFR 1630, 29 CFR 1625-1627, 41
CFR 60 and 49 CFR 27) and orders of the
Secretary of Labor as modified by the
provisions prescribed herein, and imposed
pursuant to 23 U.S.C. 140 shall constitute
the EEO and specific affirmative action
standards for the contractor's Project
activities under this Contract. The provisions
of the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq .) set forth
under 28 CFR 35 and 29 CFR 1630 are
incorporated by reference in this Contract.
In the execution of this Contract, the
Contractor agrees to comply with the
following minimum specific requirement
activities of EEO:
a. The Contractor will work with the
contracting agency and the Federal
Government to ensure that it has made
every good faith effort to provide equal
opportunity with respect to all of its terms
and conditions of employment and in their
review of activities under the Contract.
b. The Contractor will accept as its
operating policy the following statement:
“It is the policy of this Company to
assure that applicants are employed,
and that employees are treated
during employment, without regard
to their race, religion, sex, color,
national origin, age or disability.
Such action shall include:
employment, upgrading, demotion,
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Agreement No. A-8480
EXHIBIT B - 3
or transfer; recruitment or
recruitment advertising; layoff or
termination; rates of pay or other
forms of compensation; and
selection for training, including
apprenticeship, pre-apprenticeship,
and/or on-the-job training.”
2. EEO Officer: The Contractor will
designate and make known to the
contracting officers an EEO Officer who will
have the responsibility for and must be
capable of effectively administering and
promoting an active EEO program and who
must be assigned adequate authority and
responsibility to do so
3. Dissemination of Policy: All members of
the Contractor’s staff who are authorized to
hire, supervise, promote, and discharge
employees, or who recommend such action,
or who are substantially involved in such
action, will be made fully cognizant of, and
will implement, the Contractor's EEO policy
and contractual responsibilities to provide
EEO in each grade and classification of
employment. To ensure that the above
agreement will be met, the following actions
will be taken as a minimum:
a. Periodic meetings of supervisory and
personnel office employees will be
conducted before the start of Work and then
not less often than once every six (6)
months, at which time the Contractor's EEO
policy and its implementation will be
reviewed and explained. The meetings will
be conducted by the EEO Officer.
b. All new supervisory or personnel office
employees will be given a thorough
indoctrination by the EEO Officer, covering
all major aspects of the Contractor's EEO
obligations within thirty (30) days following
their reporting for duty with the Contractor.
c. All personnel who are engaged in direct
recruitment for the Project will be instructed
by the EEO Officer in the Contractor's
procedures for locating and hiring minorities
and women.
d. Notices and posters setting forth the
Contractor's EEO policy will be placed in
areas readily accessible to employees,
applicants for employment and potential
employees.
e. The Contractor's EEO policy and the
procedures to implement such policy will be
brought to the attention of employees by
means of meetings, employee handbooks,
or other appropriate means.
4. Recruitment: When advertising for
employees, the Contractor will include in all
advertisements for employees the notation:
"An Equal Opportunity Employer." All such
advertisements will be placed in
publications having a large circulation
among minorities and women in the area
from which the Project work force would
normally be derived.
a. The Contractor will, unless precluded by
a valid bargaining agreement, conduct
systematic and direct recruitment through
public and private employee referral
sources likely to yield qualified minorities
and women. To meet this requirement, the
Contractor will identify sources of potential
minority group employees, and establish
with such identified sources procedures
whereby minority and women applicants
may be referred to the Contractor for
employment consideration.
b. In the event the Contractor has a valid
bargaining agreement providing for
exclusive hiring hall referrals, the Contractor
is expected to observe the provisions of that
agreement to the extent that the system
meets the Contractor's compliance with
EEO contract provisions. Where
implementation of such an agreement has
the effect of discriminating against
minorities or women, or obligates the
Contractor to do the same, such
implementation violates federal
nondiscrimination provisions.
c. The Contractor will encourage its present
employees to refer minorities and women as
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applicants for employment. Information and
procedures with regard to referring such
applicants will be discussed with
employees.
5. Personnel Actions: Wages, working
conditions, and employee benefits shall be
established and administered, and
personnel actions of every type, including
hiring, upgrading, promotion, transfer,
demotion, layoff, and termination, shall be
taken without regard to race, color, religion,
sex, national origin, age or disability. The
following procedures shall be followed:
a. The Contractor will conduct periodic
inspections of Project sites to insure that
working conditions and employee facilities
do not indicate discriminatory treatment of
Project site personnel.
b. The Contractor will periodically evaluate
the spread of wages paid within each
classification to determine any evidence of
discriminatory wage practices.
c. The Contractor will periodically review
selected personnel actions in depth to
determine whether there is evidence of
discrimination. Where evidence is found, the
Contractor will promptly take corrective
action. If the review indicates that the
discrimination may extend beyond the
actions reviewed, such corrective action
shall include all affected persons.
d. The Contractor will promptly investigate
all complaints of alleged discrimination
made to the Contractor in connection with
its obligations under this Contract, will
attempt to resolve such complaints, and will
take appropriate corrective action within a
reasonable time. If the investigation
indicates that the discrimination may affect
persons other than the complainant, such
corrective action shall include such other
persons. Upon completion of each
investigation, the Contractor will inform
every complainant of all of their avenues of
appeal.
6. Training and Promotion:
a. The Contractor will assist in locating,
qualifying, and increasing the skills of
minorities and women who are applicants
for employment or current employees. Such
efforts should be aimed at developing full
journey level status employees in the type
of trade or job classification involved.
b. Consistent with the Contractor's work
force requirements and as permissible
under federal and State regulations, the
Contractor shall make full use of training
programs, i.e., apprenticeship, and on-the-
job training programs for the geographical
area of Contract performance. In the event
a special provision for training is provided
under this Contract, this subparagraph will
be superseded as indicated in the special
provision. The City may reserve training
positions for persons who receive welfare
assistance in accordance with 23 U.S.C.
140(a).
c. The Contractor will advise employees and
applicants for employment of available
training programs and entrance
requirements for each.
d. The Contractor will periodically review the
training and promotion potential of
employees who are minorities and women
and will encourage eligible employees to
apply for such training and promotion.
7. Unions: If the Contractor relies in whole
or in part upon unions as a source of
employees, the Contractor will use good
faith efforts to obtain the cooperation of
such unions to increase opportunities for
minorities and women. Actions by the
Contractor, either directly or through a
Contractor's association acting as agent,
will include the procedures set forth below:
a. The Contractor will use good faith efforts
to develop, in cooperation with the unions,
joint training programs aimed toward
qualifying more minorities and women for
membership in the unions and increasing
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EXHIBIT B - 5
the skills of minorities and women so that
they may qualify for higher paying
employment.
b. The Contractor will use good faith efforts
to incorporate an EEO clause into each
union agreement to the end that such union
will be contractually bound to refer
applicants without regard to their race,
color, religion, sex, national origin, age or
disability.
c. The Contractor is to obtain information as
to the referral practices and policies of the
labor union except that to the extent such
information is within the exclusive
possession of the labor union and such
labor union refuses to furnish such
information to the Contractor, the Contractor
shall so certify to the contracting agency
and shall set forth what efforts have been
made to obtain such information.
d. In the event the union is unable to
provide the Contractor with a reasonable
flow of referrals within the time limit set forth
in the collective bargaining agreement, the
Contractor will, through independent
recruitment efforts, fill the employment
vacancies without regard to race, color,
religion, sex, national origin, age or
disability; making full efforts to obtain
qualified and/or qualifiable minorities and
women. The failure of a union to provide
sufficient referrals (even though it is
obligated to provide exclusive referrals
under the terms of a collective bargaining
agreement) does not relieve the Contractor
from the requirements of this paragraph. In
the event the union referral practice
prevents the Contractor from meeting the
obligations pursuant to Executive Order
11246, as amended, and these special
provisions, such Contractor shall
immediately notify the contracting agency.
8. Reasonable Accommodation for
Applicants / Employees with Disabilities:
The Contractor must be familiar with the
requirements for and comply with the
Americans with Disabilities Act and all rules
and regulations established there under.
Employers must provide reasonable
accommodation in all employment activities
unless to do so would cause an undue
hardship.
9. Selection of Subcontractors, Procurement
of Materials and Leasing of Equipment: The
Contractor shall not discriminate on the
grounds of race, color, religion, sex, national
origin, age or disability in the selection and
retention of Subcontractors, including
procurement of materials and leases of
equipment. The Contractor shall take all
necessary and reasonable steps to ensure
nondiscrimination in the administration of
this Contract.
a. The Contractor shall notify all potential
Subcontractors and suppliers and lessors of
their EEO obligations under this Contract.
b. The Contractor will use good faith efforts
to ensure Subcontractor compliance with
their EEO obligations.
10. Assurance Required by 49 CFR
26.13(b):
a. The requirements of 49 CFR Part 26 and
the State DOT’s U.S. DOT-approved DBE
program are incorporated by reference.
b. The Contractor or Subcontractor shall not
discriminate on the basis of race, color,
national origin, or sex in the performance of
this Contract. The Contractor shall carry out
applicable requirements of 49 CFR Part 26
in the award and administration of DOT-
assisted contracts. Failure by the Contractor
to carry out these requirements is a material
breach of this Contract, which may result in
the termination of this Contract or such
other remedy as the contracting agency
deems appropriate.
11. Records and Reports: The Contractor
shall keep such records as necessary to
document compliance with the EEO
requirements. Such records shall be
retained for a period of three (3) years
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EXHIBIT B - 6
following the date of the final payment to the
Contractor for all Contract Work and shall
be available at reasonable times and places
for inspection by authorized representatives
of the contracting agency and the FHWA.
a. The records kept by the Contractor shall
document the following:
(1) The number and Work hours of minority
and non-minority group members and
women employed in each Work
classification on the Project;
(2) The progress and efforts being made in
cooperation with unions, when applicable, to
increase employment opportunities for
minorities and women; and
(3) The progress and efforts being made in
locating, hiring, training, qualifying, and
upgrading minorities and women;
b. The Contractors and Subcontractors will
submit an annual report to the contracting
agency each July for the duration of the
Project, indicating the number of minority,
women, and non-minority group employees
currently engaged in each Work
classification required by the Contract Work.
