Recording Requested By:
When Recorded Mail To:
Item 1K - Page 4
VERIFICATION
I, _______________________________________________, state: I am the ________________________________ __ (“Owner∫, “President”, “Authorized Agent”, “Partner”, etc.)
of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.
I dec
lare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on _______________________, _______ (date ), at _______________________________________________ ______ (City), ________ (State). ______________________________________________________
Signature of Owner or Owner’s Authorized Agen
Joel Montalvo/City Engineer
City of Palm Springs
PROOF OF SERVICE DECLARATION
a.
b.
c.
_____________________________________________________________ (Signature of Person Making Service)
STATE OF CALIFORNIA
COUNTY OF ______________________________________
On _____________________________ ____________, ________ (date), before me, ________________________________ ____________, Notary Public (name and title of officer) personally appeared __________________________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorize d capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
_____________________________________________
Signature
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Item 1K - Page 5
ATTACHMENT B
Item 1K - Page 6
CITY OF PALM SPRINGS
FINAL BALANCING CONTRACT CHANGE ORDER NO. 1
CP 24-02, 2024 Slurry Seal
CON
TRACTOR: PAVEMENT COATINGS CO. DATE: JULY 9, 2025
CONT
RACT CHANGE ORDER SUMMARY
This lump sum final balancing Contract Change Order No. 1 is to address quantity changes throughout the project.
CONTRACT CHANGE ORDER COST
ID Description Qty Unit Cost
01 Line items not fully used for project 1 LS -$184,133.26 CHA
NGES TO CONTRACT TIME:
A total of 22 working days will be added to the contract time due delays in material and City requested no work days added due to winter holidays and impacts to traffic during this time.
Summary of Costs:
Original Contract Amount: $3,460,758.00 Construction Start Date: 10/28/2024 Previous Change Orders:
$0.00 Previous Agreed Completion
05/16/2025
This Change Order Amount: -$184,133.26 Working Days Added: 22 Revised Contract Amount: $3,276,624.74 Revised Completion: 06/18/2025 I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor.
Pavement Coatings Co.
Jason Flowers, Project Manager Date
City of Palm Springs
Recommended By:
Joel Montalvo, City Engineer Date
Approved By:
Scott Stiles, City Manager Date
Attest By:
Brenda Pree, City Clerk Date
Item 1K - Page 7
I I
CITY COUNCIL STAFF REPORT
07/09/2025
SUBJECT:
AWARD OF A CONSTRUCTION CONTRACT TO SWINERTON BUILDERS IN THE AMOUNT OF $77,208,000 AND THE ACCEPTANCE OF THE FEDERAL AVIATION
ADMINISTRATION (FAA) AND TRANSPORTATION SECURITY ADMINISTRATION (TSA) GRANT AWARDS FOR THE FUNDING OF THE PROJECT FOR AIRPORT BAGGAGE HANDLING SYSTEM IN-LINE SCREENING (“PROJECT”), AIRPORT PROJECT PSP-04
RECOMMENDATION:
Award a construction contract to Swinerton Builders, in the amount of $77,208,000, for Airport Baggage Handling System In-Line Screening, Airport Project PSP-04;
1. Authorize the City Manager or designee to approve and execute construction contract change orders up to a total amount of $7,720,800 with all change orders reported to the City Council;
2. Approve acceptance of Federal Aviation Administration (FAA) Airport Terminal Program (ATP) Grant No. 3-06-0181-070-2025 for Baggage Handling Airport Project in the amount of approximately $6,000,000;
3. Approve acceptance of FAA Infrastructure Grant (AIG) Grant No. 3-06-0181-071-2025 for Baggage Handling Airport Project in the amount of approximately $21,552,776;
4. Approve acceptance of FAA Airport Improvement Program (AIP) Grant No. 3-06-0181-072-2025 for Baggage Handling Airport Project in the amount of approximately $7,963,213;
5. Approve acceptance of the Department of Homeland Security Transportation Security Administration Grant for the Airport Baggage Handling System in the amount of approximately $24,184,932.24; and
6. Authorize the City Manager or designee to execute all necessary documents.7.
Attachments
Item 1L
CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2025 CONSENT CALENDAR
SUBJECT: AWARD OF A CONSTRUCTION CONTRACT TO SWINERTON
BUILDERS IN THE AMOUNT OF $ 77,208,000 AND THE ACCEPTANCE
OF THE FEDERAL AVIATION ADMINISTRATION (FAA) AND
TRANSPORTATION SECURITY ADMINISTRATION (TSA) GRANT
AWARDS FOR THE FUNDING OF THE PROJECT FOR AIRPORT
BAGGAGE HANDLING SYSTEM IN -LINE SCREENING ( “PROJECT”), AIRPORT PROJECT PSP-04
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:
Upon award of this construction contract and acceptance of four grants, the Airport will be authorized to proceed with the construction phase of the Baggage Handling System Project.
RECOMMENDATION:
1) Award a construction contract to Swinerton Builders, in the amount of $77,208,000, for Airport Baggage Handling System In-Line Screening, Airport Project PSP-04; 2) Authorize the City Manager or designee to approve and execute construction contract change orders up to a total amount of $7,720,800 with all change orders reported to the City Council;
3) Approve acceptance of Federal Aviation Administration (FAA) Airport Terminal Program (ATP) Grant No. 3 -06-0181-070-2025 for Baggage Handling Airport Project in the amount of approximately $6,000,000;
4) Approve acceptance of FAA Infrastructure Grant (AIG) Grant No. 3-06-0181-071- 2025 for Baggage Handling Airport Project in the amount of approximately $21,552,776;
5) Approve acceptance of FAA Airport Improvement Program (AIP) Grant No. 3- 06- 0181-072-2025 for Baggage Handling Airport Project in the amount of approximately $7,963,213;
6) Approve acceptance of the Department of Homeland Security Transportation Security Administration Grant for the Airport Baggage Handling System in the amount of approximately $24,184,932.24; and
7) Authorize the City Manager or designee to execute all necessary documents.
Item 1L - Page 1
City Council Staff Report
July 9, 2025 -- Page 2
Award Airport BHS In-Line Screening PSP-04
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure from Swinerton Builders is included as Attachment A.
BACKGROUND:
Palm Springs International Airport (Airport) is experiencing record passenger volumes and sustained increases in checked baggage demand. To support this growth and improve the efficiency of outbound baggage processing, the Airport is moving forward with the installation of a new Baggage Handling System (BHS). The upgraded system has been modeled to accommodate projected passenger levels over the next 15 years in alignment with the Airport’s recently approved Master Plan and is designed to manage increased volumes and oversized luggage while complying with Transportation Security Administration (TSA) screening requirements.
The proposed BHS will enhance the Airport’s capacity to process checked baggage more efficiently, reducing reliance on manual handling during peak periods and supporting improved operational performance for all commercial carriers serving Palm Springs.
The current system, completed in August 2021 as part of the Ticket Hall Expansion Project, has required supplemental manual processing during periods of peak activity. As part of the Airport’s Capital Improvement Program (CIP), the upgraded BHS will address these capacity constraints and better align the A irport’s infrastructure with its evolving operational needs.
Figure 1 – Site Vicinity Map
Project
Item 1L - Page 2
City Council Staff Report
July 9, 2025 -- Page 3
Award Airport BHS In-Line Screening PSP-04
The Airport is requesting City Council’s authorization to accept FAA and TSA grant fundings for the following project:
Baggage Handling System (BHS) – Construction Phase
Summary of Grants
BIL ATP Grant No. 3-06-0181-070-2025
The Bipartisan Infrastructure Law Airport Terminal Program (BIL ATP) was created as part of President Biden's Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act). The program was designed to address aging infrastructure at U.S. airports while simultaneously focusing on safety, sustainability, and accessibility improvements.
The purpose of this grant is to provide construction phase funding for the demolition and construction of new foundations for the BHS project. The Airport is awarded approximately $6,000,000 by the FAA.
BIL AIG Grant No. 3-06-0181-071-2025
The Bipartisan Infrastructure Law Airport Infrastructure Grant (BIL AIG) was created as part of President Biden's Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act). The program provides $14.5 billion in total funding over five years, starting in Federal Fiscal Year (FFY) 2022 and sunsetting in FFY 2027. The Airport is awarded approximately $21,552,776 for the first four years and anticipates another $5,388,194 for the final year of award from the FAA.
FAA – AIP Grant No. 3-06-0181-072-2025
The Federal Aviation Administration’s Airport Improvement Program (AIP) is a federal grant program that provides funding for public-use airports. The program originated from the Airport and Airway Improvement Act of 1982. The Airport is awarded approximately $7,963,213 from the FAA.
TSA – Other Transaction Agreement
This Project will be funded by an Other Transaction Agreement grant from the Transportation Security Administration (TSA) on a reimbursement basis for allocable costs of the project. The Airport is awarded approximately $24,184,932 from the TSA.
STAFF ANALYSIS:
The Project was advertised for bidding in The Desert Sun, industry plan rooms, and the PlanetBids™ electronic bid system on April 24, 2025, and on May 28, 2025, two bids were received from the following contractors:
Column1
FY2 5 ATP
3-06-0181-070-2025
FY2 5 AI G
3-06-0181-071-2025
FY2 5 AI P
3-06-0181-072-2025
FY 25 OTA
TS A A irport F unds TOTAL
Federal Share Percentage 95.00% 90.66% 90.66% 95.00%
A pprox imate G rant A mount $6,000,000.00 $21,552,776.00 $7,963,213.00 $24,184,932.24 $59,700,921.24 L ocal M atch $315,789.00 $2,220,416.00 $820,388.00 $1,272,891.17 $15,669,594.59 $20,299,078.76 Item 1L - Page 3
City Council Staff Report
July 9, 2025 -- Page 4
Award Airport BHS In-Line Screening PSP-04
Company Location Bid Amount
Skanska USA Building San Francisco, CA $71,774,497
Swinerton Builders Los Angeles, CA $77,208,000
Bid Protest
On June 4, 2025, Swinerton Builders submitted a bid protest letter against Skanska USA Building. The City Attorney reviewed Swinerton Builders’ bid protest and subsequent response from Skanska USA Building and assisted Engineering Services in determining that the Bid Protest was determined to be valid and award of the contract to the lowest responsible bidder was recommended. A copy of the Bid Protest is included as Attachment B.
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code (“PSMC”), “Local Business Preference Program”, requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub- contract services to businesses whose workforce resides within the Coachella Valley. Swinerton Builders is not considered a local business but has demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials to local businesses.
Project Labor Agreement (PLA)
This Project is subject to the City’s Community Workforce Agreement dated August 31, 2021, which is on file with the City. The Contractor and all Subcontractors of any tier are to include contractual provisions in all contracts they enter for the performance of the work requiring the Contractor and all Subcontractors to comply with the provisions of the PLA prior to the commencement of work and at no additional cost.
Bid Analysis
Staff reviewed all bid documents submitted by the apparent low bidder and determined that Swinerton Builders complies with the instructions to bidders and has submitted the lowest responsive and responsible bid. Staff recommends the City Council award a construction contract to Swinerton Builders . A proposed agreement is included as Attachment C.
Airline Approval Requirement
Per the Airport Use and Lease Agreement dated July 1, 2023, Section 4.03 Review of Capital Expenditures, this P roject requires approval by Majority In Interest (MII) vote of the Signatory Airlines prior to final acceptance. The MII vote process ensures that airlines representing at least fifty-one percent (51%) of both enplaned passengers and signatory airlines in count have the opportunity to review capital expenditures exceeding $1,000,000 in City funds. The formal acceptance and filing of the Notice to P roceed will commence after the required MII vote from the airlines is completed.
The formal MII vote may take up to 45 days to secure. In the unlikely event that the Signatory Airlines vote to disapprove the use of Airport revenues to match the Federal grants for this Project, the Airport Staff will return to City Council with recommendations.
Item 1L - Page 4
City Council Staff Report
July 9, 2025 -- Page 5
Award Airport BHS In-Line Screening PSP-04
ENVIRONMENTAL ASSESSMENT:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of existing or former use. The proposed Project will continue to utilize existing utilities such as water, sewer, electricity and does not result in an increase of more than 10,000 square feet of building expansion. The Project area has been heavily disturbed by previous airport-related activities and consists of the existing baggage handling system area and three existing baggage carousels. All areas within the Project area have been paved over or built upon. Therefore, Staff has determined that the Airport Baggage Handling System In-Line Screening Project, Airport Project PSP -04, is considered categorically exempt from CEQA.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Priority 2A Improve City Facilities – prioritize deferred maintenance.
FISCAL IMPACT:
The Project represents a total investment of approximately $93,569,359, with funding sourced through multiple federal grant programs to minimize the financial impact required by the Airport.
The Airport has secured substantial federal support of $59.7 million through four funding streams: TSA Other Transaction Agreement ($24.2 million at 95% federal share), BIL Airport Infrastructure Grant ($21.6 million at 90.66% federal share), FAA Airport Improvement Program ($8.0 million at 90.66% federal share), and BIL Airport Terminal Program ($6.0 million at 95% federal share). An additional $5.3 million is anticipated from the BIL Airport Infrastructure Grant program in the final year of the funding cycle.
The Airport's financial commitment includes $4.6 million in required grant matching funds and $33.9 million from accumulated A irport capital reserves. To offset local costs and reduce taxpayer burden, the Airport will utilize Passenger Facility Charges —federally authorized fees collected from departing passengers specifically designated for airport capital improvements.
Grant expenses ($59.7 million) are allocated to account 4167070-50126, with the Airport's capital contribution ($33.9 million) budgeted under Capital Improvement Project 4167065- 80000. Funding is phased across Fiscal Years 2025- 26 and 2026- 27 to align with construction milestones and ensure effective cash flow management. All federal grants operate on a reimbursement basis.
Item 1L - Page 5
City Council Staff Report
July 9, 2025 -- Page 6
Award Airport BHS In-Line Screening PSP-04
The estimated construction and administrative costs to complete the Project are shown in Table 2 below.
Table 2
Table of Project Costs Amount
Project Design $2,205,169
Project Administration $250,000
Construction Administration / Inspection $6,185,390
Construction Contract $77,208,000
Contingency $7,720,800
Total $93,569,359
REVIEWED BY:
City Engineer: Joel Montalvo
Executive Director of Aviation: Harry Barrett Jr.
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Public Integrity Disclosure Form
B. Bid Protest and Skanska Rejection Letter
C. Construction Agreement
Item 1L - Page 6
Attachment A
Item 1L - Page 7
PSP BAGGAGE HANDLING IN-LINE SYSTEM PART V – REQUIRED BID DOCUMENTS CITY PROJECT NO. PSP-04
FEDERAL AID PROJECT NO. XXXX 5282(XXX) PUBLIC INTEGRITY DISCLOSURE APPLICATION FORM – PAGE 17 APRIL 2025
PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM
PSP BAGGAGE HANDLING IN-LINE SYSTEM, CITY PROJECT NO. PSP-04, FEDERAL PROJECT NO. XXXX-5282(XXX)
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State
If other than California, is the Entity also registered in California? ☐ Yes ☐ No
5. Type of Entity
☐ Corporation ☐ Limited Liability Company ☐ Partnership ☐ Trust ☐ Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity
☐ Officer ☐ Director ☐ Member ☐ Manager
☐ General Partner ☐ Limited Partner
☐ Other
☐ Officer ☐ Director ☐ Member ☐ Manager
☐ General Partner ☐ Limited Partner
☐ Other
☐ Officer ☐ Director ☐ Member ☐ Manager
☐ General Partner ☐ Limited Partner
☐ Other
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Swinerton Builders
California
X
Please see the following Swinerton Builders and
Swinerton Incorporated Officers & Directors List.
2001 Clayton Rd, Concord, CA, 94520
1150 S Olive St, 27th Floor, Los Angeles, CA 90015
Please see the following Swinerton Builders and
Swinerton Incorporated Officers & Directors List.
Please see the following Swinerton Builders and
Swinerton Incorporated Officers & Directors List.
Item 1L - Page 8
PSP BAGGAGE HANDLING IN-LINE SYSTEM PART V – REQUIRED BID DOCUMENTS CITY PROJECT NO. PSP-04
FEDERAL AID PROJECT NO. XXXX 5282(XXX) PUBLIC INTEGRITY DISCLOSURE APPLICATION FORM – PAGE 18 APRIL 2025
PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM (CONTINUED) PSP BAGGAGE HANDLING IN-LINE SYSTEM, CITY PROJECT NO. PSP-04, FEDERAL PROJECT NO. XXXX-5282(XXX)
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE:
Jane Doe
[name of owner/investor]
50%, ABC Company, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
B.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
C.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
D.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
E.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name,
Title
Date
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Swinerton Builders is a wholly-owned subsidiary of Swinerton Incorporated. Swinerton Incorporated is 100% employee-owned. Approximately 50% is held by the Swinerton 401(k) & Savings Plan, and the balance is split among 900 plus employees of the various Swinerton Incorporated family of companies. No single individual employee owns 4% or more of the stock of Swinerton Incorporated. 05/28/2025John Jennings
Vice President, Division Manager
Item 1L - Page 9
-
-
-
I I
PSP BAGGAGE HANDLING IN-LINE SYSTEM PART V – REQUIRED BID DOCUMENTS CITY PROJECT NO. PSP-04
FEDERAL AID PROJECT NO. XXXX 5282(XXX) PUBLIC INTEGRITY DISCLOSURE APPLICATION FORM – PAGE 19 APRIL 2025
Item 1L - Page 10
SWINERTON BUILDERS OFFICER & DIRECTORS LIST
NAME POSITION YEARS WITH
COMPANY
OFFICER OR
DIRECTOR
David C. Callis CEO, President 23 Officer
Ray A. Haj Exec. Vice President/COO 24 Officer & Director Donald D. Adair Exec. Vice President/CRO 37 Officer
Timothy J. Kretzschmar Exec. Vice President/COO 10 Officer Lauren T. Nunnally Sr. Vice President/CAO 17 Officer
Bradley K. Peterson Exec. Vice President/CFO 24 Officer Jason R. Chupp Sr. Vice President 13 Officer & Director Lori D. Guion Sr. Vice President 27 Officer & Director
Brian J. McCarthy Sr. Vice President 15 Officer & Director SheriAnn Murphy Sr. Vice President/Secretary 18 Officer Pedro "Pete" Ruiz Vice President 23 Officer & Director
Lia Tatevosian Sr. Vice President 28 Officer & Director Jared K. Backman Vice President 6 Officer
Michael M. Berryhill Vice President 10 Officer
Daniel J. Camin Vice President 13 Officer
Christopher T. Chany Vice President 11 Director
Ciaran A. Creighton Vice President 8 Officer
Keith A. Dancey Vice President 21 Officer & Director
Kimberly A. DeYoung Vice President 18 Director
Jeffrey S. Gee Vice President 22 Officer & Director
Jeffrey F. Good Vice President 17 Officer
Jeffrey S. Goodermote Vice President 15 Officer
D. Scott Grubb Vice President 38 Officer
Paul A. Hinz Vice President 24 Officer
John "Bobby" Jennings Vice President 14 Officer
Jennifer L. Lauritzen Vice President 20 Officer
Derek D. Mosiman Vice President 14 Officer
Andrew D. Pearl Vice President 17 Officer & Director
Brenda A. Reimche Vice President, CHRO 32 Officer & Director Robert L. Ruszkowski Vice President 6 Officer
Alison T. Satt Vice President 8 Officer
Jeremiah J. Shakespeare Vice President 6 Officer
Kevin M. Smith Vice President 14 Officer
John S. Spight Vice President 13 Officer
Aaron M. Townsend Vice President 13 Officer
Nicholas M. Vovakes Vice President 13 Officer
Ryan J. Wassell Vice President 12 Officer
Tyler Whittaker Vice President 6 Officer
Aaron J. Yamasaki Vice President 12 Officer
Jay G. Yarbrough Vice President 7 Officer & Director
Maritza Zulueta Vice President 5 Officer
Darlene S. Cho Asst. Secretary 21 Officer
Mary Kay Monville Asst. Secretary 3 Officer
Deborah A. Pinson Asst. Secretary 19 Officer
Lisa M. Telles Asst. Secretary 21 Officer
Swinerton Builders is a wholly-
owned subsidiary of Swinerton
Incorporated. Swinerton
Incorporated is 100% employee-
owned. Approximately 50%
is held by the Swinerton
401(k) & Savings Plan, and
the balance is split among
900 plus employees of the
various Swinerton Incorporated
family of companies. No single
individual employee owns 4% or
more of the stock of Swinerton
Incorporated.
Item 1L - Page 11
SWINERTON INCORPORATED OFFICER & DIRECTORS LIST
NAME POSITION YEARS WITH
COMPANY
OFFICER OR
DIRECTOR
David C. Callis CEO, President 23 Officer & Director
Ray A. Haj Exec. Vice President/COO 24 Officer & Director Donald D. Adair Exec. Vice President/CRO 37 Officer & Director Timothy J. Kretzschmar Exec. Vice President/COO 10 Officer & Director Lauren T. Nunnally Sr. Vice President/CAO 17 Officer & Director Bradley K. Peterson Exec. Vice President/CFO 24 Officer & Director Jason R. Chupp Sr. Vice President 13 Officer
SheriAnn Murphy Sr. Vice President/Secretary 18 Officer & Director Brenda A. Reimche Vice President, CHRO 32 Officer
Christopher T. Chany Vice President 11 Officer
Kimberly A. DeYoung Vice President 18 Officer
Jack M. Dettis Vice President 27 Officer
Kimberly A. DeYoung Vice President 18 Officer
Peter Hau Vice President 20 Officer
Christopher S. Morris Vice President 28 Officer
Michael S. Murphy Vice President 14 Officer
Brenda A. Reimche Vice President, CHRO 32 Officer
Carrie L. Shaeffer Vice President 10 Officer
Robert L. Ruszkowski Vice President 6 Officer
Gregory J. Tate Vice President 13 Officer
Robert L. Ruszkowski Vice President 6 Officer
Maritza Zulueta Vice President 5 Officer
Mary Kay Monville Asst. Secretary 3 Officer
Deborah A. Pinson Asst. Secretary 19 Officer
Lisa M. Telles Asst. Secretary 21 Officer
Swinerton Incorporated is 100%
employee-owned. Approximately
50% is held by the Swinerton
401(k) & Savings Plan, and
the balance is split among
900 plus employees of the
various Swinerton Incorporated
family of companies. No single
individual employee owns 4% or
more of the stock of Swinerton
Incorporated.
Item 1L - Page 12
Attachment B
Item 1L - Page 13
Barbara R. Gadbois
[email protected]
File No. 7051.006
Reply to Los Angeles office
www.gibbsgiden.com
GIBBS GIDEN LOCHER TURNER SENET & WITTBRODT LLP
LOS ANGELES
12100 Wilshire Boulevard
Suite 300
Los Angeles, CA 90025
(310) 552-3400
IRVINE
4 Venture
Suite 260
Irvine, CA 92618
(949) 287-8044
SAN JOSE
101 Metro Drive
Suite 320
San Jose, CA 95110
(669) 209-7977
WESTLAKE
2801 Townsgate Road
Suite 212
Westlake Village, CA 91361
(805) 261-1777
LAS VEGAS
7251 W. Lake Mead Blvd.
Suite 450
Las Vegas, NV 89128
(702) 836-9800
3354860.2
June 4, 2025
VIA EMAIL AND HAND DELIVERY
City of Palm Springs, California
Development Services Department, Engineering Division
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: Tabitha Richards
Acting Procurement & Contracting Manager
[email protected]
Re: City of Palm Springs – PSP Baggage Handling In-Line System Project Airport Project No.: PSP-04
Swinerton Builders’ Protest of Bid of Skanska USA Building. Inc.
Dear Ms. Richards,
Our office represents Swinerton Builders (“ Swinerton”), who submitted a timely responsive bid for the City of Palm Springs (“ City”) PSP Baggage Handling In-Line System Project (“ Project”) on May 28, 2025, which Part V submission is enclosed as Exhibit A to Attachment 1, Affidavit of Dennis Teo of Swinerton Builders (“Teo Affidavit”). While the City’s bid tabulation posted on the PlanetBids website portal indicates that Swinerton is the apparent second-low bidder, inconsistencies, conflicts, ambiguities, and other material errors in the bid of the apparent low-bidder, Skanska USA Building. Inc. (“ Skanska”), render Skanska’s bid non-responsive.
The bid mistakes by Skanska were made with respect to material terms of Skanska’s bid amount and the identity of its first tier subcontractors who it appears Skanska intended to and otherwise would perform the majority of the work of the Project. These errors gave Skanska an unfair advantage over Swinerton because Skanska could have withdrawn its bid due to these material mistakes without City recourse to Skanska’s bid bond if timely raised. California case law is clear that the City has no power to waive the material deviations in Skanska’s bid, as a matter of law, because it would give Skanska an unfair advantage over other bidders and improperly change the rules for bidding after the bid deadline. Therefore, the City must reject Skanska’s bid and should have no hesitation in moving forward with award of the contract to Swinerton, the lowest responsive and responsible bidder. This letter sets forth the legal and factual grounds for Swinerton’s challenge of any potential award of the contract for the Project to Skanska.
Item 1L - Page 14
GIBBS
GIDEN
Tabitha Richards
June 4, 2025
3354860.2
1. Skanska’s Bid Must be Rejected For Material Errors In Mandatory City and Statutory Requirements, Which the City Cannot Waive
Swinerton received a copy of Skanska’s Part 5 – Required Bid Documents submittal from the City (See enclosed Attachment 1, Exhibit B). Swinerton staff noted numerous errors in Skanska’s bid (See enclosed Attachment 1, Exhibits C, D, E, and F). Skanska’s fatal material error was its failure to submit the mandatory list of first tier subcontractors required by City’s bidding documents and Public Contract Code section 4104. Skanska’s numerous other errors combine to make its bid incomplete, uncertain, and non-responsive.
City’s Instructions to Bidders, provides, in pertinent part:
9. BID FORM - The Bid shall be made on the Bid Schedule in PlanetBids. Unless otherwise provided in the Notice Inviting Bids, in the event there is more than one Bid Schedule, the Bidder shall Bid on all individual Bid Schedules. All bid items shall be properly filled out. Where so indicated in the Bid Documents, Bid price shall be shown in words and figures, and in the event of any conflict between the words and figures, the words shall govern. (Emphasis added).
*****
17. AWARD OF CONTRACT - Award of Contract, if it is
awarded, will be based primarily on the lowest overall cost to the City, and will be made to a responsive, responsible Bidder whose Bid complies with all the requirements prescribed. . . (Emphasis added).
City’s Part V, Required Bid Documents (p. 1), provides, in pertinent part:
Note:
1) Failure to fully execute & submit all listed documents will render a Bid non-responsive and subject to rejection.
2) Initial each box to verify each form has been filled out and included in your bid submittal.
3) Line items filled out with total cost due at bid, allocable vs non-allocable due within 2 days of bid. Bidder to reference allocable drawings provided and refer to TSA Funding of CBIS Project Costs Policy Memo v7 (Emphasis added).
Item 1L - Page 15
GIBBS
GIDEN
Tabitha Richards
June 4, 2025
3354860.2
Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged):
Number ______________ Date ____________________
Number ______________ Date ____________________
Number ______________ Date ____________________
Number ______________ Date ____________________
Number ______________ Date ____________________
As required under Section 4104 of the Public Contract Code, the Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor … Failure to comply with this requirement will render the Bid as non- responsive and may cause its rejection.
Special Note: The Prime Contractor shall perform not less than 10% of the Work identified in this Bid. (Emphasis added).
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation of each listed DBE is required. (Emphasis added).
As discussed below and as indicated in the Exhibits to the enclosed Attachment 1, Skanska’s failure to comply with the above mandatory bidding requirements render Skanska’s bid non-responsive and the City must reject Skanska’s bid.
A. Skanska’s Failure to Submit its First-Tier Subcontractor Listing (Part I), and Conflicts With and Within the Listing of Rejected Subcontractors (Part II) Made its Bid Non-responsive and Otherwise Gave Skanska an Unfair Advantage Over Swinerton, Which the City Cannot Waive
Part I indicates that Skanska will self-perform only the “concrete, structural concrete, Item 1L - Page 16
GIBBS
GIDEN
Tabitha Richards
June 4, 2025
3354860.2
temporary structure, structural steel and miscellaneous metals, GCs and GRs” with a dollar value of $8,400,000. (See Attachment 1, Exhibit B, PDF 4, page 92).
Part I continuation sheet lists only one second tier subcontractor/supplier, Apex Cabling (“Apex”), with a value of $1,800,000 (See Attachment 1, Exhibit B, PDF 1, page 67), and the Apex information is incorrect (See Attachment 1, Exhibit C, PDF 2, pages 126 - 128 and PDF 3, pages 129 - 133).
Skanska’s bid amount is $71,774,497, therefore any first tier subcontractor with a bid value over $358,872 is required to be listed on the Part I form. Despite the fact that City’s answers to bidder question numbers 2.79, 2.20, and 2.189 issued in Addendum No. 2 clarified the content and timing for submitting complete subcontractor information (See Attachment 1, Exhibit E, pages 144 - 146), Skanska did not list any first tier subcontractors, as required by Public Contract Code section 4104 and the clear mandatory requirements of City’s bidding documents. Contrast Skanska’s incomplete subcontractor listing with Swinerton’s submission (See Attachment 1, Exhibit A, pages 14 – 35), showing nine (9) separate trades required for the work in addition to Swinerton’s self-performed work for drywall & framing, concrete, door, frames & hardware, general conditions, and general requirements.
