13. Street and Lane Closures – Temporary Traffic Control The Contractor is responsible for adhering to all guidelines as stated in Section
12.20.0202 of Title 12 of the City Code pertaining to the Closure of Streets for Work. The Contractor shall submit a Traffic Control Plan to the Inspector to whom the Contractor is assigned at least 10 days prior to the commencement of work. The Traffic Control Plan shall be developed within the following parameters:
a. Contractor must adhere to all guidelines as stated in Section as.20.030 of Title 12 of the Sacramento City Code pertaining to the Traffic Control Plan – Requirements and Section 6- 10 of the Standard Specifications for Public Construction.
b. Traffic flow plans shall include the placement of barricades and warning signs.
The plan shall outline the work order, duration of work, and methods for moving traffic through the construction area. Normal passage shall be available to pedestrians and meet all ADA requirements for user with disabilities. The plan shall show the flow of movement for pedestrian and bicycle traffic altered by the construction or excavation. Traffic Control Plans are to follow the guidelines and requirements of the California Manual of Uniform Traffic Control Devices. c. Arrow and message boards for lane closures will be used at the direction of the City, or as required by the approved traffic control plan. d. Contractor is responsible for monitoring and maintaining all traffic and pedestrian control features, devices, and equipment from start to completion of the repair and maintenance project and/or as directed by the Inspector. e. Contractor is responsible for coordinating with the City of Sacramento’s Utility Department at least five (5) days prior to the commencement of work requiring fire hydrant shutdown. Contractor shall provide the fire hydrant shutdown schedule to the Inspector at least five (5) days in advance of work commencement.
14. Holiday Season Street Work Moratorium
To reduce traffic congestion during the holiday season, no construction or maintenance projects will be allowed on any of the streets listed on Exhibit B during the holiday season. The holiday season begins Thanksgiving Day and ends on the first workday after New Year’s Day. Exceptions may be approved on a case-by - case basis.
No street or sidewalk work, cuts, or trenching will be allowed during this period on the listed streets. All existing street work that cannot be completed prior to the moratorium shall be back filled and paved. All barricades and barriers shall be removed from all travel lanes.
Only emergency repairs will be permitted during this holiday period. All such repairs shall be immediately reported to the assigned Inspector, not later than one hour of the determined need. If an emergency arises during the City’s non- working hours, notification to the above office shall be made prior to 9:00 a.m. of the following workday.
15. Materials
Construction materials shall conform to Section 10, Construction Materials, of the City of Sacramento’s Standard Specifications for Public Construction. a. Concrete
i. All concrete placed shall contain six (6) sacks (576 lbs.) of Portland cement per cubic yard and shall have a maximum size for coarse aggregate of one inch (1”).
ii. Portland Cement used in said concrete shall conform to the American Society for Testing Materials Designation C150, Type II. iii. Unless otherwise specified, all work for curb, gutter, and sidewalks shall conform to Section 24 – Curbs, Sidewalks, and Gutters of the City of Sacramento’s Standard Specifications for Public Construction (June 2007). iv. Concrete shall contain 1 pound of lamp black per cubic yard of concrete, unless otherwise directed by the Work Order or the City Inspector. v. Original concrete load tags shall be retained by Contractor for a minimum of one (1) year after completion and acceptance of a project and provide them to the City upon request.
b. Reinforcing Steel
Reinforcing steel shall conform to Section 52, Bar Reinforcement, in the State of California, Department of Transportation. Unless otherwise provided by the Special Provisions, bar reinforcement shall be deformed and shall be Grade 60 conforming to the “Deformed Billet -Steel Bars for Concrete Reinforcement” (ASTM Designation A 615).
Welded steel wire fabric for concrete reinforcement shall conform to ASTM Designation: A 185. The gauge of the wire and the dimensions of the mesh will be shown on the plans.
c. Curb Dowel and Tie Bars
Dowel and tie bars for curbs shall conform to ASTM Designation: A 165, Grade 60 or Grade 40 may be used at the Contractor’s option. d. Excavated Materials and Spoils
Contractor shall remove all excavated and spoil materials from the job site daily unless authorized by the Inspector. Failure to remove the excavated and spoil materials will result in a demerit.
e. City Provided Materials
The City of Sacramento shall provide the following materials: rubber sidewalk panels, sidewalk metal plates and specs , sidewalk drains, gutter drain, door hangers, and No Parking postings.