This information is to be reported on Form
FHWA-1391. The staffing data should
represent the Project work force on board in
all or any part of the last payroll period
preceding the end of July. If on-the-job
training is being required by special
provision, the Contractor will be required to
collect and report training data. The
employment data should reflect the work
force on board during all or any part of the
last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-
aid construction contracts and to all related
construction subcontracts of $10,000 or
more.
The Contractor must ensure that facilities
provided for employees are provided in
such a manner that segregation on the
basis of race, color, religion, sex, or national
origin cannot result. The Contractor may
neither require such segregated use by
written or oral policies nor tolerate such use
by employee custom. The Contractor's
obligation extends further to ensure that its
employees are not assigned to perform their
services at any location, under the
Contractor's control, where the facilities are
segregated. The term "facilities" includes
waiting rooms, Work areas, restaurants and
other eating areas, time clocks, restrooms,
washrooms, locker rooms, and other
storage or dressing areas, parking lots,
drinking fountains, recreation or
entertainment areas, transportation, and
housing provided for employees. The
Contractor shall provide separate or single-
user restrooms and necessary dressing or
sleeping areas to assure privacy between
sexes.
IV. DAVIS-BACON AND RELATED ACT
PROVISIONS
This Section is applicable to all Federal-aid
construction projects exceeding $2,000 and
to all related subcontracts and lower-tier
subcontracts (regardless of subcontract
size). The requirements apply to all projects
located within the right-of-way of a roadway
that is functionally classified as Federal-aid
highway. This excludes roadways
functionally classified as local roads or rural
minor collectors, which are exempt.
Contracting agencies may elect to apply
these requirements to other projects.
The following provisions are from the U.S.
Department of Labor regulations in 29 CFR
5.5 “Contract provisions and related
matters” with minor revisions to conform to
the FHWA-1273 format and FHWA program
requirements.
1. Minimum wages
a. All laborers and mechanics employed or
working upon the site of the Work, will be
paid unconditionally and not less often than
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Agreement No. A-8480
EXHIBIT B - 7
once a week, and without subsequent
deduction or rebate on any account (except
such payroll deductions as are permitted by
regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)),
the full amount of wages and bona fide
fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates
not less than those contained in the wage
determination of the Secretary of Labor
which is attached hereto and made a part
hereof, regardless of any contractual
relationship which may be alleged to exist
between the Contractor and such laborers
and mechanics.
Contributions made or costs reasonably
anticipated for bona fide fringe benefits
under Section 1(b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are
considered wages paid to such laborers or
mechanics, subject to the provisions of
paragraph 1.d. of this Section; also, regular
contributions made or costs incurred for
more than a weekly period (but not less
often than quarterly) under plans, funds, or
programs which cover the particular weekly
period, are deemed to be constructively
made or incurred during such weekly
period. Such laborers and mechanics shall
be paid the appropriate wage rate and
fringe benefits on the wage determination
for the classification of Work actually
performed, without regard to skill, except as
provided in 29 CFR 5.5(a)(4). Laborers or
mechanics performing Work in more than
one classification may be compensated at
the rate specified for each classification for
the time actually worked therein: Provided,
that the employer's payroll records
accurately set forth the time spent in each
classification in which Work is performed.
The wage determination (including any
additional classification and wage rates
conformed under paragraph 1.b. of this
Section) and the Davis-Bacon poster (WH–
1321) shall be posted at all times by the
Contractor and its Subcontractors at the site
of the Work in a prominent and accessible
place where it can be easily seen by the
workers.
b. (1) The contracting officer shall require
that any class of laborers or mechanics,
including helpers, which is not listed in the
wage determination and which is to be
employed under the Contract shall be
classified in conformance with the wage
determination. The contracting officer shall
approve an additional classification and
wage rate and fringe benefits therefore only
when the following criteria have been met:
(i) The Work to be performed by the
classification requested is not performed by
a classification in the wage determination;
and
(ii) The classification is utilized in the area
by the construction industry; and
(iii) The proposed wage rate, including any
bona fide fringe benefits, bears a
reasonable relationship to the wage rates
contained in the wage determination.
(2) If the Contractor and the laborers and
mechanics to be employed in the
classification (if known), or their
representatives, and the contracting officer
agree on the classification and wage rate
(including the amount designated for fringe
benefits where appropriate), a report of the
action taken shall be sent by the contracting
officer to the Administrator of the Wage and
Hour Division, Employment Standards
Administration, 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.
(3) In the event the Contractor, the laborers
or mechanics to be employed in the
classification or their representatives, and
the contracting officer do not agree on the
proposed classification and wage rate
(including the amount designated for fringe
benefits, where appropriate), the contracting
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Agreement No. A-8480
EXHIBIT B - 8
officer shall refer the questions, including
the views of all interested parties and the
recommendation of the contracting officer,
to the Wage and Hour Administrator for
determination. The Wage and Hour
Administrator, or an authorized
representative, will issue a determination
within 30 days of receipt and so advise the
contracting officer or will notify the
contracting officer within the 30-day period
that additional time is necessary.
(4) The wage rate (including fringe benefits
where appropriate) determined pursuant to
paragraphs 1.b.(2) or 1.b.(3) of this Section,
shall be paid to all workers performing Work
in the classification under this Contract from
the first day on which Work is performed in
the classification.
c. Whenever the minimum wage rate
prescribed in the Contract for a class of
laborers or mechanics includes a fringe
benefit which is not expressed as an hourly
rate, the Contractor shall either pay the
benefit as stated in the wage determination
or shall pay another bona fide fringe benefit
or an hourly cash equivalent thereof.
d. If the Contractor does not make
payments to a trustee or other third person,
the Contractor may consider as part of the
wages of any laborer or mechanic the
amount of any costs reasonably anticipated
in providing bona fide fringe benefits under
a plan or program, Provided, That the
Secretary of Labor has found, upon the
written request of the Contractor, that the
applicable standards of the Davis-Bacon Act
have been met. The Secretary of Labor may
require the Contractor to set aside in a
separate account assets for the meeting of
obligations under the plan or program.
2. Withholding
The contracting agency shall upon its own
action or upon written request of an
authorized representative of the Department
of Labor, withhold or cause to be withheld
from the Contractor under this Contract, or
any other Federal contract with the same
Contractor, or any other federally-assisted
contract subject to Davis-Bacon prevailing
wage requirements, which is held by the
same Contractor, so much of the accrued
payments or advances as may be
considered necessary to pay laborers and
mechanics, including apprentices, trainees,
and helpers, employed by the Contractor or
any Subcontractor the full amount of wages
required by the Contract. In the event of
failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper,
employed or working on the site of the
Work, all or part of the wages required by
the Contract, the contracting agency may,
after written notice to the Contractor, take
such action as may be necessary to cause
the suspension of any further payment,
advance, or guarantee of funds until such
violations have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating
thereto shall be maintained by the
Contractor during the course of the Work
and preserved for a period of three (3) years
thereafter for all laborers and mechanics
working at the site of the Work. Such
records shall contain the name, address,
and social security number of each such
worker, his or her correct classification,
hourly rates of wages paid (including rates
of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents
thereof of the types described in Section
1(b)(2)(B) of the Davis-Bacon Act), daily
and weekly number of hours worked,
deductions made and actual wages paid.
Whenever the Secretary of Labor has found
under 29 CFR 5.5(a)(1)(iv) that the wages
of any laborer or mechanic include the
amount of any costs reasonably anticipated
in providing benefits under a plan or
program described in Section 1(b)(2)(B) of
the Davis-Bacon Act, the Contractor shall
maintain records which show that the
commitment to provide such benefits is
enforceable, that the plan or program is
financially responsible, and that the plan or
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EXHIBIT B - 9
program has been communicated in writing
to the laborers or mechanics affected, and
records which show the costs anticipated or
the actual cost incurred in providing such
benefits. Contractors employing apprentices
or trainees under approved programs shall
maintain written evidence of the registration
of apprenticeship programs and certification
of trainee programs, the registration of the
apprentices and trainees, and the ratios and
wage rates prescribed in the applicable
programs.
b. (1) The Contractor shall submit weekly for
each week in which any Contract Work is
performed a copy of all payrolls to the
contracting agency. The payrolls submitted
shall set out accurately and completely all of
the information required to be maintained
under 29 CFR 5.5(a)(3)(i), except that full
social security numbers and home
addresses shall not be included on weekly
transmittals. Instead the payrolls shall only
need to include an individually identifying
number for each employee (e.g., the last
four digits of the employee's social security
number). The required weekly payroll
information may be submitted in any form
desired. Optional Form WH–347 is available
for this purpose from the Wage and Hour
Division Web site at
http://www.dol.gov/esa/whd/forms/wh347ins
tr.htm or its successor site. The Contractor
is responsible for the submission of copies
of payrolls by all Subcontractors.
Contractors and Subcontractors shall
maintain the full social security number and
current address of each covered worker,
and shall provide them upon request to the
contracting agency for transmission to the
State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for
purposes of an investigation or audit of
compliance with prevailing wage
requirements. It is not a violation of this
Section for a Contractor to require a
Subcontractor to provide addresses and
social security numbers to the Contractor for
its own records, without weekly submission
to the contracting agency.
(2) Each payroll submitted shall be
accompanied by a “Statement of
Compliance,” signed by the Contractor or
Subcontractor or his or her agent who pays
or supervises the payment of the persons
employed under the Contract and shall
certify the following:
(i) That the payroll for the payroll period
contains the information required to be
provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate
information is being maintained under §5.5
(a)(3)(i) of Regulations, 29 CFR part 5, and
that such information is correct and
complete;
(ii) That each laborer or mechanic (including
each helper, apprentice, and trainee)
employed on the Contract during the payroll
period has been paid the full weekly wages
earned, without rebate, either directly or
indirectly, and that no deductions have been
made either directly or indirectly from the full
wages earned, other than permissible
deductions as set forth in Regulations, 29
CFR part 3;
(iii) That each laborer or mechanic has been
paid not less than the applicable wage rates
and fringe benefits or cash equivalents for
the classification of Work performed, as
specified in the applicable wage
determination incorporated into the
Contract.