Public Contract Code section 4106 provides, in pertinent part,
“If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of 1 percent of the prime contractor’s total bid, the prime contractor agrees that he or she is fully qualified to perform that portion himself or herself, and that the prime contractor shall perform that portion himself or herself.” (Emphasis added).
While Skanska did submit Bidder’s List of Subcontractors (DBE and Non-DBE) – Part II (See Attachment 1, Exhibit B, PDF 3, pages 70 - 84) indicating the subcontractors not selected to participate for the following trades: 1) glass and glazing; 2) drywall, framing, plaster & insulation and EIFS; 3) paintings and coatings; 4) baggage handling system; 5) structural steel; 6) roof decking; and 7) electrical and fire alarm, much of the subcontractor information is incorrect, missing, and inconsistent (See Attachment 1, Exhibit C, PDF 1, pages 109 - 122).
Moreover, regardless of the errors, Skanska’s Part I and Part II submission indicates Skanska clearly intended to subcontract at least six (6) major trades.
Skanska’s bid submission contradicts the statutory presumption of Public Contract Code section 4106, because Skanska indicated it intended to self-perform only $8,400,000 of trade work and project administration work and intended to subcontract with at least six (6) trade Item 1L - Page 17
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GIDEN
Tabitha Richards
June 4, 2025
3354860.2
subcontractors. Swinerton believes it is unlikely that Skanska has the qualifications or expertise set forth in performance Specification Section 34 77 39 to self-perform the critical Baggage Handling System work including, but not limited to qualification requirements of subsections 1.4 and 1.5.
Additionally, Skanska failed to submit other mandatory subcontractor forms, including Exhibit 15-G – Construction Contract DBE Commitment and Exhibit 15-H: Proposer Subcontractor Good Faith Efforts.
Skanska’s failure to list any qualified first-tier subcontractors for all work other than Skanska’s designated self-performed work, failure to provide full, complete, and accurate information for subcontractors solicited but not used, and failure to include required DBE exhibits is a mistake in filling out the City’s bid form, and makes Skanska’s bid incomplete and materially different than Skanska intended with respect to the identity of who will perform the work, which also affects the reliability of Skanska’s pricing. These Skanska bid mistakes permit Skanska to withdraw its bid under Public Contract Code section 5100 et seq. As discussed in Section 2 below, under such circumstances, California law prohibits the City from waiving such errors and therefore Skanska’s bid should be rejected as non-responsive. Moreover, Skanska’s failure to fully execute and submit all listed documents (including Skanska’s failure to initial, sign and submit the mandatory bid form checklist and failure to acknowledge receipt of Addendum No. 3, as set forth in Attachment 1, Exhibit B, pages 68 – 105 including PDF 4, page 88) render Skanska’s bid non-responsive and subject to rejection as referenced in City’s bidding documents quoted above.
B. Skanska’s Error in Filling Out the Electronic Bid Line Item Detail Made Skanska’s Bid Non-Responsive and Gave Skanska an Unfair Advantage Over Swinerton, Which the City Cannot Waive
The City’s Bid Schedule pricing submittal was made solely through the PlanetBids portal without a separate paper submission. The PlanetBids Bid Detail portal included 20 separate line items, with the unit pricing to be multiplied by the stated quantity (in this case, one lump sum for each item), with the total stated in both figures and words. The PlanetBids portal populated the total lump sum bid price. Skanska included only the bid unit price but did not include the multiplied total line item amounts or the total line item prices stated in words, which would govern in the event of a conflict with the figures/numerals. Skanska’s error made its bid incomplete and non-responsive (See enclosed Attachment 1, Exhibit D, pages 134 - 143 ). Moreover, Skanska saved precious time by not providing all required information, which gave Skanska an unfair advantage over Swinerton because Skanska could use the extra time to solicit lower subcontractor bid pricing. As such, City cannot waive this error.
Item 1L - Page 18
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GIDEN
Tabitha Richards
June 4, 2025
3354860.2
2. Analysis and Conclusion
To be “responsive,” a public works bid must be in strict accordance with the “material” terms of the bid documents. Menefee v. County of Fresno (1985) 163 Cal.App.3d 1175. Any “material” variance in a bid may not be waived by the awarding authority, and bids containing “material” variances must be rejected. Stimson v. Hanley (1907) 151 Cal. 379. This principle ensures that all bidders will be treated alike, and guards against the possibility for fraud, corruption or favoritism in the bidding selection process. More fundamentally, it ensures that the public agency will be comparing “apples to apples” when reviewing the competing bid proposals. The “material” terms of a bid are, among other things, those terms that are clearly identified by the bid documents as “mandatory.” See Menefee v. County of Fresno.
In addition, where a deviation gives a bidder an unfair advantage relative to other bidders, a public agency may not waive the deviation as immaterial. See Menefee v. County of Fresno .
Further, under California law all that is required is the theoretical possibility that a bidder will obtain an unfair advantage. It need not be shown that a bidder possessed any intention of seeking a competitive advantage for a public agency to be required to reject such a bid as non-responsive.
See Konica Bus. Machs. U.S.A., Inc. v. Regents of Univ. of Cal.
Moreover, the City cannot circumvent competitive bidding requirements by arbitrarily changing the bidding requirements after the bid deadline and awarding a contract on the basis of that change. Obviously it is unfair to bidders to change the basis for award after bids have been received.
In this case, Skanska failed to comply with the bid requirements and gained an unfair advantage not enjoyed by Swinerton due to the failure to include first-tier subcontractor listing, failure to complete the Bid Schedule line items in words,, failure to acknowledge Addendum 3, and other numerous errors in Skanska’s bid. Clearly, Skanska’s bid errors were “mistakes in filling out the bid, and not due to errors in judgment, or to carelessness in inspecting the site of the work, or in reading the plans and specifications” as set forth in California Public Contract Code section 5103. Therefore, under Public Contract Code section 5103, Skanska had the right to seek relief from its bid, without forfeiting its bid bond, by giving the City notice of the mistake within five (5) days of the bid opening.
Accordingly, Skanska’s mistakes impermissibly provided it with an opportunity for a “last look” after bid opening and before deciding whether to seek to withdraw its bid due to its mistake. Even if Skanska did not intend to do so, the unfair advantage is present. Therefore, under applicable California law, the City cannot waive the irregularities in Skanska’s bid as immaterial deviations. See Konica Bus. Machs. U.S.A., Inc., 206 Cal. App. 3d at 454-55; Valley Crest Landscape. Inc., 41 Cal. App. 4th at 1442. As a result, Skanska’s bid must be rejected.
Item 1L - Page 19
GIBBS
GIDEN
Item 1L - Page 20
GIBBS
GIDEN
Tabitha Richards
June 4, 2025
California law mandates that all bidders must properly complete their bids as required by the City's bidding documents, especially where the failure to do so provides the non-complying bidders with a material advantage not enjoyed by the complying bidders. All bidders must be afforded a "level playing field" when submitting bids to a public entity.
Based on the foregoing, Skanska' s bid must be rejected as non-responsive. Skanska clearly deviated from the requirements of the bidding documents which provided them an unfair financial advantage on their bids. Swinerton is therefore the lowest responsive bidder who complied with the requirements of the bidding. Swinerton is ready, willing, and able to proceed with the Project for the City.
In closing, Swinerton is a highly qualified, responsive, and responsible bidder. Swinerton has completed more than $4 billion in public works construction over the past 3 5 years. Swinerton stands ready, willing, and able to perform the work of the Project in accordance with its bid submission. We trust that, with knowledge of the facts and law presented in this letter, the City will grant Swinerton's bid protest and proceed to award to Swinerton, who is ready to move forward with this important Project without delay.
Should you have any questions please do not hesitate to contact me at my email address, bgadbois@gibbsgiden .com , by regular mail at the Los Angeles office address indicated in the lower left footer on the frrst page of this letter, or by phone on my direct line, (310) 734-3366 or my cell phone (310) 612-4353.
Barbara R. Gadbois
of GIBBS GIDEN LOCHER TURNER
SENET & WITTBRODT LLP
Encl. 11-lf,
Attachment 1, Teo Affidavit (M pages)
cc:
3354860.2
Mr. Joel Montalvo, P.E, City Engineer, City of Palm Springs (via email w/Encl. [email protected] ov )
Mr. Andrew Crider, P.E, Senior Civil Engineer, City of Palm Springs (via email w/Encl. andrcw [email protected] )
Swinerton Builders (via email w/Encl.)
Item 1L - Page 21
City of Palm Springs
Engineering Services Department
3200 East Tahquitz Canyon Way• Palm Springs, California 92262 Tel: (760) 323-8253 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov
VIA CERTIFIED MAIL AND E-MAIL
Mr. Aaron Gruber
Ralls Gruber Niece
400 S. El Camino Real, Suite 850
San Mateo, CA 94402
[email protected]
SUBJECT: City of Palm Springs
June 24, 2025
PSP Baggage Handling In-Line System, Airport Project No. PSP-04 Notice of Intent to Reject Non-Responsive Bid
Dear Mr. Gruber:
The City of Palm Springs ("City") is in receipt of your letter ("Skanska Response") on behalf of your client, Skanska USA Building Inc. ("Skanska"), in response to Swinerton Builders' ("Swinerton") June 3, 2025 letter protesting Skanska's bid ("Swinerton Protest") on the above mentioned project ("Project"). Based on our review of Skanska's bid, the Swinerton Protest, and the Skanska Response, the City finds that Skanska's bid is nonresponsive and City staff will recommend the City Council reject the bid submitted by Skanska as nonresponsive and award the contract to Swinteron, the lowest responsible bidder submitting a responsive bid.
1. Skanska's Bid Contains Multiple Deviations and Errors.
A bid must conform to the material terms of the bid package. (DeSi/va Gates Constr. v.
Department of Transp. (2015) 242 Cal.App.4th 1409; Menefee v. County of Fresno (1985) 163 Cal.App.3d 1175.) A bid is responsive if it promises to do what the bidding instructions demand. (Williams v. Clovis Unified Sch. Dist. (2007) 146 Cal.App.4th 757; Valley Crest Landscape Inc. v.
City of Davis (1996) 41 Cal.App.4th 1432, 1438.) Responsiveness should be determined from the face of the bid. (Great W Contractors, Inc. v. Irvine Unified Sch. Dist. (2010) 187 Cal.App.4th 1425, 1454.) However, a bid may be responsive even if there is a discrepancy in the bid, as long as the discrepancy is inconsequential, that is, the discrepancy must not affect the amount of the bid or give a bidder an advantage over others. (Ghilotti Constr. Co. v. City of Richmond (1996) 45 Cal.App.4th 897, 904; Bay Cities Paving & Grading, Inc. v. San Leandro (2014) 223 Cal.App.4th 1181, 1188.) A deviation must be capable of facilitating corruption or extravagance, or likely to affect the amount of bids or the response of potential bidders. These considerations Item 1L - Page 22
must be evaluated from a practical rather than hypothetical standpoint, with reference to the factual circumstances of the case. (Ghilotti Constr. Co. v. City of Richmond (1996) 45 Cal.App.4th 897, 908-09, internal citations omitted.) That being said, the City has no authority to waive material, as opposed to inconsequential, irregularities in a bidder's bid. (See Valley Crest Landscape, Inc. v. City of Davis (1996) 41 Cal.App.4th 1432, 1443.) Material deviations also occur where an agency provides a bidder an actual advantage not given to other bidders, or an apparent advantage for instance in a situation where the error would have given the bidder an ability to withdraw its bid without recourse on the bid bond. (Id. at p. 1442.) Swinerton identifies at least four errors in Skanska's bid that render Skanska's bid nonresponsive , including the failure to submit the following required bid documents with its bid:
• Bidder's List of Subcontractors (DBE and Non-DBE) - Part 1 with a list of Skanska 's first tier subcontractors ("Subcontractor Listing Form")
• Exhibit 15-G: Construction Contract - DBE Commitment ("DBE Commitment Form") • Exhibit 15-H: Proposer/Contractor Good Faith Efforts ("GFE Form") Additionally, the Swinerton Protest alleges that Skanska neither completed the total line prices for the 20 line items in the bid schedule nor stated these amounts in words, as required by the bid documents. As discussed herein, this incomplete bid schedule is not a focus of the City's letter because the City cannot waive any error related to the Subcontractor Listing Form. (a) Skanska's Failure to Submit its Subcontractor Listing Form Renders Skanska's Bid Non responsive.
On the issue of the Subcontractor Listing Form, Skanska certified in its bid that they would only self-perform 12.7% of the work on the Project. As explained below, however, it is that percentage coupled with Skanska's outright failure to submit the Subcontractor Listing Form, which requires them to self-perform 100% 1 of the work on the Project, that renders Skanska's bidding irregularity material and non-waiveable.
First, while the Skanska Response claims that Skanska submitted Skanska's Subcontractor Listing Form with its bid, the City did not receive the form. The enclosed screenshot shows the documents the City received from Skanska in PlanetBids, none of which is the Subcontractor Listing Form. The City contacted PlanetBids and they have no record of any such form being uploaded by Skanska. While the City understands Skanska's frustration with the failed submittal, the City has no control over the issue. Section 10 in the Instruction to Bidders states that "[iJt is the Bidder's sole responsibility to see that its Bid is properly uploaded in time for the opening of bids. Bids will not be accepted after the appointed time for opening of bids, no matter the reason." As a result, the City cannot accept Skanska's Subcontractor Listing Form.
Skanska did provide to the City within 24 hours after bid time handwritten corrections to several license numbers, DIR numbers and corresponding proper names. The Skanska Response claims this is permitted by Public Contract Code section 4104 and that the City "accepted" this supplemental information. To clarify, the City did not accept this information. The 24 hour extension is discretionary and the City made clear in its answers to the bidders questions that information about subcontractors was due at bid time. Moreover, Public Contract Code section 4104 permits a contractor to correct specified omissions or errors in a subcontractor bidding list within twenty-four hours of it being submitted, not to submit a new list of subcontractors that was 1 This number could be lower since subcontractors performing less than one~half of I percent of the v.-ork are not required to be listed pursuant to Public Contract Code section 4104.
Item 1L - Page 23
never submitted prior to the bid closing. In light of Skanska's complete omission of the Subcontract Listing Form from its bid at bid time, the City cannot permit Skanska to submit it for the first time after the time of bid because that would result in the City providing Skanska with an actual competitive advantage, resulting in a material irregularity that the City cannot waive. (See Valley Crest Landscape, Inc. v. City of Davis, supra, 41 Cal.App.4th at p. 1442 {permitting a contractor to resubmit a document correcting an error in percentage of self-performed work was a material irregularity that could not be waived because it provided a contractor an actual advantage).) Second, the Swinerton Protest alleges that Skanska, under Public Contract Code section 5103, had the right to seek relief from its bid without forfeiting its bid bond. The Skanska Response disagrees, stating that a bidder can be released from its bid bond "only for typographical or arithmetical errors, not mistaken submission of a bid", quoting Valley Crest Landscape, Inc. v.
City Council, supra, 41 Cal.App.4th at p. 1442.
Courts have held that if a bid deviates from a public entity's bid documents by not complying with a prescribed manner or condition of bidding or performance, it may be material and non-waivable if the bidder could withdraw the bid pursuant to Public Contract Code section 5103 without recourse on the bidder's bid bond. (See Valley Crest Landscape, Inc. v. City Council, supra, 41 Cal.App.4th at pp. 1441-43 (Valley Crest); MCM Construction, Inc. v. City and County of San Francisco (1998) 66 Cal.App.4th 359, 374-377 (MCM).)
However, the City in this case does not have to make a determination whether or not Skanska had the right to seek relief under Public Contract Code section 5103. Instead, if the City waived Skanska's failure to provide its Subcontractor Listing Form, this would provide Skanska an unfair competitive advantage over Swinerton that the City is not allowed to provide Skanska. (See e.g.
Konica Business Machines U.S.A., Inc. v. Regents of University of California (1988) 206 Cal.App.3d, 449, 451 {"We conclude Copy-Line's bid did not meet the specifications and gave it a prohibited competitive advantage, and the University's request for bids did not clearly notify bidders they could deviate from the specifications."].) The Subletting and Subcontracting Fair Practices Act (the, "Act")2, Public Contract Code section 4100 et seq .. , requires, among other provisions, that bidders set forth in their bid:
The name, the location of the place of business, the California contractor license number, and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.
(Pub. Cont. Code, §4104(a)(1).)
2 Section 1-6.2 of the Standard Specifications ("Greenbook") requires compliance with the Act.
Item 1L - Page 24
Additionally, if a subcontractor is not listed in the bid for a specific construction trade in excess of one-half of 1 % of the bid amount, the Public Contract Code provides that "the prime contractor agrees that he or she is fully qualified to perform that portion himself or herself, and that the prime contractor shall perform that portion himself or herself." (Pub. Cont. Code, § 4106.) By not submitting a Subcontractor Listing Form, the Public Contract Code requires Skanska to self-perform any work on the Project in excess of one-half of 1 % of the bid amount. At the same time, Skanska submitted with its bid, page 1 of the Bidder's List of Subcontractors (DBE and Non DBE) - Part 1 and completed Section A. Bidder's Portion of Work. There, Skanska listed the work it would self-performed, including "concrete, structural concrete, temporary structure, structural steel and miscellaneous [sic] metals, GCs and GRs." Skanska certified that they would self perform 12.7% of the work on the Project.
The City, however, cannot reasonably determine that Skanska "agree[d]" (Pub. Cont. Code , § 4106) in its bid that it would self-perform all the work by omitting the Subcontractor Listing Form because that would contradict Skanska's express representation that it was self-performing only
12.7% of the work for specific scopes Skanska identified. The City can find no way to reconcile Skanska's express representation of the amount of self-performed work with the default rule for "agree[ing)" to self-perform work for which no subcontractor was listed.
Nor does the City think that the legislature mandated or contemplated the waiving of an irregularity or an award of a contract under Public Contract Code section 4106 on the facts presented here. If the City were to apply Section 4106 and construe Skanska's bid as agreeing to self-perform all the work, then that would effectively result in Skanska's bid including two separate percentages for self-performed work-12. 7% as written and 100% as required by Public Contract Code section 4106. But treating Skanska's bid in that manner would effectively result in two conflicting percentages of self-performed work, which constitutes the sort of arithmetic error that Valley Crest held would give a bidder an apparent advantage by allowing the bidder to withdraw its bid without recourse on the bid bond under Public Contract Code section 5103. A statute must be interpreted to avoid absurd results, and it would be absurd to interpret and apply section 4106 in a manner that would result in a bidder effectively including two specific percentages for self-performed work, especially where the bidder already specified the scopes of work it intended to self-perform. In short, section 4106 simply cannot apply under the peculiar circumstances here.
Third, the legislative policies animating the Act support finding that Skanska's failure to submit the Subcontractor listing Form is a material irregularity in Skanska's bid. The Act seeks to protect both the public agency issuing the request for bids and subcontractors who submit bids to prime contractors. (D.H. Williams Construction, Inc. (2007) 146 Cal.App.4th 757, 765.) Additionally, the Legislature enacted the Act to address perceived problems with subcontractor financial solvency and the quality of subcontractor work on public projects. (E.F. Brady Co. v. M.H. Golden Co. (1997) 58 Cal.App.4th 182, 189.) "As to public agencies, the act permits the agency to investigate and approve both initially listed subcontractors and any substitute subcontractors proposed by the prime contractor." (D.H. Williams Construction, Inc., supra, 146 Cal.App.4th at p. 765.) "As to subcontractors, the act seeks to prevent 'bid shopping and bid peddling."' (Id., quoting Pub. Cont.
Code,§ 4101.) "These practices involve efforts by prime contractors to coerce lower bids from subcontractors after a contract has been awarded to the prime bidder using as leverage prior bids from subcontractors (shopping) and efforts by other subcontractors to undercut the price of successful subcontractors after the prime contract has been awarded (peddling)." (Id.) Without listing subcontractors for the Project, but only self-performing 12. 7% of the work, Skanska has the ability to leverage this and benefit from lower pricing on the Project. As noted above, Item 1L - Page 25
although Skanska subsequently provided information regarding its subcontractors following submission of its bid, the City may not now consider this information without providing Skanska a competitive advantage. This could lead to subcontractors not listed on the form to undercut the pricing of subcontractors listed on the form, including those that Swinerton listed in its Subcontractor Listing Form. That is, Skanska could now lower its overall contract price by receiving pricing from any and all subcontractors. And, this can be done free of bid time pressure unlike what Swinerton inevitably experienced uploading its Subcontractor Listing Form prior to bid time. This provides Skanska a competitive advantage that Swinerton did not have.
Further, because the City is unable to determine the identity or qualifications of Skanska's subcontractors from the face of the bid and, therefore, cannot determine whether that subcontractor has the qualifications necessary to perform the work, the City's only option would be to seek that information directly from Skanska post bid submission. However, if the "irregular'' bidder is given any role in deciding whether the irregularity will be waived, then that bidder has an unfair competitive advantage. (See Valley Crest Landscape, Inc. v. City Council (1996) 41 Cal.App.4th 1432; See also MCM Constr. v. City & County of San Francisco (1998) 66 Cal.App.4th 3594; Ghilotti Constr. Co. v. City of Richmond (1996) 45 Cal.App.4th 897; Monterey Mechanical Co. v. Sacramento Reg'/ County Sanitation Dist. (1996) 44 Cal.App.4th 1391.) The result of Skanska's bidding irregularity is the City does not have the opportunity to investigate and approve the initial subcontractors, a key element of the Act. The names of subcontractors are a vital element in determining subcontractor responsibility and by extension the bidder's responsibility (i.e., qualifications required to perform the work), which is a necessary prerequisite to contract award on a public works project. Specifically, the City is unable to determine any information regarding any of Skanska's subcontractor from the four corners of the bid. (See e.g.
Taylor Bus SeNice, Inc. v. San Diego Bd. Of Educ. (1987) 195 Cal.App.3d, 1331 [Bid responsiveness is determined based on the face of the bid and not on outside investigation or information.].) For the City, the results could be disastrous. "These practices often result in financial difficulties for subcontractors and poor workmanship ... " (E.F. Brady Co. v. M.H. Golden Co, supra, 58 Cal.App.4th at p. 190.)
"It is well established that 'a bid which substantially conforms to a call for bids may, though it is not strictly responsive, be accepted if the variance cannot have affected the amount of the bid or given the bidder an advantage or benefit not allowed other bidders or, in other words, if the variance is inconsequential. [Citations]'" (DeSilva Gates Construction, LP v. Department of Transportation (2015) 242 Cal.App.4th 1409, 1422; emphasis added.) It follows that when a bidder fails to conform completely, as opposed to substantially, by failing to provide a statutorily required subcontractor listing form in a manner not capable of being cured under the Act, the City must consider this a material mistake in the bid.
In short, submitting the Subcontractor Listing Form is a material part of the bid and without substantial compliance, i.e. submitting the form, the City cannot waive this material deviation. By requiring Swinerton to honor this requirement, but waive this deviation for Skanska, this provides Skanska a competitive advantage over Swinerton. The same result would occur if the City reviewed Skanska's late submitted Subcontractor Listing Form or applied Public Contract Code section 4106.
(b) Skanska's Failure to Submit its DBE Commitment Form and Good Faith Effort Renders Skanska's Bid Nonresponsive.
Item 1L - Page 26
The City has determined that Skanska's bid is non-responsive for failure to meet the federally mandated Disadvantaged Business Enterprise ("DBE") participation goal or to make good faith efforts to do so as required by law and the bid specifications.
The Project is federally funded and the City established a DBE goal of 12% for the Project. It was made clear in the bid documents that the Project was subject to federal DBE requirements.
Federal DBE regulations provide that when a DBE contract goal has been established, award of the contact must be made to a bidder who makes good faith efforts to meet it. (49 CFR, §
26.53(a).) To effectuate this requirement and as required by federal funding requirements, the City's bid documents required Skanska to complete and submit the DBE Commitment Form with its bid. In addition, the bid documents required Skanska to complete and submit the GFE Form within 5 calendar days from the date of the bid opening.
Skanska did neither. This does not comply with the clear instructions of the bid specifications and is a deviation that makes Skanska's bid non-responsive. (See e.g. Damar Electric, Inc. v. City of Los Angeles (1994) 9 Cal.4th 161, 175-176 ["[TJhe Board's action in rejecting Domar's bid due to the absence of the required good faith effort documentation is consistent with the general rule that bidding requirements must be strictly adhered to in order to avoid the potential for abuse in the competitive bidding process."].) Moreover, the DBE requirement is a federal regulation and the City's failure to comply with the federal DBE regulations in soliciting bids could result in the lack of federal funding.
(c) Even if Skanska's Defects are Immaterial, the City Has the Sole Discretion in Waiving Any Such Defects.
While the City has broad discretion to determine responsiveness and accept a bid that includes minor irregularities or mistakes, as long as such mistakes do not give a bidder an unfair competitive advantage, the City likewise has the discretion to demand strict compliance with its solicitation requirements. (See Menefee v. County of Fresno (1985) 163 Cal.App.3d 1175; Ghilloti Construction Co. v. City of Richmond (1996) 45 Cal.App.4th 897; Konica Business Machines v.
Regents of the University of California (1988) 206 Cal.App.3d 449.) A public agency has wide latitude to waive irregularities in a bidder's bid: "An agency has discretion to waive immaterial deviations from bid specifications and may accept the bid under certain conditions. The point of discretion is that the agency may properly act in either direction.
It may waive or refuse to waive such deviations." (MCM Const., Inc. v. City & County of San Francisco (1998) 66 Cal.App.4th 359, 374.) The point of vesting such wide ranging discretion in a public agency to waive immaterial irregularities in a bid is that there may be a myriad of policy reasons that may come to bear on a decision to accept a bid that does not strictly comply with the bid documents.
Such policy consideration support not waiving Skanska's bidding errors here, even if the City could waive them. The Court of Appeal in Konica Business Machines U.S.A., Inc. v. Regents of University of California, supra, 206 Cal.App.3d at p. 450 noted the following with respect to the legislative policies animating the requirements of competitive bidding:
The purpose of requiring governmental entities to conduct competitive bidding is to eliminate favoritism, fraud, and corruption; avoid misuse of public funds; and stimulate advantageous marketplace competition. Because of the potential for abuse of that purpose that is caused by deviations from strict adherence to contract standards, bids receive close judicial scrutiny. Contracts Item 1L - Page 27
awarded without strict compliance with bidding requirements will be set aside, even where there was in fact no corruption or adverse effect upon the bidding process; and even where the deviations would save the entity money. This is so because it is important to maintain integrity in government and because of the ease with which policy goals underlying competitive bidding requirements may be surreptitiously undercut.
Here, the City finds, among other things, the need for maintaining a level playing field between bidders supports its finding that Skanska's bid is nonresponsive. Accordingly, even if Skanska's bid defects are considered inconsequential deviations, given the specific facts in this procurement, the City would not exercise its discretion to waive these alleged inconsequential deviations.
It is the City's intention to recommend to the City Council that it reject Skanska's bid and award the contract to the lowest responsible bidder submitting a responsive bid, Swinerton. Skanska may appeal this decision in the manner set forth in the bid documents.
Sincerey, // . ~
Joel 01'/4~
Ci Engineer
y of Palm Springs
cc:
Enclosures: Screenshot of Bid Documents Received in PlanetBids Item 1L - Page 28
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Attachment C
Item 1L - Page 30
PSP BAGGAGE HANDLING IN-LINE SYSTEM PART VI – AGREEMENT CITY PROJECT NO. PSP-04
FEDERAL AID PROJECT NO. XXXX 5282(XXX) CONSTRUCTION CONTRACT – PAGE 1 APRIL 2025
AGREEMENT ____
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this day of , 20 , by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Swinerton Builders , a California corporation, hereinafter designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 -- THE WORK
For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the C ontract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled:
PSP BAGGAGE HANDLING IN-LINE SYSTEM
The Work c omprises modifications to the existing Palm Springs International Airport Baggage Handling System to a new full In- Line Baggage Handling System. This work is inclusive of all necessary provisions for building expansion. Additionally, a new sortation system and associated environmental canopy protection is included as well as any required site work, demolition, installation, et al. Necessary for a turnkey BHS solution as outlined in the contract drawings.
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work s hall be fu lly completed within the tim e specified in the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time s pecified in Article 2, herein, plus any extensions t hereof a llowed in a ccordance with applicable provisions of the Standard Specifications, as modified herein. The parties also recognize th e delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the Ci ty if the Work is not c ompleted on ti me. Accordingly, instead o f requiring any such proof, the City and the C ontractor agree t hat as liquidated damages o r delay ( but not a s a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to li quidated damages, and has made itself aware of the a ctual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These Item 1L - Page 31
PSP BAGGAGE HANDLING IN-LINE SYSTEM PART VI – AGREEMENT CITY PROJECT NO. PSP-04
FEDERAL AID PROJECT NO. XXXX 5282(XXX) CONSTRUCTION CONTRACT – PAGE 2 APRIL 2025
provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 3 -- CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in cu rrent funds the C ontract Price(s) named in the C ontractor's Bid Proposal and Bid Schedule(s), and any duly authorized C onstruction C ontract C hange Orders approved by the City. The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is SEVENTY- SEVEN MILLION, TWO HUNDRED AND EIGHT THOUSAND, ($77,208,000.00).