16. Grading
Subgrades for pavement, curb and gutter, sidewalk, lined channels and ditches, or for rock base under pavements shall be furnished accurately and true to the lines and sections shown on the plans, within a tolerance of + or –0.05 feet. The finished subgrade immediately prior to placing subsequent material thereon shall have a relative compaction of not less than ninety five percent (95%). The subgrade shall be free of segregated material and shall be smooth and true to the required grade and cross section. The Contractor will repair at his expense any damage to a prepared subgrade caused by his operation or by use of public traffic. No material shall be placed upon the prepared subgrade until it is in a condition meeting the requirement specified.
17. Landscape and Irrigation
a. The Contractor will be required to backfill all areas between ( a) the back of the curb and sidewalk, and (b) back of sidewalk and property line. b. Landscape fill shall consist of fertile, friable soil of loamy character. It shall be obtained from well drained, arable land and shall be free from subsoil, refuse, roots, heavy or stiff clay, stones larger than one inch (1”) in size, coarse sand, noxious weeds such as Bermuda, Nut Grass and Morning Glory, stocks, brush, l itter and other deleterious substances. Topsoil shall be capable of sustaining healthy plant life.
c. When requested by the City, the Contractor will provide sod replacement in areas behind the curb in park strip areas and behind the sidewalk as deemed necessary and authorized by the Inspector. Payment for this work will be paid on a square foot price as listed on the Pricing Schedule of this contract. d. Contractor is responsible for repairing and replacing any irrigation that is damage through the excavation or replacement work of the project. e. Contractor must complete all repairs within 24- hours of notification from the inspector.
18. Gutter Drains
Cast iron gutter drains of the type indicated by the plans shall be installed at points designated. The types of Standard City of Sacramento Gutter Drains are provided in the Standard Specifications for Public Works Construction, Section 38 , Standard Drawings.
The drains to be set under this contract will be furnished by the City. Gutter drains shall be cemented flush with the surface of the concrete gutter, and/or curb.
19. Erosion and Sediment Control
Attention is directed to Section 16-3, Erosion, Sediment, and Pollution Control , of the City of Sacramento Standard Specifications and the Administrative and Technical Procedures Manual for Grading, Erosion and Sediment Control , dated J une 2007.
Before starting on the project, the Contractor shall submit for acceptance by the Inspector, an erosion and sediment control plan. The plan shall be implemented during construction of the project to control the major sources of urban runoff pollution from the construction site, including erosion, sedimentation, and improper handling/storage of construction materials and equipment. The elements listed below shall be considered in the development of the plan and the plan shall i nclude sufficient detail to assure the objectives will be satisfied.
a. Wash water, slurry and sediment from concrete and asphalt saw cutting operations shall not be allowed to enter the City storm drain system, but instead must be vacuumed and disposed of by Contractor in a manner approved by the Inspector. No dumping into tree wells or other planting areas, or open cuts.
b. Vegetation Stabilization – Preservation of existing vegetation; seeding and planting; mulching; providing grassy swales and buffers. c. Physical Stabilization – Jute Netting; Drain Outlet Protection; Dust Control; Rocked or Paved driveways from project site to street to prevent tracking dirt unto the public right-of-way and gutters.
d. Sediment Controls – Silt fences; check dams; straw bale barriers; sandbag barriers; rock filter beds; sediment traps, sediment basins, drop inlet protection such as straw bales, gravel traps and filters, burlap filters, and sandbag protection.
e.Specific Maintenance Plan and Program - Establishes a frequency of checking erosion and sediment
controls after they have initially have been
constructed through the end of the project.
f. Construction Site Housekeeping Practices – Stabilized construction entrances; solid waste management; material storage and delivery; concrete waste disposal; hazardous materials management; m aintenance and cleaning; spill prevention and control; daily maintenance and clean-up. g. Concrete Waste Management- Contractor shall arrange for concrete wastes to be disposed of off -site or in one designated on –site area. Concrete wastes, including leftover concrete and material from washing out the concrete truck, shall not be disposed of in a trench or washed into the storm drain system.