(3) The weekly submission of a properly
executed certification set forth on the
reverse side of Optional Form WH–347
shall satisfy the requirement for submission
of the “Statement of Compliance” required
by paragraph 3.b.(2) of this Section.
(4) The falsification of any of the above
certifications may subject the Contractor or
Subcontractor to civil or criminal prosecution
under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
c. The Contractor or Subcontractor shall
make the records required under paragraph
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EXHIBIT B - 10
3.a. of this Section available for inspection,
copying, or transcription by authorized
representatives of the contracting agency,
the State DOT, the FHWA, or the
Department of Labor, and shall permit such
representatives to interview employees
during working hours on the job. If the
Contractor or Subcontractor fails to submit
the required records or to make them
available, the FHWA may, after written
notice to the Contractor, the contracting
agency or the State DOT, take such action
as may be necessary to cause the
suspension of any further payment,
advance, or guarantee of funds.
Furthermore, failure to submit the required
records upon request or to make such
records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less
than the predetermined rate for the Work
they performed when they are employed
pursuant to and individually registered in a
bona fide apprenticeship program registered
with the U.S. Department of Labor,
Employment and Training Administration,
Office of Apprenticeship Training, Employer
and Labor Services, or with a State
Apprenticeship Agency recognized by the
Office, or if a person is employed in his or
her first ninety (90) days of probationary
employment as an apprentice in such an
apprenticeship program, who is not
individually registered in the program, but
who has been certified by the Office of
Apprenticeship Training, Employer and
Labor Services or a State Apprenticeship
Agency (where appropriate) to be eligible
for probationary employment as an
apprentice.
The allowable ratio of apprentices to
journeymen on the job site in any craft
classification shall not be greater than the
ratio permitted to the Contractor as to the
entire work force under the registered
program. Any worker listed on a payroll at
an apprentice wage rate, who is not
registered or otherwise employed as stated
above, shall be paid not less than the
applicable wage rate on the wage
determination for the classification of Work
actually performed. In addition, any
apprentice performing Work on the job site
in excess of the ratio permitted under the
registered program shall be paid not less
than the applicable wage rate on the wage
determination for the Work actually
performed. Where a Contractor is
performing construction on a project in a
locality other than that in which its program
is registered, the ratios and wage rates
(expressed in percentages of the
journeyman's hourly rate) specified in the
Contractor's or Subcontractor's registered
program shall be observed.
Every apprentice must be paid at not less
than the rate specified in the registered
program for the apprentice's level of
progress, expressed as a percentage of the
journeymen hourly rate specified in the
applicable wage determination. Apprentices
shall be paid fringe benefits in accordance
with the provisions of the apprenticeship
program. If the apprenticeship program
does not specify fringe benefits, apprentices
must be paid the full amount of fringe
benefits listed on the wage determination for
the applicable classification. If the
Administrator determines that a different
practice prevails for the applicable
apprentice classification, fringes shall be
paid in accordance with that determination.
In the event the Office of Apprenticeship
Training, Employer and Labor Services, or a
State Apprenticeship Agency recognized by
the Office, withdraws approval of an
apprenticeship program, the Contractor will
no longer be permitted to utilize apprentices
at less than the applicable predetermined
rate for the Work performed until an
acceptable program is approved.
b. Trainees (programs of the USDOL).
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Except as provided in 29 CFR 5.16, trainees
will not be permitted to work at less than the
predetermined rate for the Work performed
unless they are employed pursuant to and
individually registered in a program which
has received prior approval, evidenced by
formal certification by the U.S. Department
of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the
job site shall not be greater than permitted
under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than
the rate specified in the approved program
for the trainee's level of progress,
expressed as a percentage of the
journeyman hourly rate specified in the
applicable wage determination. Trainees
shall be paid fringe benefits in accordance
with the provisions of the trainee program. If
the trainee program does not mention fringe
benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage
determination unless the Administrator of
the Wage and Hour Division determines that
there is an apprenticeship program
associated with the corresponding
journeyman wage rate on the wage
determination which provides for less than
full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee
rate who is not registered and participating
in a training plan approved by the
Employment and Training Administration
shall be paid not less than the applicable
wage rate on the wage determination for the
classification of Work actually performed. In
addition, any trainee performing Work on
the Project site in excess of the ratio
permitted under the registered program
shall be paid not less than the applicable
wage rate on the wage determination for the
Work actually performed.
In the event the Employment and Training
Administration withdraws approval of a
training program, the Contractor will no
longer be permitted to utilize trainees at less
than the applicable predetermined rate for
the Work performed until an acceptable
program is approved.
c. Equal employment opportunity. The
utilization of apprentices, trainees and
journeymen under this part shall be in
conformity with the equal employment
opportunity requirements of Executive Order
11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of
the U.S. DOT).
Apprentices and trainees working under
apprenticeship and skill training programs
which have been certified by the Secretary
of Transportation as promoting EEO in
connection with Federal-aid highway
construction programs are not subject to the
requirements of paragraph 4 of this Section
IV. The straight time hourly wage rates for
apprentices and trainees under such
programs will be established by the
particular programs. The ratio of
apprentices and trainees to journeymen
shall not be greater than permitted by the
terms of the particular program.
5. Compliance with Copeland Act
requirements. The Contractor shall comply
with the requirements of 29 CFR part 3,
which are incorporated by reference in this
Contract.
6. Subcontracts. The Contractor or
Subcontractor shall insert Form FHWA-
1273 in any subcontracts and also require
the Subcontractors to include Form FHWA-
1273 in any lower tier subcontracts. The
Contractor shall be responsible for the
compliance by any Subcontractor or lower
tier Subcontractor with all the Contract
clauses in 29 CFR 5.5.
7. Contract termination: debarment. A
breach of the contract clauses in 29 CFR
5.5 may be grounds for termination of the
Contract, and for debarment as a Contractor
and a Subcontractor as provided in 29 CFR
5.12.liquidated
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8. Compliance with Davis-Bacon and
Related Act requirements. All rulings and
interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR parts 1,
3, and 5 are herein incorporated by
reference in this Contract.
9. Disputes concerning labor standards.
Disputes arising out of the labor standards
provisions of this Contract shall not be
subject to the general disputes clause of
this Contract. Such disputes shall be
resolved in accordance with the procedures
of the Department of Labor set forth in 29
CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes
between the Contractor (or any of its
Subcontractors) and the contracting agency,
the U.S. Department of Labor, or the
employees or their representatives.
10. Certification of eligibility.
a. By entering into this Contract, the
Contractor certifies that neither it (nor he or
she) nor any person or firm who has an
interest in the Contractor's firm is a person
or firm ineligible to be awarded Government
contracts by virtue of Section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this Contract shall be
subcontracted to any person or firm
ineligible for award of a Government
contract by virtue of Section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements
is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001.
V. CONTRACT WORK HOURS AND
SAFETY STANDARDS ACT
The following clauses apply to any Federal-
aid construction contract in an amount in
excess of $100,000 and subject to the
overtime provisions of the Contract Work
Hours and Safety Standards Act. These
clauses shall be inserted in addition to the
clauses required by 29 CFR 5.5(a) or 29
CFR 4.6. As used in this paragraph, the
terms laborers and mechanics include
watchmen and guards.
1. Overtime requirements. No Contractor or
Subcontractor contracting for any part of the
Contract Work which may require or involve
the employment of laborers or mechanics
shall require or permit any such laborer or
mechanic in any workweek in which he or
she is employed on such Work to work in
excess of forty hours in such workweek
unless such laborer or mechanic receives
compensation at a rate not less than one
and one-half times the basic rate of pay for
all hours worked in excess of forty (40)
hours in such workweek.
2. Violation; liability for unpaid wages;
liquidated damages. In the event of any
violation of the clause set forth in paragraph
(1.) of this Section, the Contractor and any
Subcontractor responsible therefor shall be
liable for the unpaid wages. In addition,
such Contractor and Subcontractor shall be
liable to the United States (in the case of
Work done under contract for the District of
Columbia or a territory, to such District or to
such territory), for liquidated damages. Such
liquidated damages shall be computed with
respect to each individual laborer or
mechanic, including watchmen and guards,
employed in violation of the clause set forth
in paragraph (1.) of this Section, in the sum
of $10 for each calendar day on which such
individual was required or permitted to Work
in excess of the standard workweek of forty
(40) hours without payment of the overtime
wages required by the clause set forth in
paragraph (1.) of this Section.
3. Withholding for unpaid wages and
liquidated damages. The FHWA or the
contacting agency shall upon its own action
or upon written request of an authorized
representative of the Department of Labor
withhold or cause to be withheld, from any
moneys payable on account of Work
performed by the Contractor or
Subcontractor under any such contract or
any other Federal contract with the same
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Contractor, or any other federally-assisted
contract subject to the Contract Work Hours
and Safety Standards Act, which is held by
the same Contractor, such sums as may be
determined to be necessary to satisfy any
liabilities of such Contractor or
Subcontractor for unpaid wages and
liquidated damages as provided in the
clause set forth in paragraph (2.) of this
Section.
4. Subcontracts. The Contractor or
Subcontractor shall insert in any
subcontracts the clauses set forth in
paragraph (1.) through (4.) of this Section
and also a clause requiring the
Subcontractors to include these clauses in
any lower tier subcontracts. The Contractor
shall be responsible for compliance by any
Subcontractor or lower tier Subcontractor
with the clauses set forth in paragraphs (1.)
through (4.) of this Section.
VI. SUBLETTING OR ASSIGNING THE
CONTRACT
This provision is applicable to all Federal-
aid construction contracts on the National
Highway System.