Contractor agree s to receive and a ccept the p rices set forth herein, as f ull compensation f or furnishing all materials, performing all work, and fulfi lling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its a cceptance including those for well and faithfully completing the Work and the w hole thereof in the manner and time specified in the Contract Documents; and, also includ ing those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of th e Work, sus pension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work.
ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, th e accepted Bid and Bid Schedule(s), List of Subcontractors, N on- Discrimination Certification, Non-Collusion Declaration, Equal Employment Opportunity Certification, Debarment and Suspension Certification, Non -Lobbying Certification for Federal Aid Contracts, Disclosure of Lobbying Activities, Bi dder's G eneral Information, Bi d Security or Bid B ond, Exhibit 15G Construction Contract DBE Commitment, Exhibit 15H DBE Information- Good Faith Efforts, Public Contract Code Section 10285.1 Statement, Public Contract Code Section 10162 Questionnaire, Public Contract Code Section 10232 Statement, this Agr eement, Worke r's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provision
s, th e Drawings, Addenda numbers 1 t o 3, inclusive, and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.
T
he Contract Documents shall also incorporate those certain Federal Requirements for Federal- Aid Construction Projects including, Form FHWA 1273, Female and Minority Goals, Title VI Assurances, Use of United States Flag Vessels, as well as the Davis Bacon Wage Determination for applicable prevailing wage rates, included in Exhibit “ C” attached hereto and made a part hereof. Exhibit “C” shall be included in all subcontracts $10,000 or more.
ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated Item 1L - Page 32
PSP BAGGAGE HANDLING IN-LINE SYSTEM PART VI – AGREEMENT CITY PROJECT NO. PSP-04
FEDERAL AID PROJECT NO. XXXX 5282(XXX) CONSTRUCTION CONTRACT – PAGE 3 APRIL 2025
project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.
City hereby agrees to employ, and does hereby employ, Contractor to provide th e materials, complete the Work, and fulfill the obligations a ccording to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.
ARTICLE 6 -- PAYMENT PROCEDURES
The C ontractor shall s ubmit A pplications fo r Payment in a ccordance with the Standard Specifications as amended by the S pecial Provisi ons. A pplications for Pay ment w ill b e processed by the City Engineer as provided in the Contract Documents.
ARTICLE 7 – NOTICES
All notices shall be in writing and either served by personal delivery or mailed to the other party.
Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.
ARTICLE 8 -- INDEMNIFICATION
Contractor shall provide indemnification and defense as set forth in Section 5-8 “Indemnification,” of the S pecial Provisions.
ARTICLE 9 -- PREVAILING WAGES
Contractor ag rees to fully comply w ith a ll applicable f ederal and state labor laws including, without lim itation California Labor Code Section 1720, e t seq., and 1770, et seq ., as we ll as Califo rnia Code of Regulations, T itle 8, Section 16000, et seq. ("Prevailing Wage Laws").
Contractor shall bear all risks of payment or non-payment of p revailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or li ability arising out of any failure or alleged failure to comply wit h the Prevailing Wage Laws.
C
ontractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.
ARTICLE 10 -- CONFLICT OF INTEREST
Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year Item 1L - Page 33
PSP BAGGAGE HANDLING IN-LINE SYSTEM PART VI – AGREEMENT CITY PROJECT NO. PSP-04
FEDERAL AID PROJECT NO. XXXX 5282(XXX) CONSTRUCTION CONTRACT – PAGE 4 APRIL 2025
thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
ARTICLE 11--NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting.
ARTICLE 12 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have t he meanings indi cated in s aid Standard Specifications and t he Special Provisions. No a ssignment by a par ty hereto of any right s under or int erests in t he Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be a ssigned without such consent (except to the extent that the effect of t his restriction may be limi ted by law), and unles s specifically stated to the contrary in any wri tten consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine.
When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Contractor shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Contractor shall also certify compliance with N-6- 22 by completing the form located in Exhibit “A” (Russian Sanctions Item 1L - Page 34
PSP BAGGAGE HANDLING IN-LINE SYSTEM PART VI – AGREEMENT CITY PROJECT NO. PSP-04
FEDERAL AID PROJECT NO. XXXX 5282(XXX) CONSTRUCTION CONTRACT – PAGE 5 APRIL 2025
Certification), attached hereto and incorporated herein by reference. Contractor shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
ARTICLE 13 – PROJECT LABOR AGREEMENT
13.1 Generally
The Work is subject to the City’s Community Workforce Agreement dated August 31, 2021 (“CWA” or “Project Labor Agreement” or “PLA”), a copy of which is on file with the City, available upon request, and incorporated herein by reference as if fully set forth herein. Contractor and all subcontractors of Contractor of any tier shall at all times comply with the requirements of the PLA in the prosecution of the Work.
Contractor has executed or agrees to execute and be bound by the terms of the PLA either directly or through the Letter of Assent (a form of which is attached to the PLA as Exhibit “B” and referred to herein as the “LOA”), and Contractor shall furnish evidence of compliance with the same to City prior to the commencement of any Work. Contractor further agrees to require, or has already required, each of its subcontractors, of whatever tier, to agree in writing in the form of a LOA to be bound by each and every provision of the PLA prior to the commencement of Work or at the time of such subcontract, whichever occurs first.
13.2 Subcontractors
Contractor shall include, and shall require all of Contractor’s subcontractors of any tier to include, contractual provisions in all contracts they enter into for the performance of the Work, requiring each subcontractor, of every tier, who furnishes any labor for the performance of Work, to comply with the provisions of the PLA at no additional cost.
13.3 Condition of Payment
Compliance by Contractor and all of Contractor’s subcontractors of any tier with the requirements of the PLA shall be a condition of Contractor’s right to payment under this Agreement.
13.4 Reformation
Any requirement currently set forth in, or hereafter developed, adopted or implemented pursuant to the terms of the PLA, that is applicable to the Project, that is not set forth herein or that is by mistake incorrectly stated, shall be deemed to be inserted in this Agreement and shall be read and enforced as though it were included herein; and, if through mistake or otherwise any such requirement is not inserted or if inserted and requires correction, then upon request of either party this Agreement shall forthwith be amended to make such insertion or correction.
13.5 Conflicts
In the event of a conflict between the PLA and any other provisions of the Contract Documents, the PLA shall control.
Item 1L - Page 35
PSP BAGGAGE HANDLING IN-LINE SYSTEM PART VI – AGREEMENT CITY PROJECT NO. PSP-04
FEDERAL AID PROJECT NO. XXXX 5282(XXX) CONSTRUCTION CONTRACT – PAGE 6 APRIL 2025
13.6 Costs of Compliance
Contractor represents and warrants that it has included in its bid all costs of compliance with the requirements of this Section 13.
13.7 Not a Limitation
The requirements of this Section 13 are in addition to, and not a limitation upon, the other applicable provisions of the Contract Documents.
SIGNATURES ON NEXT PAGE
Item 1L - Page 36
PSP BAGGAGE HANDLING IN-LINE SYSTEM PART VI – AGREEMENT CITY PROJECT NO. PSP-04
FEDERAL AID PROJECT NO. XXXX 5282(XXX) CONSTRUCTION CONTRACT – PAGE 7 APRIL 2025
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS
AND SWINERTON BUILDERS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1L - Page 37
PSP BAGGAGE HANDLING IN-LINE SYSTEM PART VI – AGREEMENT CITY PROJECT NO. PSP-04
FEDERAL AID PROJECT NO. XXXX 5282(XXX) EXHIBIT “A” – EXECUTIVE ORDER N-6-22 – PAGE 8 APRIL 2025
EXHIBIT “A”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Item 1L - Page 38
PSP BAGGAGE HANDLING IN-LINE SYSTEM PART VI – AGREEMENT CITY PROJECT NO. PSP-04
FEDERAL AID PROJECT NO. XXXX 5282(XXX) EXHIBIT “B” – LETTER OF ASSENT – PAGE 9 APRIL 2025
EXHIBIT “B”
LETTER OF ASSENT
A letter of assent is to be signed by all contractors awarded work covered by the City of Palm Springs Community Workforce Agreement prior to commencing work.
[Contractor’s Letterhead]
CWA Administrator
City of Palm Springs
Attn: Procurement & Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Community Workforce Agreement – Letter of Assent
City Project No. XX-XX
Dear Sir/Madame:
This is to confirm that [name of company] agrees to be part to and bound by the City of Palm Springs Community Workforce Agreement effective Month Day, Year , as such Agreement may, from time to time by the negotiating parties or interpreted pursuant to its terms. Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work.
Sincerely,
[Name of Construction Company]
By: [ ]
Name and Title of Authorized Executive
Contractor State License No.:
Business Address:
Business Phone:
Cc: San Bernardino/Riverside Counties Building and Construction Trades Council AFL- CIO
Item 1L - Page 39
PSP BAGGAGE HANDLING IN-LINE SYSTEM PART VI – AGREEMENT CITY PROJECT NO. PSP-04
FEDERAL AID PROJECT NO. XXXX 5282(XXX) EXHIBIT “C” – TITLE PAGE – PAGE 10 APRIL 2025
EXHIBIT “C”
FORM FHWA 1273
FEMALE AND MINORITY GOALS
TITLE VI ASSURANCES
AND
DAVIS BACON WAGE DETERMINATIONS
FOLLOWS THIS PAGE
Item 1L - Page 40
PSP BAGGAGE HANDLING IN-LINE SYSTEM PART VI – AGREEMENT CITY PROJECT NO. PSP-04
FEDERAL AID PROJECT NO. XXXX 5282(XXX) EXHIBIT “C” – FORM FHWA 1273 – PAGE 11 APRIL 2025
FHWA-1273 – Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels: ATTACHMENTS
A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA -1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency
contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e).
The applicable requirements of Form FHWA -1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. 23 CFR 633.102(e).
Form FHWA -1273 must be included in all Federal -aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider.
Contracting agencies may reference Form FHWA -1273 in
solicitation-for-bids or request -for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a
construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).
3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).
II.
NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activit ies under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by Item 1L - Page 41
PSP BAGGAGE HANDLING IN-LINE SYSTEM PART VI – AGREEMENT CITY PROJECT NO. PSP-04
FEDERAL AID PROJECT NO. XXXX 5282(XXX) EXHIBIT “C” – FORM FHWA 1273 – PAGE 12 APRIL 2025
reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, pre- apprenticeship, and/or on- the-job training."
2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual
responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e.
The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.
Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action 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 con tract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may Item 1L - Page 42
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reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacanci es without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women.
The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor f rom meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder.
Employers must provide reasonable accommodation in all
employment activities unless to do so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE)
program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4)Disqualifying the contractor from future bidding as non- responsible.
c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number and work hours of minority and non- minority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.
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As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right -of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40
U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis -Bacon poster (WH– 1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;
(ii) The classification is used in the area by the construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits , where appropriate), the contracting officer will, by email to [email protected], refer the questions, including the PSP BAGGAGE HANDLING IN-LINE SYSTEM PART VI – AGREEMENT CITY PROJECT NO. PSP-04
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views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under
paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination.
The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis - Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis -Bacon labor standards requirements and is held by the same prime contractor,
regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph
3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. P
riority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis -Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after Item 1L - Page 45
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the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system.
(2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH– 347 or in any other format desired.
Optional Form WH –347 is available for this purpose from the Wage and Hour Division website at
https://www.dol.gov/sites/dolgov/ files/WHD/
legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency.
(3) Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete;
(ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for
submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.
(5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31
U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor
standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity (29 CFR 5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
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(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph
4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or ot herwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the
requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act
requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR
5.5. 9. Disputes concerning labor standards. As provided in 29 CFR
5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the
U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40
U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S.
Code, Title 18 Crimes and Criminal Procedure, 18
U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 Item 1L - Page 47
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CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5.
2. Violation; liability for unpaid wages; liquidated damages.
In the event of any violation of the clause set forth in paragraph
1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to
satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and i s held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5.
In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime
contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding Item 1L - Page 48
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interpretation)
(1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources
(supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design- build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA - 1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.
88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR
2.101; 2 CFR 200.327.
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By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal -aid construction contracts, design- build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this
transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900- 180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered
Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppl
iers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR
180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedi es available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
* * * * *
2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;.
(2) Have not within a three- year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stol en property, 2 CFR 180.800;
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(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three- year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two- year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
* * * * *
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
* * * * *
4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants:
a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two- year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements)
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b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal -aid construction contracts, design- build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
T
his requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR
381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of- lading) and to the Office of Cargo and Commercial Sealift (MAR - 620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, ( c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Item 1L - Page 52
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Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.
5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.
6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.
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FEDERAL AID PROJECT NO. XXXX 5282(XXX) EXHIBIT “C” – FEMALE AND MINORITY GOALS – PAGE 24 APRIL 2025
FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal -Aid Construction Contracts," the following are for female and minority utilization goals for Federal - aid construction contracts and subcontracts that exceed $10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization (45 Fed Reg 65984 (10/3/1980)) are as follows:
MINORITY UTILIZATION GOALS
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:
28.9 25.6
19.6 14.9
9.1 17.1
23.2 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 Santa 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
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
178
Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12.3
CA Stanislaus
8120 Stockton, CA
24.3 CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne
179
Fresno-Bakersfield, CA
SMSA Counties:
0680 Bakersfield, CA 19.1
CA Kern
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2840 Fresno, CA CA Fresno
Non-SMSA Counties:
CA Kings; CA Madera; CA Tulare
26.1 23.6
180
Los Angeles, CA:
SMSA Counties: 11.9
0360 Anaheim-Santa Ana-Garden Grove, CA
CA Orange 28.3
4480 Los Angeles-Long Beach, CA
CA Los Angeles 21.5
6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura 19.0
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino 19.7
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara 24.6
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
181
San Diego, CA:
SMSA Counties 16.9
7320 San Diego, CA
CA San Diego 18.2
Non-SMSA Counties
CA Imperial
For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 4.
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TITLE VI ASSURANCES
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub- applicants, includi ng procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub- applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this informatio n, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub- agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub- agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions Item 1L - Page 56
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for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub- applicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR 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. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal -aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non -discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes Item 1L - Page 57
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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).
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PSP BAGGAGE HANDLING IN-LINE SYSTEM PART VI – AGREEMENT CITY PROJECT NO. PSP-04
FEDERAL AID PROJECT NO. XXXX 5282(XXX) EXHIBIT “C” – UNITED STATES FLAG VESSELS – PAGE 29 APRIL 2025
USE OF UNITED STATES-FLAG VESSELS
This provision is applicable to all Federal -aid construction contracts, design- build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal -aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
The Contractor agrees:
1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on- board’ commercial ocean bill -of- lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills - of-lading) and to the Office of Cargo and Commercial Sealift (MAR- 620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.
3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
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PSP BAGGAGE HANDLING IN-LINE SYSTEM PART VI – AGREEMENT CITY PROJECT NO. PSP-04
FEDERAL AID PROJECT NO. XXXX 5282(XXX) EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 30 APRIL 2025
DAVIS BACON WAGE DETERMINATION
Item 1L - Page 60
"General Decision Number: CA20250025 03/28/2025
Superseded General Decision Number: CA20240025
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Riverside County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________ |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 $17.75 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2025. | |______________________________|_____________________________| |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: | $13.30 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2025. | |______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
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Modification Number Publication Date
0 01/03/2025
1 01/10/2025
2 01/24/2025
3 02/07/2025
4 02/21/2025
5 02/28/2025
6 03/28/2025
ASBE0005-002 09/01/2023
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 49.58 25.27 Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 36.97 20.36 ---------------------------------------------------------------- ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 23.52 13.37 ---------------------------------------------------------------- BOIL0092-003 01/01/2024
Rates Fringes
BOILERMAKER......................$ 51.98 42.11 ---------------------------------------------------------------- * BRCA0004-011 05/01/2024
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 45.53 20.29 *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 ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-004 06/01/2024
Rates Fringes
MARBLE FINISHER..................$ 43.38 15.36 4/24/25, 8:25 AM SAM.gov
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TILE FINISHER....................$ 37.96 13.77 TILE LAYER.......................$ 51.82 19.32 ---------------------------------------------------------------- * BRCA0018-010 09/01/2024
Rates Fringes
TERRAZZO FINISHER................$ 42.11 14.67 TERRAZZO WORKER/SETTER...........$ 49.62 15.26 ---------------------------------------------------------------- CARP0213-001 01/01/2024
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 48.86 22.88
(2) Millwright..............$ 49.36 22.88
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 48.99 22.88
(4) Pneumatic Nailer,
Power Stapler...............$ 51.85 16.28
(5) Sawfiler...............$ 51.69 16.28
(6) Scaffold Builder.......$ 40.77 22.38
(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 01/01/2024
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 48.86 22.88
STOCKER/SCRAPPER............$ 20.80 9.97
---------------------------------------------------------------- CARP0721-001 07/01/2021
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Rates Fringes
Modular Furniture Installer......$ 21.85 7.15 ---------------------------------------------------------------- ELEC0440-001 12/30/2024
Rates Fringes
ELECTRICIAN
INSIDE ELECTRICIAN..........$ 56.26 3%+28.48
INTELLIGENT TRANSPORTATION
SYSTEMS
Electrician................$ 36.99 3%+23.18
Technician.................$ 27.75 3%+23.18
ZONE PAY: Zone A: Free travel zone for all contractors
performing work in Zone A.
Zone B:Any work performed in Zone (B) shall add $12.00 per hour to the current wage scale. Zone (B) shall be the area from the eastern perimeter of Zone (A) to a line which runs north and south begininng at Little Morongo Canyon (San Bernardino/Riverside County Line), Southeast along the
Coachella Tunnels, Colorado River Aqueduct and Mecca
Tunnels to Pinkham Wash then South to Box Canyon Road, then southwest along Box Canyon Road to Highway 195 west onto 195 south to Highway 86 to Riverside/Imperial County Line. ---------------------------------------------------------------- ELEC1245-001 01/01/2025
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 70.16 24.71
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 53.30 22.26
(3) Groundman...............$ 40.76 21.76
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
---------------------------------------------------------------- ELEV0018-001 01/01/2025
Rates Fringes
ELEVATOR MECHANIC................$ 69.43 38.435+a+b FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
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---------------------------------------------------------------- ENGI0012-004 08/01/2024
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 64.10 38.75
(2) Dredge dozer............$ 58.13 38.75
(3) Deckmate................$ 58.02 38.75
(4) Winch operator (stern
winch on dredge)............$ 57.47 38.75
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 56.93 38.75
(6) Barge Mate..............$ 57.54 38.75
---------------------------------------------------------------- ENGI0012-024 07/01/2023
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 53.90 32.80
GROUP 2....................$ 54.68 32.80
GROUP 3....................$ 54.97 32.80
GROUP 4....................$ 56.46 32.80
GROUP 6....................$ 56.68 32.80
GROUP 8....................$ 56.79 32.80
GROUP 10....................$ 56.91 32.80
GROUP 12....................$ 57.08 32.80
GROUP 13....................$ 57.18 32.80
GROUP 14....................$ 57.21 32.80
GROUP 15....................$ 57.29 32.80
GROUP 16....................$ 57.41 32.80
GROUP 17....................$ 57.58 32.80
GROUP 18....................$ 57.68 32.80
GROUP 19....................$ 57.79 32.80
GROUP 20....................$ 57.91 32.80
GROUP 21....................$ 58.08 32.80
GROUP 22....................$ 58.18 32.80
GROUP 23....................$ 58.29 32.80
GROUP 24....................$ 58.41 32.80
GROUP 25....................$ 58.58 32.80
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 55.25 32.80
GROUP 2....................$ 56.03 32.80
GROUP 3....................$ 56.32 32.80
GROUP 4....................$ 56.46 32.80
GROUP 5....................$ 56.68 32.80
GROUP 6....................$ 56.79 32.80
GROUP 7....................$ 56.91 32.80
GROUP 8....................$ 57.08 32.80
GROUP 9....................$ 57.25 32.80
GROUP 10....................$ 58.25 32.80
GROUP 11....................$ 59.25 32.80
GROUP 12....................$ 60.25 32.80
GROUP 13....................$ 61.25 32.80
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 55.75 32.80
GROUP 2....................$ 56.53 32.80
GROUP 3....................$ 56.82 32.80
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GROUP 4....................$ 56.96 32.80
GROUP 5....................$ 57.18 32.80
GROUP 6....................$ 57.29 32.80
GROUP 7....................$ 57.41 32.80
PREMIUM PAY:
$10.00 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);Coil Tubing Rig 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);Direct Push
Operator (Geoprobe or similar types) 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 6: Articulating material hauler; Asphalt plant
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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 types; Cable Bundling Machine Operator
(excluding handheld); Cable Trenching Machine Operator
(Spider Plow or similar types) 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; RCM Cementing Unit Operator, Rail/Switch Grinder Operator (Harsco or similar types)
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 4/24/25, 8:25 AM SAM.gov
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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 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 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, 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
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(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
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,
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Caterpillar and similar type, over 50 cu. yds. struck); Spyder Excavator Operator, with all attachments
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 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.);
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) ; Tower crane operator and tower gantry
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
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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)
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 4/24/25, 8:25 AM SAM.gov
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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 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.
$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the 4/24/25, 8:25 AM SAM.gov
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Western half of the NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
---------------------------------------------------------------- IRON0433-006 01/01/2025
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IRONWORKER
Fence Erector...............$ 45.78 26.51
Ornamental, Reinforcing
and Structural..............$ 50.70 35.15
PREMIUM PAY:
$9.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0300-005 07/01/2024
Rates Fringes
Asbestos Removal Laborer.........$ 43.88 25.13 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 07/01/2024
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LABORER (GUNITE)
GROUP 1.....................$ 53.48 22.77
GROUP 2.....................$ 52.53 22.77
GROUP 3.....................$ 48.99 22.77
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
---------------------------------------------------------------- LABO1184-001 07/01/2024
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Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 45.34 20.06
(2) Vehicle Operator/Hauler.$ 45.51 20.06
(3) Horizontal Directional
Drill Operator..............$ 47.36 20.06
(4) Electronic Tracking
Locator.....................$ 49.36 20.06
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 46.65 23.17
GROUP 2.....................$ 47.95 23.17
GROUP 3.....................$ 49.96 23.17
GROUP 4.....................$ 51.70 23.17
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
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GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
---------------------------------------------------------------- LABO1184-002 07/01/2022
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LABORER (TUNNEL)
GROUP 1.....................$ 45.68 23.30
GROUP 2.....................$ 46.00 23.30
GROUP 3.....................$ 46.46 23.30
GROUP 4.....................$ 47.15 23.30
LABORER
GROUP 1.....................$ 36.39 21.04
GROUP 2.....................$ 36.94 21.04
GROUP 3.....................$ 37.49 21.04
GROUP 4.....................$ 39.04 21.04
GROUP 5.....................$ 39.39 21.04
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger 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
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chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast
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
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(for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ---------------------------------------------------------------- LABO1184-004 07/01/2024
Rates Fringes
Brick Tender.....................$ 41.53 22.54 ---------------------------------------------------------------- LABO1414-001 08/03/2022
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 38.92 23.32
PLASTER TENDER..............$ 41.47 23.32
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0036-001 07/01/2023
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59 17.12
(2) All Other Work..........$ 38.52 18.64
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.
---------------------------------------------------------------- PAIN0036-008 09/01/2024
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 49.33 26.82 ---------------------------------------------------------------- * PAIN0036-015 01/01/2025
Rates Fringes
GLAZIER..........................$ 53.05 30.64 4/24/25, 8:25 AM SAM.gov
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FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
---------------------------------------------------------------- PLAS0200-009 08/03/2022
Rates Fringes
PLASTERER........................$ 47.37 19.64 ---------------------------------------------------------------- PLAS0500-002 07/01/2023
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 44.00 27.11 ---------------------------------------------------------------- PLUM0016-001 09/01/2024
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.................$ 57.67 25.63
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 44.24 23.96
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........................$ 59.48 26.61
---------------------------------------------------------------- PLUM0345-001 09/01/2023
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 40.20 25.90
Sewer & Storm Drain Work....$ 44.29 23.28
---------------------------------------------------------------- ROOF0036-002 08/01/2024
Rates Fringes
ROOFER...........................$ 49.43 20.58 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 $1.75 per hour ""pitch premium"" pay.
4/24/25, 8:25 AM SAM.gov
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---------------------------------------------------------------- SFCA0669-002 01/01/2025
Rates Fringes
SPRINKLER FITTER.................$ 47.45 28.50 ---------------------------------------------------------------- SHEE0105-003 01/01/2025
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work........................$ 59.31 30.43
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 56.95 30.04
---------------------------------------------------------------- TEAM0011-002 07/01/2024
Rates Fringes
TRUCK DRIVER
GROUP 1....................$ 39.59 34.34
GROUP 2....................$ 39.74 34.34
GROUP 3....................$ 39.87 34.34
GROUP 4....................$ 40.06 34.34
GROUP 5....................$ 40.09 34.34
GROUP 6....................$ 40.12 34.34
GROUP 7....................$ 40.37 34.34
GROUP 8....................$ 40.62 34.34
GROUP 9....................$ 40.82 34.34
GROUP 10....................$ 41.12 34.34
GROUP 11....................$ 41.62 34.34
GROUP 12....................$ 42.05 34.34
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
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GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over
GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
---------------------------------------------------------------- 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 4/24/25, 8:25 AM SAM.gov
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the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).
---------------------------------------------------------------- The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.
Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are 4/24/25, 8:25 AM SAM.gov
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Item 1L - Page 81
based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.
-----------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to [email protected] or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to [email protected] or by mail to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). 4/24/25, 8:25 AM SAM.gov
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Requests for review and reconsideration can be submitted via email to [email protected] or by mail to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210.
================================================================ END OF GENERAL DECISION"
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Item 1L - Page 83
CITY COUNCIL STAFF REPORT
07/09/2025
SUBJECT:
APPROVAL OF AMENDMENT NO. 3 TO SERVICES AGREEMENT NO. 23S080
WITH THE AMERICAN ASSOCIATION OF AIRPORT EXECUTIVES TO PROVIDE
MANDATED BACKGROUND VETTING AND COMPUTER-BASED TRAINING FOR
THE PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
Approve Amendment No. 3 to Services Agreement No. 23S080 with the American Association of Airport Executives to provide mandated background vetting and computer-based training for the Palm Springs International Airport for an additional amount of $210,000 for a revised contract amount not to exceed $355,675, and extend the contract term for two-years, July 1, 2023, through June 30, 2028.
1. Authorize the City Manager or designee to execute all necessary documents.2.
Attachments
Item 1M
CITY COUNCIL STAFF REPORT
DATE: JU LY 9, 2025 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO SERVICES AGREEMENT NO. 23S080 WITH THE AMERICAN ASSOCIATION OF AIRPORT
EXECUTIVES TO PROVIDE MANDATED BACKGROUND VETTING AND
COMPUTER-BASED TRAINING FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:
This action will approve Amendment No. 3 to Service s Agreement No. 23S080 (Agreement) with the American Association of Airport Executives (AAAE) in an amount of $210,000 for a revised contract amount not to exceed $355,675, to provide mandated background vetting and computer -based training for the Palm Springs International Airport (Airport).
RECOMMENDATION:
1) Approve Amendment No. 3 (Attachment A) to Servic es Agreement No. 23S080 with the American Association of Airport Executives to provide mandated background vetting and computer-based training for the Palm Springs International Airport for an additional amount of $210,000 for a revised contract amount not to exceed $3 55,675, and extend the contract term for two-years, July 1, 2023, through June 30, 2028.
2) Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure Form ( Attachment B) submitted on March 14, 2023, AAAE is a Virginia Corporation registered in the states of Virginia and California.
Item 1M - Page 1
City Council Staff Report
July 9, 2025 -- Page 2
Approve Amendment No. 3 to Services Agreement No. 23S080
BACKGROUND:
Individuals seeking employment with the Department of Aviation, and airlines, concessionaires, and service providers and contractors at the Palm Springs International Airport must undergo a multiple-step background check in order to obtain badges that are required to obtain access to secured areas of the Airport campus. In April 2023, the Airport on average was screening 1,100 applicants each year. Once the background check has been successfully completed, applicants are required to take a computer -based interactive training course on safety and security procedures at the Airport. Recurrent training is also offered to badge holders. In addition, direct employees of the Department of Aviation can access online computer-based training courses as needed to comply with new requirements as well as elective courses to further their knowledge on relevant Airport topics.
On July 27, 2023, the City Council approved Services Agreement No. 23S080 with AAAE to provide mandated background vetting and computer -based training for the Palm Springs International Airport for a three- year term, commencing on July 1, 2023, and ending on June 30, 2026, for a contract amount not to exceed $126,675.