20. Barricades
The Contractor will furnish and place Type 1 barricades, in good condition, when they remove the curb, gutter, and/or sidewalk. The City will only supply barricades when the City does the removal. Barricades shall remain in place a minimum of 72- hours after concrete has been poured on new curb and gutter. Barricades shall be placed so as to prohibit vehicles from parking adjacent to new work; spacing shall not exceed twenty (20) feet between barricades.
Barricades used and set -up on the sidewalk and curb ramp construction shall be equipped with all necessary features such as, upper and lower railings, signs, lights, etc., that are required to comply and meet all ADA regulations pertaining to disabl ed pedestrian traffic and pedestrian control. Reference the City of Sacramento Sidewalk Closure Policy and Standards, dated August 14, 2007.
Contractor shall be responsible for monitoring and keeping barricades placed on curb and gutter work site during the 72- hours requirement period and/or until paved back by City Crews. Contractor is responsible for barricade removal once all time requirements have elapsed and/or City crews have completed pave-back work.
All other barricades shall be removed within 24- hours of completion of concrete work or as deemed appropriate by the Inspector.
21. Repaving
When repaving is needed, the Contractor shall notify the Maintenance Services Division’s Lead Construction Inspector by email within 48-hours after the concrete has been poured. Contractor will specify in the email when a driveway is impacted. Failure to comply will result in a demerit.
22. Time Limits
Each Repair Work Order will be completed as indicated:
a. “Individual Repair Orders” will be completed within ten (10) working days after direction to proceed has been given.
b. “Package of Repair Orders” consists of fifteen (15) to thirty (30) repair orders and will be completed within twenty (20) working days after direction to proceed is given.
c. Utility cuts shall be given priorit y and be completed no later than 15 days of receiving the work order.
Individual repair orders and packages of repair orders will be assigned to the Contractor as prior assigned work is completed and /or approved by the assigned Inspector or Project Manager.
24. Additional Services
Work not specifically named in the Pricing Schedule shall be negotiated on an individual basis. Prices offered shall as low as or lower than those offered to Contractor’s most favored customer for comparable work under similar terms and conditions
25. Notification of Material Changes in Business
Contractor agrees that if they experience any material changes in their business including without limitation, a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, loss of key personnel, etc., they will immediately notify the City of the changes. Contractor also agrees to immediately notify the City of any condition which may jeopardize the scheduled delivery or fulfillment of Contractor’s contractual obligations to the City.
26. Licensing
All Contractors who submit bids on a public works project must be properly licensed.
This contract requires either a Class A or C-8 license.
27. Subcontracting
Contractor may only subcontract for the procurement of materials . Contractor shall not enter into a contract or agreement with any individual, partnership, corporation, firm, or other entity to perform any portion of the work or services under this Agreement, without first obtaining permission from the Project Manager.
23. Bonds and Insurance
Prior to the execution of a contract, bidders will be required to provide Performance and Payment Bonds in the amount of $25,000 each. These bonds must be issued by an admitted surety in the form included in these specification, and will be required for the duration of the contract including any extended term(s). Prior to the City’s execution of a contract, bidders shall be required to provide proof of insurance and additional insured endorsements as required under the contract.
28. Warranty
The work furnished under these specifications shall be guaranteed for a period of one (1) year fr om date of acceptance thereof against defective materials, equipment and workmanship. Upon receipt of notice from the City of failure of any part of the materials, equipment, or workmanship during the guarantee period, the affected part or parts shall be replaced with new material and/or equipment, and at the expense of the Contractor.