1. The Contractor shall perform with its own
organization Contract Work amounting to
not less than 30 percent (or a greater
percentage if specified elsewhere in the
contract) of the total original Contract price,
excluding any specialty items designated by
the contracting agency. Specialty items may
be performed by subcontract and the
amount of any such specialty items
performed may be deducted from the total
original Contract price before computing the
amount of Work required to be performed
by the Contractor's own organization (23
CFR 635.116).
a. The term “perform Work with its own
organization” refers to workers employed or
leased by the Contractor, and equipment
owned or rented by the Contractor, with or
without operators. Such term does not
include employees or equipment of a
Subcontractor or lower tier Subcontractor,
agents of the Contractor, or any other
assignees. The term may include payments
for the costs of hiring leased employees
from an employee leasing firm meeting all
relevant Federal and State regulatory
requirements. Leased employees may only
be included in this term if the Contractor
meets all of the following conditions:
(1) the Contractor maintains control over the
supervision of the day-to-day activities of
the leased employees;
(2) the Contractor remains responsible for
the quality of the Work of the leased
employees;
(3) the Contractor retains all power to
accept or exclude individual employees
from Work on the Project; and
(4) the Contractor remains ultimately
responsible for the payment of
predetermined minimum wages, the
submission of payrolls, statements of
compliance and all other Federal regulatory
requirements.
b. "Specialty Items" shall be construed to be
limited to work that requires highly
specialized knowledge, abilities, or
equipment not ordinarily available in the
type of contracting organizations qualified
and expected to bid or propose on the
Contract as a whole and in general are to
be limited to minor components of the
overall Contract.
2. The Contract amount upon which the
requirements set forth in paragraph (1) of
Section VI is computed includes the cost of
material and manufactured products which
are to be purchased or produced by the
Contractor under the Contract provisions.
3. The Contractor shall furnish (a) a
competent superintendent or supervisor
who is employed by the firm, has full
authority to direct performance of the Work
in accordance with the Contract
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EXHIBIT B - 14
requirements, and is in charge of all
construction operations (regardless of who
performs the Work) and (b) such other of its
own organizational resources (supervision,
management, and engineering services) as
the contracting officer determines is
necessary to assure the performance of the
Contract.
4. No portion of the Contract shall be sublet,
assigned or otherwise disposed of except
with the written consent of the contracting
officer, or authorized representative, and
such consent when given shall not be
construed to relieve the Contractor of any
responsibility for the fulfillment of the
Contract. Written consent will be given only
after the contracting agency has assured
that each subcontract is evidenced in writing
and that it contains all pertinent provisions
and requirements of the Contract.
5. The 30% self-performance requirement of
paragraph (1) is not applicable to design-
build contracts; however, contracting
agencies may establish their own self-
performance requirements.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-
aid construction contracts and to all related
subcontracts.
1. In the performance of this Contract the
Contractor shall comply with all applicable
Federal, State, and local laws governing
safety, health, and sanitation (23 CFR 635).
The Contractor shall provide all safeguards,
safety devices and protective equipment
and take any other needed actions as it
determines, or as the contracting officer
may determine, to be reasonably necessary
to protect the life and health of employees
on the job and the safety of the public and
to protect property in connection with the
performance of the Work covered by the
Contract.
2. It is a condition of this Contract, and shall
be made a condition of each subcontract,
which the Contractor enters into pursuant to
this Contract, that the Contractor and any
Subcontractor shall not permit any
employee, in performance of the Contract,
to work in surroundings or under conditions
which are unsanitary, hazardous or
dangerous to his/her health or safety, as
determined under construction safety and
health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in
accordance with Section 107 of the Contract
Work Hours and Safety Standards Act (40
U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a
condition of this Contract that the Secretary
of Labor or authorized representative
thereof, shall have right of entry to any site
of Contract performance to inspect or
investigate the matter of compliance with
the construction safety and health standards
and to carry out the duties of the Secretary
under Section 107 of the Contract Work
Hours and Safety Standards Act (40
U.S.C.3704).
VIII. FALSE STATEMENTS CONCERNING
HIGHWAY PROJECTS
This provision is applicable to all Federal-
aid construction contracts and to all related
subcontracts.
In order to assure high quality and durable
construction in conformity with approved
plans and specifications and a high degree
of reliability on statements and
representations made by engineers,
contractors, suppliers, and workers on
Federal-aid highway projects, it is essential
that all persons concerned with the Project
perform their functions as carefully,
thoroughly, and honestly as possible. Willful
falsification, distortion, or misrepresentation
with respect to any facts related to the
Project is a violation of Federal law. To
prevent any misunderstanding regarding the
seriousness of these and similar acts, Form
FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR 635)
in one or more places where it is readily
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EXHIBIT B - 15
available to all persons concerned with the
Project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or
employee of the United States, or of
any State or Territory, or whoever,
whether a person, association, firm,
or corporation, knowingly makes any
false statement, false
representation, or false report as to
the character, quality, quantity, or
cost of the material used or to be
used, or the quantity or quality of the
Work performed or to be performed,
or the cost thereof in connection with
the submission of plans, maps,
specifications, contracts, or costs of
construction on any highway or
related project submitted for
approval to the Secretary of
Transportation; or
Whoever knowingly makes any false
statement, false representation,
false report or false claim with
respect to the character, quality,
quantity, or cost of any Work
performed or to be performed, or
materials furnished or to be
furnished, in connection with the
construction of any highway or
related project approved by the
Secretary of Transportation; or
Whoever knowingly makes any false
statement or false representation as
to material fact in any statement,
certificate, or report submitted
pursuant to provisions of the
Federal-aid Roads Act approved
July 1, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this Title or
imprisoned not more than 5 years or
both."
IX. IMPLEMENTATION OF CLEAN AIR
ACT AND FEDERAL WATER POLLUTION
CONTROL ACT
This provision is applicable to all Federal-
aid construction contracts and to all related
subcontracts.
By submission of this Bid/proposal or the
execution of this Contract, or subcontract,
as appropriate, the Bidder, proposer,
federal-aid construction Contractor, or
subcontractor, as appropriate, will be
deemed to have stipulated as follows:
1. That any person who is or will be utilized
in the performance of this Contract is not
prohibited from receiving an award due to a
violation of Section 508 of the Clean Water
Act or Section 306 of the Clean Air Act.
2. That the Contractor agrees to include or
cause to be included the requirements of
paragraph (1) of this Section X in every
subcontract, and further agrees to take such
action as the contracting agency may direct
as a means of enforcing such requirements.
X. CERTIFICATION REGARDING
DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-
aid construction contracts, design-build
contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease
agreements, consultant contracts or any
other covered transaction requiring FHWA
approval or that is estimated to cost
$25,000 or more – as defined in 2 CFR
Parts 180 and 1200.
1. Instructions for Certification – First Tier
Participants:
a. By signing and submitting this proposal,
the prospective first tier participant is
providing the certification set out below.
b. The inability of a person to provide the
certification set out below will not
necessarily result in denial of participation in
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EXHIBIT B - 16
this covered transaction. The prospective
first tier participant shall submit an
explanation of why it cannot provide the
certification set out below. The certification
or explanation will be considered in
connection with the department or agency's
determination whether to enter into this
transaction. However, failure of the
prospective first tier participant to furnish a
certification or an explanation shall
disqualify such a person from participation
in this transaction.
c. The certification in this clause is a
material representation of fact upon which
reliance was placed when the contracting
agency determined to enter into this
transaction. If it is later determined that the
prospective participant knowingly rendered
an erroneous certification, in addition to
other remedies available to the Federal
Government, the contracting agency may
terminate this transaction for cause of
default.
d. The prospective first tier participant shall
provide immediate written notice to the
contracting agency to whom this proposal is
submitted if any time the prospective first
tier participant learns that its certification
was erroneous when submitted or has
become erroneous by reason of changed
circumstances.
e. The terms "covered transaction,"
"debarred," "suspended," "ineligible,"
"participant," "person," "principal," and
"voluntarily excluded," as used in this
clause, are defined in 2 CFR Parts 180 and
1200. “First Tier Covered Transactions”
refers to any covered transaction between a
grantee or subgrantee of Federal funds and
a participant (such as the prime or general
contract). “Lower Tier Covered
Transactions” refers to any covered
transaction under a First Tier Covered
Transaction (such as subcontracts). “First
Tier Participant” refers to the participant
who has entered into a covered transaction
with a grantee or subgrantee of Federal
funds (such as the Contractor). “Lower Tier
Participant” refers any participant who has
entered into a covered transaction with a
First Tier Participant or other Lower Tier
Participants (such as Subcontractors and
suppliers).
f. The prospective first tier participant
agrees by submitting this proposal that,
should the proposed covered transaction be
entered into, it shall not knowingly enter into
any lower tier covered transaction with a
person who is debarred, suspended,
declared ineligible, or voluntarily excluded
from participation in this covered
transaction, unless authorized by the
department or agency entering into this
transaction.
g. The prospective first tier participant
further agrees by submitting this proposal
that it will include the clause titled
"Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered
Transactions," provided by the department
or contracting agency, entering into this
covered transaction, without modification, in
all lower tier covered transactions and in all
solicitations for lower tier covered
transactions exceeding the $25,000
threshold.
h. A participant in a covered transaction
may rely upon a certification of a
prospective participant in a lower tier
covered transaction that is not debarred,
suspended, ineligible, or voluntarily
excluded from the covered transaction,
unless it knows that the certification is
erroneous. A participant is responsible for
ensuring that its principals are not
suspended, debarred, or otherwise ineligible
to participate in covered transactions. To
verify the eligibility of its principals, as well
as the eligibility of any lower tier prospective
participants, each participant may, but is not
required to, check the Excluded Parties List
System website (https://www.epls.gov/),
which is compiled by the General Services
Administration.
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i. Nothing contained in the foregoing shall
be construed to require the establishment of
a system of records in order to render in
good faith the certification required by this
clause. The knowledge and information of
the prospective participant is not required to
exceed that which is normally possessed by
a prudent person in the ordinary course of
business dealings.
j. Except for transactions authorized under
paragraph (f) of these instructions, if a
participant in a covered transaction
knowingly enters into a lower tier covered
transaction with a person who is
suspended, debarred, ineligible, or
voluntarily excluded from participation in this
transaction, in addition to other remedies
available to the Federal Government, the
department or agency may terminate this
transaction for cause or default.
* * * * *
2. Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion – First Tier Participants:
a. The prospective first tier participant
certifies to the best of its knowledge and
belief, that it and its principals:
(1) Are not presently debarred, suspended,
proposed for debarment, declared ineligible,
or voluntarily excluded from participating in
covered transactions by any Federal
department or agency;
(2) Have not within a three-year period
preceding this proposal been convicted of or
had a civil judgment rendered against them
for commission of fraud or a criminal
offense in connection with obtaining,
attempting to obtain, or performing a public
(federal, State or local) transaction or
contract under a public transaction; violation
of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery,
bribery, falsification or destruction of
records, making false statements, or
receiving stolen property;
(3) Are not presently indicted for or
otherwise criminally or civilly charged by a
governmental entity (Federal, State or local)
with commission of any of the offenses
enumerated in paragraph (a)(2) of this
certification; and
(4) Have not within a three-year period
preceding this application/proposal had one
or more public transactions (Federal, State
or local) terminated for cause or default.
b. Where the prospective participant is
unable to certify to any of the statements in
this certification, such prospective
participant shall attach an explanation to
this proposal.
2. Instructions for Certification - Lower Tier
Participants:
(Applicable to all subcontracts, purchase
orders and other lower tier transactions
requiring prior FHWA approval or estimated
to cost $25,000 or more - 2 CFR Parts 180
and 1200)
a. By signing and submitting this proposal,
the prospective lower tier is providing the
certification set out below.
b. The certification in this clause is a
material representation of fact upon which
reliance was placed when this transaction
was entered into. If it is later determined
that the prospective lower tier participant
knowingly rendered an erroneous
certification, in addition to other remedies
available to the Federal Government, the
department, or agency with which this
transaction originated may pursue available
remedies, including suspension and/or
debarment.
c. The prospective lower tier participant
shall provide immediate written notice to the
person to which this proposal is submitted if
at any time the prospective lower tier
participant learns that its certification was
erroneous by reason of changed
circumstances.
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d. The terms "covered transaction,"
"debarred," "suspended," "ineligible,"
"participant," "person," "principal," and
"voluntarily excluded," as used in this
clause, are defined in 2 CFR Parts 180 and
1200. You may contact the person to which
this proposal is submitted for assistance in
obtaining a copy of those regulations. “First
Tier Covered Transactions” refers to any
covered transaction between a grantee or
subgrantee of Federal funds and a
participant (such as the prime or general
contract). “Lower Tier Covered
Transactions” refers to any covered
transaction under a First Tier Covered
Transaction (such as subcontracts). “First
Tier Participant” refers to the participant
who has entered into a covered transaction
with a grantee or subgrantee of Federal
funds (such as the Contractor). “Lower Tier
Participant” refers any participant who has
entered into a covered transaction with a
First Tier Participant or other Lower Tier
Participants (such as Subcontractors and
suppliers).
e. The prospective lower tier participant
agrees by submitting this proposal that,
should the proposed covered transaction be
entered into, it shall not knowingly enter into
any lower tier covered transaction with a
person who is debarred, suspended,
declared ineligible, or voluntarily excluded
from participation in this covered
transaction, unless authorized by the
department or agency with which this
transaction originated.
f. The prospective lower tier participant
further agrees by submitting this proposal
that it will include this clause titled
"Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered
transactions and in all solicitations for lower
tier covered transactions exceeding the
$25,000 threshold.
g. A participant in a covered transaction
may rely upon a certification of a
prospective participant in a lower tier
covered transaction that is not debarred,
suspended, ineligible, or voluntarily
excluded from the covered transaction,
unless it knows that the certification is
erroneous. A participant is responsible for
ensuring that its principals are not
suspended, debarred, or otherwise ineligible
to participate in covered transactions. To
verify the eligibility of its principals, as well
as the eligibility of any lower tier prospective
participants, each participant may, but is not
required to, check the Excluded Parties List
System website (https://www.epls.gov/),
which is compiled by the General Services
Administration.
h. Nothing contained in the foregoing shall
be construed to require establishment of a
system of records in order to render in good
faith the certification required by this clause.
The knowledge and information of
participant is not required to exceed that
which is normally possessed by a prudent
person in the ordinary course of business
dealings.
i. Except for transactions authorized under
paragraph e of these instructions, if a
participant in a covered transaction
knowingly enters into a lower tier covered
transaction with a person who is
suspended, debarred, ineligible, or
voluntarily excluded from participation in this
transaction, in addition to other remedies
available to the Federal Government, the
department or agency with which this
transaction originated may pursue available
remedies, including suspension and/or
debarment.
* * * * *
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion--Lower Tier Participants:
1. The prospective lower tier participant
certifies, by submission of this proposal, that
neither it nor its principals is presently
debarred, suspended, proposed for
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EXHIBIT B - 19
debarment, declared ineligible, or voluntarily
excluded from participating in covered
transactions by any Federal department or
agency.
2. Where the prospective lower tier
participant is unable to certify to any of the
statements in this certification, such
prospective participant shall attach an
explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF
CONTRACT FUNDS FOR LOBBYING
This provision is applicable to all Federal-
aid construction contracts and to all related
subcontracts which exceed $100,000 (49
CFR 20).
1. The prospective participant certifies, by
signing and submitting this bid or proposal,
to the best of his or her knowledge and
belief, that:
a. No Federal appropriated funds have been
paid or will be paid, by or on behalf of the
undersigned, to any person for influencing
or attempting to influence an officer or
employee of any Federal agency, a Member
of Congress, an officer or employee of
Congress, or an employee of a Member of
Congress in connection with the awarding of
any federal contract, the making of any
federal grant, the making of any Federal
loan, the entering into of any cooperative
agreement, and the extension, continuation,
renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative
agreement.
b. If any funds other than federal
appropriated funds have been paid or will
be paid to any person for influencing or
attempting to influence an officer or
employee of any federal agency, a Member
of Congress, an officer or employee of
Congress, or an employee of a Member of
Congress in connection with this federal
Contract, grant, loan, or cooperative
agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance
with its instructions.
2. This certification is a material
representation of fact upon which reliance
was placed when this transaction was made
or entered into. Submission of this
certification is a prerequisite for making or
entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the
required certification shall be subject to a
civil penalty of not less than $10,000 and
not more than $100,000 for each such
failure.
3. The prospective participant also agrees
by submitting its bid or proposal that the
participant shall require that the language of
this certification be included in all lower tier
subcontracts, which exceed $100,000 and
that all such recipients shall certify and
disclose accordingly.
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FEMALE AND MINORITY GOALS (This Section originates from Caltrans Local Assistance Procedures Manual (“LAPM”) Exhibit 12-G – Required Federal-Aid Contract Language, Section 12) 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
Economic Area Goal
(Percent
)
174
Redding CA:
Non-SMSA (Standard Metropolitan Statistical Area) Counties:
CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama
6.8 175
Eureka, CA
Non-SMSA Counties:
CA Del Norte; CA Humboldt; CA Trinity
6.6 176
San Francisco-Oakland-San Jose, CA:
SMSA Counties:
7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo
7400 San Jose, CA
CA Santa Clara, CA
7485 Santa Cruz, CA
CA Sant/a Cruz
7500 Santa Rosa
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano
Non-SMSA Counties:
CA Lake; CA Mendocino; CA San Benito
28.9 25.6
19.6 14.9
9.1 17.1
23.2 177
Sacramento, CA:
SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA Yolo
Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba
16.1 14.3
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178
Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA
CA Stanislaus
8120 Stockton, CA
CA San Joaquin
Non-SMSA Counties
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne
12.3 24.3
19.8 179
Fresno-Bakersfield, CA
SMSA Counties:
0680 Bakersfield, CA
CA Kern
2840 Fresno, CA
CA Fresno
Non-SMSA Counties:
CA Kings; CA Madera; CA Tulare
19.1 26.1
23.6 180
Los Angeles, CA:
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA
CA Orange
4480 Los Angeles-Long Beach, CA
CA Los Angeles
6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
11.9 28.3
21.5 19.0
19.7 24.6
181
San Diego, CA:
SMSA Counties
7320 San Diego, CA
CA San Diego
Non-SMSA Counties
CA Imperial
16.9 18.2
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.
TITLE VI ASSURANCES (This Section originates from Caltrans Local Assistance Procedures Manual (“LAPM”) Exhibit 12-G – Required Federal-Aid Contract Language, Section 13) During the performance of this Agreement, the Contra ctor, for itself, its assignees and successors in interest (hereinafter collectively referred to as Contractor) agrees as follows:
(1) 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 221
Agreement No. A-8480
EXHIBIT B - 22
as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
(2) 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 direct ly 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.
(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotia tion made by Contractor for Work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by Contract or of the Contractor’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: Contractor shall prov ide 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 California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of C ontractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts Contractor has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of Contractor’s noncompliance with the nondiscrimination provisions of this agreement, t he California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to Contractor under the Agreement within a reasonable period of time, not to exceed ninety (90) days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: Contractor shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of ma terials 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 California Department of Transportation 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 California Department of Transportation 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.
USE OF UNITED STATES-FLAG VESSELS (This Section originates from Caltrans Local Assistance Procedures Manual (“LAPM”) Exhibit 12-G – Required Federal-Aid Contract Language, Section 14) The Contractor agrees-
222
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EXHIBIT B - 23
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 commoditi es 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 thirty (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 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.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER
THIS SECTION
TITLE VI ASSURANCES APPENDIX E
(US DOT ORDER 1050.2A)
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 nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination 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 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (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, subrecipients and contractors, whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilitie s Act, which prohibit discrimination on 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. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; 223
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EXHIBIT B - 24
The Federal Aviation Administration's Nondiscrimination 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 non- 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 Se rvices 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 seq). 224
Agreement No. A-8480
EXHIBIT C - 1
EXHIBIT C
DAVIS-BACON WAGE DECISION
"General Decision Number: CA20220015 04/29/2022
Superseded General Decision Number: CA20210015
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Ventura County in California.
BUILDING, DREDGING (does not incldue hopper dredge work), HEAVY (does not include water well drilling), AND HIGHWAY
CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).
______________________________________________________________ |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $15.00 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2022. | |______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $11.25 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2022. | |______________________________|_____________________________| 225
Agreement No. A-8480
EXHIBIT C - 2
The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at
https://www.dol.gov/agencies/whd/government-contracts.
Modification Number Publication Date
0 01/07/2022
1 01/14/2022
2 01/28/2022
3 02/25/2022
4 04/01/2022
5 04/29/2022
ASBE0005-002 09/01/2021
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 47.25 24.45 Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 32.09 19.66 ---------------------------------------------------------------- ASBE0005-004 07/05/2021
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)....$ 22.40 13.07 ---------------------------------------------------------------- BOIL0092-003 01/01/2021
226
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EXHIBIT C - 3
Rates Fringes
BOILERMAKER......................$ 46.03 38.81 ---------------------------------------------------------------- * BRCA0004-012 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 41.39 18.81
*The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate
---------------------------------------------------------------- BRCA0018-004 06/01/2021
Rates Fringes
MARBLE FINISHER..................$ 35.90 14.11 TILE FINISHER....................$ 30.47 12.52 TILE LAYER.......................$ 43.09 18.31 ---------------------------------------------------------------- * BRCA0018-010 09/01/2021
Rates Fringes
TERRAZZO FINISHER................$ 35.43 14.10 TERRAZZO WORKER/SETTER...........$ 43.61 14.63 ---------------------------------------------------------------- CARP0213-001 07/01/2021
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 51.60 16.28
(2) Millwright..............$ 52.10 16.48
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 51.73 16.28
(4) Pneumatic Nailer,
Power Stapler...............$ 51.85 16.28
(5) Sawfiler...............$ 51.69 16.28
(6) Scaffold Builder.......$ 42.80 16.28
227
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EXHIBIT C - 4
(7) Table Power Saw
Operator....................$ 51.70 16.28
FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
---------------------------------------------------------------- CARP0213-002 07/01/2021
Rates Fringes
Diver
(1) Wet.....................$ 834.40 16.28
(2) Standby.................$ 445.84 16.28
(3) Tender..................$ 437.84 16.28
(4) Assistant Tender........$ 413.84 16.28
Amounts in ""Rates' column are per day
---------------------------------------------------------------- CARP0213-004 07/01/2021
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 51.60 16.28
STOCKER/SCRAPPER............$ 22.16 8.62
---------------------------------------------------------------- CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer......$ 21.85 7.15 ---------------------------------------------------------------- ELEC0952-001 12/27/2021
Rates Fringes
Electricians: (All work
within 32 road miles from the
nearest base point)
Cable Splicer...............$ 48.13 29.55
Electrician
Transportation Systems
Technician Journeyman
Wireman - Street Lighting
& Traffic Signals..........$ 43.75 29.42
Transportation Systems
Technician - Street
Lighting & Traffic Signals..$ 32.81 29.09
228
Agreement No. A-8480
EXHIBIT C - 5
ALL WORK MORE THAN 32 ROAD MILES FROM NEAREST BASE POINT:
Add $5.00 to the basic hourly rate. BASE POINTS: the main Post Office in the cities of Camarillo, Oak View, Oxnard, Santa Paula and Ventura.
---------------------------------------------------------------- ELEC0952-003 12/27/2021
COMMUNICATIONS AND SYSTEMS WORK
Rates Fringes
Communications System
Installer...................$ 42.17 15.55
Technician..................$ 30.10 12.78
SCOPE OF WORK:
Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational,
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 systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings.
Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above
listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function;
excluding all other data systems or multiple systems which include control function or power supply; excluding
installation of raceway systems, conduit systems, line
voltage work, and energy management systems. Does not
cover work performed at China Lake Naval Ordnance Test
Station. Fire alarm work shall be performed at the current inside wireman total cost package.
---------------------------------------------------------------- ELEV0018-001 01/01/2022
Rates Fringes
ELEVATOR MECHANIC................$ 61.34 36.885+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
229
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EXHIBIT C - 6
---------------------------------------------------------------- ENGI0012-003 07/01/2020
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 48.25 27.20
GROUP 2....................$ 49.03 27.20
GROUP 3....................$ 49.32 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 48.96 25.25
GROUP 6....................$ 51.03 27.20
GROUP 8....................$ 51.14 27.20
GROUP 9....................$ 49.29 25.25
GROUP 10....................$ 51.26 27.20
GROUP 11....................$ 49.41 25.25
GROUP 12....................$ 51.43 27.20
GROUP 13....................$ 51.53 27.20
GROUP 14....................$ 51.56 27.20
GROUP 15....................$ 51.64 27.20
GROUP 16....................$ 51.76 27.20
GROUP 17....................$ 51.93 27.20
GROUP 18....................$ 52.03 27.20
GROUP 19....................$ 52.14 27.20
GROUP 20....................$ 52.26 27.20
GROUP 21....................$ 52.43 27.20
GROUP 22....................$ 52.53 27.20
GROUP 23....................$ 52.64 27.20
GROUP 24....................$ 52.76 27.20
GROUP 25....................$ 52.93 27.20
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 49.60 27.20
GROUP 2....................$ 50.38 27.20
GROUP 3....................$ 50.67 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 51.03 27.20
GROUP 6....................$ 51.14 27.20
GROUP 7....................$ 51.26 27.20
GROUP 8....................$ 51.43 27.20
GROUP 9....................$ 51.60 27.20
GROUP 10....................$ 52.60 27.20
GROUP 11....................$ 53.60 27.20
GROUP 12....................$ 54.60 27.20
GROUP 13....................$ 55.60 27.20
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 50.10 27.20
GROUP 2....................$ 50.88 27.20
GROUP 3....................$ 51.17 27.20
GROUP 4....................$ 51.31 27.20
230
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EXHIBIT C - 7
GROUP 5....................$ 51.53 27.20
GROUP 6....................$ 51.64 27.20
GROUP 7....................$ 51.76 27.20
PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator;
Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
231
Agreement No. A-8480
EXHIBIT C - 8
operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck
GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and 232
Agreement No. A-8480
EXHIBIT C - 9
similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type);
Pumpcrete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck);
Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified.
GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or
233
Agreement No. A-8480
EXHIBIT C - 10
similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine, up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and 234
Agreement No. A-8480
EXHIBIT C - 11
similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
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EXHIBIT C - 12
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over 236
Agreement No. A-8480
EXHIBIT C - 13
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San
237
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Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM.
Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W.
Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of 238
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EXHIBIT C - 15
T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
---------------------------------------------------------------- ENGI0012-004 08/01/2020
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OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 56.40 30.00
(2) Dredge dozer............$ 50.43 30.00
(3) Deckmate................$ 50.32 30.00
(4) Winch operator (stern
winch on dredge)............$ 49.77 30.00
(5) Fireman-Oiler,
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Deckhand, Bargeman,
Leveehand...................$ 49.23 30.00
(6) Barge Mate..............$ 49.84 30.00
---------------------------------------------------------------- IRON0433-006 07/01/2020
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IRONWORKER
Fence Erector...............$ 34.58 24.81
Ornamental, Reinforcing
and Structural..............$ 41.00 33.45
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
---------------------------------------------------------------- LABO0300-005 03/01/2021
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Asbestos Removal Laborer.........$ 37.49 21.88
SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
---------------------------------------------------------------- LABO0345-001 07/01/2021
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240
Agreement No. A-8480
EXHIBIT C - 17
LABORER (GUNITE)
GROUP 1.....................$ 46.50 20.42
GROUP 2.....................$ 45.55 20.42
GROUP 3.....................$ 42.01 20.42
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
---------------------------------------------------------------- LABO0585-001 07/01/2020
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LABORER (TUNNEL)
GROUP 1.....................$ 42.54 21.04
GROUP 2.....................$ 42.86 21.04
GROUP 3.....................$ 43.32 21.04
GROUP 4.....................$ 44.01 21.04
LABORER
GROUP 1.....................$ 36.39 21.04
GROUP 2.....................$ 36.94 21.04
GROUP 3.....................$ 37.49 21.04
GROUP 4.....................$ 39.04 21.04
GROUP 5.....................$ 39.39 21.04
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
241
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EXHIBIT C - 18
water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower
GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete 242
Agreement No. A-8480
EXHIBIT C - 19
core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other
materials (for example, but not by way of limitation,
shotcrete, etc.)
GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work
---------------------------------------------------------------- 243
Agreement No. A-8480
EXHIBIT C - 20
LABO0585-003 07/01/2021
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Brick Tender.....................$ 35.82 20.45 ---------------------------------------------------------------- LABO1184-001 07/01/2021
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Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 38.89 17.10
(2) Vehicle Operator/Hauler.$ 39.06 17.10
(3) Horizontal Directional
Drill Operator..............$ 40.91 17.10
(4) Electronic Tracking
Locator.....................$ 42.91 17.10
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 40.10 20.12
GROUP 2.....................$ 41.40 20.12
GROUP 3.....................$ 43.41 20.12
GROUP 4.....................$ 45.15 20.12
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
244
Agreement No. A-8480
EXHIBIT C - 21
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
---------------------------------------------------------------- LABO1414-001 08/05/2020
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LABORER
PLASTER CLEAN-UP LABORER....$ 36.03 21.01
PLASTER TENDER..............$ 38.58 21.01
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0036-007 07/01/2019
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Painters:
(1) Repaint Including Lead
Abatement...................$ 25.40 15.87
(2) High Iron & Steel.......$ 32.12 16.03
(3) Journeyman Painter
including Lead Abatement....$ 30.04 16.03
(4) Industrial..............$ 34.02 16.49
(5) All other work..........$ 30.04 16.03
REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.
HIGH IRON & STEEL:
Aerial towers, towers, radio towers, smoke stacks, flag poles (any flag poles that can be finished from the ground with a ladder excluded), elevated water towers, steeples and domes in their entirety and any other extremely high and hazardous work, cooning steel, bos'n chair, or other similar devices, painting in other high hazardous work shall be classified as high iron & steel
---------------------------------------------------------------- PAIN0036-008 10/01/2021
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DRYWALL FINISHER/TAPER...........$ 43.63 22.92 ---------------------------------------------------------------- PAIN0036-015 01/01/2020
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245
Agreement No. A-8480
EXHIBIT C - 22
GLAZIER..........................$ 43.45 23.39
FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
---------------------------------------------------------------- PAIN1247-002 01/01/2021
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SOFT FLOOR LAYER.................$ 38.75 14.03 ---------------------------------------------------------------- PLAS0200-009 08/04/2021
Rates Fringes
PLASTERER........................$ 45.77 18.39 ---------------------------------------------------------------- PLAS0500-002 07/01/2020
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CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91 ---------------------------------------------------------------- PLUM0016-001 09/01/2021
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PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space.................$ 52.20 24.38
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 39.91 22.71
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 53.83 25.36
---------------------------------------------------------------- 246
Agreement No. A-8480
EXHIBIT C - 23
PLUM0345-001 09/01/2021
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PLUMBER
Landscape/Irrigation Fitter.$ 36.85 24.75
Sewer & Storm Drain Work....$ 40.94 22.13
---------------------------------------------------------------- ROOF0036-002 08/01/2021
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ROOFER...........................$ 42.07 18.92
FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay.
---------------------------------------------------------------- SFCA0669-010 04/01/2022
DOES NOT INCLUDE PORT HUENEME, PORT MUGU, THE CITY OF SANTA PAULA, AND THAT PART OF VENTURA COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES:
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SPRINKLER FITTER.................$ 43.25 26.77 (FIRE)
---------------------------------------------------------------- SFCA0709-001 01/01/2021
PORT HUENEME, PORT MUGU, THE CITY OF SANTA PAULA, AND THAT PART OF VENTURA COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES:
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SPRINKLER FITTER (Fire)..........$ 48.71 29.15 ---------------------------------------------------------------- SHEE0273-002 08/01/2019
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SHEET METAL WORKER...............$ 45.48 30.05
HOLIDAYS: New Year's Day, Martin Luther King Day, President's Day, Good Friday, Memorial Day, Indepdendence Day, Labor Day, Veterans Day,Thankisgiving Day & Friday after,
Christmas Day
247
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---------------------------------------------------------------- TEAM0011-002 07/01/2020
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TRUCK DRIVER
GROUP 1....................$ 32.59 30.59
GROUP 2....................$ 32.74 30.59
GROUP 3....................$ 32.87 30.59
GROUP 4....................$ 33.06 30.59
GROUP 5....................$ 33.09 30.59
GROUP 6....................$ 33.12 30.59
GROUP 7....................$ 33.37 30.59
GROUP 8....................$ 33.62 30.59
GROUP 9....................$ 33.82 30.59
GROUP 10....................$ 34.12 30.59
GROUP 11....................$ 34.62 30.59
GROUP 12....................$ 35.05 30.59
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of 248
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EXHIBIT C - 25
vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over
GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
---------------------------------------------------------------- 249
Agreement No. A-8480
EXHIBIT C - 26
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 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 250
Agreement No. A-8480
EXHIBIT C - 27
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 National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
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.
251
Agreement No. A-8480
EXHIBIT C - 28
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"
252
Agreement No. A-8480
EXHIBIT INS-G - 1
Exhibit INS-G
INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITHOUT BUILDER’S RISK REQUIREMENT)
1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to propert y which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.
a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount; b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must b e project specific with at least a one year extended reporting period, or longer upon request. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
2. Contractor shall, prior to performance of any services, file wi th the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-G. The certificates and endorsements for each insurance policy ar e to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to b e on the attached forms or on other forms approved by the Risk Mana ger. All certificates and endor sements are to be received and approved by the Risk Manager before work commences. City re serves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):
City of Oxnard
Insurance Compliance
Reference No. PW 19-97
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
3. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M.
Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either pa rty, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibi lity to give such notice.
4. Contractor agrees that the Commercial General Liability a nd Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-G or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).
5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed) . Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the poli cies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its Ci ty 253
Agreement No. A-8480
EXHIBIT INS-G - 2
Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
254
Agreement No. A-8480
EXHIBIT INS-G - 3
INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insuran ce exhibit identification information completed.
Improperly addressed certificates may delay the contract start-up date because the City =s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.
255
Agreement No. A-8480
EXHIBIT INS-G - 4
SAMPLE
ACORD CERTIFICATE OF INSURANCE ISSUE DATE
(MM/DD/YY)
PRODUCER
THIS CERTIFICATE IS ISSU ED AS A MATTER OF INFORMAT ION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODESUB-CODE
COMPANIES AFFORDING INSURANCE COVERAGE
INSURED
COMPANY
LETTER ASPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER
B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO D INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM ENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MA Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A
GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[ ] CLAIMS MADE [x] OCCUR.
[x] OWNER’S & CONTRACTOR’S PROT.
GENERAL AGGREGATE
$2,000,000
PRODUCTS COMP/OP AGG. $2,000,000
PERSONAL & ADV. INJURY $2,000,000
EACH OCCURRENCE $2,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A
AUTOMOBILE LIABILITY
[x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE
$1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE
$
A
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $
A
WORKERS’ COMPENSATION
AND
EMPLOYERS’ LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A
OTHER
Errors and omissions insurance or malpractice insurance available for the insured’s profession; if architectural, engineering or electrical work will be performed under the Contract
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No. PW 19-97
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
256
Agreement No. A-8480
EXHIBIT INS-G - 5
GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE
AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
CLAIMS: Underwriter=s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respect s the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured =s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany=s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organizat ion would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED=S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect covera ge provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, Aoccurrence@ form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, condition s, agreements or excl usions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No. PW 19-97
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
SAMPLE
257
Agreement No. A-8480
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following spec ific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter=s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodil y injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respect s the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured =s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany=s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organizat ion would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED =S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, Aoccurrence” form CA0001, code (Aany auto@); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or excl usions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No. PW 19-97
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
SAMPLE
258
FY 2022/23
Department: Date:
Project/Program
Manager: Phone:
Reason for Appropriation:
Accounts and Descriptions
AMOUNT
Fund: 275
Revenues/Transfers In
92,050
Sub-total Revenues 92,050
Expenditures/Transfers Out
173102 TRAFFIC SIGNAL -VAR LOCATN
92,050
Sub-total Expenditures 92,050
Net Change to Fund Balance 0
Fund: 354
Expenditures/Transfers Out
203106 TRAFFIC SIG MODERNIZATION
(424,591)
Sub-total Expenditures (424,591)
173102 TRAFFIC SIGNAL -VAR LOCATN
424,591
Sub-total Expenditures 424,591
Net Change to Fund Balance 0
Fund: 301
Expenditures/Transfers Out
203106 TRAFFIC SIG MODERNIZATION
(100,000)
(100,000)
(800,000)
Sub-total Expenditures (1,000,000)
173102 TRAFFIC SIGNAL -VAR LOCATN
1,000,000
Sub-total Expenditures 1,000,000
Net Change to Fund Balance 0
Net Appropriation Change 92,050
Approvals
Department Director
Chief Financial Officer
City Manager
354-3109-826.82-08 SERVICES CONSTRUCTION
CAPITAL OUTLAY
301-3109-826.82-08 SERVICES CONSTRUCTION
301-3109-826.82-09 SERVICES PROF CONTRACT
301-3109-826.84-51 SERVICES FROM OTHER PROGRAMS
275-3109-826.82-08 SERVICES CONSTRUCTION
CIRCULATION SYS. IMPR. FEES
301-3109-826.82-08 SERVICES CONSTRUCTION
354-3109-826.86-10 STREET RESURFACING IMPROV
Appropriate and reallocate funds to fulfill agreement A-8480 with Taft Electric Company for construction services for Traffic Signal Improvements Project 173102
FED. TRANSPORT. MY GRANTS
3109 TRAFFIC ENGR - CIP
275-3109-531.72-01 FEDERAL GRANT REVENUE
REQUEST FOR BUDGET APPROPRIATION
Public Works July 19, 2022
Giovanny Rodriguez/Debbie O'Leary 805-200-5283
REQUIRES CITY COUNCIL AUTHORIZATION
BA# (Finance Use Only)______________
BA Doc# (Finance Use Only)___________ Revised : 2/23/2012 259
AWARD AGREEMENT A-8480 TO
TAFT ELECTRIC COMPANY
FOR THE TRAFFIC SIGNAL
MODIFICATION PROJECT (5 SIGNALS)
PW 19-97
City Council
July 19, 2022
Tatiana Arnaout, PE
City Engineer
260
RECOMMENDATION
That the City Council approve and authorize the following for a total of $3,022,339 in Project funds for the Oxnard Saviers Traffic Signal Improvements Project (5 Signals), Specification No. PW 19-97 (Project No. 173102):
1. The Mayor to execute Agreement A-8480 with Taft Electric Company in the amount of $2,518,615.46 for the Project;
2. A Project contingency amount of $251,861;
3. A Project allocation amount of $251,861 for engineering, inspection, survey and project management; and
4. A budget appropriation of $92,050 from Federal Transportation Grant Fund (275), a budget reallocation of $1,000,000 within the Capital Outlay Fund (301) and a budget reallocation of $424,591 within the Circulation System Improvement Fees Fund (354) from the Traffic Signal Modernization Project 203106.
2 261
BACKGROUND
3 Project Locations Relative to City Limits
262
DISCUSSION
Traffic signal improvements will:
1) enhance vehicle circulation and mobility in the intersections; and 2) provide pedestrian improvements by updating crosswalks and existing curb ramps to meet current ADA requirements
• Work will include:
• Replacement of signal poles, mast arms, and signal heads, signal controllers
• LED luminaires
• Detection loops and cameras
• Pedestrian ADA curb ramps and crosswalks
• Signage and striping
4 263
DISCUSSION
The notice inviting formal bids (NIFB) for the project was published on March 17, 2022, with bids due on May 19, 2022.
One (1) bid was received and evaluated:
A re-bid could increase the cost and would add several months to the schedule, with no assurance that the City will receive additional bidders.
Caltrans approved awarding to a sole bidder through a Cost Effectiveness Public Interest Finding determination.
5 Taft Electric Company $2,518,615.46
264
DISCUSSION
Bids higher than the original engineer’s estimate are attributed to:
1) Market increases for both material and labor from the post-pandemic revival and the recovering economy.
2) Supply chain shortages, especially for steel-made traffic signal equipment.
3) Influx of transportation funding through State Senate Bill 1 results in higher demand, which is a natural bid-environment change when a significant amount of Federal/State funding is available. 6 265
DISCUSSION
To fund the project as bid, Staff is recommending $1,424,591 be reallocated from CIP project 203106, Traffic Signal Modernization, which is also intended to replace aging infrastructure. Utilizing funds from project 203106 allows the City to fully fund project 173102, which received $1.4m of grant funding. If the grant-funded project does not proceed, those funds will be lost.
7 Project 203106
Project 173102
266
FINANCIAL IMPACT
The total estimated cost for this Project is $3,022,339, which includes the construction agreement A-8480 with Taft Electric Company for $2,518,615.46, $251,861 in contingency funds and $251,861 in EISPM funds.
The Oxnard Saviers Traffic Signal Modifications (5 Signals) Project No. 173102 is currently funded from the Circulation System Improvement Fees Fund (354) and the Federal Transportation Grant Fund (275) with a total project budget balance of approximately $1,505,698.
After council approval of the budget appropriation of $92,050 from the Federal Transportation Grant Revenue Fund (275) and budget reallocation from the Traffic Signal Modernization Project 203106 of $424,591 from the Circulation System Improvement Fees Fund (354) and $1,000,000 from the Capital Outlay Fund (301), the total amount available for this project is approximately $3,022,339.
8 Total Available Budget after appropriation $3,022,339 267
QUESTIONS?
268
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. L.3
DATE: July 19, 2022
TO: City Council
FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected]
SUBJECT: Single-use Foodware Accessories and Standard Condiments Ordinance. (0/5/5)
RECOMMENDATION
That the City Council introduce for first reading by title only and waive further reading of an ordinance titled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING ARTICLE XXIV TO CHAPTER 7 OF THE OXNARD CITY CODE IN COMPLIANCE WITH ASSEMBLY BILL NO. 1276, TO
RESTRICT THE DISTRIBUTION OF SINGLE-USE FOODWARE ACCESSORIES AND STANDARD CONDIMENTS”
BACKGROUND
In 2018, California adopted Assembly Bill (AB) 1884 requiring full-service restaurants to provide single-use plastic straws only upon consumer request. The State expanded on this law in passing AB 1276 on October 5, 2021. Under AB 1276, food facilities shall only distribute single-use foodware such as utensils, stirrers, splash sticks, and condiment packets, in addition to plastic straws, when requested by a consumer. The law also required all local governments to authorize an agency to enforce the requirements of AB 1276 by June 1, 2022. However, lawmakers did not specify an implementation date and provided that cities may adopt additional or stricter requirements.
The proposed Ordinance adheres to the language in AB 1276 with some changes made to account for enforcement and an additional exemption for refillable self-service dispensers, defined as containers or equipment used to hold disposable foodware accessories, including standard condiments and single-use foodware, for customers to obtain at their discretion.
DISCUSSION
The Ordinance authorizes the City Manager and designees, including the City’s Code Compliance Division, within the Community Development Department, as the primary enforcement agency. The City Manager, designees, and City’s Code Compliance Division shall be responsible for issuing citations, establishing regulations or administrative procedures, and taking reasonable action to obtain compliance.
The California Legislature enacted AB 1276 with a fee schedule that differs from the City’s most recently adopted fee schedule. As dictated in AB 1276, the first and second violations will result in a notice of violation, with all subsequent violations being an infraction and subject to a twenty-five dollar ($25) fine each day the food facility remains in violation, up to a maximum three hundred dollars ($300) a year. Any fine imposed under this ordinance will conform to the City’s administrative procedures in Chapter 7, Article III of the Oxnard City Code. However, this schedule does not prevent the City from pursuing compliance using other administrative, civil, or criminal enforcement remedies. Prior to commencing enforcement, the City will develop an outreach, education and enforcement program regarding the requirements imposed by AB 1276 on food facilities in the City.
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STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
Adopting this ordinance will have little to no financial impact as enforcement officers will implement this ordinance in their normal work function and capacity. Enforcement will be on a complaint basis.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Chelsey Ballot, Deputy City Attorney
ATTACHMENTS
1. AB 1276 Ordinance_FINAL
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CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING ARTICLE XXIV TO CHAPTER 7 OF THE OXNARD CITY CODE IN COMPLIANCE WITH ASSEMBLY BILL NO. 1276, TO RESTRICT THE DISTRIBUTION OF SINGLE-USE FOODWARE
ACCESSORIES AND STANDARD CONDIMENTS
WHEREAS, plastics persist in the environment for hundreds of years, breaking down into ever smaller pieces through photo, physical, and biological degradation, and enter the food chain when ingested by animals that mistake them for food; and
WHEREAS, AB 1884, signed into law in 2018, prohibits a full-service restaurant from providing single- use plastic straws to consumers unless requested by the consumer; and WHEREAS, on October 5, 2021, California Governor, Gavin Newsom, enacted Assembly Bill (AB) 1276, which prohibits a food facility from providing without request single-use foodware or standard condiments to consumers; and
WHEREAS, to comply with AB 1276, the City of Oxnard must authorize an enforcement agency to enforce the bill; and
WHEREAS, in the near future, the City will adopt an ordinance restricting the use of expanded polystyrene (EPS) within the City of Oxnard.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS FOLLOWS:
Part 1. Chapter 7 of the Oxnard City Code is hereby amended by adding Article XXIV thereto to read as follows:
“ARTICLE XXIV. SINGLE-USE FOODWARE ACCESSORIES AND STANDARD CONDIMENTS SEC. 7-342. DEFINITIONS
For the purposes of this Article, the following words shall have the following meanings:
(A) “AB 1276” means the California State Assembly Bill regulating the distribution of single-use foodware accessories by food vendors to be made available only upon request of the consumer. The new law applies to plastic and non-plastic single-use foodware items and standard condiments. (B) “Consumer” has the same meaning as in Section 113757 of the Health and Safety Code. (C) “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code. (D) “Ready-to-eat food” has the same meaning as in Section 113881 of the Health and Safety Code. (E) “Refillable Self-service Dispenser” means a container or equipment that is used to hold disposable foodware accessories for customers to obtain at their discretion. (F) “Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.
(G) “Single-use foodware accessory” means all of the following single-use items provided alongside ready-to-eat food:
(1) Utensils, which is defined as forks, knives, spoons, sporks, and chopsticks. 271
(2) Condiment cups and packets.
(3) Straws.
(4) Stirrers.
(5) Splash sticks.
(6) Cocktail sticks.
(H) “Standard condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes. (I) “Third-party food delivery platform” has the same meaning as in Section 113930.5 of the Health and Safety Code.
SEC. 7-343. REQUIREMENTS FOR FOOD SERVICE VENDORS
(A) Except as provided in subdivisions (C) and (D), a food facility, for on-premises dining or when using a third-party food delivery platform, shall not provide any single-use foodware accessory or standard condiment packaged for single use to a consumer unless the single-use foodware accessory or standard condiment is requested by the consumer.
(B) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of
single-use foodware accessory or standard condiment.
(C) A food facility may ask a drive-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (D) A food facility that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single- use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (E) (1) A third-party food delivery platform shall provide consumers with the option to request single- use foodware accessories or standard condiments from a food facility serving ready-to-eat food. (2) If a food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu with a list of available single-use foodware accessories and standard condiments, and only those single-use foodware accessories or standard condiments selected by the consumer shall be provided by the food facility. If a consumer does not select any single-use foodware accessories or standard condiments, no single-use foodware accessory or standard condiment shall be provided by the food facility for delivery of ready-to-eat food.
(F) Nothing in this section shall prohibit a food facility from making unwrapped single-use foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use foodware accessories to be obtained. (G) Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than condiments packaged for single use.
(H) Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use foodware accessories or standard condiments to a consumer.
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(I) A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that support a goal of reducing the use of and waste generated by all single-use food service products.
SEC. 7-344. EXEMPTIONS
This article does not apply to any of the following:
(A) This article shall not apply to Refillable Self-Service Dispensers. Food Service Vendors may therefore make Standard Condiments and Single-use Foodware Accessories available for customers to obtain as needed. Food Service Vendors are encouraged to use bulk dispensers for the condiments rather than individual condiment packets.
(B) This article shall not apply to the following institutions or facilities:
(1) Correctional institutions, which has the same meaning as in Section 7502 of the Penal Code. (2) Health care facilities licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the Health and Safety Code or facilities that are owned or operated by a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code.
(3) Residential care facilities licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.
(4) Public and private school cafeterias, as referenced in paragraph (1) of subdivision (b) of Section 113789 of the Health and Safety Code.
SEC. 7-345. ENFORCEMENT AND PENALTIES
(A) The City Manager, or his/her designee, shall have primary responsibility for enforcement of this article and shall have authority to issue citation for violation of any provision of the article. The City Manager, or his/her designee, may establish regulations or administrative procedures and take any actions reasonable and necessary to further the purposes of this article or to obtain compliance with this article, including, without limitation, performing an inspection of a retail establishment’s premises to verify compliance with this article.
(B) Notwithstanding the most current schedule of fines adopted by City Council resolution, the fines for a violation of this article are as follows: the first and second violations of this article shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twenty- five dollars ($25) for each day in violation, but not to exceed three hundred dollars ($300) annually. (C) It shall be unlawful for any food facility to fail to comply with this article. Each violation of this article shall constitute a separate offense.
(D) Any violation of this article shall be subject to a fine in accordance with the administrative procedures set forth in article III of chapter 7 of this code.
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(E) The remedies and penalties provided in this article are cumulative and not exclusive and nothing in this article shall preclude the City from pursuing any other administrative, civil, or criminal enforcement remedies available under the law and/or the City Code.” Part 2. Compliance with California Environmental Quality Act (CEQA). Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines because it is not a “project” and because it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment. 273
Part 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The Council of the City of Oxnard hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
Part 4. Pursuant to Cal. Gov. Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the ordinance.
Part 5. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. ___ was first read on ______, 20__, and finally adopted on ______, 20__ to become effective thirty days thereafter.
AYES:
NOES:
ABSENT:
ABSTAIN:
John C. Zaragoza, Mayor
ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
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