On July 1, 2024, the City Manager approved Amendment No. 1 to Services Agreement No. 23S080 to increase compensation in the amount of $3,500 to integrate the AAAE IET employee training system with the AirBadge, LLC (AirBadge) badging system to enable direct transfer communication from AAAE to AirBadge, for a new not to exceed amount of $130,175. Also on July 1, 2024, the City Manager approved Amendment No. 2 to Services Agreement No. 23S080 to amend the Agreement to revise the scope of services and increase compensation to include additional training videos for badged employees in the training portal for an additional amount of $15,500, and a new not to exceed amount of $145,675.
STAFF ANALYSIS:
The Airport has been utilizing the sole source services of AAAE for over two decades to provide computer -based training to Airport employees. Training videos include new employee hire materials as well as required and elective training videos on safety, security, Federal Aviation Administration (FAA) requirements, Transportation Security Administration (TSA) requirements, Aircraft Rescue and Fir efighting, and Airport management topics.
The approval of the Airport’s concession agreements for retail and food and beverage services in December 2022 increased the Airport’s retail and food and beverage service locations which required construction projects and an increase in concessionaire staffing, which significantly increased the demand for mandated background vetting and computer-based training as depicted in Figure 1 , which depleted the full Agreement amount of $126,675 as of June 2025. Moreover, with the Airport’s upcoming projects such as the In- Line Baggage Handling System Project which will require the badging for Item 1M - Page 2
City Council Staff Report
July 9, 2025 -- Page 3
Approve Amendment No. 3 to Services Agreement No. 23S080
numerous contractors and subcontractors , it is crucial for the agreement funding to be increased and for the term to be extended for two years.
Calendar Year
Number of Criminal
History Record Checks Badge Applications
2023 700 2107
2024 863 2665
2025 (Jan – June) 373 760
Figure 1
The difference between the Number of Criminal History Record Checks (CHRC) and Badge Applications is due to certain Airport tenants not falling under the CHRC requirements such as Federal, State and Local Tribal Law Enforcement employees, and Skywest Airlines provides their own CHRC’s for their maintenance and inflight employees.
Staff is recommending the approval of Amendment No. 3 to Services Agreement No. 23S080 with the American Association of Airport Executives to provide mandated background vetting and computer -based training for the Palm Springs International Airport for an additional amount of $210,000 for a revised contract amount not to exceed $355,675, and extend the contract term two-years, July 1, 2023, through June 30, 2028.
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
Approval of this action supports the City of Palm Springs’ 2023/25 Strategic Plan Major Themes/Principles for optimizing basic services and facilities, and it also supports the Airport’s 2025-2029 Strategic Plan’s Strategic Priorities for Operational Excellence.
FISCAL IMPACT:
There is $70,000 budgeted in Department of Aviation, Aviation Security Contractual Services Account 4157026-40105 for Fiscal Year 2025- 2026 and $70,000 is budgeted in Department of Aviation, Aviation Security Contractual Services Account 4157026-40105 for Fiscal Year 2026-2027. T he remaining amount for Fiscal Year 2027- 2028 will be budgeted in future fiscal years.
Item 1M - Page 3
City Council Staff Report
July 9, 2025 -- Page 4
Approve Amendment No. 3 to Services Agreement No. 23S080
REVIEWED BY:
Executive Director of Aviation: Harry Barrett Jr.
Procurement and Contracting Manager: Tabitha Richards
City Attorney: Geremy Holm
City Manager: Scott Stiles
ATTACHMENTS:
A. Amendment No.3 to Services Agreement No. 23S080
B. Public Integrity Disclosure
Item 1M - Page 4
ATTACHMENT A
AMENDMENT NO. 3 TO
AGREEMENT NO. 23S080 WITH AMERICAN
ASSOCIATION OF
AIRPORT EXECUTIVES (AAAE)
Item 1M - Page 5
55575.18100\42913029.1
(BB&K 2024)
AMENDMENT NO. 3 TO THE
SERVICES AGREEMENT NO. 23S080 BETWEEN THE CITY PALM SPRINGS
AND THE AMERICAN ASSOCIATION OF AIRPORT EXECUTIVES (AAAE)
1. Parties and Date.
This Amendment No. 3 to Services Agreement 23S080 is made and entered into as of this 10th day of July, 2025 , by and between the City of Palm Springs, a California charter city and municipal corporation (“City ”), and the American Association of Airport Executives (AAAE), a Corporation. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. City and Contractor entered into an agreement titled “Services Agreement No. 23S080” dated July 1, 2023 (“Agreement”) for the purpose of providing Designated Aviation Channeling (DAC) services via AAAE’s Transportation Security Clearinghouse and support of Computer Based Training (CBT) solutions to operate effectively and efficiently, in accordance with federal regulations (Services) at the Palm Springs International Airport for an amount of $126,675 and a term of July 1, 2023 to June 30, 2026.
2.2 Amendment No. 1. City and Contractor entered into Amendment No. 1 to the Agreement, dated July 1 , 2024, to increase compensation in the amount of $3,500 to integrate the AAAE IET employee training system with the AirBadge, LLC (AirBadge) badging system to enable direct transfer communication from AAAE to AirBadge, for a new not to exceed amount of $130,175.
2.3 Amendment No. 2. City and Contractor entered into Amendment No. 2 to the Agreement, dated July 1, 2024, to amend the Agreement to revise the scope of services and increase compensation to include additional training videos for badged employees in the training portal for an additional amount of $15,500, and a new not to exceed amount of $145,675.
2.4 Amendment Purpose. City and Contractor now desire to amend the Agreement to increase compensation for mandated background vetting and computer -based training and to extend the term for two years.
2.5 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 3.3 of the Agreement.
3. Terms.
3.1 Amendment to Section 1. Section 1 Purpose of Agreement; Scope of Services is hereby amended to include services described in Exhibit “ B2” attached hereto and incorporated herein by reference.
3.2 Amendment to Section 2.1. Section 2.1 Fees and Payment of Contractor of the Agreement is hereby amended to increase the contract in the amount of $ 210,000 as described in Exhibit “B2” attached hereto and incorporated herein by reference. The total amount of Compensation shall not exceed $355,675.
Item 1M - Page 6
55575.18100\42913029.1
(BB&K 2024)
3.3 Amendment to Section 3.1. Section 3.1 Term of the Agreement is hereby amended in its entirety to read as follows:
"3.1 Term. Unless earlier terminated in accordance with Section 3.2 or 3.3 of this Agreement, this Agreement shall continue in full force and effect for a period of f ive years, commencing on July 1, 2023 , and ending on June 30, 2028 , unless extended by mutual written agreement of the Parties.”
3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No.3.
3.6 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3 .7 Counterparts. This Amendment No. 3 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Item 1M - Page 7
55575.18100\42913029.1
(BB&K 2024)
SIGNATURE PAGE FOR AMENDMENT NO. 3 TO SERVICES AGREEMENT 23S080 BETWEEN
THE CITY PALM SPRINGS AND THE AMERICAN ASSOCIATION OF AIRPORT EXECUTIVES (AAAE)
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: ____________________________ By: ____________________________ Signature Signature
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: ___________ Item No. ___________
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1M - Page 8
55575.18100\42913029.1
(BB&K 2024)
Fees for DAC Services
Airport shall pay AAAE:
• Twenty-eight dollars ($28.00) per electronic fingerprint -based Criminal History Record Check (CHRC)
• Eleven dollars ($11.00) per Security Threat Assessment (STA)
• Two Dollars ($2.00) per Rap Back subscription
• Two dollars ($2.00) per CBP eBadge enrollment
• Twenty-five cents ($0.25) per active applicant per month Data Retention Fee The AAAE reserves the right to adjust any of the above fees in the event the federal government implements a new or updated fee.
Fees for Digicast Subscription (July 1, 2026- June 30, 2028)
The Airport shall pay AAAE $4,617 annually.
Fees for support of Interactive Employee Training (July 1, 2026- June 30, 2028)
The Airport shall pay AAAE $13,860 annually.
Total Compensation not to exceed $355,675
EXHIBIT “B2”
Item 1M - Page 9
ATTACHMENT B
PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1M - Page 10
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State
If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Managers , Trustees, Other Fiduc iaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
Amercian Associaiton of Airport Executives
601 Madison Street, Alexandria, VA 22314
Virginia
Todd Hauptli, President & CEO
Mark Gale, Chair
Perry Miller, First Vice Chair
Item 1M - Page 11
~~------'✓L___
✓
✓
✓
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
B.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
C.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
D.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
E.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title
Date
N/A
3/14/23
Item 1M - Page 12
CITY COUNCIL STAFF REPORT
07/09/2025
SUBJECT:
AUTHORIZE THE PURCHASE OF ARCHER ANTI-VEHICLE BARRIER TRAILER KITS AND 3 TRANSPORT VEHICLES
RECOMMENDATION:
Approve the issuance of a purchase order to Meridian Rapid Defense Group for the purchase of six (6) Archer Anti-Vehicle Barrier Trailer Kits including eighty-two (82) Archer 1200 Barriers and accessories necessary for deployment in an amount not to exceed $1,095,493.40 inclusive of a 5% contingency.
1. Approve the issuance of a purchase order to Fiesta Ford Inc., for the purchase of three (3) new 2026 Ford F-250 XL Crew Cab 4x4 trucks in an amount not to exceed $163,219.99, inclusive of 5% contingency.
2. Authorize the City Manager or designee to execute all necessary documents. 3.
Attachments
Item 1N
CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2025 CONSENT CALENDAR
SUBJECT: AUTHORIZE THE PURCHASE OF ARCHER ANTI -VEHICLE BARRIER TRAILER KITS AND 3 TRANSPORT VEHICLES
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:
This action will authorize the sole- source purchase of six (6) Archer Anti-Vehicle Barrier Trailer Kits including eighty-two (82) Archer 1200 Barriers and accessories necessary for deployment from Meridian Rapid Defense Group. In addition, this action will authorize the purchase of three (3) new 2026 Ford F-250 XL Crew Cab 4x4 trucks from Fiesta Ford for the purpose of transporting and deploying the trailer kits, in a combined amount not to exceed $1,258,713.39.
RECOMMENDATION:
1) Approve the issuance of a purchase order to Meridian Rapid Defense Group for the purchase of six (6) Archer Anti -Vehicle Barrier Trailer Kits including eighty -two (82) Archer 1200 Barriers and accessories necessary for deployment in an amount not to exceed $1,095,493.40 inclusive of a 5% contingency.
2) Approve the issuance of a purchase order to Fiesta Ford Inc., for the purchase of three (3) new 2026 Ford F -250 XL C rew Cab 4x4 trucks in an amount not to exceed $163,219.99, inclusive of 5% contingency.
3) Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
Public Integrity Disclosure forms are included as Attachment A.
BACKGROUND:
Palm Springs is renowned for its lively event scene, hosting major festivals like the Palm Springs International Film Festival, Modernism Week, Palm Springs Pride, and the Festival of Lights Parade, as well as weekly gatherings such as VillageFest.
Item 1N - Page 1
City Council Staff Report
July 9, 2025 -- Page 2
Authorize Purchase of Archer Anti-Vehicle Barriers, Trailer Kits and 3 Transport Vehicles
The City currently has non- functioning permanent in-ground safety bollards installed at four locations on active streets. The locations include:
• Amado & Palm Canyon
• La Plaza & Palm Canyon
• Belardo at Andreas
• Belardo at Museum Way
There are also functional bollards on Museum Way, a non- active street with pedestrian access only.
Additionally, the existing bollards at the Amado & Palm Canyon and La Plaza & Palm Canyon intersections do not completely cross and block those intersections , leaving substantial gaps in security coverage. Rectifying these issues by expanding and repairing the existing in-ground bollards would be prohibitively expensive and impractical, given the extensive installation requirements all along Palm Canyon Drive on both sides of the street. Staff does not recommend proceeding with repairs to the outdated technology and non-functioning bollards.
The proposed Meridian Archer Anti -Vehicle Barriers barricades provide a superior, flexible alternative that allows the City to efficiently manage both small and large events.
The Meridian barriers offer rapid deployment capabilities, ensuring appropriate s afety measures are in place quickly and effectively. The barriers are engineered specifically to withstand vehicle intrusions and provide greater operational flexibility, enabling City staff to easily adjust barrier configurations to accommodate event -specific requirements and to provide prompt access for Police and Fire personnel when needed.
Public Works has collaborated closely with Police, Fire, and Parks & Recreation departments to assess the community’s event security needs. This collaborative review concluded that the Meridian barricades present the most efficient and economical solution to significantly enhance public safety at C ity events, including VillageFest (50 events annually) and approximately 42 others throughout Palm Springs.
Furthermore, funding for the Meridian barriers, trailers, and necessary vehicles has already been identified and approved by the Measure J Commission. This funding is available from balances remaining from funds allocated in 2018 for the now-defunct in- ground bollard project.
STAFF ANALYSIS:
Meridian Rapid Defense Group's Anti -Vehicle Barriers represent a comprehensive approach to event security, providing superior protection against vehicle intrusion. The Archer 1200 barriers are uniquely designed for rapid deployment and are certified under rigorous safety standards, including US Departments of Defense and Homeland Security.
Item 1N - Page 2
City Council Staff Report
July 9, 2025 -- Page 3
Authorize Purchase of Archer Anti-Vehicle Barriers, Trailer Kits and 3 Transport Vehicles
Meridian barriers offer significant operational advantages over traditional security measures (such as water -filled or fixed barriers), including rapid deployment, easy mobility, and configuration versatility.
In accordance with City of Palm Springs Municipal Code Section 7.03.09, which governs the use of sole source procurement, the Public Works Department is proposing to make a purchase from Meridian Rapid Defense Group as a sole source provider.
Meridian Rapid Defense Group has submitted a quote for six ( 6) Meridian Archer Trailer Kit 1000 units, including 82 Archer 1200 Barrier and accessories necessary for deployment.
Item Quantity Price ea. Total
Meridian Archer Trailer Kit 1000 6 $34,247.85 $205,487.10 Archer 1200 Barriers 82 $6,513.75 $534,127.50
Accessories $198,327.32
Tax 9.25% $86,390.13
Freight $18,995.00
Total $1,043,327.05
Contingency 5% $52,166.35
Grand Total $1,095,493.40
The Public Works Department conducted a competitive pricing analysis for transport vehicles required to deploy the barriers. Quotes were obtained from Fiesta Ford, Palm Springs Motors, and National Auto Fleet Group. Fiesta Ford provided the lowest pricing, as identified by the table below:
Vendor Quantity Price (per unit) Total
National Auto Fleet Group 3 $63,037.63 $189,112.89
Palm Springs Motors 3 $60,741.64 $182,224.92
Fiesta Ford 3 $51,815.87 $155,447.61
5% Contingency $7,772.38
Total $163,219.99
*Year make and model may change due to availability
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Item 1N - Page 3
City Council Staff Report
July 9, 2025 -- Page 4
Authorize Purchase of Archer Anti-Vehicle Barriers, Trailer Kits and 3 Transport Vehicles
Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
Approval of this action supports City Council Priorities of Community Infrastructure and Public Safety.
FISCAL IMPACT:
Sufficient funding is available in Measure J account 2603080-80000.
REVIEWED BY:
Assistant Director of Public Works: Daniel Martinez
Director of Public Works: David McAbee
Procurement and Contracting Manager: Tabitha Richards
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Public Integrity Disclosure Form
Item 1N - Page 4
AT
TACHMENT A
Item 1N - Page 5
Item 1N - Page 6
Who Must File?
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions.
Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.
Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor's interest in the applicant entity, in relation to the application's outcome.
When Must I FIie?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.
(Revised 09 13 18)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)
Item 1N - Page 7
What Must I Disclose?
A. The names of all natural persons who are officers, directors , members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).
Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members , managers , trustees , etc., of the second entity must be disclosed).
B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney.
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 0913 18)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)
Item 1N - Page 8
1. 2.
3. 4.
5. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Meridian Rapid Defense Group, LLC
Address of Entity (Principle Place of Business)
530 New Los Angeles Avenue #115-345
Moorpark, CA 93021
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State Pe 14 w ci re
If other than California, is the Entity also registered in California? l'.:i!"Yes n No Type of Entity
D Corporation xg) Limited Liability Company D Partnership D Trust D Other (please soecifv)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Pe~~ W h,t--furv/ D Officer O Director rj' Member l>'I Manager [name]
D General Partner D Limited Partner
Other
D Officer O Director O Member D Manager
[name]
D General Partner O Limited Partner
Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
Item 1N - Page 9
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
•
P-e~r Wh,1--Sv-~ JOO ~v f1"'\-et"",cl1C<)'\ Ror•°'
Oe..f;.k\t"' 0 rovl! J... LC
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosin~ rty) 7 int: d Name, Title Date
1-t ~ .. ~ I • f ;;'po';J-.. Co i,. t /1q ti,.
~ ~ -k,OVl"'r°'lACC l.t.c.~
(Revised 09 13 18)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
CITY COUNCIL STAFF REPORT
07/09/2025
SUBJECT:
REQUEST FOR EARLY CONSTRUCTION START TIMES FOR CONSTRUCTION
ACTIVITIES AT THE COLLEGE OF THE DESERT PALM SPRINGS CAMPUS SITE,
LOCATED AT SOUTHWEST CORNER OF TAHQUITZ CANYON WAY AND
FARRELL DRIVE
RECOMMENDATION:
Approve the requested early construction start time of 5:00 am, Monday through Friday, between the dates of July 10th to September 20th, 2025, and between the dates of May 1st and September 30th, 2026, subject to the continuous monitoring of noise complaints and impacts to adjacent properties and residents.
Attachments
Item 1O
CITY COUNCIL STAFF REPORT
D
ATE: JULY 9, 2025 CONSENT CALENDAR
SU
BJECT: REQUEST FOR EARLY CONSTRUCTION START TIMES FOR
CONSTRUCTION ACTIVITIES AT THE COLLEGE OF THE DESERT
PALM SPRINGS CAMPUS SITE, LOCATED AT SOUTHWEST CORNER
OF TAHQUITZ CANYON WAY AND FARRELL DRIVE
F
ROM: Scott C. Stiles, City Manager
BY: B
uilding & Safety Department
S
UMMARY:
C.
W. Driver, on behalf of College of the Desert, has submitted a request to start general construction activities earlier than permitted by City ordinance. Palm Springs Municipal Code (PSMC) Section 8.04.220 limits construction start times to 7:00 am, Monday through Friday. The applicant is requesting a construction start time of 5:00 am, Monday through Friday, for limited periods during the summer months. The Building Official may approve an early work schedule upon a demonstration of sufficient need due to unusual or compelling circumstances.
RE
COMMENDATION:
Approve the requested early construction start time of 5:00 am, Monday through Friday, between the dates of July 10 th to September 20th, 2025, and between the dates of May 1st and September 30th, 2026, subject to the continuous monitoring of noise complaints and impacts to adjacent properties and residents.
BU
SINESS PRINCIPAL DISCLOSURE:
C
.W. Driver has submitted a Public Integrity Disclosure form, which is included as Attachment C to this staff report.
B
ACKGROUND:
O
n February 16, 2023, the Desert Community College District Board of Trustees approved the schematic design plan and a final budget for the Palm Springs campus.
The campus will include approximately 175,000 square feet of space in multiple buildings and will include a culinary and hospitality institute , digital media and arts instruction, an Item 1O - Page 1
City Council Staff Report
July 9, 2025 -- Page 2
COD Early Construction
architecture program, a student healthcare center and health instruction, and facilities for accelerated learning and the PaCE (Partnership and Community Education) program. In addition, the campus will include an events center of approximately 23,000 square feet.
Construction on the campus began in December 2024 and is expected to be completed in the spring of 2027.
STAFF ANALYSIS:
PSMC Chapter 8.04.220 limits construction to between the hours of 7 :00 am and 7:00 pm, Monday through Friday, and between 8:00 am and 5:00 pm on Saturday. No work is permitted on Sundays and City holidays. However, the Building Official may approve an early work schedule based upon demonstrated need. While the code allows approval of these requests as a ministerial action, it has been the practice of City staff to forward such requests to the City Council.
C.W. Driver, the contractor that is building the college campus, has submitted a request for early construction start times as follows:
• 5:00 am start time, Monday through Friday between July 10 th and September 20th,
2025; and
• 5:00 am start time, Monday through Friday between May 1st and September 30th, 2026.
One of the primary reasons for the request is due to the high summer temperatures in Palm Springs and the impacts of heat as it relates to the curing of structural concrete.
Higher temperatures result in accelerated moisture loss in the concrete mixture, which can increase the risk of shrinkage and cracking. In addition, higher temperatures during concrete pouring can reduce the compressive strength of the concrete and impact long- term durability. Another reason for the request is to reduce heat injuries to workers , especially as climate change has resulted in higher summer temperatures than in the past. The applicant has included documentation in support of this request as attachment to their letter, which is included as Attachment B to this staff report.
The applicant has proposed the following measures to reduce the impact of noise associated with the early construction hours:
1. Concrete truck backup alarms will be disabled between 5:00 am and 7:00am . In accordance with Cal/OSHA requirements, beeping alarms will be replaced with a live flagger/spotter in clear view of the truck operator to direct backing operations.
As an additional precaution, white noise backup alarms will be used in addition to the flagger/spotter.
2. Only quiet construction work will be permitted between the hours of 5:00 am and 7:00 am, which limits work activities that produce noise greater than 70 decibels.
Prohibited activities include the following:
a. Operating power tools and generators;
Item 1O - Page 2
City Council Staff Report
July 9, 2025 -- Page 3
COD Early Construction
b. Demolition activities;
c. Heavy equipment operation, other than cement trucks; d. Hammering;
e. Loud speaking/loudspeakers;
f. C lanking of pipes, conduits, and metal studs; and
g. Use of air compressors.
3. A staff member shall be available at all times between the hours of 5:00 am and 7:00 am to respond to noise complaints.
Based on the proposed measures to limit impacts, staff recommends approval of this request. The noise limitation measures will be included as conditions of approval. Should the applicant fail to adequately address noise complaints in a timely manner or violate any of the measures intended to reduce noise impacts, staff may modify or revoke the early construction start time approval.
PUBLIC NOTICE:
Staff mailed notices in English and Spanish to all property owners and residents within 500 feet of the project site on June 24, 2025 . Notice was also provided via email to the Gateway, Sunmor, and Sunrise Park Neighborhood Organization representatives.
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is a ministerial action pursuant to PSMC Section
8.04.220(b)(2), and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include administrative activities of governments that will not result in direct or indirect physical changes in the environment. It should also be noted that environmental review for the project was conducted separately by the College of the Desert as part of the campus entitlement process.
ALIGNMENT WITH STRATEGIC PLANNING:
The proposed request aligns with the broad goals of Infrastructure and Facilities, in that the construction of the college campus will add to the educational facilities that are available to residents.
FISCAL IMPACT:
None.
Item 1O - Page 3
City Council Staff Report
July 9, 2025 -- Page 4
COD Early Construction
REVIEWED BY:
Department Director: Dana MacAllister Jr
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Location Map
B. Request Letter
C. Public Integrity Disclosure Form
Item 1O - Page 4
ATTACHMENT A
Item 1O - Page 5
Department of Planning Services
Vicinity Map
CITY OF PALM SPRINGS
College of the Desert
Item 1O - Page 6
Legend
E Site
D 500-Ft. Radius
~ Parce ls RA MON RD
D [I] c:;JDIIJ DD DJ
W •.. • : 0 ~-: E
• :\. # •
s
ATTACHMENT B
Item 1O - Page 7
2363 Tahquitz Canyon Way, Palm Springs, CA 92262
PALM SPRINGS DEVELOPMENT PROJECT
COLLEGE OF THE DESERT
Item 1O - Page 8
Request for Early Start of Construction Due to High Temperatures as it Relates to Heat Injury & Illness Prevention: Summary and Justification
In California, employers are required to protect workers from heat illness in both indoor and outdoor work environments under the California Code of Regulations, Title 8 (T8CCR), Sections 3395 and 3396. These standards apply when indoor temperatures exceed 82°F and outdoor temperatures exceed 85°F , with additional precautions required when temperatures surpass 95°F .
During summer in Palm Springs, temperatures can range from 70°F to 108°F (21°C to 38°C). July and August are typically the hottest months, with average daily highs in the low to mid-100s. Below is a summary of heat-related incidents in Palm Springs, California, during 2024, based on publicly available data and recent news sources:
Overview of Heat-Related Incidents:
• While complete o7icial figures for 2024 are pending, available data indicates a significant impact from prolonged heatwaves and record-breaking temperatures:
o In 2023, Palm Springs accounted for 73% of heat-related illnesses in Riverside County, including 22 deaths and over 600 emergency visits in the Coachella Valley. Similar or higher figures are expected for 2024 given ongoing extreme heat. o During a September 2024 heatwave, emergency room visits for heat illness doubled across California, Nevada, and Arizona.
o In October 2024, two hikers were rescued from a local trail after su7ering heat illness during 115°F conditions.
Record-Breaking Temperatures in 2024:
• July 5: Palm Springs reached a new all-time high of 124°F . • October: The city recorded 117°F , tying the national October temperature record.
Impact on Outdoor Activity:
• Heat-related incidents peak during late morning to early afternoon hours (12 p.m. to 5 p.m.). • High temperatures significantly increase the risk of heat-related illness, particularly for individuals performing strenuous work.
Given these factors, the CW Driver Safety Department strongly recommends early work hours to reduce exposure to high midday temperatures and lower the risk of heat-related illnesses.
Item 1O - Page 9
Request for Early Start of Construction Due to High Temperatures as it Relates to Structural Concrete, Based on American Concrete Institute Guidelines: Summary and Justification We respectfully request approval to commence concrete placement during early morning hours, starting at 5:00 a.m. This request aligns with ACI 305R recommendations and industry best practices to mitigate the challenges of hot weather concreting.
Justification Based on ACI Guidelines:
1. Definition of Hot Weather (ACI 305R):
Hot weather is defined as a combination of factors that impair concrete quality, including high ambient temperature, high concrete temperature, low relative humidity, high wind speed, and solar radiation.
2. Adverse E7ects of Hot Weather on Concrete:
o Accelerated moisture loss increases the risk of plastic shrinkage cracking. o Faster cement hydration reduces setting time, complicating placement and finishing, and increases the risk of cold joints.
o Higher temperatures can reduce 28-day compressive strength and long-term durability. o Elevated water demand can compromise strength and durability if not managed carefully. o Maintaining proper air entrainment is more di7icult in hot conditions, increasing the risk of reduced freeze-thaw durability.
3. Benefits of Early Morning Concrete Placement:
o Cooler ambient and surface temperatures reduce evaporation and thermal gradients, minimizing cracking risks.
o Extended workability window allows for better placement and finishing without excessive water addition.
o Early placement aligns with ACI’s recommendation to schedule concrete work during cooler times of the day.
4. ACI 305R-99 Recommended Practices:
o Cool concrete components (aggregates, water) to reduce mix temperature. o Use appropriate mix designs with admixtures (e.g., retarders, water reducers) and limit placement size.
o Protect placed concrete from moisture loss using fogging, windbreaks, sunshades, and curing compounds.
Item 1O - Page 10
5. Industry Precedents:
o Agencies such as the Florida Department of Transportation accept maximum concrete temperatures of 100°F (38°C) with proper hot weather mix designs. o ACI emphasizes that no strict universal temperature limit applies; project-specific limits should be established through trial batches.
Summary of Specific Request:
A. Concrete Work Early Start: Given the construction schedule for the College of the Desert – Palm Springs Development project, structural concrete placement will occur during the summer months of 2025 and 2026. To achieve optimal quality and durability in accordance with ACI guidelines, we request the following early start times:
1. Early Start for Concrete Placement:
o From July 1st, 2025 – September 20th, 2025, and May 1st, 2026 – September 30th, 2026, we request permission to begin work at 5:00 a.m. when concrete placement is scheduled.
o Concrete trucks would arrive by 5:00 a.m., with pours completed by 9:00 a.m. and concrete finishing operations done by 12:00 p.m., ahead of peak daily temperatures. o Concrete truck backup beeping alarms will be disabled between 5am and 7am. To satisfy Cal OSHA §1592. Warning Methods beeping alarms will be replaced by a live flagger/spotter in clear view of the operator to direct backing operations. As an additional precaution, when equipped, white noise backup alarms will be used in addition to flagger/spotter.
B. Quiet Construction Activities Start:
1. July 1
st, 2025 – September 30th, 2025 and again May 1st, 2026 – September 30th, 2026: We request general permission to begin quiet construction activities at 5:00 a.m., with noise- producing activities starting at 7:00 a.m.
o Quiet construction focuses on minimizing noise and vibration generated during construction activities. Quiet work prohibits activities producing noise greater than 70db which include, but not limited to:
1. operating power tools & generators
2. demolition activities
3. heavy equipment operation
4. hammering
Item 1O - Page 11
5. loud speaking (normal conversational typically falls between 55 and 65 decibels)
6. clanking of pipes, conduits, metal studs
7. running air compressors
8. backup warning alarms
Jobsite Supervisor Contact
Richard Thurman – CW Driver
626-946-9068
*End of Request Letter: reference attachments to support request for early construction start times* Item 1O - Page 12
This information is provided free of charge by the Department of Industrial Relations from its web site at www.dir.ca.gov. These regulations are for the convenience of the user and no representation or warranty is made that the information is current or accurate. See full disclaimer at https://www.dir.ca.gov/od_pub/disclaimer.html.