Maintenance and Repair of Curbs,
Gutters, Sidewalks, and Related Items
A. SCOPE OF WORK, PLANS, TECHNICAL SPECIFICATIONS, AND SPECIAL PROVISIONS EXHIBIT A: DETAIL DRAWINGS
SECTION II – CONTRACT DOCUMENTS
Maintenance and Repair of Curbs,
Gutters, Sidew
alks, and Related items
A. SCOPE OF WORK, SPECIFICATIONS, AND SPECIAL PROVISIONS EXHIBIT B: HOLIDAY MORITORIUM STR
EETS
“Holiday Season Moratorium Streets” are defined as follows:
12th Ave., between Martin Luther King, Jr. Blvd and Sutterville Rd. 21st St., between 4th Ave. and G St.
24th St., between Knight Wy. and Meadowview Rd. and W St. and 2nd Ave. 55th St., south of Fruitridge Rd.
Alta Arden Expressway
Arden Wy.
Broadway
Challenge Wy.
Del Paso Blvd., south of Marysville Blvd.
El Camino Ave.
Ethan Wy.
Evergreen St.
Exposition Blvd.
Fair Oaks Blvd.
Florin Blvd.
Folsom Blvd.
Franklin Blvd.
Freeport Blvd., within one block of all its side streets, between Broadway and Blair Ave.
Fruitridge Rd., between Rickey Dr. and 59th St.
Greenhaven Dr., between Havenhurst Dr. and Windbridge Dr.
H St.
Heritage Ln.
Howe Ave.
J St.
La Mancha Wy.
Mack Rd.
Marconi Ave.
Marysville Blvd., between Del Paso Boulevard and Bell Avenue Meadowgate Wy., between Munson Wy. and Franklin Blvd.
Meadowview Rd.
Munson Wy.
Natomas Blvd.
Northgate Blvd.
Point West Wy.
Power Inn Rd.
Response Rd.
Royal Oaks Dr.
San Juan Rd.
Stockton Blvd., and within one block of all its side streets, from Perry Ave. to the south limits of the City
Truxel Rd.
Valley Hi Dr. north of Wyndham
Wy. West El Camino Ave.
The above definition of “Holiday Season Moratorium Streets” may be modified at any time upon written notice to Contractor, as the City Traffic Engineer deems necessary.
In addition to the above-listed streets, no work shall be performed during the holiday season on any street in the area bound by the American River on the north, the Sacramento River on the west, one block south
of Broadway on the south, and 34th Street on the east, without obtaining permission in writing from the City Traffic Engineer. All requests for consideration by the City Traffic Engineer shall be submitted thru the Inspector.
Maintenance and Repair of Curbs,
Gutters, Sidewa
lks, and Related Items
C.
PUBLIC WORKS CONTRACTOR REGISTRATION AND REPORTING REQUIREMENTS Labor Code Section 1725.5 (enacted by SB 854) requires all contractors bidding on this contract, all subcontractors listed in a bid for this contract, and any contractor or subcontractor performing any work under this contract, to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 (enacted by SB 854) provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the Public Contract Code), or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Every bidding contractor shall list the contractor’s current DIR registration number, and the current DIR registration number of all listed subcontractors, on the Subcontractor and Local Business Enterprise (LBE) Participation Verification Form included in the contractor’s bid.
Pursuant to Labor Code Section 1771.1(b): (1) any bid received from a contractor that is not currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 shall be rejected as non-responsive; and (2) any bid listing one or more subcontractors on the bidder’s Subcontractor and Local Business Enterprise (LBE) Participation Verification Form that are not currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5, shall be rejected as non- responsive, unless the listing was an inadvertent error and any of the conditions specified in Labor Code Section 1771.1(c) apply.
This contract also is subject to compliance monitoring and enforcement by the DIR.
California Labor Code Section
1771.4 (enacted by SB 854) requires the contractor and all subcontractors to furnish electronic
payroll records directly to the Labor Commissioner (in
addition to the City).
A Fact Sheet summarizing the provisions of SB 854 is attached. This is provided solely for informational purposes, and does not in any way affect the contractor’s and subcontractors’ obligation to comply in all respects with the provisions of SB 854, including the provisions referenced above, as well as all other applicable laws and regulations.