Subchapter 4. Construction Safety Orders
Article 10. Haulage and Earth Moving
Return to index
New query
§1592. Warning Methods.
(a) Every vehicle with a haulage capacity of 2 1/2 cubic yards or more used to haul dirt, rock, concrete, or other construction material shall be equipped with a warning device that operates automatically while the vehicle is backing. The warning sound shall be of such magnitude that it will normally be audible from a distance of 200 feet and will sound immediately on backing. In congested areas or areas with high ambient noise which obscures the audible alarm, a signaler, in clear view of the operator, shall direct the backing operation. (b) Those vehicles not subject to 1592(a) and operating in areas where their backward movement would constitute a hazard to employees working in the area on foot, and where the operator's vision is obstructed to the rear of the vehicle shall be equipped with an effective device or method to safeguard employees such as:
(1) An automatic back-up audible alarm which would sound immediately on backing, or (2) An automatic braking device at the rear of the vehicle that will apply the service brake immediately on contact with any obstruction to the rear, or
(3) In lieu of 1 or 2 above, administrative controls shall be established such as:
(A) A spotter or flagger in clear view of the operator who shall direct the backing operation, or (B) Other procedures which will require the operator to dismount and circle the vehicle immediately prior to starting a back-up operation, or
(C) Prohibiting all foot traffic in the work area.
(4) Other means shall be provided that will furnish safety equivalent to the foregoing for personnel working in the area.
(c) All vehicles shall be equipped with a manually operated warning device which can be clearly heard from a distance of 200 feet.
(d) The operator of all vehicles shall not leave the controls of the vehicle while it is moving under its own engine power.
(e) Hauling or earth moving operations shall be controlled in such a manner as to ensure that equipment or vehicle operators know of the presence of rootpickers, spotters, lab technicians, surveyors, or other workers on U.S. DEPARTMENT OF LABOR
Occupational Safety and Health Administration
Item 1O - Page 13
foot in the areas of their operations.
NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
HISTORY
1. New subsections (c) and (d) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).
2. Repealer and new section filed 7-3-80; effective thirtieth day thereafter (Register 80, No. 27).
3. Amendment of subsections (a), (b) and (e) filed 2-7-86; effective thirtieth day thereafter (Register 86, No. 6).
Go Back to Article 10 Table of Contents
Item 1O - Page 14
STRUCTURE magazine • July 2005
design &
construction
Understanding
Hot Weather Concrete
Getting the Most Out of the Summer
Concrete Construction Season
By Ken Hover
After a long, cold winter the return of hot
weather to North America is a welcome relief.
Summer is not only the most active build-
ing season in many parts of the country, but
can also be an ideal time for concrete con-
struction, offering the advantages of faster
early-age strength gain, and the ability to
fi nish and cure the concrete sooner. However,
we have to minimize the disadvantages of
rapid slump loss, setting that can outpace
fi nishing, rapid drying of concrete surfaces,
the effects of differential temperatures within
a concrete element, and potential reductions
in later-age strength. This can be done.
The Fundamentals
Temperature and Hydration
1. The rate of hydration of portland cement
varies exponentially with temperature, as
shown in Figure 1. As is the case for many
chemical and biological reactions the rate of
reaction doubles whenever the temperature
of the reactants increases by about 20
ºF ,
and halves whenever the temperature of the
reactants decreases by about 20
ºF .
2. Warmer weather means casting warmer
concrete. This is because the raw ingredients
are warmer, the mixing, transport, and placing
26 Figure 1: The rate of hydration of portland cement increases exponentially with temperature. For the particular cement represented here, hydration rate is twice as fast at a concrete temperature of 96ºF when compared to hydration rate at
lab curing temperature of 73 °F . At concrete temperatures as mild as 52ºF the concrete is hydrating only half as fast as under lab conditions.
Figure 2: Slump values obtained by 6 separate testing teams over a two hour time period, on one single truckload of concrete. No single slump value is “characteristic” of this mixture. A slump loss rate of 2 inches per hour is characteristic of this mix in this particular environment.
equipment is warmer, the forms and
reinforcing steel are warmer, and the
air and incident sunlight heats the
concrete surface.
3. Given the impact of temperature
on hydration, warmer concrete means
faster rates of slump loss, setting and
surface evaporation, and faster rates
of early-age strength gain.
Slump Loss and
Rapid Setting
Concrete temperature not only
affects early and later-age strength
of the concrete, but immediately
affects the rate of slump loss and
the rate of setting. A 20
ºF increase
in concrete temperature doubles the
rate of slump-loss and halves the
setting time. This means that even
modest increases in concrete tem-
perature can dramatically shorten
the time available to transport, place,
consolidate, fi nish, and cure the concrete.
People and equipment have to be ready for
hot weather concrete before the fi rst truck
arrives – a placing and fi nishing crew that is
shorthanded because of the high summer-
time demand for construction labor,
and a warm, fast setting concrete is
a bad combination.
The most common “fi eld expedient”
technique for compensating for rapid
slump loss in hot weather is to add
water to the truck on site. This can
be acceptable as long as the added
water is accurately metered, the total
water content after water addition is
in accordance with the specifi cations,
and the concrete is mixed thoroughly
after water addition. Many concrete
producers include on the delivery
ticket the number of gallons of water
that can be added to the truck to
bring the load up to the design water
content. The acceptability of water
addition is much more diffi cult to
assess, however, when the concrete
is being controlled by slump rather
than by water content.
The advent of water reducers, air
entraining admixtures, accelerators,
retarders, and supplementary cementi-
tious materials blurs any reliable re-
lationship that may have existed between
slump and water content. Second, slump
is a time-dependent variable and the rate of
slump loss over time depends on the mixture
and on the weather ( Figure 2 ). A random
slump value with no reference to time after
batchng is therefore of limited use for char-
acterizing the concrete. Nevertheless, a lot
of concrete is controlled on-site on the basis
of slump, and water addition is permitted if
the concrete is below that specifi ed value. In
hot weather, however, the chances are much
greater that the slump will have decreased
in transit to the point that water addition is
allowed without regard to the total water
content in the mix. When water is added
under hot weather conditions, a frequently
applied and seemingly “intuitive” justifi cation
is that this merely “replaces” water lost to
evaporation in transit, when in reality the ob-
served slump loss is not due to water loss but
due to water consumption in the thermally-
activated hydration process.
A second hot-weather opportunity for un-
controlled water addition presents itself when
the slab concrete starts to set faster than the
fi nishers can apply the required fi nal texture.
When premature stiffening occurs, the surface
can be made “fi nishable” again by spraying or
sprinkling water on the surface and working
it in with a fi nishing tool. If applied soon
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STRUCTURE magazine • July 2005 27
For Advertiser Information, visit www.structuremag.org Figure 3: Fogging to increase the humidity of the air
above the freshly-cast conrete, and thurs reduce the
evaporation rate. (Photo Source—K. Hover)
enough this works because the water breaks
the fragile, early hydration bonds between
the cement grains, pushes the cement grains
further apart and renders the surface fi nishable
on the short term, but weaker, more porous,
and less scaling- and abrasion-resistant on the
long term. The acceptability of this practice
depends on the trade-off between surface
texture, and surface strength and long-term
durability. A wise trade-off will depend on the
planned use and service conditions of the slab.
Surface Drying and Curing
Drying of the concrete surface begins as
soon as the rate of evaporation exceeds the
rate of bleeding. Bleeding will of course
stop within a short time after placing, so
the real question is not whether the ambient
conditions will dry the surface, but how
soon the drying will begin. “How soon” is
critical because restrained shrinkage induces
shrinkage stress, and cracks form when the
shrinkage stress equals the early-age tensile
strength. Since concrete’s tensile strength
develops over time, the sooner the drying
and shrinkage occurs, the more likely it is
that the concrete will crack. These are referred
to as “plastic shrinkage cracks” if the concrete
is still deformable or “plastic” at the time of
cracking, and as “drying shrinkage cracks” if
the concrete has become a brittle solid by the
time the cracks develop. The risk of plastic
shrinkage cracking is therefore greater the
sooner the concrete surface dries, and earlier
drying is favored by a combination of an
increase in the evaporative potential of the
ambient air, increased surface area due to
a deep surface texture such as brooming or
tining, and a decrease in the rate of bleeding
of the concrete.
The human body is a useful sensor of the
fi rst of these factors. For many of us a hot-
dry environment is comfortable because the
air has an evaporative potential that equals or
exceeds perspiration rate. We stay dry and
evaporative cooling keeps us comfortable, as
long as we keep drinking water (human on-
site water addition), and we boast that it is
“a dry heat.” The average perspiration rate
of an adult male performing physical labor
in hot weather is about 0.2 lb per ft
2 of skin
surface per hour, so dry workers on a hot day
means a severe evaporative potential. On the
other hand, recalling Cincinnati summer days
of 95
ºF and 95% humidity, there is nothing
“dry” about that heat. Under those conditions,
neither the people nor the concrete is likely to
dry rapidly. It is interesting, then, that summer
weather conditions that make the humans on
site comfortable due to evaporative cooling are
generally hostile to the concrete, and summer
days that make humans miserable are fairly
benign as far as concrete-drying is concerned.
Further, we all know the benefi ts of moving
air to increase summertime comfort. As
air velocity increases over skin or concrete
surfaces, water vapor is removed and the
thickness of the still-air layer is reduced. The
continued on next page
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STRUCTURE magazine • July 2005
28 For Advertiser Information, visit www.structuremag.org Figure 4: Higher concrete curing temperatures increase the early age strength of concrete but decrease the later age strength. At an age of 1 day higher concrete temperature leads to higher compressive strength. At an age of about 3 days the concrete strength is not signifi cantly infl uenced by temperature, but after 28 days cooler temperature leads to higher compressive strength. Although the general trends remain, the quantitative impact of temperature is specifi c to a particular combination of materials. (Source—Portland Cement Association) faster the wind, the sooner the temperature
and humidity just above the concrete surface
matches temperature and humidity of the air
in general.
The time-honored suggestion is that
there is risk of plastic shrinkage crack-
ing when evaporation potential equals 0.2
lb of water per ft
2 of concrete surface per
hour. Modern concrete mixtures have sub-
stantially lower bleeding rates, however, and
high-performance mixes with supplemen-
tary cementitious materials, high range water
reducers, and high air contents may have an
essentially zero bleeding rate. The net result
is that many modern mixes are at risk of plastic
shrinkage cracking at evaporation rates that
are markedly less than the traditional thresh-
old. High density bridge deck overlays, for
example, may be at risk of cracking when
the air has an evaporation potential of 0.05
lb per ft
2 per hour or less.
One of the most effective ways to slow
concrete surface drying is to reduce evapor-
ative potential by fogging ( Figure 3). This
is done by dispersing fog drops into the air
above the concrete so that evaporation of the
droplets raises the local relative humidity.
Those drops that gently fall to the slab surface
replace bleed water, but do not damage the
concrete as long as the “fog-water” is not
fi nished-into the concrete. Another technique
that has become popular is the use of an
“evaporation reducer,” originally developed
as a chemical that forms a one-molecule
thick layer (“mono-molecular fi lm”) over the
surface of water stored in industrial process
tanks. These products are sprayed onto the
concrete surface and can work as advertised
when applied to a layer of bleed water on
the concrete, slowing the rate of evaporation
of the bleed water. When sprayed onto a
dry concrete surface, the mono-molecular
fi lm cannot form and product effectiveness
is questionable.
As soon as the concrete is textured, it is
time to slow the rate of evaporation by more
substantial methods. Immediate curing is
important because the hydrating cement
(and incident sunlight) warms the concrete,
increasing the temperature of the bleed water
and accelerating evaporation (evaporation rate
increases exponentially with the temperature
of the evaporating fl uid). Immediately after
the last pass of the fi nishing tool, a mem-
brane forming curing compound can be
spray applied without the need to walk on
and thus mar the freshly fi nished surface.
These products do an effective job of
dramatically reducing the rate of water loss
from the concrete, but they do not prevent
water loss, nor are they intended to “seal” the
surface in the sense of zero water loss. Curing
compounds cannot provide water to the
hydrating cement, however, and given that
portland cement has the ability to chemically
and physically utilize up to 45 lb of water per
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STRUCTURE magazine • July 2005
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steel in 24 hours! 29 For Advertiser Information, visit www.structuremag.org Figure 5: Infrared thermal image of concrete cylinders
stored on site a few hours after casting. Surface temp- erature of the black plastic cylinder molds peaked at
124°F at the time of the photo. (Source—K. Hover,
Concrete International December, 2004)
100 lb of cement in the multiple processes
of hydration, many modern concrete mixtures
benefi t from a water cure. Applying wet
burlap or other absorbent materials, along
with associated soaker hoses and sprinklers,
can damage concrete that has not yet reached
fi nal set, so the curing compound is a vital
“intermediate” curing method between
fogging and wet cure.
Concrete Strength
Concrete strength develops as a function
of hydration, and the relationship shown in
Figure 1 shows that the quantity of hydration
products developed per unit time increases
when hot weather raises concrete temp-
erature. Unfortunately, thermally accelerating
the hydration process lowers the quality of
those same hydration products. The net
result is demonstrated in Figure 4, where the
benefi cial effect of warmer concrete is evident
prior to 3 days with diminishing strength-gain
between 3 and 28 days as concrete tempera-
ture increases. Evaluating the effect of hot
concrete on strength therefore requires
looking at both early and later age test results.
Even though the later age strength may be less
than obtained at a 73
ºF curing temperature, the
fi nal in-place result may be fully acceptable.
This important effect of temperature on
concrete strength has to be considered in the
context of standard testing. Standard lab-cure
temperature is 73
ºF , and if actual in-place
concrete temperature consistently exceeds
73 ºF , standard test cylinders are likely to
underestimate in-place strength at ages up
to about 3 days, and then overestimate in-
place strength at later ages. A closely related
testing problem relates to the on-site curing of
cylinders. ASTM C 31 requires that cylinders
be stored in a temperature range no
cooler than 60
ºF and no warmer than 80ºF in
the fi rst 24 hours after casting, to minimize
the effects demonstrated in Figure 4. Despite
recommendations and specifi cations that
cylinders be kept in a temperature controlled
“curing box” on site, such boxes are rare and
cylinders in their black plastic molds sitting
in the summer sun are a common sight. Since
early heat helps early strength, up to around
3 days the “hot-cylinder” test result may be
unconservatively high. At ages later than
about 3 days, the “hot cylinder” will yield a
strength that may be lower than the strength
of the in-place concrete. The author recently
monitored a project in which in-place concrete
temperature was about 100ºF while concrete
cylinders stored on site were measured at 124ºF
at the same time (Figure 5).
In Place Temperature and Strength
Whether we measure it or not, achieving
satisfactory in-place strength in the actual
structure is of course the real goal. This will be
a function of the concrete mixture and actu-
al in-place temperature. Controlling in-place
temperature depends on lowering the initial
placing temperature, reducing the heat gain
due to hydration, and controlling heat losses.
Initial Placing Temperature
Hot weather elevates the temperature of
fresh concrete for several reasons. First, portland
cement is often shipped hot from the cement
plant during the months of peak demand.
This is because the only way to meet increased
product demand is to shorten the cooling
period at the plant ( Figure 6). Aggregate
gets hot when stockpiled in direct sunlight,
but if the air is dry with a light breeze the
aggregate can be evaporatively cooled by
spraying the stockpiles with water. (In a hot-
wet environment, this practice merely results
in hot-wet aggregates.) Initial temperature
can be lowered by cooling the aggregates, or
by substituting chilled water or ice for some
of the batch water. Liquid nitrogen can be
injected into the trucks as they arrive on site
to achieve still further cooling.
Controlling placing temperature is just
the beginning, however. The warmer the
placing temperature, the faster the hydration,
which in turn warms the concrete and
further accelerates hydration and subsequent
heat release. It is therefore important to not
only control placing temperature, but to
also reduce heat of hydration by lowering
total cementitious material content or by
substituting pozzolans such as Type F fl y
ash for a portion of the cement. Subsequent
temperature rise depends not only on the heat
gain due to hydration, but also on the heat
lost to the environment. Relatively thin slabs
with a large surface-to-volume ratio will lose
heat rapidly to the ground and to the air, and
thus experience far less temperature increase
than a 4-foot thick footing cast with the same
concrete. Member geometry also comes into
play. An internal temperature difference of
30-35
º F puts concrete elements at risk of
continued on next page
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STRUCTURE magazine • July 2005 30 For Advertiser Information, visit www.structuremag.org full-depth thermal cracking due to a hot
interior that is thermally expanding with a
cooling exterior that is contracting. Even in
summer, it can be effective to apply curing
blankets to slow the rate of cooling at the
exterior surfaces and thus minimize the
temperature differential.
The actual in-place temperature of the
concrete therefore depends only in part on
the placing temperature, and largely on the
size, shape, and surface area of the concrete
being cast, air and ground temperature, wind,
formwork and insulation, and the composition
and thermal properties of the mixture
ingredients. Further, the impact of tempera-
ture on the strength of the concrete will
depend on the specifi c blend of cementitious
materials and on the effect of retarders and
water reducers. Such factors therefore make
it tough to cite a universal limit on concrete
placing temperature, if the purpose of the
limit is to minimize the impact on later age
strength. Default values such as 90 or 95
ºF
can be found in documents such as ACI
301 or ACI 305, but on larger projects the
engineer may want to entertain a proposal for
contractor-testing to develop mixture- and
application-specifi c limits.
Specifying Hot Weather Concrete
There are multiple sources for information
and specifi cations for hot weather concreting.
Chapter 5 of the ACI 318 Building Code
includes a very brief requirement to “prevent
excessive concrete temperatures or water eva-
poration that could impair required strength
or serviceability of the member or structure.”
More detailed requirements are found in ACI 301,
Specifications for Structural Concrete , although
there is not a specific section on hot weather. ACI
Committee 308 has published a Guide to Curing
Concrete (ACI 308R-01) and a Standard Specifi cation
for Curing Concrete, (ACI 308-1.98) that covers
fogging, curing compounds, and wet curing. ACI
Committee 305 on Hot Weather Concreting has
prepared a reference specifi cation, and it should be
open for public discussion in the very near future.
Comprehensive guidance on the subject is contained
in ACI 305R-99, Hot Weather Concreting.
Be Prepared For a Change in the Weather
Anyone who has planned a picnic or a golf outing
knows how fast summer weather can change, and
part of hot weather concreting is to be ready for such
changes. Late afternoon thunderstorms can brew
up out of nowhere, and torrential rain can ruin the
most well-planned slab placement. Lightning can
suddenly become the most serious problem when
placing concrete in the open on a high-rise structure.
A humid morning can give way to a dry, windy
afternoon, and a well-coordinated nighttime placing
operation can wrap up with a stiff pre-dawn breeze. In
arid climates, hot days can be followed by cold nights
with severe drying conditions. The contractor needs
contingency plans, and needs to be ready to erect
wind breaks or to cover a slab with plastic when the
weather changes. For a designer-builder team that
has anticipated the effects of the weather, summer
can be the time to make a lot of progress!▪
Figure 6: Thermal infrared image of a cement
storage silo at a concrete batch plant. The cement in
the lighter colored zone had just been placed in the
silo at 6 am on this Monday morning. The cooler
material below had been received the previous Friday.
The cement temperature difference was suffi cient
to cause a 10
ºF concrete temperature difference
between two consecutive truckloads arriving at the
job site. (Source—K.Hover, Concrete International,
December, 2004)
Ken Hover is a member of ACI Committees 305
on hot weather, 306 on cold weather, 308 on curing,
and 318. He was an estimator, project engineer, and
project manager for Dugan & Meyers Construction
Co., and then became a designer, spec-writer, partner
and manager of THP Structural Engineers in
Cincinnati before earning a PhD and joining the
Civil Engineering faculty at Cornell University.
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References
Abel, J., Hover, K.C., “Effect of Water/Cement Ratio on Early Age T ensile Strength of Concrete,” T ransportation Research Record, No. 1610, Concrete in Construction, National Research Council, 1998, pp. 33-38.
Burlingame, S., Lautz, C., Hover, K., “Opportunities and Challenges in Concrete with Thermal Imaging,” Concrete International, Vol. 26, No. 12, December, 2004, pp 23-27.
ACI Committee 305, Hot-Weather Concreting, ACI 305R-99, American Concrete Institute, Farmington Hills, Michigan, 1999, 17 pages.
ACI Committee 308, Standard Specification for Curing Concrete, ACI 308.1-98, American Concrete Institute, Farmington Hills, Michigan, 1998, 9 pages.
ACI Committee 308, Guide to Curing Concrete , ACI 308.R-01, American Concrete Institute, Farmington Hills, Michigan, 2001, 50 pages.
Hover, K.C., “Evaporation of Surface Moisture: A Problem in Concrete T echnology and Human Physiology,” Concrete in Hot Climates, M. J. Walker, Editor, Proceedings of the Third International RILEM Conference on Concrete in Hot Climates, T orquay, England, September 21-25, 1992, E&FN Spon Publishers, London, pp. 13-24, 1992.
Klieger, Paul, Effect of Mixing and Curing T emperature on Concrete Strength, Research Department Bulletin RX103, Portland Cement Association, 1958.
Kosmatka, S., Design and Control of Concrete Mixtures, Engineering Bulletin 1, 17th edition, Portland Cement Association, Skokie, 2003.
Pinto, R.C.A., Hover, K.C., “The Application of the Maturity Approach to Setting Times,” ACI Materials Journal, Vol. 96, No.6, Nov.-Dec. 1999, pp. 686-691.
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96 FEBRUARY 2003 / Concrete international
Questions in this column were asked by users of ACI
documents and have been answered by ACI staff or by a
member or members of ACI technical committees. The
answers do not represent the official position of an ACI committee. Only a published committee document represents the formal consensus of the committee and the Institute.
We invite comment on any of the questions and answers
published in this column. Write to the Editor, Concrete International, 38800 Country Club Drive, Farmington Hills, MI 48331; contact us by fax at (248) 848-3701; or e-mail
[email protected].
Q. What are the ACI building code requirements
for placing concrete in a tropical climate? Some
people in our office say we should specify a maxi-
mum permissible concrete temperature of 90 °F
(32 °C). Others say a temperature higher than 90 °F
(32 °C) is allowable if the concrete contains a set-
retarding admixture.
A. Either of these groups could be right if they
could argue that their approach will provide the
required strength or serviceability. Section 5.13 of ACI 318-02, “Building Code Requirements for Structural
Concrete,” requires that:
“During hot weather, proper attention shall be given
to ingredients, production methods, handling, placing,
protection, and curing to prevent excessive concrete
temperatures or water evaporation that could impair
required strength or serviceability of the member
or structure.”
Section R5.13 in the ACI 318 commentary cites
recommendations for hot-weather concreting that are
given in ACI 305R-91, “Hot-Weather Concreting.” That
document states that:
“In the more general types of hot-weather con-
struction (as defined in Section 1.2), it is impracti-
cal to recommend a maximum limiting ambient or
concrete temperature because circumstances vary
widely. A limit that would serve a specific case
might be unsatisfactory in others. Accordingly, the
committee can only point out the effects of higher
temperatures in concrete as mentioned in Section
1.3 and 2.2.1, and advise that at some temperature
between about 75 and 100 °F (24 and 38 °C) there is
a limit that will be found to be most favorable for
best results in each hot weather operation, and
such a limit should be determined for the work.”
ACI 305-99 contains similar recommendations
regarding limits on maximum concrete temperature.
The Florida Department of Transportation’s hot
weather concreting requirements allow a maximum
as-delivered concrete temperature of 100 °F (38 °C),
and require the concrete producer to use specialized
hot-weather mixture proportioning methods. This
requirement has worked well for them. See the
reference for more information.
Maximum temperature limits
for hot-weather concrete
Reference
Bergin, M., and Syed, C., 2002, “Florida’s Hot-Weather Concreting Specification,” Concrete International, V . 24, No. 5, pp. 31-33.
Item 1O - Page 21
ACI 305R-99 supersedes ACI 305R-91 and became effective October 27, 1999.
Copyright 2000, American Concrete Institute.
All rights reserved including rights of reproduction and use in any form or by any means, including the making of copies by any photo process, or by electronic or mechanical device, printed, whitten, or oral, or recording for sound or visual repro- duction or for use in any knowledge or retrieval system or device, unless permission in writing is obtained from the copyright proprietors.
ACI Committee Reports, Guides, Standard Practices, and
Commentaries are intended for guidance in planning, design- ing, executing, and inspecting construction. This document is intended for the use of individuals who are competent to evaluate the significance and limitations of its content and recommendations and who will accept responsibility
for the application of the material it contains. The American Concrete Institute disclaims any and all responsibility for the stated principles. The Institute shall not be liable for any loss or damage arising therefrom.
Reference to this document shall not be made in contract documents. If items found in this document are desired by the Architect/Engineer to be a part of the contract documents, they shall be restated in mandatory language for incorporation by the Architect/Engineer.
305R-1
Hot Weather Concreting
ACI 305R-99
Concrete mixed, transported, and placed under conditions of high ambient temperature, low humidity, solar radiation, or wind, requires an under- standing of the effects these environmental factors have on concrete prop- erties and construction operations. Measures can be taken to eliminate or minimize undesirable effects of these environmental factors. Experience in hot weather with the types of construction involved will reduce the poten- tial for serious problems.
This committee report defines hot weather, lists possible potential prob- lems, and presents practices intended to minimize them. Among these prac- tices are such important measures as selecting materials and proportions, precooling ingredients, special batching, length of haul, consideration of concrete temperature as placed, facilities for handling concrete at the site, and during the early curing period, placing, and curing techniques, and appropriate testing and inspecting procedures in hot weather conditions. A selected bibliography is included.
These revisions involve an editorial revision of the document. The revi- sions focus in particular on the effects of hot weather on concrete properties, and the use of midrange water-reducing admixtures and extended set-con- trol admixtures in hot weather.
Keywords: air entrainment; cooling; curing; evaporation; high tempera- ture; hot weather construction; plastic shrinkage; production methods; retempering; slump tests; water content.
CONTENTS
Chapter 1—Introduction, p. 305R-2
1.1—General
1.2—Definition of hot weather
1.3—Potential problems in hot weather
1.4—Potential problems related to other factors
1.5—Practices for hot weather concreting
Chapter 2—Effects of hot weather on concrete
properties, p. 305R-3
2.1—General
2.2—Temperature of concrete
2.3—Ambient conditions
2.4—Water requirements
2.5—Effect of cement
2.6—Supplementary cementitious materials
2.7—Chemical admixtures
2.8—Aggregates
2.9—Proportioning
Chapter 3—Production and delivery, p. 305R-11
3.1—General
3.2—Temperature control of concrete
3.3—Batching and mixing
Reported by ACI Committee 305
Robert J. Ryan
Chairman
Kenneth B. Rear
Secretary
Muwafaq A. Abu-Zaid D. Gene Daniel Alexander Leschinsky Bijan Ahmadi Richard D. Gaynor William C. Moore
J. Howard Allred John G. Gendrich Dan Ravina
Zawde Berhane G. Terry Harris, Sr. John M. Scanlon
Karl P. Brandt Barry L. Houseal Victor H. Smith
Terence M. Browne Frank A. Kozeliski George V . Teodoru Joseph G. Cabrera Mark E. Leeman Habib M. Zein Al-Abidien James N. Cornell, II
Item 1O - Page 22
305R-2 ACI COMMITTEE REPORT
3.4— Delivery
3.5— Slump adjustment
3.6— Properties of concrete mixtures
3.7— Retempering
Chapter 4—Placing and curing, p. 305R-13
4.1— General
4.2— Preparations for placing and curing
4.3— Placement and finishing
4.4— Curing and protection
Chapter 5—Testing and inspection, p. 305R-16
5.1— Testing
5.2— Inspection
Chapter 6—References, p. 305R-17
6.1— Referenced standards and reports
6.2— Cited references
Appendix A—Estimating concrete temperature,
p. 305R-19
Appendix B—Methods for cooling fresh concrete,
p. 305R-19
CHAPTER 1— INTRODUCTION
1.1— General
Hot weather may create problems in mixing, placing, and curing hydraulic cement concrete. These problems can
adversely affect the properties and serviceability of the con- crete. Most of these problems relate to the increased rate of cement hydration at higher temperature and increased evap- oration rate of moisture from the freshly mixed concrete. The rate of cement hydration is dependent on concrete tempera- ture, cement composition and fineness, and admixtures used.
This report will identify problems created by hot weather concreting and describe practices that will alleviate these potential adverse effects. These practices include suggested preparations and procedures for use in general types of hot weather construction, such as pavements, bridges, and build- ings. Temperature, volume changes, and cracking problems associated with mass concrete are treated more thoroughly in ACI 207.1R and ACI 224R.
A maximum “as placed ” concrete temperature is often
used in an effort to control strength, durability, plastic- shrinkage cracking, thermal cracking, and drying shrinkage.
The placement of concrete in hot weather, however, is too complex to be dealt with by setting a maximum “as placed” or “as delivered” concrete temperature. Concrete durability is a general term that is difficult to quantify, but it is per- ceived to mean resistance of the concrete to weathering (ACI 201.2R). Generally, if concrete strengths are satisfactory and curing practices are sufficient to avoid undesirable drying of surfaces, durability of hot weather concrete will not differ greatly from similar concrete placed at normal temperatures.
The presence of a desirable air-void system is needed if the concrete is going to be exposed to freezing cycles.
If an acceptable record of field tests is not available, con- crete proportions may be determined by trial batches (ACI 301 and ACI 211.1). Trial batches should be made at temper- atures anticipated in the work and mixed following one of the procedures described in Section 2.9, Proportioning. The con- crete supplier and contractor are generally responsible for determining concrete proportions to produce the required quality of concrete unless specified otherwise.
According to ASTM C 31/C 31M, concrete test specimens
made in the field that are used for checking adequacy of lab- oratory mixture proportions for strength or as a basis for acceptance or quality control should be cured initially at 60 to 80 F (16 to 27 C). If the initial 24 h curing is at 100 F (38 C), the 28-day compressive strength of the test speci- mens may be 10 to 15% lower than if cured at the required ASTM C 31/C 31M curing temperature (Gaynor et al 1985).
If the cylinders are allowed to dry at early ages, strengths will be reduced even further (Cebeci 1987). Therefore, proper fabrication, curing, and testing of the test specimens during hot weather is critical, and steps should be taken to ensure that the specified procedures are followed.
1.2—Definition of hot weather
1.2.1 For the purpose of this report, hot weather is any combination of the following conditions that tends to impair the quality of freshly mixed or hardened concrete by acceler- ating the rate of moisture loss and rate of cement hydration, or otherwise causing detrimental results:
High ambient temperature;
High concrete temperature;
Low relative humidity;
Wind speed; and
Solar radiation.
1.2.2 The effects of high air temperature, solar radiation, and low relative humidity may be more pronounced with in- creases in wind speed (Fig. 2.1.5). The potential problems of hot weather concreting may occur at any time of the year in warm tropical or arid climates, and generally occur during the summer season in other climates. Early cracking due to thermal shrinkage is generally more severe in the spring and fall. This is because the temperature differential for each 24 h period is greater during these times of the year. Precautionary measures required on a windy, sunny day will be more strict than those required on a calm, humid day, even if air temper- atures are identical.
1.3—Potential problems in hot weather
1.3.1 Potential problems for concrete in the freshly mixed state are likely to include:
Increased water demand;
Increased rate of slump loss and corresponding ten-
dency to add water at the job site;
Increased rate of setting, resulting in greater difficulty with handling, compacting, and finishing, and a greater risk of cold joints;
Increased tendency for plastic-shrinkage cracking; and Increased difficulty in controlling entrained air content.
1.3.2 Potential deficiencies to concrete in the hardened state may include:
Decreased 28-day and later strengths resulting from
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305R-3HOT WEATHER CONCRETING
either higher water demand, higher concrete tempera-
ture, or both at time of placement or during the first
several days;
Increased tendency for drying shrinkage and differen- tial thermal cracking from either cooling of the overall structure, or from temperature differentials within the cross section of the member;
Decreased durability resulting from cracking;
Greater variability of surface appearance, such as cold joints or color difference, due to different rates of
hydration or different water-cementitious material ratios (w/cm);
Increased potential for reinforcing steel corrosion — making possible the ingress of corrosive solutions; and Increased permeability as a result of high water con- tent, inadequate curing, carbonation, lightweight aggre- gates, or improper matrix-aggregate proportions.
1.4—Potential problems related to other factors
Other factors that should be considered along with climat- ic factors may include:
Use of cements with increased rate of hydration;
Use of high-compressive-strength concrete, which
requires higher cement contents;
Design of thin concrete sections with correspondingly greater percentages of steel, which complicate placing
and consolidation of concrete;
Economic necessity to continue work in extremely hot
weather; and
Use of shrinkage-compensating cement.
1.5—Practices for hot weather concreting
Any damage to concrete caused by hot weather can never
be fully alleviated. Good judgment is necessary to select the most appropriate compromise of quality, economy, and
practicability. The procedures selected will depend on: type of construction; characteristics of the materials being used; and experience of the local industry in dealing with high am- bient temperature, high concrete temperatures, low relative humidity, wind speed, and solar radiation.
The most serious difficulties occur when personnel plac- ing the concrete lack experience in constructing under hot weather conditions or in doing the particular type of con- struction. Last-minute improvisations are rarely successful.
Early preventive measures should be applied with the
emphasis on materials evaluation, advanced planning and purchasing, and coordination of all phases of work. Planning in advance for hot weather involves detailed procedures for mixing, placing, protection, curing, temperature monitoring, and testing of concrete. Precautions to avoid plastic-shrinkage cracking are important. The potential for thermal cracking, either from overall volume changes or from internal re- straint, should be anticipated. Methods to control cracking include: proper use of joints, increased amounts of reinforcing steel or fibers, limits on concrete temperature, reduced cement content, low-heat-of-hydration cement, increased form-stripping time, and selection and dosage of appropriate chemical and mineral admixtures.
The following list of practices and measures to reduce or avoid the potential problems of hot weather concreting are discussed in detail in Chapters 2, 3, and 4:
Select concrete materials and proportions with satisfac- tory records in hot weather conditions;
Cool the concrete;
Use a concrete consistency that permits rapid place-
ment and effective consolidation;
Minimize the time to transport, place, consolidate, and finish the concrete;
Plan the job to avoid adverse exposure of the concrete to the environment; schedule placing operations during
times of the day or night when weather conditions are
favorable;
Protect the concrete from moisture loss during placing and curing periods; and
Schedule a preplacement conference to discuss the
requirements of hot weather concreting.
CHAPTER 2— EFFECTS OF HOT WEATHER ON
CONCRETE PROPERTIES
2.1—General
2.1.1 Properties of concrete that make it an excellent con- struction material can be affected adversely by hot weather, as defined in Chapter 1. Harmful effects are minimized by control procedures outlined in this report. Strength, imper- meability, dimensional stability, and resistance of the con- crete to weathering, wear, and chemical attack all depend on the following factors: selection and proper control of materi- als and mixture proportioning; initial concrete temperature; wind speed; solar radiation; ambient temperature; and hu- midity condition during the placing and curing period.
2.1.2 Concrete mixed, placed, and cured at elevated
temperatures normally develops higher early strengths than concrete produced and cured at lower temperatures, but
strengths are generally lower at 28 days and later ages. The data in Fig. 2.1.2 shows that with increasing curing temper- atures, 1-day strength will increase, and 28-day strength de- creases (Klieger 1958; Verbeck and Helmuth 1968). Some
researchers conclude that a relatively more uniform micro- structure of the hydrated cement paste can account for higher strength of concrete mixtures cast and cured at lower temper- atures (Mehta 1986).
2.1.3 Laboratory tests have demonstrated the adverse
effects of high temperatures with a lack of proper curing on concrete strength (Bloem 1954). Specimens molded and
cured in air at 73 F (23 C), 60% relative humidity and at 100 F (38 C), 25% relative humidity produced strengths of only 73 and 62%, respectively, of that obtained for standard specimens moist-cured at 73 F (23 C) for 28 days. The longer the delay between casting the cylinders and placing into stan- dard moist storage, the greater the strength reduction. The data illustrate that inadequate curing in combination with high placement temperatures impairs the hydration process and reduces strength. The tests were made on plain concrete without admixtures or pozzolans that might have improved its performance at elevated temperatures. Other researchers determined that insufficient curing is more detrimental than Item 1O - Page 24
305R-4 ACI COMMITTEE REPORT
high temperatures (Cebeci 1986), and also that required strength levels can be maintained by the proper use of either chemical or mineral admixtures are used in the concrete (Gaynor et al 1985; Mittelacher 1985 & 1992).
2.1.4 Plastic-shrinkage cracking is frequently associated with hot weather concreting in arid climates. It occurs in ex- posed concrete, primarily in flatwork, but also in beams and footings, and may develop in other climates when the surface of freshly cast concrete dries and subsequently shrinks. Sur- face drying is initiated whenever the evaporation rate is greater than the rate at which water rises to the surface of re- cently placed concrete by bleeding. A method to estimate evaporation rate is given in Section 5.1.3. High concrete temperatures, high wind speed, and low humidity, alone or in combination, cause rapid evaporation of surface water. The rate of bleeding, on the other hand, depends on concrete mix- ture ingredients and proportions, on the depth of the member being cast, and on the type of consolidation and finishing.
Because surface drying is initiated when evaporation rate ex- ceeds bleeding rate, the probability of plastic-shrinkage cracking therefore increases whenever the environmental conditions increase evaporation, or when the concrete has a reduced bleeding rate. For example, concrete mixtures incor- porating fly ash, silica fume, or fine cements frequently have a low to negligible bleeding rate, making such mixtures highly sensitive to surface drying and plastic shrinkage, even under moderately evaporative conditions (ACI 234R).
2.1.5 Plastic-shrinkage cracking is seldom a problem in hot-humid climates where relative humidity is rarely less than 80%. Table 2.1.5 shows, for various relative humidities, the concrete temperatures that may result in critical evapora- tion rate levels, and therefore increase the probability of plas- tic-shrinkage cracking. The table is based on the assumption of a 10 mph (16 km/h) wind speed and an air temperature of 10 F (6 C) cooler than the concrete temperature.
The nomograph in Fig. 2.1.5 is based on common hydro-
logical methods for estimating the rate of evaporation of wa- ter from lakes and reservoirs, and is therefore the most accurate when estimating the rate of evaporation from the surface of concrete while that surface is covered with bleed water. When the concrete surface is not covered with bleed water, the nomograph and its underlying mathematical ex- pression tends to overestimate the actual rate of water loss from the concrete surface by as much as a factor of 2 or more (Al-Fadhala 1997). The method is therefore the most useful in estimating the evaporation potential of the ambient condi- tions, and not as an estimator of the actual rate of water loss from the concrete. Early in the bleeding process, however, and at rates of evaporation less than or equal to 0.2 lb/ft 2/h
(1.0 kg/m 2/h), the method has been shown to be in good agreement with water loss measurements, as long as the tem- perature, humidity, and wind speed have been measured as Fig 2.1.2—Effects of curing temperature on compressive
strength of concrete (Verbeck and Helmuth 1968).
Table 2.1.5— Typical concrete temperatures for various relative humidities potentially critical to plastic-shrinkage cracking
Concrete
temperature,
F (C)
Air
temperature,
F (C)
Critical evaporation rate
0.2 lb/ft2/h
(1.0 kg/m2/h)
0.15 lb/ft2/h
(0.75 kg/m2/h)
0.10 lb/ft2/h
(0.50 kg/m2/h)
0.05 lb/ft2/h
(0.25 kg/m2/h)
Relative humidity, %*
105 (41) 95 (35) 85 100 100 100
100 (38) 90 (32) 80 95 100 100
95 (35) 85 (29) 75 90 100 100
90 (32) 80 (27) 60 85 100 100
85 (29) 75 (24) 55 80 95 100
80 (27) 70 (21) 35 60 85 100
75 (24) 65 (19) 20 55 80 100
*Relative humidity, % which evaporation rate will exceed the critical values shown, assuming air temperature is 10 F (6 C) cooler than concrete temperature and a constant wind speed of 10 mph (16 km/h), measured at 20 in. (0.5 m) above the evaporating surface.
Note: Based on NRMCA-PCA nomograph (Fig. 2.1.5), results rounded to nearest 5%.
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305R-5HOT WEATHER CONCRETING
described in the text below Fig. 2.1.5. It is especially critical that wind speed be monitored at 20 in. (0.5 m) above the evaporating surface. This is because wind speed increases rapidly with height above the surface, and wind measure- ments taken from higher than the prescribed height used in developing the nomograph will overestimate evaporation
rate. Note also that wind speed varies tremendously over time, and estimates should not be based on transient gusts of wind. Use of Fig. 2.1.5 provides evaporation rate estimates based on environmental factors of temperature, humidity, and wind speed that contribute to plastic-shrinkage cracking.
The graphic method of the chart also yields ready informa- tion on the effect of changes in one or more of these factors.
For example, it shows that concrete at a temperature of 70 F Fig. 2.1.5— Effect of concrete and air temperatures, relative humidity, and wind speed on the rate of evaporation of surface moisture from concrete. This chart provides a graphic method of estimating the loss of surface moisture for various weather conditions. To use this chart, follow the four steps outlined above. If the rate of evaporation approaches 0.2 lb/ft
2/h (1 kg/m 2/h), precautions against plastic-shrinkage cracking are necessary (Lerch 1957). Wind speed is the average horizontal air or wind speed in mph (km/h) and should be measured at a level approximately 20 in. (510 mm) higher than the evaporating sur- face. Air temperature and relative humidity should be measured at a level approximately 4 to 6 ft (1.2 to 1.8 m) higher than the evaporating surface on its windward side shielded from the sun’s rays (PCA Journal 1957).
To use this chart:
1. Enter with air
temperature;
move up to rela-
tive humidity.
2. Move right to
concrete temper-
ature.
3. Move down to
wind speed.
4. Move left; read
approximate rate
of evaporation.
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305R-6 ACI COMMITTEE REPORT
(21 C) placed at an air temperature of 70 F (21 C), with a rel- ative humidity of 50% and a moderate wind speed of 10 mph (16 km/h), will have six times the evaporation rate of the same concrete placed when there is no wind.
2.1.6 When evaporation rate is expected to approach the bleeding rate of the concrete, precautions should be taken, as explained in detail in Chapter 4. Because bleeding rates vary from zero to over 0.2 lb/ft
2/h (1.0 kg/m 2/h), over time, and
are not normally measured, it is common to assume a value for the critical rate of evaporation. The most commonly quot- ed value is 0.2 lb/ft
2/h (1.0 kg/m2/h). More recent experience
with bridge deck overlays containing silica fume has led to specified allowable evaporation rates of only 0.05 lb/ft 2/h (0.025
kg/m2/h) (Virginia Department Of Transportation). Con-
struction specifications for the State of New York and the City of Cincinnati are intermediate evaporation rates of 0.15 and 0.10 lb/ft2/h (0.75 and 0.50 kg/m 2/h), respectively. The probability for plastic-shrinkage cracks to occur may be increased if the setting time of the concrete is delayed due to the use of slow-setting cement, an excessive dosage of
retarding admixture, fly ash as a cement replacement, or cooled concrete. Fly ash is also likely to reduce bleeding and may thereby contribute to a cracking tendency (ACI
226.3R). Plastic-shrinkage cracks are difficult to close once they have occurred (see Section 4.3.5).
2.2—Temperature of concrete
2.2.1 Unless measures are taken to control concrete perfor- mance at elevated temperatures, by the selection of suitable materials and proportions as outlined in Sections 2.3 through 2.9, increases in concrete temperature will have the following ad- verse effects. Other adverse effects are listed in Section 1.3. The amount of the water required to produce a given
slump increases with the time. For constant mixing
time, the amount of water required to produce a given
slump also increases with the temperature, as shown in
Fig. 2.2.1(a) and 2.2.1(b);
Increas
ed water content will create a decrease in strength
and durability, if the quantity of cementitious material is not increased proportionately;
Slump loss will be evident earlier after initial mixing and at a more rapid rate, and may cause difficulties with han- dling and placing operations;
In an arid climate, plastic-shrinkage cracks are more prob- able;
In sections of large dimensions, there will be an increased rate of hydration and heat evolution that will increase dif- ferences in temperature between the interior and the exte- rior concrete. This may cause thermal cracking (ACI
207.1R);
Early curing is critical and lack of it increasingly detri- mental as temperatures rise.
2.3—Ambient conditions
2.3.1 In the more general types of hot weather construction (as defined in Section 1.2), it is impractical to recommend a maximum ambient or concrete temperature because the hu- midity and wind speed may be low, permitting higher ambi- ent and concrete temperatures. A maximum ambient or
concrete temperature that will serve a specific case may be unrealistic in others. Accordingly, the committee can only provide information about the effects of higher temperatures in concrete as mentioned in Sections 1.3 and 2.2.1, and ad- vise that at some temperature between approximately 75 and 100 F (24 and 38 C) there is a limit that will be found to be most favorable for best results in each hot weather operation, and such a limit should be determined for the work. Practices for hot weather concreting should be discussed during the preplacement conference.
Trial batches of concrete for the job should be made at the limiting temperature selected, or at the expected job site high temperature, rather than the 68 to 86 F (20 to 30 C) range giv- en in ASTM C 192. Procedures for testing of concrete batch- es at temperatures higher than approximately 70 F (21 C) are given in Section 2.9.
Fig 2.2.1(b)— Effect of temperature increase on the water requirement of concrete (U.S. Bureau of Reclamation 1975).
Fig. 2.2.1(a)—Effect of concrete temperature on slump and on water required to change slump (average data for Type I and II cements) (Klieger 1958).
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2.4—Water requirements
2.4.1 Water, as an ingredient of concrete, greatly influenc- es many of its significant properties, both in the freshly mixed and hardened state. High water temperatures cause higher concrete temperatures, and as the concrete tempera- ture increases, more water is needed to obtain the same slump. Fig. 2.2.1(b) illustrates the possible effect of concrete temperature on water requirements. Unless the amount of cementitious material is increased proportionately, the extra water increases the water-cementitious material ratio and will decrease the strength, durability, watertightness, and other related properties of the concrete. This extra water must be accounted for during mix proportioning. Although pertinent to concrete placed under all conditions, this points to the special need to control the use of additional water in concrete placed under hot weather conditions; see Section
2.3.1. 2.4.2 Fig. 2.2.1(a) illustrates the general effects of increas- ing concrete temperature on slump of concrete when the
amount of mixing water is held constant. It indicates that an increase of 20 F (11 C) in temperature may be expected to decrease the slump by about 1 in. (25 mm). Fig. 2.2.1(a) also illustrates changes in water requirement that may be neces- sary to produce a 1 in. (25 mm) increase in slump at various temperature levels. For 70 F (21 C) concrete, about 2-1/2% more water is required to increase slump 1 in. (25 mm); for 120 F (50 C) concrete, 4-1/2% more water is needed for the 1 in. slump increase. The original mixing water required to change slump may be less if a water-reducing, midrange wa- ter-reducing, or high-range water-reducing admixture is used.
2.4.3 Drying shrinkage generally increases with total
water content (Portland Cement Association Design and
Control of Control Mixtures 1992). Rapid slump loss in hot weather often increases the demand for water, increasing total water content, and therefore, increasing the potential for subsequent drying shrinkage. Concrete cast in hot weath- er is also susceptible to thermal-shrinkage as it subsequently cools. The combined thermal and drying shrinkage can lead to more cracking than observed for the same concrete placed under milder conditions.
2.4.4 Because water has a specific heat of about four to five times that of cement or aggregates, the temperature of the mixing water has the greatest effect per unit weight on the temperature of concrete. The temperature of water is eas- ier to control than that of the other components. Even though water is used in smaller quantities than the other ingredients, cooled water will reduce the concrete placing temperature, but usually by not more than approximately 8 F (4.5 C) (Fig.
2.4.4). The quantity of cooled water s hould not exceed the batch water requirement, which will depend on the mixture proportions and the moisture content of aggregates. In gen- eral, lowering the temperature of the batch water by 3.5 to 4 F (2.0 to 2.2 C) will reduce the concrete temperature approx- imately 1 F (0.5 C). Efforts should therefore be made to ob- tain cold water. To keep it cold, tanks, pipes, or trucks used for storing or transporting water should be either insulated, painted white, or both. Water can be cooled to as low as 33 F (1 C) using water chillers, ice, heat pump technology, or liq- uid nitrogen. These methods and their effectiveness are dis- cussed further.
2.4.5 Using ice as part of the mixing water has remained a major means of reducing concrete temperature. On melting, ice absorbs heat at the rate of 144 Btu/lb (335 J/g). To be most effective, the ice should be crushed, shaved, or chipped when placed directly into the mixer as part of the mixing water. For maximum effectiveness, the ice should not be al- lowed to melt before it is placed in the mixer in contact with other ingredients, however, but it must melt completely prior to the completion of mixing of the concrete. For a more rapid blending of materials at the beginning of mixing, not all of the available batch water should be added in the form of ice.
Its quantity may have to be limited to approximately 75% of the batch water requirement. To maximize amounts of ice or cold mixing water, aggregates should be well-drained of free moisture, permitting a greater quantity of ice or cold mixing water to be used. Fig. 2.4.5 illustrates potential reductions in concrete temperature by substituting varying amounts of ice at 32 F (0 C) for mixing water at the temperatures shown.
Mixing should be continued until the ice is melted complete- ly. Crushed ice should be stored at a temperature that will prevent lumps from forming by refreezing of particles.
2.4.6 The temperature reduction can also be estimated by using Eq. (A-4) or (A-5) in Appendix A. For most concrete, the maximum temperature reduction with ice is approximately 20 F (11 C). When greater temperature reductions are re- quired, cooling by injection of liquid nitrogen into the mixer holding mixed concrete may be the most expedient means.
See Appendix B for additional information. Liquid injected nitrogen does not affect the mixing water requirement ex- cept by reducing concrete temperature.
Fig 2.4.4— General effects of cooled mixing water on con- crete temperature (National Ready Mixed Concrete Associ- ation 1962).
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305R-8 ACI COMMITTEE REPORT
2.5— Effect of cement
2.5.1 High concrete temperature increases the rate of hy- dration (Fig. 2.5.2). As a result, concrete stiffens more rapid- ly and requires more water to produce or maintain the desired slump. The higher water content will cause strength loss and increase the cracking tendency of the concrete unless offset by measures described in Sections 2.6.1 and 2.7.
2.5.2 Selection of a particular cement may have a decided effect on the hot weather performance of concrete, as illus- trated in Fig. 2.5.2. Although the curves are based on limited data from mixtures using different cements in combination with a set-retarding admixture, they show, for example, that when tested at 100 F (38 C), the concrete with the slowest setting cement reaches time of final setting 2-1/2 h later than the concrete with the fastest setting cement. The concrete that sets slowest at 100 F (38 C) was the fastest-setting cement when tested at 50 F (10 C). Fig. 2.5.2 is a good ex- ample of the difficulty of predicting performance of concrete at different temperatures. In general, use of a normally slow- er-setting Type II portland cement (ASTM C 150) or Type IP or IS blended cement (ASTM C 595) may improve the han-
dling characteristics of concrete in hot weather (ACI 225R).
Concrete containing the slower setting cements will be more likely to exhibit plastic-shrinkage cracking.
2.5.3 When using slower hydrating cements, the slower
rate of heat development and the simultaneous dissipation of heat from the concrete result in lower peak temperatures.
There will be less thermal expansion, and the risk of thermal cracking upon cooling of the concrete will be reduced. This is an important consideration for slabs, walls, and mass con- cretes, as discussed in ACI 207.1R and ACI 207.2R. The
temperature increase from hydration of cement in a given concrete mixture is proportional to its cement content.
Therefore, the cement content should be limited to that required to provide strength and durability. Concrete mix- tures that obtain high strength at an early age will develop high concrete temperature during initial curing. These con- crete mixtures should be provided thermal protection to en- sure gradual cooling at a rate that will not cause them to crack; see Section 4.4.1.
2.5.4 Cement may be delivered at relatively high tempera- tures. This is not unusual for newly manufactured cement that has not had an opportunity to cool after grinding of the component materials. Concrete mixtures will consist of ap- proximately 10 to 15% cement. This will increase concrete temperature approximately 1 F (0.5 C) for each 8 F (4 C) in- crease in cement temperature.
2.6—Supplementary cementitious materials
2.6.1 Materials in this category include fly ash and other pozzolans (ASTM C 618) and ground granulated blast-fur- nace slag (ASTM C 989). Each are widely used as partial replacements for portland cement; they may impart a slower rate of setting and of early strength gain to the concrete, which is desirable in hot weather concreting, as explained in Sec- tion 2.5.2. Faster setting cements or cements causing a rapid slump loss in hot weather may perform satisfactorily in com- bination with these materials (Gaynor et al 1985). The use of fly ash may reduce the rate of slump loss of concrete under hot weather conditions (Ravina 1984; Gaynor et al 1985).
2.7—Chemical admixtures
2.7.1 Various types of chemical admixtures (ASTM C
494) have been found beneficial in offsetting some of the un- desirable characteristics of concrete placed during periods of high ambient temperatures (see also ACI 212.3R). The ben- efits may include lower mixing water demand, extended
periods of use, and strengths comparable with, or higher than, concrete without admixtures placed at lower tempera- tures. Their effectiveness depends on the chemical reactions of the cement with which they are used in the concrete. Ad- mixtures without a history of satisfactory performance at the expected hot weather conditions should be evaluated before their use, as explained in Section 2.7.5. Chemical admixtures affect the properties of concrete as described in the following.
2.7.2 Retarding admixtures meeting ASTM C 494, Type D
requirements have both water-reducing and set-retarding properties, and are used widely under hot weather condi- tions. They can be included in concrete in varying propor- tions and in combination with other admixtures so that, as temperature increases, higher dosages of the admixture may be used to obtain a uniform time of setting. Their water-re- ducing properties largely offset the higher water demand re- sulting from increases in concrete temperature. Because water-reducing retarders generally increase concrete
strength, they can be used, with proper mixture adjustments, to avoid strength losses that would otherwise result from high concrete temperatures (Gaynor et al 1985; Mittelacher 1985 and 1992). Compared with concrete without admixture, a concrete mixture that uses a water-reducing and retarding admixture may have a higher rate of slump loss. The net wa- Fig. 2.4.5— General effects of ice in mixing water on concrete temperature. Temperatures are normal mixing water temper- atures (National Ready Mixed Concrete Association 1962).
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305R-9HOT WEATHER CONCRETING
ter reduction and other benefits remain substantial even after the initial slump is increased to compensate for slump loss.
2.7.3 Admixtures of the hydroxylated carboxylic acid type (ACI 212.3R, Class 3) and some types meeting ASTM C
494, Type D requirements may increase the early bleeding and rate of bleeding of concrete. This admixture-induced early bleeding may be helpful in preventing drying of the surface of concrete placed at high ambient temperature and low humidity. Concrete that is prone to bleeding generally should be reconsolidated after most of the bleeding has taken place. Otherwise, differential settling may occur that can lead to cracks over reinforcing steel and other inserts in near-surface locations. This cracking is more likely in cool weather with slower setting concretes than hot weather. If the admixture reduces the tensile strength and tensile
strain capacity, however, plastic-shrinkage tendencies may be increased (Ravina and Shalon 1968). Other admixtures (ACI 212.3R, Classes 1 and 2) may reduce bleeding rate. If drying conditions are such that crusting of the surface blocks bleed water from reaching the surface, continued bleeding may cause scaling. Under such conditions, fog sprays, evap- oration retardants (materials that retard the evaporation of bleeding water of concrete), or both, should be used to pre- vent crusting.
2.7.4 Some high-range, water-reducing and retarding
admixtures (ASTM C 494, Type G), and plasticizing and re- tarding admixtures (ASTM C 1017, Type II), often referred to as superplasticizers, can provide significant benefits un- der hot weather conditions when used to produce flowing concrete. At higher slumps, heat gain from internal friction during mixing of the concrete will be less (see ASTM STP 169C and ACI 207.4R). The improved handling characteris- tics of flowing concrete permit more rapid placement and consolidation, and the period between mixing and initial fin- ishing can therefore be reduced. The rate of slump loss of flowing concrete may also be less at higher temperatures than in concrete using conventional retarders (Yamamoto and Kobayashi 1986). Concrete strengths are generally
found to be substantially higher than those of comparable concrete without admixture and with the same cement con- tent. Certain products may cause significant bleeding, which may be beneficial in many instances, but may require some precautions in others (see Section 2.7.3). Air-content tests will be needed before placement to assure maintenance of proper air content. Assurance also may be needed that the air-void system is not impaired if it is required for the freez- ing and thawing resistance of the concrete. This can be deter- mined by requiring hardened air analysis or ASTM C 666
freezing and thawing testing. Some high-range water-reduc- ing retarders can maintain the necessary slump for extended periods at elevated concrete temperatures (Collepardi et al 1979; Hampton 1981; Guennewig 1988). These will be of
particular benefit in the event of delayed placements or de- liveries over greater distances. Other high-range water-re- ducing admixtures may greatly accelerate slump loss,
particularly when initial slumps are less than 3 to 4 in. (75 to 100 mm). Some water-reducing admixtures can cause the con- crete to extend its working time by a couple of hours, fol- lowed by acceleration of strength gain.
2.7.5 Since the early 1990s, the use of midrange water-re- ducing admixtures in hot weather has increased. Midrange water-reducing admixtures provide up to 15% water reduc- tion, which is higher than conventional water-reducing
admixtures, but lower water reduction than high-range wa- ter-reducing admixtures. Although at present there is no ASTM classification, midrange water-reducing admixtures comply with the requirements of ASTM C 494, Type A
admixtures, and in some cases, Type F admixtures. These admixtures will not delay the setting time of the concrete sig- nificantly. At higher dosages, conventional water-reducing admixtures can achieve this water reduction, but with signif- icant increase in the setting time of the concrete. The pump- ing and finishing characteristics of concrete containing midrange water-reducing admixtures are improved when
Fig 2.5.2—Effect of temperature and brand of cement on setting time characteristics of concrete mortars (Tuthill and Cordon 1955).