The contractor shall disseminate these provisions to every lower -tier subcontractor and vendor required to provide labor compliance documentation.
All questions regarding the City’s Labor Compliance Program should be directed to the Department’s contracts staff at (916) 808-5567.
NEW PUBLIC WORKS CONTRACTOR REGISTRATION LAW [SB 854]
FACT SHEET
SB 854, a budget trailer bill that was signed into law on June 20, 2014, and became effective immediately, made several significant changes to laws pertaining to the administration and enforcement of prevailing wage requirements by the Department of Industrial Relations (DIR). Among other things, SB 854 established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond-funded and other specified public works projects. The fees collected through this new program will be used to fund all of DIR’s public works activities, including compliance monitoring and enforcement, the determination of prevailing wage rates, public works coverage determinations, and hearing enforcement appeals.
Essentials of public works contractor registration program:
• Contractors will be subject to a registration and annual renewal fee that has been set initially at $300. The fee is non-refundable and applies to all contractors and subcontractors who intend to bid or perform work on public works projects (as defined under the Labor Code).
• Contractors will apply and pay the fee online and must meet minimum qualifications to be registered as eligible to bid and work on public works projects:
o Must have workers’ compensation coverage for any employees and only use subcontractors who are registered public works contractors. o Must have Contractors State License Board license if applicable to trade. o Must have no delinquent unpaid wage or penalty assessments owed to any employee or enforcement agency.
o Must not be under federal or state debarment.
o Must not be in prior violation of this registration requirement once it becomes effective. However, for the first violation in a 12 month period, a contractor may still qualify for registration by paying an additional penalty. • The registration fee is not related to any project. It is more like a license that enables the registrant to bid on and perform public works.
• DIR will post a list of registered contractors and subcontractors on its website so that awarding bodies and contractors will be able to comply with requirements to only use registered contractors and subcontractors.
• Various protections are built in so that
o A contractor won’t be in violation for working on a private job that is later determined to be public work;
o The inadvertent listing of an unregistered subcontractor on a bid won’t necessarily invalidate that bid;
o A contract with an unregistered contractor or subcontractor is subject to cancellation but is not void as to past work;
o An unregistered contractor or subcontractor can be replaced with one who is registered;
o A contractor whose registration lapses will have a 90 day grace period within which to pay a late fee and renew.
• Registrations will begin after July 1, 2014, once the registration system is ready to go online. The preferred method of payment will be by credit card. • The requirement to list only registered contractors and subcontractors on bids becomes effective on March 1, 2015. The requirement to only use registered contractors and subcontractors on public works projects applies to all projects awarded on or after April 1, 2015.
Essentials of Public Works Enforcement Fund:
All contractor registration fees will go into the State Public Works Enforcement Fund and be used to fund the following items --
• administration of contractor registration requirement • all DIR costs for administering and enforcing public works laws • Labor Commissioner’s enforcement of other Labor Code violations on monitored public works projects.
DIR will no longer charge awarding bodies for prevailing wage compliance monitoring and enforcement by the CMU. (Note: DIR will continue to bill and collect fees from awarding agencies for CMU services provided through June 20, 2014.)
Related changes in DIR’s administration and enforcement of public works requirements:
•Requirements to use CMU or specified alternative (labor compliance program or project labor agreement) for state bond-fund ed and other specified projects have been eliminated and
replaced by requirements that apply to all public works projects (as defined under the Labor Code).
•Awarding bodies are now required to submit PWC-100 (contract award notice) for all pu
blic works projects. ( This requirement previously applied to a bout 90% of all projects.)
•Contractors and subcontractors on all public works projects will be required to submit certified payroll records (CPRs) to the Labor Commissioner unless excused from this requirement.
O This requirement will be phased in as follows:
Applies immediately to public works projects that have already been under CMU monitoring, i.e. contractors on ongoing projects that have been submitting CPRs to the CMU will continue doing so Will apply to any new projects awarded on or after April 1, 2015 May apply to other projects as determined by Labor Commissioner Will apply to all public works projects, new or ongoing, on and after January 1, 2016
O The Labor Commissioner may make exception to this requirement for Projects covered by qualifying project labor agreement Projects undertaken by one of four remaining awarding bodies with legacy LCPs (Caltrans,
City of Los Angeles, County of Sacramento,
and Los Angeles
Unified School District), so long as those LCPs
remain approved by DIR
O CPRs will be furnished online (as is done currently for CMU). DIR intends to continue making improvements to this process, including creating a means for general contractors to have online access to the CPRs submitted by their subcontractors.
• Requirements for awarding bodies to adopt and enforce a DIR-approved LCP are now limited to: (1) public works projects awarded prior to January 1, 2012 that were under a preexisting LCP requirement; and (2) projects funded in whole or in part by Proposition 84.
SECTION II – CONTRACT DOCUMENTS
Maintenance and Repair of Curbs,
Gutters, Sidewal
ks, and Related Items
D.
PREVAILING WAGE AND CERTIFIED PAYROLL REPORTING
http:///www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=01001-02000&file=1770- 1784
1. Prevailing Wage Rates
Each Contractor to whom the contract is awarded and any s ubcontractor must pay the general
prevailing wage rates as ascertained from time to time which shall be applicable to this project.
Prevailing wages are required for locally funded projects over $15,000 (for repair, maintenance) and over $25,000 (for new construction). This is in compliance with SB7, as the City of Sacramento is a Charter City. In accordance with the provisions of Section 1773 of the Labor Code, the Director of the Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093, and similar purposes applicable to the work to be done.
Each Contractor and any subcontractor perfo
rming the work shall be responsible for obtaining a
copy of the State wage rate determination. State wage rates may be obtained at:
http://www.dir.ca.gov/DLSR/PW
D/Determinations/Northern/Northern.pdf
Each Contractor and any subcontractor shall be
responsible for posting said wage rate at a
prominent location at the work site and shall maintain same in a good readable condition for the duration of the work. In those projects where federal funds are involved, as indicated by reference to or the inclusion of the federal Wage Determination in these "Instructions to Bidders," the minimum wages to be paid shall be the highest of either the State or federal prevailing wage rates.
Should the Contractor choose to work on a Saturday,
Sunday, or on a holiday recognized by the
Labor Unions, the contractor shall reimburse the City of Sacramento the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required.
2. Payroll Records
In accordance with Section 1776 of the Labor C
ode, each Contractor to whom the contract is
awarded and any subcontractor shall maintain accurate payroll records. E lectronic certified payroll records must be submitted to the City on a weekly basis, within ten days after the end of a pay period, through an online system designated by the City. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
All bidders shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code will be considered part of the contract agreement.
SECTION II – CONTRACT DOCUMENTS
Maintenance and Repair of Curbs,
Gutters
, Sidewalks, and Related Items
E. ASSEMBLY BILL No. 219 PUBLIC WORKS: CONCRETE DELIVERY In October 2015, California Assembly Bill No. 219 expanded the definition of “public works” to include the hauling and delivery of ready-m ix concrete to a public works site, with respect to contracts involving any state agency or any political subdivision of the state. The statute requires a written agreement between the party hauling or delivering ready-mixed concrete and the party that engaged its services. The agreement must specify compliance with the Prevailing Wage Law.
Also, section 1720.0 requires that the hauling or delivery company provide certified payroll records under Labor Code section 1776(a) to the party that engaged its services and to the general contractor within five working days after the employee has been paid, accompanied by a written time record. The time record must be certified by each driver for the performance of job duties.
For more information and specific requirements, please see the attached legislative summary and text of AB 219 and visit: https://www.dir.ca.gov/title8/1720.html
AB-219 Public works: concrete delivery. (2015-2016)
An act to add Section 1720.9 to the Labor Code, relating to public works. [ Approved by Governor October 10, 2015. Filed with Secretary of State October 10, 2015. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 219, Daly. Public works: concrete delivery.
Existing law defines “publi c works,” for purposes of requirements regarding the payment of prevailing wages for public works projects, to include, among other things, the hauling of refuse from a public works site to an outs ide disposal location with respect to contracts involving any st ate agency, including the California State University and the University of California, or any political subdivision of the state.
Existing law makes a willful violation of la w relating to payment of prevailing wages on public works a misdemeanor.
This bill would expand the definition of “public works” for these purposes to include the hauling and delivery of ready-mixed conc rete, as defined, to carry out a public works contract, with respect to contracts involving any st ate agency or any political subdivision of the state. The bill would requ ire the applicable prevailing wage rate to be the rate for the geographic area in which the concrete factory or batching plant is located. The bill would require the entity hauling or delivering ready-mixed concrete to enter into a written subcontract agreem ent with, and to provide employee payroll and time records to, the party that engaged that entity, as specified. The bill would provide that these provisions apply to public works contracts awarded on or after July 1, 2016. By expanding the definition of a crime, this bill would impose a state- Assembly Bill No. 219
CHAPTER 739
mandated local program.
The California Constitution requires the st ate to reimburse local agencies and school districts for certain costs ma ndated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority Appropriat ion: no Fiscal Committee: yes Local Program: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:
SECTION 1. Section 1720.9 is added to the Labor Code, to read:
1720.9. (a) For the limited purposes of Arti cle 2 (commencing wi th Section 1770), “public works” also means the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving any state agency, including the California State University and the University of California, or any political subdivision of the state.
(b)
For purposes of this se ction, “ready-mixed concrete ” means concrete that is manu
factured in a factory or a batching plant, according to a set recipe, and then deliv
ered in a liquefied state by mixer truck for immediate incorporation into a project.
(c)
For purposes of this section, the “hauling and delivery of ready-mixed concrete to carry out a public works cont ract” means the job duties for a ready mixer driver that a
re used by the director in determining wage rates pursuant to Se ction 1773, and includes receiv
ing the concrete at the factory or batching plant and the return trip to the factory or batching plant.
(d)
For purposes of this section, the app licable prevailing wage rate shal l be the curre
nt prevailing wage, as determined by the director, for the geograph ic area in w
hich the factory or batching plant is located.
(e)
The entity hauling or delivering ready- mixed concrete to carry out a public works contract shall enter into a written subcontract agreement with the party that engaged t
he entity to supply the ready-mixed conc rete. The written agreement shall re quire complian
ce with the requirements of this chapter. The entity haul ing or delivering ready-
mixed concrete shall be considered a subcontractor solely for the purposes o f th
is chapter.
(f)
The entity hauling or de livering ready-mixed concrete to carry out a public works contract shall
submit a certif ied copy of the payroll reco rds required by subdivis ion (a) of
Section 1776 to the party that engaged the entity and to the general contractor
within three working days after the empl oyee has been paid, accompanied by a written time record that shal l be certified by each driver for the performance of job duties in subdivision (c).
(g)
This section applies to pu blic works contracts that are awarded on or after July 1, 2016.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurre d because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the mean ing of Section 6 of Article XIII B of the California Constitution.
Maintenance and Repair of Curbs,
Gutters, Sidewa
lks, and Related Items
F.
APPRENTICE REQUIREMENTS
In accordance with Sacramento City code 3.60.
190, “All contractors and subcontractors shall
comply with Section 1777.5 et seq., of the California Labor Code governing the employment of apprentices. Contractors and subcontractors shall not discriminate among otherwise qualified employees as apprentices on the ground of age, ancestry, color, disability, genetic information, gender (including gender identity and gender expression), marital status, medical condition, national origin, race, religion, sex, or sexual orientation. The prime contractor shall be responsible for complying with these provisions for all apprenticeable occupations. “In the event that a contractor or s
ubcontractor who chooses to employ apprentices fails to comply with the provisions of this section, the city may report the contractor or subcontractor to the director of industrial relations and the California Apprenticeship Council for action as necessary under Section 1777.7 of the California Labor Code.” Please see the California Labor Code for specific requirements relating to employment of Apprentices on Public Works Projects at the following links: http://www.leginfo.ca.gov and/or www.leginfo.ca.gov
.
Attachment 1 to Payment Exhibit B
Address: Work Order #
Code Description of Work Unit FY23 QTY Code TG#
1. CURB AND GUTTER REMOVAL AND REPLACEMENT Code Description of Work Unit FY23 QTY Code 1A 21" Vertical Curb & Gutter LF $58.97 = 211A 4. DRIVEWAY APPROACHES REMOVE AND REPLACE 1B 21" Rolled Curb & Gutter LF $48.10 = 211B 4A 4" Thick remove & replace <100sqft SQFT $18.56 X = 214A 1C 3’ Vertical Curb & Gutter LF $61.92 = 211C 4B 4" Thick remove & replace >100sqft SQFT $16.18 X = 214B 1D 3’ Rolled Curb & Gutter LF $58.75 = 211D 4C 6" Thick remove & replace <100sqft SQFT $19.44 X = 214C 1E 5’ Vertical Curb & Gutter (Match Existing) LF $68.97 = 211E 4D 6" Thick remove & replace >100sqft SQFT $17.60 X = 214D 1F 5’ Rolled Curb Gutter LF $67.35 = 211F 5. TREE ROOT REMOVAL 1G Gutter Overlay (3" Thick) -- no removal LF $10.22 = 211G 5A Tree Root Removal SQFT $6.73 X = 215A 1H Curb Only (Curb Type 14A) LF $32.05 = 211H 6. MISCELLANEOUS SERVICES 1I Curb Only (Curb Type 14) LF $30.38 = 211I 6A V-Gutter Removal and Replacement SQFT $26.00 X = 216A
2. CURB & GUTTER REMOVAL 6B Gutter Drain, Setting Drain, Type 20’s EA $27.00 X = 216B 2A AC Pavement Removal LF $13.98 = 212A 6C Set Hood and Grate for A&B Boxes EA $45.00 = 216C
3. REMOVE AND REPLACE SIDEWALK, ALLEY AND DRIVEWAY CUTS 6D Bus Stops, 3’ Rolled, 10" thick LF $64.58 = 216D 3A4 0 square feet to 100 square feet -- 4" SQFT $20.70 X = 213A4 6E Bus Stops, 3’ Vertical, 10" thick LF $67.33 = 216E 3A6 0 square feet to 100 square feet -- 6" SQFT $21.04 X = 213A6 6F Bus Stops, 5’ Rolled, 10" thick LF $73.33 = 216F 3B4 101 square feet to 300 square feet -- 4" SQFT $18.00 X = 213B4 6F1 Bus Stops, 5’ Vertical, 10" thick LF $76.58 = 216F1 3B6 101 square feet to 300 square feet -- 6" SQFT $18.25 X = 213B6 6G Curb Ramps SQFT $24.05 X = 216G 3C4 301 square feet to 500 square feet -- 4" SQFT $15.63 X = 213C4 6H Curb Ramps, Historical (R&R) SQFT $27.63 X = 216H 3C6 301 square feet to 500 square feet -- 6" SQFT $16.13 X = 213C6 6H1 Install Truncated Domes EA $45.00 = 216H1 3D4 501 square feet and over -- 4" SQFT $13.50 X = 213D4 6I Concrete Saw Cutting LF $10.10 = 216I 3D6 501 square feet and over -- 6" SQFT $14.13 X = 213D6 6J Replace Backfill Area with Sod SQFT $4.81 X = 216J 3E Removal of Sidewalk, Plus Fill SQFT $4.05 X = 213E 7. OTHER CUSTOM WORK 3F Aggregate Base (max 4" lifts) SQFT $2.50 X = 213F 7A Custom Work EA = 217A 3G Additional Score Lines to Match Adj. SW SQFT $2.13 X = 213G 7B Arborist EA A* = 217B CPI: N/A 7C Admin Fee EA = 217C
A* Arborist fee is $110.00 for two hours.
10A 1:2 Grinding LF $51.00 = 2110A
$110.00
$40.00
10. GRINDING
Fiscal Year 2023 - Costs
Maintenance and Repair of Curbs, Gutters, Sidewalks, and Related Items Dimensions