Item 1O - Page 30
305R-10 ACI COMMITTEE REPORT
compared with concrete containing conventional Type A wa- ter reducers. The use of midrange water reducers is particu- larly beneficial in cases where aggregate properties
contribute to poor workability or finishing difficulties. The surface appearance of concrete containing a midrange water reducer could be changed, thereby requiring a change of the timing of finishing operations. Also available are midrange water-reducing and retarding admixtures that comply with ASTM C 494 requirements for Type D admixtures.
2.7.6 The use of extended set-control admixtures to stop the hydration process of freshly mixed concrete (freshly batched or returned plastic concrete that normally would be disposed), and concrete residue (washwater) in ready-mix truck drums has gained increased acceptance in hot weather environments since their introduction in 1986. Some extend- ed set-control admixtures comply with ASTM C 494 require- ments for Type B, retarding admixtures, and Type D, water- reducing and retarding mixtures. Extended set-control ad- mixtures differ from conventional retarding admixtures in that they stop the hydration process of both the silicate and aluminate phases in portland cement. Regular retarding ad- mixtures only act on the silicate phases, which extend (not stop) the hydration process. The technology of extended set- control admixtures may also be used to stop the hydration process of freshly batched concrete for hauls requiring ex- tended time periods or slow placement methods during tran- sit. For this application, the extended set-control admixture is added during or immediately after the batching process.
Proper dosage rates of extended set-control admixtures
should be determined by trial mixtures incorporating project time requirements in this way ensuring that the concrete will achieve the required setting time. Additional admixtures are not required to restart hydration.
2.7.7 The qualifying requirements of ASTM C 494 afford
a valuable screening procedure for the selection of admixture products. Admixtures without a performance history pertain- ing to the concrete material selected for the work should be first evaluated in laboratory trial batches at the expected high job temperature, using one of the procedures described in Section 2.9. Some high-range, water-reducing retarders may not demonstrate their potential benefits when used in small laboratory batches. Further testing may then be required in production-size concrete batches. During preliminary field use, concrete containing admixture should be evalua ted for consistency of performance in regard to the desired character- istics in hot weather construction. When evaluating admix- tures, properties such as workability, pumpability, early strength development, placing and finishing characteristics, appearance, and effect on reuse of molds and forms should be considered in addition to the basic pro
perties of slump reten-
tion, setting time, and strength. These characteristics may in- fluence selection of an admixture and its dosage more than properties usually covered by most specifications.
2.8— Aggregates
2.8.1 Aggregates are the major constituent of concrete, as they account for 60 to 80% of the volume of normalweight concrete used in most structures. Therefore, the properties of the aggregate affect the quality of concrete significantly. The size, shape, and grading of the aggregate are three of the principal factors that affect the amount of water required to produce concrete at a given slump. Aggregate properties de- sirable in hot weather concreting include the following:
Gradation, particle shape, and the absence of under-
sized material are very important in minimizing water
demand (ACI 221R). Crushed coarse aggregate also
contributes to higher water demand, but is reported to
provide better resistance to cracking than rounded grav- els (ACI 224R). The blending of three or more aggre-
gate sizes may reduce the mixing water requirements
and improve workability at a given slump (Shilstone,
Sr. and Shilstone, Jr. 1993).
2.8.2 With coarse aggregate being the ingredient of great- est mass in concrete, changes in its temperature have a con- siderable effect on concrete temperatures. For example, a moderate 1.5 to 2 F (0.8 to 1.1 C) temperature reduction will lower the concrete temperature 1 F (0.5 C). Cooling the coarse aggregate may be an effective supplementary means to achieve desired lower concrete temperature (see Appendix B).
2.9—Proportioning
2.9.1 Mixture proportions may be established or adjusted on the basis of field-performance records in accordance with ACI 318/318R (ACI 318/318RM), provided the records in-
dicate the effect of expected seasonal temperatures and de- livery times.
2.9.2 Selection of ingredients and their proportions should be guided by their contribution to satisfactory performance of the concrete under hot weather conditions (ACI 211.1 and 211.2). Cement content should be kept as low as possible but sufficient to meet strength and durability requirements. In- clusion of supplementary cementitious materials, such as fly ash or ground granulated blast-furnace slag, should be con- sidered to delay setting and to mitigate the temperature rise from heat of hydration. The use of various types of water-re- ducing admixtures can offset increased water demand and strength loss that could otherwise be caused by higher con- crete temperatures. High-range, water-reducing retarders formulated for extended slump retention should be
considered if longer delivery periods are anticipated. Unless required otherwise, concrete should be proportioned for a slump of not less than 3 in. (75 mm) to permit prompt place- ment and effective consolidation in the form.
2.9.3 The performance of the concrete mixtures proposed for the work should be verified under conditions approximat- ing the delivery time and hot weather environment expected at the project. Trial batches used to select proportions are normally prepared in accordance with ASTM C 192. The
method requires concrete materials to be at room tempera- ture [in the range of 68 to 86 F (20 to 30 C)]. Trial batches, however, should also be performed at the expected maxi- mum placing temperature with consideration of using a mix- ing and agitating period longer than that required in ASTM C 192 to help define the performance to be expected.
2.9.4 In determining mixture proportions using laboratory trial batches, a procedure for estimating the slump loss dur- Item 1O - Page 31
305R-11HOT WEATHER CONCRETING
ing the period between first mixing of the concrete and its placement in the form is suggested in Procedures A and B, below, adopted from ACI 223, Section 4.5.2 on shrink-
age-compensating concrete. These procedures from ACI
223 were found to produce a rate of slump loss similar to that expected for a 30 to 40 min delivery time.
Procedure A—
1. Prepare the batch using ASTM C 192 procedures, but
add 10% additional water over that normally required;
2. Mix initially in accordance with ASTM C 192 (3 min
mixing followed by a 3 min rest and 2 min remixing);
3. Determine the slump and record as initial slump;
4. Continue mixing for 15 min;
5. Determine the slump and record as estimated placement slump. Experience has shown this slump correlates with that expected for 30 to 40 min delivery time. If this slump does not meet the specification limits, either discard and repeat the procedure with an appropriate water adjustment or add water to give the required slump and then test the concrete; and
6. Determine other properties of fresh concrete (tempera- ture, air content, unit weight), and mold strength test speci- mens.
Procedure B—
1. Prepare the batch using ASTM C 192 procedures for the specified slump;
2. Mix in accordance with ASTM C 192 (3 min mixing,
3 min rest, and 2 min remixing) and confirm the slump;
3. Stop the mixer and cover the batch with wet burlap;
4. After 20 min, remix 2 min, adding water to produce the specified slump. The total water (initial water plus the re- mixing water) can be expected to equal that required at the batch plant to give the required job site slump; and
5. Determine other properties of fresh concrete (tempera- ture, air content, unit weight), and mold-strength test speci- mens.
2.9.5 As an alternative method, use of full-size production batches may be considered for verification of mixture pro- portions, provided the expected high temperature levels of the concrete can be attained. This may be the preferred meth- od when using admixtures selected for extended slump re- tention. It requires careful recording of batch quantities at the plant and of water added for slump adjustment before sampling. Sampling procedures of ASTM C 172 should be
strictly observed.
CHAPTER 3—PRODUCTION AND DELIVERY
3.1—General
Production facilities and procedures should be capable of providing the required quality of concrete under hot weather conditions at production rates required by the project. Satis- factory control of production and delivery operations should be assured. Concrete plant and delivery units should be in good operating condition. Intermittent stoppage of deliver- ies due to equipment breakdown can be much more serious under hot weather conditions than in moderate weather. In hot weather concreting operations, concrete placements may be scheduled at times other than during daylight hours, such as during the coolest part of the morning. Night-time produc- tion requires good planning and good lighting.
3.2—Temperature control of concrete
3.2.1 Concrete can be produced in hot weather without
maximum limits on placing temperature and will perform
satisfactorily if proper precautions are observed in propor- tioning, production, delivery, placing, and curing. As part of these precautions, an effort should be made to keep the con- crete temperature as low as practical. Using the relationships given in Appendix A, it can be shown, for example, that the temperature of concrete of usual proportions can be reduced by 1 F (0.5 C) if any of the following reductions are made in material temperatures:
8 F (4 C) reduction in cement temperature;
4 F (2 C) reduction in water temperature; or
2 F (1 C) reduction in the temperature of the aggre-
gates.
3.2.2 Fig. 3.2.2 shows the influence of the temperature of concrete ingredients on concrete temperature. As the greatest portion of concrete is aggregate, reduction of aggregate tem- perature brings about the greatest reduction in concrete tem- perature. Therefore, all practical means should be employed to keep the aggregates as cool as possible. Shaded storage of fine and coarse aggregates, and sprinkling and fog spraying of coarse aggregates stock-piles under arid conditions will help. Sprinkling of coarse aggregates with cool water can re- duce aggregate temperature by evaporation and direct cool- ing (Lee 1987). Passing water through a properly sized
evaporative cooling tower will chill the water to the wet bulb temperature. This procedure will have greater effects in areas that have low relative humidity. Wetting of aggregates, how- ever, tends to cause variations in surface moisture and there- by complicates slump control. Above-ground storage tanks for mixing water should be provided with shade and thermal insulation. Silos and bins will absorb less heat if coated with heat-reflective paints. Painting mixer surfaces white to min- imize solar heat gain will be of some help. Based on 1 h de- livery time on a hot, sunny day, concrete in a clean white mixer drum should be 2 to 3 F (1 to 1.5 C) cooler than in a black or red mixer drum, and 0.5 F (0.3 C) cooler than in a cream-colored drum. If an empty mixer drum stands in the sun for an extended period before concrete is batched, the heat stored in the metal drum would produce concrete tem- peratures 0.5 to 1 F (0.3 to 0.5 C) lower for a white mixer drum than a yellow or red mixer drum. Spraying the exterior of the mixer drum with water before batching or during de- livery has been suggested as a means of minimizing concrete temperature, but it can be expected to be of only marginal benefit.
3.2.3 Setting up the means for cooling sizeable amounts of concrete production requires planning well in advance of placement and installation of specialized equipment. This can include chilling of batch water by water chillers or heat pump technology as well as other methods, such as substitut- ing crushed or flaked ice for part of the mixing water, or cooling by liquid nitrogen. Delivery of the required quantity of cooling materials should be assured for each placement.
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305R-12 ACI COMMITTEE REPORT
Details for estimating concrete temperatures are provided in Appendix A. Various cooling methods are described in Ap- pendix B. The general influence of the temperature of con- crete ingredients on concrete temperature is calculated from the equations in Appendix A, and shown in Fig. 3.2.2.
3.3— Batching and mixing
3.3.1 Batching and mixing is described in ACI 304R. Pro- cedures under hot weather conditions are no different from good practices under normal weather conditions. Producing concrete of the correct slump and other specified properties to confirm with applicable specifications is essential. An in- terruption in the concrete placement due to rejection may cause the formation of a cold joint or serious problems in fin- ishing. Testing of concrete must be diligent and accurate so that results represent the true condition of the concrete.
3.3.2 For truck-mixed concrete, initial mixing of approxi- mately 70 revolutions at the batch plant prior to transporting will allow an accurate verification of the condition of the concrete, primarily its slump and air content. Generally, cen- trally mixed concrete can be inspected visually as it is being discharged into the transportation unit. Slump can easily change due to minor changes in materials and concrete charac- teristics. For example, an undetected change of only 1.0% moisture content of the fine and coarse aggregates could change slump by 1 to 2 in. (25 to 50 mm) (ACI 211.1). An error range of approximately 0.5% in the determination of aggregate moisture complicates moisture control, even with advanced systems. Operators often batch concrete in a drier condition than desired to avoid producing a slump higher than specified; a small water addition may be needed at the job site.
3.3.3 Hot weather conditions and extended hauling time
may indicate a need to split the batching process by batching the cement at the job site, or layering the materials in the mixer drum at the plant to keep some of the cement dry and then mixing the concrete after arrival at the job site. This may not, however, contribute to concrete uniformity between loads.
These methods may, on occasion, offer the best solution un- der existing conditions. A better controlled concrete can usu- ally be provided when all materials are batched at the
concrete production facility. By using some effective retard- ing admixtures at appropriate dosages, preferably in combi- nation with cementitious material of slow-setting
characteristics, concrete can be maintained in a placeable condition for extended periods even in hot weather (see Sec- tion 2.7). Field experience indicates that concrete set retarda- tion can be extended further by separately batching the retarding admixture with a small portion of mixing water, Fig. 3.2.2— Influence of temperature of concrete ingredients on concrete temperature.
Calculated from equations in Appendix A.
Curve (1) - Mixing water at temperature of aggregate.
Curve (2) - Mixing water at 50 F (10 C).
Curve (3) - Mixing water at temperature of aggregate; 25% of mixing water by weight replaced by ice.
Curve (4) - Mixing water at temperature of aggregate; 50% of mixing water by weight replaced by ice.
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305R-13HOT WEATHER CONCRETING
1 to 2 gal/yd 3 (5 to 10 L/m 3), after the concrete has been mixed for several minutes. These admixtures, together with the cementitious materials and other ingredients proposed for the project, should be evaluated in the field for desired properties. Should the slump be lower than required, the use of midrange water-reducing or high-range water-reducing admixtures is recommended to increase the concrete slump.
3.3.4 Under hot weather conditions, the amount of mixing at mixing speed of the mixer should be held to a minimum to avoid any unnecessary heat gain of the concrete (ACI 207.4R). For efficient mixing, mixers should be free of buildup of hardened concrete and excessive wear of mixer blades. As soon as the concrete has been mixed to a homo- geneous condition, all further drum rotation should be at the lowest agitating speed of the unit (generally one revolution per min). The drum should not be stopped for extended pe- riods of time. There is potential for false setting problems causing the concrete to stiffen rapidly or set in the drum, or for flattening of the mixer rollers.
3.3.5 Specifications governing the total number of revolu- tions of the drum usually set a limit of 300 revolutions for truck mixers. This limit should be waived for conditions that require further thorough mixing of the concrete:
Separate addition of high-range, water-reducing
admixtures;
Direct addition of liquid injected nitrogen into the
mixer as a means of lowering the concrete temperature;
and
If the concrete retains its workability without the addi- tion of water.
3.4—Delivery
Cement hydration, temperature rise, slump loss, aggregate grinding, and either loss or, occasionally, gain of air content all occur with the passage of time while the concrete is in the mixer; thus, the period between start of mixing to start of placement of the concrete should be minimized. Coordinat- ing the dispatching of mixer trucks with the rate of concrete placement avoids delays in arrival or waiting periods until discharge. On major concrete placements, provisions should be made to have good communications between the job site and concrete-production facility. Major placements should be scheduled during periods of lower urban traffic loads.
When placement is slow, consideration should be given to reducing load size, using set-retarding admixture, or using cooled concrete.
3.5—Slump adjustment
Fresh concrete is subject to slump loss with time, whether it is used in moderate or hot weather. With given materials and mixture proportions, the slump change characteris-
tics between plant and job site should be established. With the limitations on accurately predicting slump, as explained in Section 3.3.2, uncertainty in traffic, and the timing of placing operations, operators need to batch concrete in a dri- er condition to avoid a slump higher than specified. If, on ar- rival at the job site, the slump is less than the specified maximum, additional water may be added if the maximum
allowable water content is not exceeded. When water is add- ed to bring the slump within required limits, the drum or blades must be turned an additional 30 revolutions or more, if necessary, at mixing speed. For expeditious placement and effective consolidation, structural concrete should have a minimum slump of 3 or 4 in. (75 or 100 mm). Slump increas- es should be allowed when chemical admixtures are used, providing the admixture-treated concrete has the same or lower water-cementitious materials ratio (w/cm) and does not exhibit segregation potential.
3.6—Properties of concrete mixtures
The proposed mixtures should be suitable for expected job conditions. This is particularly important when there are no limits on placing temperatures, as is the case in most general construction in the warmer regions. Use of cements or ce- mentitious materials that perform well under hot weather conditions, in combination with water-reducing and retard- ing admixtures, can provide concrete of required properties (Mittelacher 1985). When using high-range, water-reducing and retarding admixtures, products should be selected that provided extended slump retention in hot weather (Collepar- di et al 1979; Guennewig 1988). In dry and windy condi- tions, the setting rate of concrete used in flatwork should be adjusted to minimize plastic-shrinkage cracking or crusting of the surface, with the lower layer still in a plastic condition. The type of adjustment depends on local climatic conditions, timing of placements, and concrete temperatures. A change in admix- ture dosage or formulation can often provide the desired setting time.
3.7—Retempering
Retempering is defined as “additions of water and remix- ing of concrete, or mortar which has lost enough workability to become unplaceable or unsaleable” (ACI 116R). Labora- tory research, as well as field experience, shows that strength reduction and other detrimental effects are proportional to the amount of retempering water added. Therefore, water ad- ditions in excess of the proportioned maximum water con- tent or w/cm to compensate for loss of workability should be prohibited. Adding chemical admixtures, particularly
high-range water-reducing admixtures, may be very effec- tive to maintain workability.
CHAPTER 4—PLACING AND CURING
4.1—General
4.1.1 The requirements for good results in hot weather
concrete placing and curing are no different than in other sea- sons. The same necessities exist:
Concrete be handled and transported with a minimum
of segregation and slump loss;
Concrete be placed where it is to remain;
Concrete be placed in layers shallow enough to assure vibration well into the layer below and that the elapsed time between layers be minimized to avoid cold joints;
Construction joints outlined in ACI 224.3R be made on sound, clean concrete;
Finishing operations and their timing be guided only by Item 1O - Page 34
305R-14 ACI COMMITTEE REPORT
the readiness of the concrete for them, and nothing else; and
Curing be conducted so that at no time during the pre- scribed period will the concrete lack ample moisture
and temperature control to permit full development of
its potential strength and durability.
4.1.2 Details of placing, consolidation, and curing proce- dures are described in ACI 304R, 308R, and 309R. It is the purpose of this chapter to point out the factors peculiar to hot weather that can affect these operations and the resulting concrete and to recommend what should be done to prevent or offset their influence.
4.2— Preparations for placing and curing
4.2.1 Planning hot weather placements—Prior to the start of the project, plans should be made for minimizing the exposure of the concrete to adverse conditions. Whenever possible, placing of slabs should be scheduled after roof structure and walls are in place to minimize problems associ- ated with drying winds and direct sunlight. This will also re- duce thermal shock from rapid temperature drops caused by wide day and night temperature differences or cool rain on concrete heated by the sun earlier in the day.
Under hot weather conditions, scheduling concrete place- ments at other-than-normal hours may be advisable. Pertinent considerations include ease of handling and placing, and avoiding the risk of plastic-shrinkage and thermal cracking.
4.2.2 Preparing for ambient conditions —Personnel in
charge of concrete construction should be aware in advance of the damaging combinations of high air temperature, direct sunlight, drying winds, and high concrete temperature. Mon- itoring of local weather reports and routine recording of con- ditions at the site, including air temperature, sun exposure, relative humidity, and prevailing winds, can be conducted lo- cally. These data, together with projected or actual concrete temperatures, enable supervisory personnel through refer- ence to Fig. 2.1.5 to determine and prepare the required pro- tective measures. Equipment should also be available at the site for measuring the evaporation rate in accordance with Section 5.1.3.
4.2.3 Expediting placements—Preparations must be made
to transport, place, consolidate, and finish the concrete at the fastest possible rate. Delivery of concrete to the job should be scheduled so it will be placed promptly on arrival, particular- ly the first batch. Many concrete placements get off to a bad start because the concrete was ordered before the job was ready and slump control was lost at this most critical time.
Traffic arrangements at the site should ensure easy access of delivery units to the unloading points over stable roadways.
Site traffic should be coordinated for a quick turnaround of concrete mixer trucks. If possible, large or critical place- ments should be scheduled during periods of low urban traf- fic loads.
4.2.4 Placing equipment— Equipment for placing the con- crete shall be of suitable design and have ample capacity to perform its functions efficiently. All equipment should have adequate power for the work and be in first-class operating condition. Breakdowns or delays that stop or slow the place- ment can seriously affect the quality and appearance of the work. Arrangements should be made for readily available backup equipment. Concrete pumps, if used, must be capable of pumping the specified class of concrete through the length of line and elevation at required rates per h. If placement is by c
rane and buckets, wide-mouth buckets with steep-angled
walls should be used to permit rapid and complete discharge of bucket contents. Adequate means of communication be- tween bucket handlers and placing crew should be provided to assure that concrete is charged into buckets only if the placing crew is ready to use the concrete without delay. Concrete should not be allowed to rest exposed to the sun and high temperature before placing it into the form. To m
inimize the
heat gain of the concrete during placement, delivery units, conveyors, pumps, and pump lines should be kept in the
shade if possible. In addition, pump lines should be painted white. Lines can also be cooled by covering with damp bur- lap, kept wet with a soaker hose, or similar means.
4.2.5 Consolidation equipment — There should be ample
vibration equipment and manpower to consolidate the con- crete immediately as it is received in the form. Procedures and equipment are described in ACI 309R. Provision should be made for an ample number of standby vibrators— at least one standby for each three vibrators in use. On sites subject to occasional power outages, portable generators should be available for uninterrupted vibrator operation. Apart from the unsightliness of poorly consolidated concrete, insuffi- cient compaction in t
he form may seriously impair the dura-
bility and structural performance of reinforced concrete.
4.2.6 Preparations for protecting and curing the concrete— Ample water should be available at the project site for moist- ening the subgrade, as well as for fogging forms and rein- forcement prior to concrete placement, and for moist curing if applicable. Fog nozzles should produce a fog blanket.
They should not be confused with common garden-hose noz- zles, which generate an excessive washing spray. Pressure washers with a suitable nozzle attachment may be a practical means for fogging on smaller jobs. Materials and means
should be on hand for erecting temporary windbreaks and shades as needed to protect against drying winds and direct sunlight. Plastic sheeting or sprayable compounds for apply- ing temporary moisture-retaining films should be available to reduce evaporation from flatwork between finishing pass- es. If concrete placed under hot weather conditions is
exposed to rapid temperature drops, thermal protection
should be provided to protect the concrete against thermal- shrinkage cracking. Finally, curing materials should be readily available at the project site to permit prompt protec- tion of all exposed surfaces from premature drying upon completion of the placement.
4.2.7 Preparing incidental work — Due to faster setting and hardening of the concrete in hot weather, the timing of various final operations as saw-cutting joints and applying surface retarders becomes more critical; therefore, these op- erations must be planned in advance. Plans should be made for the timely sawing of contraction joints in flatwork to min- imize cracking due to excessive tensile stresses. Typically, joints that are cut using the conventional wet or dry process Item 1O - Page 35
305R-15HOT WEATHER CONCRETING
are made within 4 to 12 h after the slab has been finished; 4 h in hot weather to 12 h in cold weather. For early entry dry- cut saws, the waiting period will typically vary from 1 h in hot weather to 4 h in cold weather (ACI 302.1R).
4.3—Placement and finishing
4.3.1 General— Speed-up of placement and finishing ma-
terially reduces hot weather difficulties. Delays increase slump loss and invite the addition of water to offset it. Each operation in finishing should be carried out promptly when the concrete is ready for it. The concrete should not be placed faster than it can be properly consolidated and fin- ished. If the placing rate is not coordinated with the available work force and equipment, the quality of the work will be marred by cold joints, poor consolidation, and uneven sur- face finishes.
4.3.2 Placing formed concrete—In hot weather, it is usu- ally necessary to place concrete in shallower layers than those used in moderate weather to assure coverage of the lower layer while it will still respond readily to vibration.
The interval between monolithic wall and deck placements becomes very short in hot weather. This interval may be ex- tended by the judicious use of set-retarding admixtures.
4.3.3 Placement of flatwork —During the depositing of
concrete for flatwork on the ground, the subgrade should be moist, yet free of standing water and soft spots. In placing concreting slabs of any kind, it may be necessary in hot weather to keep the operation confined to a small area and to proceed on a front having a minimum amount of exposed
surface to which concrete is to be added. A fog nozzle
should be used to cool the air, to cool any forms and steel im- mediately ahead, and to lessen rapid evaporation from the concrete surface before and after each finishing operation.
Excessive fog application (which would wash the fresh con- crete surface or cause surplus water to cling to reinforcement or stand on the concrete surface during floating and trowel- ing) must be avoided. Other means of reducing moisture loss include spreading and removing impervious sheeting or ap- plication of sprayable moisture-retaining (monomolecular) films one or more times as needed, between the various fin- ishing operations. Finishing of flatwork should commence af- ter the surface sheen of the (monomolecular) film has
disappeared. These products should not be used as finishing aids or worked into the surface, as concrete durability may be reduced. Contact the product manufacturer for information on proper application and dosage. These procedures may cause a slight increase of the concrete temperature in place due to re- duced evaporative cooling. Generally, the benefit from re- duced moisture evaporation is more important than the
increase of in-place concrete temperature (Berhane 1984).
4.3.4 Plastic-shrinkage cracks — Without protection
against moisture loss, plastic-shrinkage cracks may occur, as described in Section 2.1.5. In relatively massive placements, revibration before floating can sometimes close this type of cracking. Before the concrete reaches final set, the cracks can frequently be closed by striking the surface on each side of the crack with a float. The affected area is then retroweled to level finish.
It serves no lasting purpose to merely trowel a slurry over the cracks, because these are likely to reappear if not firmly closed and immediately covered to avoid evaporation.
4.4—Curing and protection
4.4.1 General— After completing placing and finishing
operations, efforts must continue to protect the concrete from high temperature, direct sunlight, low humidity, and drying winds. If possible, the work should be kept in a uniformly moderate temperature condition to allow the concrete to de- velop its full strength potential. High initial curing tempera- tures are detrimental to the ultimate strength to a greater degree than high placing temperatures (Bloem 1954; Barnes et al 1977; Gaynor et al 1985). Procedures for keeping ex- posed surfaces from drying must be promptly commenced,
with ample coverage and continued without interruption.
Failure to do so may result in excessive shrinkage and crack- ing, and will impair the surface durability and strength of the concrete. Curing should be continued for at least the first 7 days.
If a change in curing method is made during this period, it should be done only after the concrete is 3 days old. The con- crete surface should not be permitted to become dry during the transition. The various methods of curing are described in ACI 308R. The concrete should also be protected against ther- mal-shrinkage cracking from rapid temperature drops, partic- ularly during the first 24 h. This type of cracking is usually associated with a cooling rate of more than 5 F (3 C) per h, or more than 50 F (28 C) in a 24 h period for concrete with a least dimension less than about 12 in. (300 mm). Concrete exposed to rapid cooling has a lower tensile strain capacity and is more susceptible to cracking than concrete that is allowed to cool at a slower rate (ACI 207.4R). Hot weather patterns likely to cause thermal cracking include wide day and night temperature differences and cold rain. Under these condi- tions, the concrete should be protected by placing several layers of waterproof paper over the concrete, or by using oth- er insulating methods and materials described in ACI 306R.
4.4.2 Moist-curing of flatwork —Of the different curing procedures, moist-curing is the best method for developing the strength of concrete and minimizing early drying shrink- age. It can be provided by ponding, covering with clean sand kept continuously wet, or continuous sprinkling. This will require an ample water supply and disposal of the runoff.
When sprinkling is used, care must be taken that erosion of the surface does not occur. A more practical method of
moist-curing is that of covering the prewetted concrete with impervious sheeting or application of absorptive mats or fab- ric kept continuously wet with a soaker hose or similar means. Suitable coverings are described in ACI 308R. These materials should be kept in contact with the concrete surface at all times. Alternate cycles of wetting and drying must be avoided because this may result in pattern cracking. The temperature of water used for curing must be as close as pos- sible to that of the concrete to avoid thermal shock.
4.4.3 Membrane curing of flatwork —Use of liquid mem-
brane-forming compounds is the most practical method of curing where job conditions are not favorable for moist-cur- ing. The membranes restrict the loss of moisture from the Item 1O - Page 36
305R-16 ACI COMMITTEE REPORT
concrete, thereby allowing the development of strength, dura- bility, and abrasion resistance of flatwork. On concrete surfac- es exposed to the sun, heat reflecting white pigmented
compounds should be used. The capability for moisture reten- tion varies considerably between products. For use under hot weather conditions, a material should be selected that provides better moisture retention than required by ASTM C 309. It limits the moisture loss in a 72 h period to not more than 9 lb/ yd
3 (0.55 kg/m 3) when tested in accordance with ASTM C
156. Some agencies have set a more restrictive limit of 0.39 kg/m
2 of moisture loss in a 72 h period. On flatwork, appli- cation should be started immediately after disappearance of the surface water sheen after the final finishing pass. When applied by spraying, the spray nozzles should be held or po- sitioned sufficiently close to the surface to assure the correct application rate and prevent wind-blown dispersion. Manual application should be in two passes, with the second pass proceeding at right angles to the first application. Most cur- ing compounds should not be used on any surface against which additional concrete or other materials are to be bond- ed, unless the curing material will not reduce bond strength or unless removal of the curing material is assured before subsequent bonded construction.
4.4.4 Curing of concrete in forms— Forms should be cov- ered and kept continuously moist during the early curing pe- riod. Formed concrete requires early access to ample external curing water for strength development. This is particularly important when using high-strength concrete having a w/cm less than approximately 0.40 (ACI 363R). The forms should be loosened as soon as this can be done without damage to the concrete, and provisions made for the curing water to run down inside them. Cracking may occur when the concrete
cools rapidly from a high peak temperature and is restrained from contracting. In more massive members, and if the inter- nal temperature rise cannot be controlled by available means, the concrete should be given thermal protection so that it will cool gradually at a rate that will not cause the concrete to crack. After form removal, form tie holes can be filled and any necessary repairs made by uncovering a small portion of the concrete at a time to carry on this work. These repairs should be completed in the first few days after stripping so the repairs and tie-hole fillings can cure with the surrounding con- crete. At the end of the curing period (7 days should be mini- mum; 10 days is better), the covering should be left in place without wetting for several days (4 days is suggested) so that the concrete surface will dry slowly and be less subject to sur- face shrinkage cracking. The effects of drying can also be min- imized by applying a sprayable curing compound at the end of the moist-curing period.
CHAPTER 5—TESTING AND INSPECTION
5.1— Testing
5.1.1 Tests on the fresh concrete sample should be con- ducted and specimens prepared in accordance with applica- ble ASTM Standards. Tests should be performed by an ACI certified concrete technician. The sample should be as repre- sentative as possible of the potential strength and other prop- erties of the concrete as delivered. High temperature, low relative humidity, and drying winds are particularly detri- mental to the sample of fresh concrete used for making tests and molding specimens. Leaving the sample of fresh con- crete exposed to sun, wind, or dry air will invalidate test results.
5.1.2 It is sometimes desirable in hot weather to conduct tests such as slump, air content, ambient and concrete tem- perature, relative humidity, and unit weight more frequently than for normal conditions.
5.1.3 The most important factor affecting plastic shrink- age is the evaporation rate, which can be estimated from Fig. 2.1.5 with the prevailing temperature, relative humidity, and wind speed. The evaporation rate can be determined
more accurately by evaporating water from a cake pan hav- ing an area of approximately 1 ft
2 (0.093 m 2). The pan is
filled with water and the mass determined every 15 to 20 min to determine the evaporation rate, which is equal to the loss of water mass from the pan. A balance of at least 5.5 lb (2500 g) capacity is satisfactory.
5.1.4 Particular attention should be given to the protection and curing of strength test specimens used as a basis for acceptance of concrete. Due to their small size in relation to most parts of the structure, test specimens are influenced more readily by changes in ambient temperatures. Extra ef- fort is needed in hot weather to maintain strength test speci- mens at a temperature of 60 to 80 F (16 to 27 C) and to prevent moisture loss during the initial curing period, in accordance with ASTM C 31/C 31M. If possible, the speci- mens should be provided with an impervious cover and
placed in a temperature-controlled job facility immediately after molding. If stored outside, exposure to the sun should be avoided and the cooling effect of evaporating water
should be used to help provide the required curing condition.
The following methods for nonpotentially absorptive test molds have been found practical:
Embedding in damp sand. Care should be taken to
maintain sand in continuously moist conditions (not
to be used for cardboard molds);
Covering with wet burlap. Care should be taken to
maintain burlap in a continuously moist condition and
out of contact with the concrete;
Continuous fog sprays. Care should be taken to pre-
vent interruptions of the fog spray; and
Total immersion in water (not to be used for card-
board molds). Specimens may be immersed immedi-
ately in saturated limewater after molding. Because
specimens are made with hydraulic cement, which
hardens under water, specimen cylinders need not be
covered with a cap, but generally they are, as a pre-
cautionary measure to prevent external damage.
5.1.5 Molds must not be of a type that is potentially ab- sorptive and expands when in contact with moisture or
when immersed in water. Molds should meet the require-
ments of ASTM C 470. Merely covering the top of the
molded test cylinder with a lid or plate is usually not suffi- cient in hot weather to prevent loss of moisture and to maintain the required initial curing temperature. During the transfer to the testing facility, the specimens should be kept moist and also Item 1O - Page 37
305R-17HOT WEATHER CONCRETING
be protected and handled carefully. They should then be stored in a moist condition at 73 ±2 F (23 ±1.7 C) until the moment of test.
5.1.6 Specimens in addition to those required for accep- tance may be made and cured at the job site to assist in de- termining when forms can be removed, when shoring can be removed, and when the placement can be placed in service.
Unless specimens used for these purposes are cured at the same place and as nearly as possible under the same condi- tions as the placement, results of the tests can be misleading.
Alternative test methods for determining in place concrete strength are described in ASTM C 900 and ASTM C 918.
5.2—Inspection
5.2.1 The numerous details to be looked after in concrete construction are covered in ACI 311.1R and 311.4R. The
particular effects of hot weather on concrete performance and the precautions to be taken to minimize adverse effects have been discussed previously. Project inspection of con- crete is necessary to ensure compliance with these additional precautions and procedures. Adequate inspection is also necessary to verify and document this compliance. The need for such measures as spraying of forms and subgrade, cool- ing concrete, providing sunshades, windscreens, or fogging and the like, and minimizing delays in placement and curing should be anticipated.
5.2.2 Air temperature, concrete temperature (ASTM C
1064), general weather conditions (clear, cloudy), wind speed, relative humidity, and evaporation rate should be re- corded at frequent intervals. In addition, the following should be recorded and identified with the work in progress so that conditions relating to any part of the concrete con- struction can be identified at a later date:
All water added to the mixture with corresponding
mixing times;
Time batched, time discharge started, and time dis-
charge completed;
Concrete temperature at time of delivery and after plac- ing concrete;
Observations on the appearance of concrete as deliv-
ered and after placing in forms;
Slump of concrete as delivered;
Slump of concrete as discharged; and
Protection and curing:
Method;
Time of application;
Rate of application;
Visual appearance of concrete; and
Duration of curing.
These observations should be included in the permanent
project records.
CHAPTER 6—REFERENCES
6.1—Referenced standards and reports
The documents of the various standards-producing orga-
nizations referred to in this document are listed below with their serial designation.
American Concrete Institute
116R Cement and Concrete Terminology
201.2R Guide to Durable Concrete
207.1R Mass Concrete
207.2R Effect of Restraint, Volume Change, and Rein-
forcement on Cracking of Massive Concrete
207.4R Cooling and Insulating Systems for Mass Con-
crete
211.1R Standard Practice for Selecting Proportions for
Normal, Heavyweight, and Mass Concrete
211.2 Standard Practice for Selecting Proportions for
Structural Lightweight Concrete
211R Guide for the Use of Normal Weight Aggre-
gates in Concrete
212.3R Chemical Admixtures for Concrete
221R Guide for Use of Normal Weight Aggregates in
Concrete
223R Standard Practice for the Use of Shrink-
age-Compensating Concrete
224R Control of Cracking in Concrete Structures
224.3R Joints in Concrete Construction
225R Guide to the Selection and Use of Hydraulic
Cements
226.3R Use of Fly Ash in Concrete
234R Guide for the Use of Silica Fume in Concrete
301 Specifications for Structural Concrete for
Buildings
302.1R Guide for Concrete Floor and Slab Construc-
tion
304R Guide for Measuring, Mixing, Transporting,
and Placing Concrete
306R Cold Weather Concreting
308R Standard Practice for Curing Concrete
309R Guide for Consolidation of Concrete
311.1R/ Manual of Concrete Inspection
(SP-2)
311.4R Guide for Concrete Inspection Programs
318/ Building Code Requirements for Structural
318R Concrete And Commentary
318M/ Building Code Requirements for Structural
318RM Concrete And Commentary
363R
State-of-the-Art Report on High Strength Concrete
E4-96 Chemical and Air-Entraining Admixtures for
Concrete
ASTM
C 31/C 31M Standard Practice for Making and Curing
Concrete Test Specimens in the Field
C 156 Standard Test Method for Water Retention
by Concrete Curing Materials
C 172 Standard Practice for Sampling Freshly
Mixed Concrete
C 192 Standard Practice for Making and Curing
Concrete Test Specimens in the Laboratory
C 309 Standard Specification for Liquid Mem-
brane-Forming Compounds for Curing
Concrete
Item 1O - Page 38
305R-18 ACI COMMITTEE REPORT
C 494 Standard Specification for Chemical Ad-
mixtures for Concrete
C 595 Standard Specification for Blended Hy-
draulic Cements
C 618 Standard Specification for Fly Ash and
Raw or Calcined Natural Pozzolan for Use
as a Mineral Admixture in Portland Cement
Concrete
C 989 Standard Specification for Ground Granu-
lated Blast-Furnace Slag for Use in Con-
crete and Mortars
C 1017 Standard Specification for Chemical Ad-
mixtures for Use in Producing Flowing
Concrete
C 1064 Standard Test Method for Temperature of
Freshly Mixed Portland-Cement Concrete
STP 169 C Significance of Tests and Properties of
Concrete and Concrete-Making Materials,
1994, 571 pp.
These publications may be obtained from the following or- ganizations:
American Concrete Institute
P.O. Box 9094
Farmington Hills, Mich. 48333-9094
ASTM
100 Barr Harbor Drive
West Conshohocken, Pa. 19428
6.2— Cited references
American Concrete Institute, 1996, “Practitioner’s Guide to Hot Weather Concreting,” ACI PP-1.
Barnes, B. D.; Orndorff, R. L.; and Roten, J. E., 1977, “Low Initial Curing Temperature Improves the Strength of Concrete Test Cylinders,” ACI J
OURNAL, Proceedings V. 74,
No. 12, Dec., pp. 612-615.
Berhane, Z., 1984, “Evaporation of Water from Fresh
Mortar and Concrete at Different Environmental Condi-
tions,” ACI JOURNAL, Proceedings V. 81, No. 6, Nov.-Dec., pp. 560-565.
Bloem, D., 1954, “Effect of Curing Conditions on Com-
pressive Strengths of Concrete Cylinders, ” Publication No. 53, National Ready Mixed Concrete Association, Dec., 15 pp.
Cebeci, O. Z., 1986, “Hydration and Porosity of Cement
Paste in Warm and Dry Environment, ” 8th International
Congress on the Chemistry of Cement, Rio de Janeiro, V. III, pp. 412-416; 423-424.
Cebeci, O. Z., 1987, “Strength of Concrete in Warm and
Dry Environment,” Materials and Structures, Research and Testing (RILEM, Paris), V. 20, No. 118, July pp. 270-272.
Collepardi, M.; Corradi, M.; and Valente, M., 1979,
“Low-Slump-Loss Superplasticized Concrete, ” Transporta- tion Research Record 720 , Transportation Research Board, Washington, D.C., Jan., pp. 7-12,
Gaynor, R. D.; Meininger, R. C.; and Khan, T. S., 1985, “Effects of Temperature and Delivery Time on Concrete
Proportions,” Temperature Effects on Concrete, STP-858, ASTM, Philadelphia, pp. 68-87.
Guennewig, T., 1988, “Cost-Effective Use of Superplasticiz- ers,” Concrete International: Design & Construction , V. 10 , No. 3, Mar., pp. 31-34.
Hampton, J. S., 1981, “Extended Workability of Concrete Containing High-Range Water-Reducing Admixtures in Hot
Weather,” Developments in the Use of Superplasticizers , SP-68, V. M. Malhotra, ed., American Concrete Institute, Farmington Hills, Mich., pp. 409-422.
Klieger, P., 1958, “Effect of Mixing and Curing Tempera- ture on Concrete Strength, ” ACI J
OURNAL, Proceedings V.
54, No. 12, June, pp. 1063-1081. Also, Research Department Bulletin 103, Portland Cement Association.
Lee, M., 1987, “New Technology in Concrete Cooling, ”
Concrete Products, V. 89, No. 7, July, pp. 24-26, 36.
Lerch, William, 1957, “Plastic Shrinkage,” ACI JOURNAL, Proceedings, V. 53, No. 8, Feb., 797-802.
Mentha, P. K., 1986, “Concrete Structure, Properties and Materials”, pp. 56-57
Mittelacher, M., 1985, “Effect of Hot Weather Conditions on the Strength Performance of Set-Retarded Field Con-
crete,” Temperature Effects on Concrete, STP 858, ASTM, Philadelphia, pp. 88-106.
Mittelacher, M., 1992, “Compressive Strength and The
Rising Temperature of Field Concrete, ” Concrete Interna- tional, V.14, No.12, Dec., pp 29–33.
National Ready Mixed Concrete Association, 1962,
“Cooling Ready Mixed Concrete,” Publication No. 106, Sil- ver Spring, June, 7 pp.
Olivieri, E., and Martin, I., 1963, “Curing of Concrete in Puerto Rico,” Revista, Colegio de Agricultura y Artes
Mecanicas, Universidad de Puerto Rico, Mayaguez.
Portland Cement Association, 1992, “Design And Control
of Concrete Mixtures,” Thirteenth Edition, p. 80.
Ravina, D., 1984, “Slump Loss of Fly Ash Concrete, ”
Concrete International: Design & Construction , Proceed- ings, V. 6, No. 4, Apr., pp. 35-39.
Ravina, D., and Shalon, R., 1968a, “Shrinkage of Fresh Mor- tars Cast under and Exposed to Hot Dry Climatic Conditions, ” Proceedings, Colloquium on Shrinkage of Hydraulic Concrete, RILEM/Cembureau, Paris, V. 2, (published by Instituto Eduardo Torroja, Madrid).
Ravina, D., and Shalon, R., 1968b, “Plastic Shrinkage and Cracking,” ACI JOURNAL, Proceedings V. 65, No. 4, Apr., pp. 282-291.
Shilstone J., Sr., and Shilstone J., Jr., 1993, “High-Perfor- mance Concrete Mixtures For Durability,” High-Performance Concrete in Severe Environments, SP–140, P. Zia, ed. Amer- ican Concrete Institute, Farmington Hills, Mich., pp. 281–305.
Tuthill, L. H., and Cordon, W. A., 1955, “ Properties and Uses of Initially Retarded Concrete,” ACI J OURNAL, Pro- ceedings V. 52, No. 3, Nov., pp. 273-286.
U.S. Bureau of Reclamation, 1952, “Effect of Initial Cur- ing Temperatures on the Compressive Strength and Durabil- ity of Concrete,” Report No. C-625, Denver, 7 pp.
Item 1O - Page 39
305R-19HOT WEATHER CONCRETING
U.S. Bureau of Reclamation, 1975, Concrete Manual, 8th
Edition., Denver, 627 pp.
Verbeck, G. J., and Helmuth, R. H., 1968, “Structure and Physical Properties of Cement Pastes,” Proceedings, Fifth International Symposium on the Chemistry of Cement, To- kyo, V. III, pp. 1-32.
Yamamoto, Y. and Kobayashi, S., 1986, “Effect of Tem-
perature on the Properties of Superplasticized Concrete, ” ACI JOURNAL, Proceedings V. 83, No. 1, Jan-Feb., pp. 80-87 APPENDIX A— ESTIMATING CONCRETE
TEMPERATURE
A1— Equations for estimating temperature T of
freshly mixed concrete are shown in the following.
Without ice (in. – lb and SI units)
(A-1)
With ice (in. – lb units)
(A-2)
With ice (SI units)
(A-3)
where
Ta = temperature of aggregate
Tc = temperature of cement
Tw = temperature of batched mixing water from normal
supply excluding ice
Ti = temperature of ice. (Note: The temperature of free and absorbed water on the aggregate is assumed to
be the same temperature as the aggregate. All tem-
peratures are in F or C.)
Wa = dry mass of aggregate
Wc = mass of cement
Wi = mass of ice
Ww = mass of batched mixing water
Wwa = mass of free and absorbed moisture in aggregate
at Ta. (Note: All masses are in lb or kg.)
A2— Eq. (A-2) and (A-3), for estimating the temperature of concrete with ice in U. S. customary or SI units, assume that the ice is at its melting point. A more exact approach would be to use Eq. (A-4) or (A-5), which includes the tem- perature of the ice.
With ice (in. – lb units)
(A-4)
T 0.22 T
aWa TcWc+() TwWw TaWwa++
0.22 Wa Wc+() Ww Wwa++--------------------------------------------------------------------------------------------= T 0.22 TaWa TcWc+() TwWw TaWwa 112Wi–++
0.22 Wa Wc+() Ww Wi Wwa++ +------------------------------------------------------------------------------------------------------------------= T 0.22 TaWa TcWc+() TwWw TaWwa 79.6Ww++
0.22 Wa Wc+() Ww Ww Wi Wwa+++ +---------------------------------------------------------------------------------------------------------------= T 0.22 TaWa TcWc+() TwWw+
0.22 Wa Wc+() Ww Wi Wwa 79.6Ww++ +---------------------------------------------------------------------------------------------------= With ice (SI units)
(A-5)
APPENDIX B— METHODS OF COOLING FRESH
CONCRETE
The summary is limited to a description of methods suit- able for most structural uses of concrete. Methods for the cooling of mass concrete are explained in ACI 207.4R.
B1—Cooling with chilled mixing water
Concrete can be cooled to a moderate extent by using
chilled mixing water; the maximum reduction in concrete temperature that can be obtained is approximately 10 F (6 C).
The quantity of cooled water cannot exceed the mixing wa- ter requirement, which will depend upon the moisture con- tent of aggregates and mixture proportions. The method
involves a significant investment in mechanical refrigeration equipment and insulated water storage large enough for the anticipated hourly and daily production rates of cooled con- crete. Available systems include one that is based on
heat-pump technology, which is usable for both cooling and heating of concrete. Apart from its initial installation cost, this system appears to offer cooling at the lowest cost of available systems for cooling mixing water.
B2—Liquid nitrogen cooling of mixing water
Mixing water can be chilled rapidly through injection of liquid nitrogen into an insulated holding tank. This chilled water is then dispensed into the batch. Alternatively, the mixing water may be turned into ice slush by liquid nitrogen injection into the mixing water stream as it is discharged into the mixer. The system enables cooling by as much as 20 F (11 C). The ratio of ice-to-water in the slush must be adjusted to produce the temperature of concrete desired. Installation of this system requires insulated mixing water storage, a nitrogen supply vessel, batch controls, and auxiliary equipment. Apart from installation costs, there are operating expenses from liq- uid nitrogen usage and rental fees for the nitrogen supply ves- sel. The method differs from that by direct liquid nitrogen injection into mixed concrete described in B4.
B3—Cooling concrete with ice
Concrete can be cooled by using ice for part of the mixing water. The amount of cooling is limited by the amount of mixing water available for ice substitution. For most con- crete, the maximum temperature reduction is approximately 20 F (11 C). For correct proportioning, the ice must be weighed.
Cooling with block ice involves the use of a crusher/slinger unit, which can finely crush a block of ice and blow it into T
aWwa + Wi 128 0.5 Ti–()–
0.22 Wa Wc+() Ww Wi Wwa++ +--------------------------------------------------------------------------------+ T 0.22 T( aWa TcWc )TwWw–
0.22 Wa Wc+() Ww Wi W+ wa++--------------------------------------------------------------------------------= TaWwa Wi– 79.6 0.5 Ti–()+
0.22 Wa Wc+() Ww Wi W+ wa++--------------------------------------------------------------------------------+ Item 1O - Page 40
305R-20 ACI COMMITTEE REPORT
the mixer. A major obstacle to the use of block ice in many areas is insufficient supply. Costs of using block ice are: the cost of ice including transportation, refrigerated storage, han- dling and crushing equipment, additional labor, and if re- quired, provisions for weighing the ice. An alternative to using block ice is to set up an ice plant near the concrete plant. As the ice is produced, it is weighed, crushed, and con- veyed into the mixer. It may also be produced and used as flake ice. This system requires a large capital investment.
B4— Cooling mixed concrete with liquid nitrogen
B4.1 Injection of liquid nitrogen into freshly mixed con- crete is an effective method for reduction of concrete temper- ature. The practical lower limit of concrete temperature is reached when concrete nearest the injection nozzle forms into a frozen lump; this is likely to occur when the desired concrete temperature is less than 50 F. The method has been successfully used in a number of major concrete placements.
The performance of concrete was not affected adversely by its exposure to large amounts of liquid nitrogen. Cost of this method is relatively high, but it may be justified on the basis of practical considerations and overall effectiveness.
B4.2 Installations of the system consist of a nitrogen sup- ply vessel and injection facility for central mixers, or one or more injection stations for truck mixers. The system can be set up at the construction site for last-minute cooling of the concrete before placement. This reduces temperature gains of cooled concrete in transit between the concrete plant and job site. Coordination is required in the dispatching of liquid ni- trogen tanker trucks to injection stations for the timely replen- ishing of gas consumed in the cooling operations. The
quantity of liquid nitrogen required will vary according to mixture proportions and constituents, and the amount of tem- perature reduction. The use of 135 ft
3 (48 m3) of liquid nitro-
gen will usually reduce concrete temperature 1 F (0.5 C).
B5— Cooling of coarse aggregates
B5.1 An effective method of lowering the temperature of the coarse aggregate is by cool water spraying or inundation.
Coarse aggregate has the greatest mass in a typical concrete mixture. Reducing the temperature of the aggregate approx- imately 2 ±0.5 F (1 ±0.5C) will lower the final concrete tem- perature approximately 1 F (0. 5 C). To use this method, the producer must have available large amounts of chilled water and the necessary water-cooling equipment for production requirements. This method is most effective when adequate amounts of coarse material are contained in a silo or bin so that cooling can be accomplished in a short period of time.
Care must be taken to evenly inundate the material so that slump variation from load to load is minimized.
B5.2 Cooling of coarse aggregate can also be accom-
plished by blowing air through the moist aggregate. The air flow will enhance evaporative cooling and can bring the coarse aggregate temperature within 2 F (1 C) of wet bulb temperature. Effectiveness of the method depends on ambi- ent temperature, relative humidity, and velocity of air flow.
The added refinement of using chilled air instead of air at ambient temperature can reduce the coarse aggregate tem- perature to as low as 45 F (7 C). This method, however, in- volves a relatively high installation cost.
Item 1O - Page 41
ACI 305R
ACI 305.1
CNY Engineering Expo
November 11, 2013
ATLANTIC TESTING LABORATORIES
Hot Weather
Concreting
Item 1O - Page 42
Topics of Discussion
5 Essentials of Quality Concrete
Hot Weather – Defined by ACI
Potential Problems in Hot Weather
Mitigation Procedures
Considerations During and After Placement
Specification for Hot Weather Concreting
(ACI 305.1-06)
Item 1O - Page 43
Concrete – The Bread of the
Construction Industry
Item 1O - Page 44
5 Essentials of Quality Concrete
Suitable Materials
Proportioning, Mixing, and Transportation
Placement and Consolidation
Finishing and Jointing
Curing
Item 1O - Page 45
Hot Weather Concreting – Defined
by ACI 305R
High ambient temperatures
High concrete temperatures
Low relative humidity
High wind speed
Solar radiation
Any combination that will impair the quality of
the concrete due to accelerated moisture
loss or cement hydration
Item 1O - Page 46
Evaluation Question
Q. How does ACI 305 define Hot Weather?
A. Any combination of the following:
i. High ambient temperatures
ii. High concrete temperatures
iii. Low relative humidity
iv. Wind speed
v. Solar radiation
Item 1O - Page 47
Potential Problems in Hot Weather
– Fresh/Plastic State
Increased slump loss and water demand
Increased rate of setting
Plastic shrinkage cracking
Difficulty controlling entrained air content
Item 1O - Page 48
Potential Problems in Hot Weather
– Fresh/Plastic State (Cont’d)
Set Time vs. Air
Temperature
– Approximately
30% decrease in
set time for every
10°F increase in
temperature
Portland Cement Association
Item 1O - Page 49
Evaluation Question
Q. True or False: Air content is easier to
control in hot weather?
A. False
Item 1O - Page 50
Potential Problems in Hot Weather
– Fresh/Plastic State (Cont’d)
Plastic Shrinkage Cracks
– Occurs when rate of evaporation exceeds the rate
of bleeding
– Typically shallow, but could be considerably deep
(>0.5T)
– Parallel oriented, closely spaced (approx. 1'-3')
– Could significantly reduce durability
Item 1O - Page 51
Plastic Shrinkage Cracks
Picture from TxDoT
Item 1O - Page 52
Plastic Shrinkage Cracks
Item 1O - Page 53
Plastic Shrinkage Cracks
TxDoT
Item 1O - Page 54
Evaluation Question
Q. Why do plastic shrinkage cracks occur?
A. The rate of evaporation exceeds the rate of
bleeding – the volume of the concrete changes
Item 1O - Page 55
Potential Problems in Hot Weather
– Hardened State
Increased tendency for drying shrinkage
Decreased durability from cracking
Increased permeability
Increased potential for corrosion of
reinforcing steel
Variability in surface appearance – color
variations or cold joints
Decreased 28-day compressive strength
Item 1O - Page 56
Drying Shrinkage Cracks and
Color Changes
Item 1O - Page 57
Common Practices for Mitigation
Cool the concrete and subgrade
Proper concrete consistency for rapid
placement and effective consolidation (use
admixtures, not water)
Minimize time to transport, place, and finish
Proper planning!
Item 1O - Page 58
Controlling Concrete
Temperatures During Production
Protect the ingredients from sunlight
Cool the ingredients – Water, cement, coarse
and fine aggregates
Cooling can be achieved with water, ice ($), or
nitrogen ($$)
Cooling the aggregates will have the greatest
effect
– Cooling the coarse aggregate by 2° F will
cool the concrete by approximately 1° F
Item 1O - Page 59
Cooling with Liquid Nitrogen (LN)
Inert gas –
Does not
react
chemically
Relatively
safe if used
properly
Item 1O - Page 60
Cooling with Ice - Flaked
Increased
Surface Area
Decreased
mixing time
Calculations
are relatively
simple
Item 1O - Page 61
Material Temperatures and
Concrete Temperature
Portland Cement Association
Item 1O - Page 62
Estimating Concrete Temperature
(Appendix A – ACI 305R)
Item 1O - Page 63
Evaluation Question
Q. Prior to and during production, what has the
greatest effect in cooling concrete?
A. Cooling the aggregates, especially coarse
aggregates (approximately 2:1 ratio)
Item 1O - Page 64
Considerations During Placement
Planning and preparation – equipment,
people, water, etc.
Time of day, or season
Project schedule
Formed surfaces vs. flatwork
Weather – Wind, humidity, temperature, etc.
Item 1O - Page 65
ACI 305R-99
Figure 2.1.5
Use Figure 2.1.5
if project
specifications
have limits on
evaporation
rates during
placement (i.e.
ACI 305.1)
Item 1O - Page 66
Considerations for Curing and
Protection
Concrete must be protected from moisture
loss – high temperatures, direct sunlight, low
humidity, high winds
Keep exposed surfaces from drying for 7
days – moist or membrane curing (ACI 305)
Formed surface should be loosened so
curing water can be applied
Avoid rapid heat loss/gain: 5 °F/hr. or 50
°F/24 hrs. (ACI 305)
Item 1O - Page 67
Curing and Protection
Item 1O - Page 68
Curing and Protection
Item 1O - Page 69
Evaluation Question
Q. ACI 305 recommends that concrete curing
procedures continue for at least how many
days?
A. 7 days. Exposed surfaces should be kept
from drying, by either moist or membrane
curing methods.
Item 1O - Page 70
Testing Considerations
Sample and test in accordance with applicable
ASTM standards, perhaps more frequently
Avoid moisture loss in composite sample used
for testing
Avoid moisture loss in strength specimens
Maintain proper curing temperatures for
strength specimens (60°F – 80°F, <6000 psi)
– To properly evaluate, must be properly
cured
Item 1O - Page 71
Hot Weather Inspections
Carefully read and understand project
specifications
Frequently document air and concrete
temperatures, humidity, wind, evaporation rate,
etc.
Document all the test results
Document placement and curing procedures
Notes should be part of the permanent project
records
Item 1O - Page 72
Specification for Hot Weather
Concreting (ACI 305.1-xx)
Incorporated by reference in the Project
Specifications
– “Work on (Project Title) shall conform to all
requirements of ACI 305.1-xx,
Specification for Hot Weather Concreting,
published by the American Concrete
Institute, Farmington Hills, MI, except as
modified by these documents.”
Item 1O - Page 73
Specification for Hot Weather
Concreting (ACI 305.1-xx)
Recommended to be used in entirety, not
“cut and paste” as desired
Written in the three-part section format of the
Construction Specification Institute (CSI)
– Section 1 – General
– Section 2 – Products
– Section 3 - Execution
Item 1O - Page 74
Summary
Avoid accelerated moisture loss
Design mixes for workability and placement
Control concrete temperatures, if possible
Test and inspect in accordance with contract
documents and specifications
Plan for hot weather!
Item 1O - Page 75
Question & Answer
Item 1O - Page 76
ATTACHMENT C
Item 1O - Page 77
Item 1O - Page 78
1. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
C.W . Driver, LLC
2. Address of Entity (Principle Place of Business)
468 North Rosemead Boulevard Pasadena, California 91107
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State California
If other than California, is the Entitv also reqistered in California ? n Yes n No
5. Type of Entity
D Corporation G Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Dana Roberts
Karl Kreutziger
Carl Lowman
(Revised 05/16/19)
G Officer D Director D Member D Manager
[name]
D General Partner O Limited Partner
Other
G Officer D Director D Member O Manager
[name]
D General Partner D Limited Partner
Other
[!] Officer D Director D Member O Manager
[name]
D General Partner D Limited Partner
Other
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM