documents as part of the Regional Monitoring Program’s (RMP) Sources, Pathways, and Loadings workgroup. Lisa lead the development of the Contra Costa County PCBs and Mercury TMDL Control Measure Plan and Reasonable Assurance Analysis (RAA) Report in 2020 and the Old Industrial Area Control Measure Plan in 2023/2024.
Regional Compliance for a Sustainable Bay Project, City of San Pablo, California . Lisa served as project director for the development of a regional alternative compliance system . This United States Environmental Protection Agency Water Quality Improvement Fund grant- funded project assisted the cities of San Pablo, Richmond, and Walnut Creek and Contra Costa County with the development of a regional alternative compliance system framework intended to allow for “exchange” of water quality-based metrics throughout Contra Costa County, providing a means to focus water quality investment across the County on those locations that may provide more benefits. Project tasks include d steering, advisory, and technical advisory committee meetin gs; stakeholder workshops; a literature review; and development of the system.
Source Control Load Reduction Accounting for Reasonable Assurance Analyses, Bay Area Stormwater Management Agencies Association ( BASMAA), Alameda County, California. Lisa served as project manager and technical lead for developing an approach for quantifying mercury and PCBs loads reduced through implementation of pollution prevention, source control, and treatment control measures. This methodology has been used for conducting RAAs for the Bay Area.
Alameda Countywide Clean Water Program On -Call Technical Support, Alameda Countywide Clean Water Program, Alameda County, California. Lisa serves as project director and technical lead assisting the Alameda Countywide Clean Water Program (ACCWP) in stormwater management planning and program implementation tasks related to stormwater monitoring and pollutants of concern in compliance with the San Francisco Bay Municipal Regional Permit (MRP). Lisa facilitated the MRP 3.0 C.11/C.12 Workgroup, which was a coll aborative effort between the Permittees and the Regional Water Quality Control Board to develop a programmatic approach for the PCBs and mercury provisions for the MRP 3.0 permit term. Lisa served as the BAMSC MPC Committee chairperson on behalf of the ACCWP for two years.
PROFESSIONAL EXPERIENCE
Geosyntec Consultants, Oakland, California, 2002–Present City of Bellevue Utilities Department, Bellevue, Washington, 2000–2002 Washington State Department of Ecology, Bellevue Washington, 1990–2000 CH2M Hill, Bellevue, Washington, 1988–1990
LISA KANNER WELSH, Ph.D., QISP urban stormwater management water quality monitoring and assessments
municipal TMDL and trash management
industrial stormwater management
climate change impacts
EDUCATION
Ph.D., Geoscience, University of Massachusetts, Amherst, Massachusetts, 2012 M.S., Geoscience, Brown University, Providence, Rhode Island, 2006 B.A., Geology, Carleton College, Northfield, Minnesota, 2004
REGISTRATIONS AND CERTIFICATIONS
8-Hour OSHA HAZWOPER 29 CFR 1910.120(e)(3)I Refresher
Qualified Industrial Stormwater Practitioner (QISP), California, Number 00881
CAREER SUMMARY
Lisa Welsh, PhD, is a senior environmental consultant with over a decade of experience. Lisa has a proven track record in coordinating comprehensive water quality monitoring programs, planning and implementing source control and treatment control projects for managing legacy pollutants such as mercury and PCBs, and ensuring municipal stormwater compliance. She is also a Qualified Industrial Stormwater Practitioner (QISP) and has assisted industrial facilities with stormwater pollution preventing, planning, and stormwater sampling.
Contra Costa County Clean Water Program (CCCWP) On -Call Technical Support, Contra Costa County Clean Water Program, Contra Costa County, California. Lisa serves as project manager and a technical lead to provide support to the Contra Costa County Clean Water Program in water quality monitoring, stormwater management planning, and program implementation tasks. She also serves as a technical lead in characterizing and managing potential polychlorinated biphenyls (PCBs) and mercury source areas and reporting on these activities, including leading technical support for the CCCWP Old Industrial Area Control Measure Implementation Plan.
Contra Costa County Clean Water Program (CCCWP) Administrative Support, CCCWP, Contra Costa County, California. From 2021 to 2025, Lisa served as staff augmentation, coordinating the water quality monitoring and pollutants of concern program for Contra Costa County. She facilitate d the County’s monthly monitoring committee meetings and regularly represents the County at regional coordination meetings. She represented the County in Lisa Welsh, Ph.D, QISP
negotiations with the Regional Water Quality Control Board for monitoring and TMDL -related provisions (e.g., trash, LID monitoring, mercury and PCBs) for the third term of the MRP which became effective July 1, 2022. She guided the County through the implementation of new MRP requirements. Contra Costa County is within the jurisdiction of two Regional Water Quality Control Boards and Dr. Welsh coordinated meetings with both.
Alameda Countywide Clean Water Program (ACCWP) On -Call Technical Support, Alameda Countywide Clean Water Program, Alameda County, California. Lisa serves as project manager and a technical lead to provide support to the Alameda County Clean Water Program in stormwater management planning and program implementation tasks. Her ongoing tasks include assisting with PCBs and mercury TMDL implementation p lanning, such as assisting the ACCWP with identifying, characterizing, and managing PCBs and mercury source ar eas, water quality monitoring, and reporting and associated load reductions in compliance with the MRP. Lisa led the technical support for the ACCWP Old Industrial Area Control Measure Implementation Plan.
Dr. Welsh also leads the Monitoring and Pollutants of Concern subcommittee.
Clean Watersheds for All (CW4A), Contra Costa Clean Water Program, Contra Costa County, California. Lisa serves as the project manager for CW4A, a USEPA grant funded project focused on countywide implementation (i.e., funding and delivery) of green stormwater infrastructure (GSI) and other water quality improvement projects, especially in underserved communities in Contra Costa County. Priority projects include multi-benefit regional stormwater capture opportunities that provide MRP compliance , including treatment of old industrial areas with known elevated concentrations of PCBs. The CW4A Project includes developing the CW4A Regional Project Plan, a Funding and Delivery Roadmap, design of regional stormwater capture project opportunities, and conducting community outreach.
Phase 1 and 3 Plans for TMDL Implementation and Trash Reduction in District 4, California Department of Transportation (Caltrans), Bay Area, CA. Lisa served as the project manager for the Phase 3 TMDL and Trash Reduction Plan to identify opportunities for stormwater treatment within a 37-mile reach of the Caltrans District 4, I-680 corridor. The work includes desktop virtual surveys, plan review, and field investigations to identify a range of potential BMP opportunities that infiltrate/treat the water quality volume for pollutants and trash.
PROFESSIONAL EXPERIENCE
Geosyntec Consultants, Oakland, California, 2016–Present 2 nd Nature, LLC, Santa Cruz, California, 2013–2016
University of Southern California, Los Angeles, California, 2012–2013 Fuss & O’Neill, Inc., Providence, Rhode Island, 2006–2008
RESUMES
Colleen Hunt
Principal Compliance Specialist
Owner
BACKGROUND Education
Colleen Hunt has worked in the environmental regulatory field for 26 years, specializing in water quality and hazardous materials management. For 18 years Ms. Hunt was employed by the State of California at the North Coast Regional Water Quality Control Board.
Her primary responsibility between 2012 and 2017 included managing the National Pollutant Discharge Elimination System (NPDES) storm water program. For the past 8 years Ms. Hunt has continued her career in environmental regulatory management as a private consultant. Her knowledge of environmental regulations and requirements allows her to advise clients on direct compliance approaches leading to technical and cost-effective solutions. Ms.
Hunt has worked with dozens of municipalities on storm water permit compliance by providing program assessment, reporting, training, compliance determination, collaborative planning and program improvement.
Experience
Stone Creek Environmental Consulting, Santa Rosa, California:
February 2020 to current
Company owner and technical consultant providing professional consulting services across multiple regulatory programs including storm water management, hazardous material management,
wastewater, and drinking water. Currently serves of the BAMSC Phase II Subcommittee Co-Chair.
Primary duties include:
• Manager of client accounts including contract negotiations, budgets, and deliverables;
2000- BS, Environmental
Studies Concentration in
Hazardous Materials
Management, Cum Laude,
Sonoma State University,
Rohnert Park, California
Professional
Affiliations
California Stormwater
Quality Association,
Member
Phase II Subcommittee Co-
Chair
Certifications
Certified Professional in
Municipal Stormwater
Management No. 343
• Meet and confer with clients to discuss technical requirements and implementation strategies; • Assess client water quality programs for compliance with permits including drinking water, wastewater, and storm water NPDES requirements; provide recommendations and options for filling compliance gaps;
• Draft technical compliance plans for municipal storm water programs including storm water m
anagement plans, trash implementation plans, facility pollution prevention plans, Total Maximum Daily Loads (TMDL) planning and progress reports, annual reports, and monitoring reports.
• Plan and conduct Best Management Practices effectiveness assessments including sediment reduction studies, water conservation outreach, and integrated pest management; • C
onduct inspections of facilities to determine if BMPs are effective and in compliance with permit requirements; inspection types include commercial and industrial facilities, low impact development BMPs, construction sites, and municipal facilities such as corporation yards. • Provide staff training on storm water permit components including illicit discharge detection and elimination, non-storm water discharges, best management practices, integrated pest management, spill prevention and response, and rain ready preparedness.
West Yost Associates, Santa Rosa, California:
October 2017 to February 2020
Senior Scientist responsible for managing over one million dollars in contracts, including the Russian River Watershed Association contract. The RRWA was formed to coordinate regional programs for clean water, fisheries restoration and watershed enhancement. Support services included coordination of a regional monitoring program, preparation of a regional monitoring report; developing children outreach strategies; developing outreach materials; assisting with training events, and attending public outreach events. Other experience at West Yost includes duties now performed at Stone Creek.
North Coast Regional Water Quality Control Board, Santa Rosa, California:
October 1999 to October 2017
Environmental Scientist responsible for managing the Region’s municipal storm water program, including implementing and developing NPDES permits. Other responsibilities included:
• Assessment of compliance and program effectiveness of 22 municipal storm water dischargers with the Federal Clean Water Act and the California Water Code; • Review of technical reports, including monitoring data, and conducting program audits to determine compliance with storm water program and permits; • Drafting correspondence to provide comments on assessment with regulatory compliance ,
p
rogram deficiencies, and recommended improvements identified during report review and audit evaluations;
• Ensuring compliance with the California Environmental Quality Act (CEQA) and develop relevant documents for CEQA compliance; conducting CEQA analysis on projects, and reviewing and commenting on various types of CEQA documents.
• Prior to managing the municipal storm water program, Ms. Hunt was responsible for evaluating investigation and remedial activities related to contaminated soil, groundwater, and surface water for sites listed on the California Active Toxic Site List, including underground storage tank sites.
RESUMES
RESUME Paul Salop Senior Scientist, Principal
EXPERTISE Stormwater Management Environmental Monitoring Program Development Quality Assurance Coastal Geological Processes CREDENTIALS Education: M.S. 1995 Marine Resource Management, College of Oceanographic & Atmospheric Sciences, Oregon State University B.S. 1988 Industrial Engineering, North Carolina State University Honors & Certifications: John Knauss National Sea Grant Fellow, 1993; Oregon State University Schumacher Scholar, 1992; Certified Engineer in Training (EIT), 1988; PADI Advanced Open Water and NAUI Dry Suit certifications Professional Affiliations: The Coastal Society, Pan American Institute of Maritime Archaeology, Former President of Melrose Leadership Academy Nonprofit Board of Directors EMPLOYMENT HISTORY 1997-Present Aquatic Scientist, Principal, Applied Marine Sciences, Inc., Livermore, CA 1996-1997 Environmental Consultant, Self-employed, Seattle, WA 1995-1996 Natural Resource Technician, Washington Department of Natural Resources, Olympia, WA 1994-1995 Sea Grant Fellow, National Oceanic and Atmospheric Administration, Silver Spring, MD EXPERIENCE Mr. Salop has participated in a number of aquatic and terrestrial research and environmental management projects in California, Oregon, and Washington. He currently serves as Field Program Manager for the Status and Trends component of the Regional Monitoring Program for Water Quality in the San Francisco Estuary (RMP), a multi-million dollar, collaborative long-term monitoring program conducted to fulfill monitoring requirements of over sixty Bay Area public and private NPDES dischargers. In this capacity, he is responsible for oversight of field sampling program design and implementation in accordance with the programmatic quality assurance plan. Mr. Salop has also managed and conducted monitoring programs for a variety of NPDES permit holders, including wastewater agencies, stormwater agencies, and industrial dischargers. For example, he currently serves as Program Manager in AMS’ role as consultant to the Alameda Countywide Clean Water Program (ACCWP) in development and implementation of the Program’s NPDES stormwater monitoring program. In this role has assisted with planning, quality assurance, analysis, and regional collaboration support implementation of permit requirements. He serves a similar role for the Solano Stormwater Alliance, helping to design and implement the Low Impact Development and outfall trash monitoring components specified in the Municipal Regional Stormwater Permit. Mr. Salop previously served as Project Manager for monitoring-related activities associated with implementation of the EPA Grant Project, Clean Watersheds for a Clean Bay. In this capacity, he managed sixteen work orders worth over $2M overseeing many facets of project implementation, including development of the programmatic quality Paul Salop, Aquatic Scientist, Principal
assurance project plan, multiple sampling and analysis plans, conduct of monitoring, data management, and quality assurance, as well as serving in an advisory capacity to the Project Management Team overseeing the grant.
Previously at AMS, Mr. Salop has also served as Assistant Project Manager for AMS’ implementation of the Clean Estuary Partnership, a cooperative effort of the San Francisco Bay Regional Water Quality Control Board, the Bay Area Clean Water Agencies, and the Bay Area Stormwater Management Agencies Association to provide scientific information in support of development and implementation of Total Maximum Daily Loads (TMDLs) and other water quality attainment strategies for the San Francisco Bay-Delta and its tributaries. His roles for this project included facilitation of several pollutant-specific technical work groups and oversight of the eventual close-out of the project.
Mr. Salop has also developed quality assurance project plans (QAPPs) and/or served as quality assurance officer for a number of local, regional, and state and Federal grant projects. Current and recent examples include a project investigating discharge to Areas of Special Biological Significance (ASBS) along the Central California coast, a Proposition 13 Sea Otter Monitoring Program for the City of Watsonville, a Proposition 50 project monitoring fecal pathogen pollution along the California Coast, a Proposition 13 project investigating sources of PCB loadings to the Ettie Street watershed in downtown Oakland, and a project evaluating effectiveness of monitoring conducted within EPA Ocean Disposal Sites.
SELECTED REPORTS & PUBLICATIONS
Applied Marine Sciences, Inc., 2015. Evaluation of Site Monitoring Activities at Ocean Disposal Sites. Prepared for EPA Office of Water. EPA Contract No.: EP-C-14-003.
Applied Marine Sciences, Inc., 2009. Assessment and Evaluation of Fish and Invertebrate Entrainment Effects from Commercial Aggregate Sand Mining in San Francisco Estuary. Prepared for ESA and the California State Lands Commission.
Gunther, A., Hagar, J, and P. Salop, 2000. An Assessment of the Potential for Restoring a Viable Steelhead Trout Population in the Alameda Creek Watershed. Prepared for the Alameda Creek Fisheries Restoration Workgroup.
Hardin, D., Salop, P., and B. Bemis, 2005. Optimizing Transplanted Bivalve Studies for the Regional Monitoring Program for Trace Substances. SFEI Contribution #431. Prepared for the San Francisco Estuary Institute: Richmond, CA.
Ogle, R.S., Gunther, A., Salop, P., Bell, D., Gold, J., Costifas, J., and S.L. Clark, 2003. Ambient Water Toxicity in San Francisco Bay: 1993-2002. Presented at the San Francisco Estuary RMP Annual Meeting, Berkeley, CA, May 13, 2003.
Salop, P. and B. Bemis, 2010. Technical Memorandum: Investigation of Best Management Practices to Limit Loadings of Methyl Mercury Associated with Planned Dredging Activities in Sacramento and San Joaquin River Deep Water Ship Channels. Prepared for Central Valley Regional Water Quality Control Board, US Army Corps of Engineers, and Ross Island Sand and Gravel Co. March 24, 2010.
Salop, P., Konnan, J., Gunther, A., and A. Feng, 2006. “PCBs in Urban Watersheds—A Challenge for TMDL Implementation.” In The Pulse of the Estuary: Monitoring and Managing Water Quality in the San Francisco Estuary. SFEI Contribution 517. San Francisco Estuary Institute, Oakland, CA.
Salop, P., 2006. Municipal Maintenance and Sediment Management: Evaluation of Source Control Options for TMDL Implementation. Prepared for the Alameda Countywide Clean Water Program. Hayward, CA.
Salop, P., 2004. Exploratory Characterization of Polychlorinated Dibenzo-p-dioxins and Dibenzofurans in Watershed Sediments from Alameda County. Prepared for the Alameda Countywide Clean Water Program. Hayward, CA.
Salop, P., Hardin, D., Abu-Saba, K. and Gunther, A.J., 2002. Analysis of 2001 Source Investigations in Ettie Street Pump Station and Glen Echo Creek Watersheds, Oakland, California. Prepared for the Alameda Countywide Clean Water Program.
Hayward, CA.
Trowbridge, P. R., et al., 2015. The Regional Monitoring Program for Water Quality in San Francisco Bay, California: Science in Support of Managing Water Quality. Regional Studies in Marine Science, http://dx.doi.org/10.1016/j.rsma.2015.10.002.
RESUMES
Formerly Kinnetic Environmental
Christian Kocher
Principal
(831) 295-3242
Santa Cruz, CA
[email protected]
C
hristian Kocher has over 34 years of experience implementing National Pollutant Discharge Elimination System (NPDES) stormwater regulatory compliance monitoring programs; stormwater treatment control best management practices (BMP) studies; PCBs source area property investigations and sampling, stream and coastal water quality investigations; and sediment dredge materials studies. He performed these monitoring programs for municipal, industrial, state, and federal clients. Mr. Kocher’s responsibilities include study design, site selection, logistics, operations management, subcontractor coordination, data collection, data validation, data interpretation and presentation, training, preparation of comprehensive reports and manuals, and formal presentations.
Mr. Kocher has performed many aspects of stormwater monitoring for comprehensive NPDES projects and special studies for a wide variety of clients throughout the San Francisco Bay Area. For these municipal and state clients, Mr. Kocher authored sampling and analysis plans, project assessment and evaluation plans, operation/maintenance manuals, quality assurance project plans, and annual monitoring reports. Many of these projects involved comprehensive instrumentation packages, telemetry equipment, automated flow monitoring devices, automatic sampling apparatuses, and treatment control evaluations.
Since 2011, Mr. Kocher has performed stormwater monitoring services for CCCWP. He wrote and edited quality assurance project plans, sampling and analysis plans, and monitoring reports. He has been instrumental in the successful implementation of stormwater characterization studies and BMP monitoring investigations involving a wide variety of approaches, instrumentation components, flow measurement strategies, telemetry methods, and challenging environmental conditions.
Mr. Kocher has served as the scientific oceanographic crew aboard a variety of research vessels for municipal, state, federal, and private entities, both locally and abroad. Projects included water current meter studies, profiling of water properties, researching mooring deployments, sediment vibracoring, sediment box coring, grab sampling for benthic organisms, mussel bioaccumulation studies, water quality studies, drogue deployments, researching buoy deployments, dye-tracer studies, diving operations, scientific collection of fish and other marine organisms, optical instrument deployments, and acoustic surveys.
Relevant Experience
Municipal Regional Stormwater Permit Monitoring Services – Contra Costa Clean Water Program As project manager, Mr. Kocher is responsible for C.8 compliance monitoring to assist CCCWP with fulfilling the monitoring and reporting requirements of NPDES stormwater permit provisions for Regions 2 and 5. He oversees MRP 3.0 monitoring for pollutants of concern, LID monitoring, trash outfall monitoring, and pesticides and toxicity monitoring. Mr. Kocher participates in regional collaborations with representatives from the other Bay Area counties to streamline the monitoring Education
B.S., Physics, University of
California, Los Angeles
Certifications
40 Hour HAZWOPER Training
in accordance with OSHA 29
CFR 1910.120
8 Hour Confined Space Entry
Training in accordance with
OSHA 29 CFR 1910.146
Christian Kocher 2
process by coordinating certain efforts and sharing the preparation of certain planning and reporting documents. For LID monitoring, Mr. Kocher is a key member of the BAMSC regional workgroup that develops monitoring methodologies in close collaboration with the Regional Water Board and a technical advisory group. Mr. Kocher reports to CCCWP managers, permittees, and representatives.
Municipal Regional Stormwater Permit Compliance Services – Alameda Countywide Clean Water Program Since 2012, Mr. Kocher has served as project technical lead for ACCWP’s C.8. POC monitoring. Projects include the operation of a fixed, automated stormwater monitoring station on San Leandro Creek; technical lead for portions of the Ettie Street Pump Station Diversion Pilot Study in Oakland; and principal author of a field guidance manual for watershed stormwater monitoring for use by Bay Area permittees and their monitoring contractors.
Stormwater Quality and Flow Monitoring for LID Implementation – Alameda County Public Works Agency As project manager for this five-year Proposition 84 grant-funded parking lot BMP study at the Public Works building on Turner Court in Hayward, Mr. Kocher directed all aspects of the investigation—from preparation of the work plan and PAEP to implementation of influent/effluent sample collection to data analysis and interpretation. Mr. Kocher was the principal author of interim annual reports and of a comprehensive end-of-project report. He, along with his co-author, conducted statistical analyses to determine the extent and significance of pollutant removal efficiencies of two discrete treatment LID features and the aggregate runoff from all parking lot LID devices compared to pre-construction runoff quantity and quality.
TMDL Stormwater Quality Monitoring and BMP Effectiveness – Caltrans Districts 1, 4 and 5 (Central and Northern California) As mandated by the California State Water Resources Control Board, the TMDL statewide study continues efforts by Caltrans to characterize load inputs to receiving waters and evaluate the effectiveness of treatment BMPs. As subconsultant task order manager, Mr. Kocher is responsible for site selection, equipment installation, monitoring readiness, staff training, storm sampling, data validation, and data reporting. He reviews and provides comments on the statewide quality assurance project plan (QAPP), sampling and analysis plan (SAP), and end-of-season technical memorandums. He provides stormwater monitoring expertise for equipment installation, maintenance, and operation of remote-controlled, flow-weighted sampling systems.
Combined Sewer System Monitoring – San Francisco Public Utilities Commission As project manager, Mr. Kocher worked with SFPUC staff and their contractors to implement sampling studies that are required of the NPDES stormwater permit for their combined sewer system (CSS). Mr. Kocher designs and oversees the installation of automated sampling stations that collect samples from discharge structures when rainfall induced overflow occurs. He prepared sampling design documents, monitoring plans, and a QAPP to support these efforts.
Clean Watersheds for a Clean Bay, EPA Water Quality Improvement Grant - BASMAA As subconsultant project manager, Mr. Kocher served as the technical lead for stormwater sampling, flow monitoring, and sediment quality BMP studies for Tasks 4 and 5 of the CW4CB projects throughout the Bay Area. For Task 4, Mr. Kocher coordinated sediment sampling for a comprehensive street sweeping study. For Task 5, Mr. Kocher designed the methods for flow monitoring and stormwater sampling for a variety of urban green stormwater infrastructure LID devices. He managed the implementation of influent/effluent stormwater monitoring for all Bay Area Task 5 locations.
Kevin Lewis, CESSWI, QSP
Senior Scientist
(831) 334-0018
Santa Cruz, CA
[email protected]
Kevin Lewis has over 17 years of professional experience performing stormwater and surface water quality monitoring, sediment reuse and disposal studies, and engineering and geologic projects. He performs these projects for federal (USACE), state (Caltrans), and local (municipalities) agencies in northern, central, and southern California. His water quality experience includes lead and support roles for several National Pollutant Discharge Elimination System (NPDES) Phase II stormwater transportation corridor and municipal permitted projects, surface water quality studies, receiving water quality sampling, and wastewater monitoring programs. He participates in offshore sediment sampling, GIS mapping, and on-site assembly and installation of hydrologic, water quality and seismic monitoring equipment. Mr. Lewis provides in-house project support with desktop-based site assessments to obtain site permissions and permitting. He has collaborated on and authored a range of reports detailing PCB and mercury sediment and water sampling in the San Francisco Bay Area and worked in data management and data processing for numerous pollutants of concern and pesticides and toxicity monitoring projects.
Mr. Lewis’s experience includes PCBs source property sediment sampling and investigation; installation, operation, and maintenance of remote monitoring stations for stormwater BMP efficacy studies; calibration of water quality monitoring systems; installation and operation of stream rating equipment; and routine downloading of water quality, flow metering and tidal data. He has extensive experience in the collection of stormwater and sediment composite and grab samples, generation of field quality control samples, and field filtration for dissolved constituent analysis. He has performed on-site assembly and installation of inclinometers to monitor dam conditions and seismic stability at several dams, sample handling/processing and QA/QC oversight for dredge materials use and disposal studies.
Relevant Experience
Municipal Regional Stormwater Permit Monitoring Services – Contra Costa Clean Water Program • Installation, maintenance, and operation of low impact development (LID) stormwater sampling and monitoring station
• PCBs source area investigation and sediment sampling; field and technical lead for annual sampling of street dirt and storm drain drop inlet monitoring • PCBs source area identification and site-selection processes using satellite imagery, desktop analysis, and GIS data
• Manage personnel and coordinate MRP compliance monitoring for PCBs, mercury, and methylmercury sampling, receiving water limitations monitoring, LID, trash outfall, and pollutants of concern monitoring
Education
B.S., Earth Sciences, University
of California, Santa Cruz, 2007
Certifications
Qualified Stormwater Pollution
Prevention Plan Practitioner
(QSP) 23275
Certified Erosion, Sediment
and Stormwater Inspector
(CESSWI) 3057
40 Hour HAZWOPER Training
in accordance with OSHA 29
CFR 1910.120
8 Hour Confined Space Entry
Training in accordance with
OSHA 29 CFR 1910.146
California Rapid Assessment
Method (CRAM) stream survey
certification
Unified Stream Assessment
(USA) certification
Kevin Lewis 2
• Perform bioassessment monitoring including benthic macroinvertebrate and algae sampling; physical habitat assessments; stream-walk surveys; continuous water-quality instrument deployments; chlorine sampling and water quality grab sampling • Primary author of Urban Creek Status Monitoring Report; technical reviewer of 5-year Integrated Monitoring Report and Urban Creeks Monitoring Report appendices Conduct pesticides and toxicity monitoring, dry and wet seasons in water and sediment
Municipal Regional Stormwater Permit Monitoring Services – Alameda County • Collection of settled fines and sediment core samples from BMP monitoring stations • Field operations manager on installation, maintenance and operation of San Leandro Creek pollutants of concern stormwater sampling and monitoring station
• Conduct urban impact assessments along stream corridors to document areas of impact, such as illicit dumping and trash hot spots
• Manages and performs stream rating of San Leandro Creek Clean Watersheds for a Clean Bay, EPA Water Quality Improvement Grant - BASMAA • Equipment installation, calibration, and operation of temporary automated stormwater sampling systems • Field sampling crew leader
Caltrans Tier-1 TMDL Monitoring – Central and Northern California • Site selection and analysis, design, construction, operation, and maintenance of remote, semi-automated stormwater monitoring stations
• Coordinates with field sampling personnel and analytical laboratory managers • Authors site-specific health and safety plans; post-storm technical memoranda; and assists with statewide end-of-season technical memoranda
RESUMES
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AXEL RIEKE, PE, QSD/P, LEED AP BD+C
PRINCIPAL ENGINEER
Mr. Rieke is a California and Nevada-registered Professional Civil Engineer with over 30 years of experience in environmental consulting, stormwater compliance support, and managing as -needed service contracts in the San Francisco Bay Area. He has served as a project manager and lead engineer, having completed numerous projects ranging from stormwater management during construction to MRP compliance support with multi-year budgets. He has managed site investigations, groundwater and stormwater treatment, mass excavations and grading including storm drain relocations, construction site dewatering and storm water discharge compliance (NPDES, MRP, CGP, IGP), and hazardous waste storage and disposal including HMBP updates and CERS reporting. As the Corporate Health and Safety Officer, he is responsible for the maintenance and implementation of Northgate’s Health and Safety Program. Mr. Rieke is a Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer/Practitioner (QSD/P), as well as an Accredited Professional with the United States Green Building Council for Leadership in Energy and Environmental Design specialized in Building Design and Construction (LEED AP BD+C) and is actively promoting a sustainable approach to stormwater management.
REPRESENTATIVE EXPERIENCE
• City of Oakland, Business Stormwater Inspection Program (BSIP) – Project Manager for BSIP assistance and currently planning for FY24/25 inspections of commercial and industrial businesses (e.g., IGP facilities) including program coordination, implementation, and reporting for compliance with the MRP Provision C.4 Industrial and Commercial Site Controls • City of Berkeley, Project Manager for Environmental Compliance Support Including Stormwater and Hazardous Materials Management – Since 2013 Mr. Rieke has been managing annual preparation of HMBPs for City of Berkeley facilities that store hazardous material including underground and/or aboveground fuel storage tanks, waste- oil and other large- quantity petroleum storage, paints, solvents, batteries, pesticides, herbicides, asphalt, and other hazardous materials. On an annual basis he coordinated staff performing hazardous materials inventory during facility inspections and entering updates onto the California Environmental Reporting System (CERS) based on review of historic HMBP information, site reconnaissance, and interviews with site operations personnel to ensure complete facility coverage and understanding of facility operations. In 2017 Mr. Rieke managed the 5- year update to City Corporate Yard SWPPP per the Municipal Regional Permit (MRP), Provision C.2.f. Corporation Yard Best Management Practices (BMP) Implementation. He coordinated staff performing field inspections of storm water BMPs and regulatory reporting using Storm Water Multiple Application and Report Tracking System (SMARTS). In 2018 and 2019 Mr. Rieke assisted the City with Municipal Regional Permit reporting support. Managed GIS support for the Green Infrastructure planning component of the City’s MRP 2018 Annual Report. Lead team creating GIS layers for micro- watersheds (approximately 800) in Berkeley based on georeferenced hydrology maps. Prepared technical memorandum summarizing GIS output data including PCB yields and GI reduction potentials by Micro- Watershed and Land Use Category.
• 301 Industrial Road Remediation Project, San Carlos, California – Mr. Rieke served as the resident engineer at an 18-acre remediation project for the future construction of a major hospital complex in San Mateo County. He oversaw investigation and remediation of polychlorinated biphenyls (PCBs) impacted soil in a former transformer area. He coordinated pilot testing for injection of soil stabilization agents, onsite and in- situ soil mixing with chemical oxidants followed by lime treatment of petroleum Axel Rieke, PE, LEED AP BD+C, QSD/P
Principal Engineer, Project Manager
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hydrocarbon impacted soils at a former gasoline underground storage tank area. Until project completion and receipt of a No-Further-Action letter from the RWQCB Mr. Rieke was the project QSD and provided regulatory compliance assistance by working as a liaison between the owner and the RWQCB storm water unit.
• Alameda County Flood Control an d Water Conservation District, CA – Project Manager for as - needed service contract for NPDES Municipal Regional Stormwater Permit (MRP) compliance support including legal/regulatory guidance and technical support; conducting “Pollutants of Concern” related special studies; and support for annual reporting. Presented at District Clean Water Program round table to member agencies on Green Infrastructure planning using geographic information system (GIS) applications.
• Port of San Francisco , In-House Regulatory Specialist, CA – Managed the Port’s Construction Runoff Control Program on a weekly assignment at the Port’s office. Reviews developer erosion and sediment control plans and permit applications. Prepar ed permits that the Port issues to applicants.
Performed compliance inspections at construction sites including the Pier 70 69- acre redevelopment.
Reviewed tenant improvement and project post -construction stormwater management plans including green infrastructure and civil design for compliance with the National Pollutant Discharge Elimination System (NPDES) Phase II MS4 Permit. Made recommendations to the Port’s Engineering Division’s Building Permit Group and San Francisco Public Utilities Commission. • Port of San Francisco, TMDL Implementation , CA – Project Manager for inspection of the Port’s on- land sanitary sewer system within ¼ mile from the shore of Aquatic Park. The Clean Water Act 303(d) list identifies the park as an impaired water body subject to the San Francisco Bay Beaches Bacteria Total Maximum Daily Load (TMDL). TMDL implementation planning included inspection of the subject sewer system that consists of approximately 5,037 linear- feet (LF) gravity main and 918 LF pressurized main lines. The system was inspected via Closed Circuit Television (CCTV) to confirm the structural integrity and assess the condition of the pipe system. Mr. Rieke retained Pipe & Plant Solutions Inc. (PPSI), a specialty CCTV contractor, to deliver this turn- key assessment project . The results were summarized in a written report, GIS data, and CCTV file transmittal. The report conclusions were used in developing recommendations and performing repairs to meet TMDL requirements. In addition, Mr. Rieke supported Port staff with planning water quality monitoring and assessment of illicit discharges at MS4 outfalls near Aquatic Park.
• Port of San Francisco Tenant Industrial General Permit Compliance, CA – Project Manager for IGP compliance with support form QISP for Annual Comprehensive Facility Compliance Evaluation (ACFCE), inspections, monitoring including sampling and annual reporting. Made recommendations for modification to the SWPPP, BMPs or the monitoring program for IGP compliance.
EDUCATION
Diplom-Ingenieur (Dipl.-Ing.; equivalent to MS), Civil Engineering, Darmstadt University of Technology - Germany, 1999; BS, Civil Engineering, Darmstadt University of Technology - Germany, 1991 Continuing Education
Review of Civil Engineering, University of California, Berkeley, 2005
PROFESSIONAL HISTORY
Northgate Environmental Management, Inc., Civil Engineer, 2001–present Various Consulting Firms in Germany 1989-2000
REGISTRATIONS/CERTIFICATIONS
Professional Engineer, California No. 71407
Leadership in Energy and Environmental Design Accredited Professional (LEED AP BD+C) Qualified SWPPP Developer/Practitioner (QSD/P) No. 00772
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KEVIN C. TORRES, MS
SENIOR SCIENTIST
Mr. Torres has 24 years of experience in the fields of stormwater compliance, hazardous materials business plans and assessment, water and sediment quality, Phase I environmental site assessments (ESAs), environmental impact reports (EIRs) and California Environmental Quality Act (CEQA) compliance, ecological risk assessments (ERAs), toxicology, and biology. He has supported municipalities with a variety of inspections, analyses, and reporting requirements to comply with the Municipal Regional Stormwater NPDES Permit (MRP), Phase II Small Municipal General Stormwater Permit (MGP), and Industrial General Permit (IGP). Mr. Torres has conducted five years of on- land visual trash assessments (OVTA) years per the MRP and performed multiple Phase I ESAs in accordance with ASTM and USEPA Standards. He has assessed environmental impacts and identified mitigation and measures for EIRs. Mr. Torres is familiar with environmental regulations and guidance for stormwater and hazardous materials permit compliance, California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), risk assessment, and site investigation (CERCLA, RCRA).
REPRESENTATIVE EXPERIENCE
• PCB Load Reduction Planning, Alameda Countywide Clean Water Program, CA – Mr. Torres assisted the Alameda Countywide Clean Water Program in planning for compliance with load reduction goals associated with stormwater permits and the total maximum daily load (TMDL) for PCBs entering San Francisco Bay. Mr. Torres conducted a review of sites impacted by historical releases of PCBs to summarize and assess potential sources of PCBs in stormwater runoff and potential reductions in loads from remedial actions . He conducted c ase study assessments for sites in which baseline (i.e., pre-remediation) and post-remediation loads of PCBs were estimated via sediment transport modeling, e stimated PCB load reductions for case study sites , and recommended methodologies for assessing load reductions. • Phase I Environmental Site Assessments – Mr. Torres has performed numerous Phase I environmental site assessments in accordance with 40 CFR Part 312, Standards and Practices for All Appropriate Inquiry—Final Rule, and the most recent version of ASTM E ‐1527-21 standard, including site history reviews, records reviews, site inspections, and report writing. Project sites have ranged from commercial properties to industrial properties, residential properties, wetlands, and former agricultural land under agencies including the City of Oakland, City of Berkeley, City of San Francisco, East Bay Municipal Utilities District, and Santa Clara Valley Water District. • As-Needed Environmental Consulting, Hydrology, and Stormwater Services, City of Oakland, Oakland, CA – Mr. Torres provides stormwater compliance support to the City of Oakland (City), including assisting with the preparation of the City’s Annual Reports for compliance with the MRP since 2016. Tasks include reporting facility inspections, enforcement actions, and discharge corrections for commercial and industrial businesses requiring stormwater inspections, and summarizing staff training under Provision C.4 Industrial and Commercial Site Controls . Mr.
Torres also has completed trash cleanup credit calculations; compilation, review, and reporting of the City’s execution of numerous other permit provisions; and annual report document production.
Mr. Torres also supports the City’s reporting of green infrastructure and other stormwater treatment Kevin Torres, MS
Senior Scientist
Inspections and Reporting
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projects for new development and redevelopment under MRP Provision C.3, including data entry into an ArcGIS online tracking tool to facilitate estimation of pollutant load reductions. Since 2019 he has also conducted on-land visual trash assessments (OVTA) on streets and sidewalks to support estimates of trash load reduction by the City.
• As-Needed Environmental Consulting, Municipal General Stormwater Permit Compliance Support, Port of Oakland, Oakland, CA – Mr. Torres provides provide illicit discharge detection and elimination (IDDE) program and annual reporting support services support the Port complying with the provisions of the Statewide Phase II Small Municipal General Stormwater Permit (MGP).
He conducts as needed inspections and visits to sites in response to reported spills and illicit discharges within 72 hours of notification, document s inspections, reinspects sites, coordinates with Port staff, tracks investigations and corrective actions, and provides status updates to the Port related to the Illicit Discharge Detection and Elimination Source Investigations and Corrective Actions MGP Provision F.5.d.3. Mr. Torres also provides annual reporting s upport under MGP Provisions F.5.h and F.5.j, including ongoing documentation and annual reporting of inspections and maintenance reports for bioretention facilities maintained by Port tenants. • On-Call Environmental Consulting Services, City of Berkeley, Berkeley, CA – Mr. Torres provided on-call stormwater compliance support to the City of Berkeley. He conducted hazardous materials inspections for the City to update its hazardous materials business plan ( HMBP). He reviewed historic HMBP information, conducted site visits to update current hazardous material storage, interviewed site operations personnel to ensure complete facility coverage and understanding of facility operations, identified and inventoried hazardous materials at multiple sites within the City, updated hazardous material maps, and assisted in uploading the HMBPs to the California Environmental Reporting System. He also assisted with the preparation of the City’s 2016, 2017, and 2018 MRP Annual Reports by identifying and reporting public projects reviewed or planned for green infrastructure, identifying facilities as potential non- filers under the Industrial General Permit, and writing and compiling sections of the annual report. • Hazardous Materials Compliance Support, Westlake Shopping Center, Daly City, California – Mr. Torres provides annual hazardous materials compliance support for Westlake Shopping Center, assisting Kimco Real Estate in correcting violations and attaining compliance with hazardous waste storage, handling, and disposal. These services include conducting hazardous materials inventories, performing an inspection of hazardous materials storage areas, producing a site plan, assisting the client with meeting employee training requirements, and updating and submitting the facility’s HMBP.
EDUCATION
M.S., Ecology (Ecotoxicology emphasis), University of California, Davis, 2000 B.A., Integrative Biology, University of California, Berkeley, 1992
PROFESSIONAL HISTORY
Northgate Environmental Management, Inc., Senior Scientist, September 2014–present Tetra Tech, Inc., Staff and Senior Scientist, 1993-1995, 1999-2013 Updated: 3/25 Page 18
Exhibit C
Federal Contract Provisions
Federally Funded Projects. This Project is funded in whole or in part by federal funds and subject to the following federal requirements under the terms of the funding agreement(s) between City and the federal agency or agencies providing federal funds, which are fully incorporated by this reference and made part of the Agreement. Copies of any funding agreement between City and a funding agency will be made available upon request. In the event of any conflict or inconsistency between Exhibit C, Exhibit D, if applicable, and this Agreement, Exhibit C will control.
1. Equal Opportunity. If this Agreement is for public works, during the performance of this Agreement, the Consultant agrees as follows:
(A) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be 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. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(B) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(C) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.
(D) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representatives of the Consultant’s commitments under this Section, and will post copies of the notice in conspicuous places available to employees and applicants for employment.
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(E) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the United States Secretary of Labor.
(F) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the United States Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the administering agency and the United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(G) In the event of the Consultant’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further federal government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the United States Secretary of Labor, or as otherwise provided by law.
(H) The Consultant will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the United States Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the City or funding agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or funding agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
2. Davis-Bacon Act. If this Agreement is for public works, Consultant must comply with the Davis-Bacon Act (40 U.S.C. § 3141 et seq.) and the requirements of 29 CFR Park 5 as may be applicable, including the provisions in 29 CFR § 5.5(a), which are attached hereto and incorporated herein by reference. Consultant will pay wages to laborers and mechanics, not less than once a week, and at a rate not less than the current federal prevailing wages specified in the Davis-Bacon Act Wage Determination attached hereto and incorporated herein. By entering into this Agreement, Consultant accepts the attached Wage Determination. Consultant and Subcontractors/Subconsultants must insert the requirements in 29 CFR § 5.5(a) in full into subcontracts of any tier.
3. Copeland “Anti-Kickback” Act. If this Agreement is for public works, Consultant will comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this Agreement.
Consultant and subcontractors must insert this requirement into subcontracts of any tier.
Consultant is responsible for compliance with these requirements by each subcontractor of any tier.
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4. Contract Work Hours and Safety Standards Act. In addition to the California state law requirements, Consultant and each subcontractor must comply with the requirements of the federal Contract Work Hours and Safety Standards Act (“CWHSSA”), as set forth in 40 U.S.C. §§ 3701-3708, as supplemented by the regulations set forth in 29 CFR Part 5, including 29 CFR § 5.5(b), as may be amended from time to time, which are fully incorporated herein, including:
(A) Overtime Requirements. No Consultant or subcontractor contracting for any part of the Work which may require or involve the employment of laborers or mechanics will 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 40 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 40 hours in such workweek.
(B) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in (A), above, the Consultant and any subcontractor responsible therefore will be liable for the unpaid wages and interest from the date of the underpayment. In addition, such Consultant and subcontractor will be liable to the United States for liquidated damages. The liquidated damages will be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in (A) of this Section, in the sum of $32 (or as otherwise set forth in 29 CFR § 5.5(b)) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in (A) of this Section.
(C) Withholding for Unpaid Wages and Liquidated Damages.
(1) Withhold Process. The City 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 Contractor or any Subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this Section, any other Federal contract with the same Contractor, or any other federally assisted contract subject to the CWHSSA that is held by the same Contractor (as defined in 29 CFR §
5.2). The necessary funds may be withheld from the Contractor under this Contract, any other Federal contract with the same Contractor, or any other federally assisted contract that is subject to the CWHSSA and is held by the same 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.
(2) Priority to Withheld Funds. The Department of Labor has priority to funds withheld or to be withheld in accordance with 29 CFR § 5.5(a)(2)(i) or 29 CFR § 5.5(b)(3)(i), or both, over claims to those funds by: (a) a contractor's sureties, including without limitation performance bond sureties and payment bond sureties; (b) a contracting agency for its re-procurement costs; (c) 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; (d) a contractor's assignee(s); (e) a contractor's successor(s); or (f) a claim asserted under the Prompt Payment Act (31 U.S.C. §§ 3901–3907).
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(D) Subcontracts. Contractor and Subcontractors must insert in any subcontracts the clauses set forth in this Section and a clause requiring Subcontractors to include these clauses in any lower tier subcontracts. Contractor is responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in this Section.
In the event of any violations of these clauses, the 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.
(E) 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:
(1) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the CWHSSA or its implementing regulations in 29 CFR Part 5;
(2) 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 29 CFR Part 5;
(3) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or 29 CFR Part 5; or
(4) Informing any other person about their rights under CWHSSA or 29 CFR Part
5. (F) CWHSSA Required Records. To the extent that the Contract is subject only to the CWHSSA and not to any of the other Laws referenced in 29 CFR § 5.1, Contractor and its Subcontractors must maintain regular payrolls and other basic records during the course of the Work and must preserve them for a period of three years after all the Work on the Contract is completed for all laborers and mechanics, including guards and watchpersons, working on the Contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker's correct classification(s) of Work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid. The records must be made available by the Contractor or Subcontractor for inspection, copying, or transcription by authorized representatives of the City and the Department of Labor, and the Contractor or Subcontractor will permit such representatives to interview workers during working hours on the job.
5. Rights to Inventions. If the federal funding for this Agreement meets the definition of “funding agreement” under 37 CFR section 401.2(a) and constitutes an agreement between the City and a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency, will apply to this Agreement and are fully incorporated into the Agreement by this reference.
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6. Clean Air Act. If the Agreement is for an amount in excess of $150,000, Consultant and each subcontractor must comply with the requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401-7671q), and all applicable standards, orders, and regulations issued pursuant thereto, which are fully incorporated into the Agreement by this reference, including requirements for reporting violations to the City, federal awarding agency, and the applicable Regional Office for the Environmental Protection Agency. Consultant and subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.
7. Federal Water Pollution Control Act. If the Agreement is for an amount in excess of $150,000, Contractor and each subcontractor must comply with the requirements of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251-1387), and all applicable standards, orders, and regulations issued pursuant thereto, which are fully incorporated into the Agreement by this reference, including requirements for reporting violations to the City, federal awarding agency, and the applicable Regional Office for the Environmental Protection Agency requirements for reporting violations. Consultant and subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.
8. Suspension and Debarment. This Agreement is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. Consultant is required to verify that none of its principals, as defined at 2 CFR section 180.995, or its affiliates, as defined at 2 CFR section 180.905, are excluded or disqualified, as defined at 2 CFR sections 180.935 and 180.940.
Consultant must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a provision requiring compliance with these regulations in any subcontract of any tier. If it is later determined that the Consultant did not comply with the applicable subparts, in addition to remedies available to City, the federal government may pursue available remedies, including, but not limited to, suspension and/or debarment. By submitting a bid and entering into this Agreement, Consultant agrees to comply with these requirements.
9. Byrd Anti-Lobbying Amendment. If the Agreement is for an amount in excess of $100,000, Consultant must comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and file the certification provided at 44 CFR Part 18, Appendix A, and any disclosures, with the City. Each tier certifies to the tier above that it will not and has not used federal- appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier will also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures will be forwarded from tier to tier up to the recipient who in turn will forward the disclosure(s) to the federal awarding agency.
10. Procurement of Recovered Materials. The requirements of section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 at 42 U.S.C. § 6962, apply to this Agreement and are fully incorporated into the Agreement by this reference. For individual purchases of $10,000 or more, Consultant will make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (A) competitively within the Agreement schedule, (B) in conformance with Agreement performance requirements, or (C) at a reasonable price.
Information on this requirement, including a list of EPA-designated items, is available at the EPA’s Comprehensive Procurement Guidelines website:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
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11. Small and Minority Businesses. When procuring subcontractors, Consultant will consider small businesses, minority businesses, women’s business enterprises, veteran- owned businesses, and labor surplus area firms, as set forth in 2 CFR § 200.321, when possible and subject to the limitations of law. Consideration means:
(A) Solicitation Lists. These business types are included on solicitation lists.
(B) Soliciting Potential Sources. These business types are solicited whenever they are deemed eligible as potential sources.
(C) Maximizing Participation. Dividing procurement transactions into separate procurements to permit maximum participation by these business types.
(D) Establishing Delivery Schedules. Establishing delivery schedules that encourage participation by these business types.
(E) Organizational Assistance. Utilizing organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
(F) Lower-Tier Subcontracts. Requiring Subcontractors to apply this Section to lower-tier subcontracts, if any.
12. Prohibition on Covered Telecommunications. Federal loan or grant funds must not be obligated or expended to procure or obtain covered telecommunications equipment or services, extend or renew a contract to procure or obtain covered telecommunications equipment or services, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as further specified in 2 CFR § 200.216, which is fully incorporated into the Agreement by this reference. “Covered telecommunications equipment or services” means any of the following: telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); telecommunications or video surveillance services provided by such entities or using such equipment; or telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. The term “covered telecommunications equipment or services” also includes systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractor will include this provision in all subcontracts or purchase orders in connection with the work.
13. Domestic Preferences for Procurements. The City should, to the greatest extent practicable and consistent with laws, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as further specified in 2 CFR § 200.322, which is fully incorporated into the Agreement by this reference, including, but Updated: 3/25 Page 24
not limited to, iron, aluminum, steel, cement, and other manufactured products, as specified therein. The requirements of 2 CFR § 200.322 must be included in all subcontracts and purchase orders for work or products under the federal award.
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Attachment 1 to Exhibit C
Davis-Bacon Act Wage Determination
"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210
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| Wage Determination No.: 2015-5623
Daniel W. Simms Division of | Revision No.: 25 Director Wage Determinations| Date Of Last Revision: 12/23/2024 _______________________________________|____________________________________________
Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
_____________________________________________________________________________________ |If the contract is entered into on or |Executive Order 14026 generally applies to | |after January 30, 2022, or the |the contract. | |contract is renewed or extended (e.g., |The contractor must pay all covered workers | |an option is exercised) on or after |at least $17.75 per hour (or the applicable | |January 30, 2022: |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 or |Executive Order 13658 generally applies to | |between January 1, 2015 and January 29,|the contract. | |2022, and the contract is not renewed |The contractor must pay all covered workers | |or extended on or after January 30, |at least $13.30 per hour (or the applicable | |2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2025. | _____________________________________________________________________________________
The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.
____________________________________________________________________________________ State: California
Area: California Counties of Alameda, Contra Costa
____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 23.78 01012 - Accounting Clerk II 26.69 01013 - Accounting Clerk III 29.85 01020 - Administrative Assistant 46.70 01035 - Court Reporter 62.05 01041 - Customer Service Representative I 20.32 01042 - Customer Service Representative II 22.17 01043 - Customer Service Representative III 24.88 01051 - Data Entry Operator I 21.43 01052 - Data Entry Operator II 23.38 01060 - Dispatcher, Motor Vehicle 29.13 01070 - Document Preparation Clerk 20.57 01090 - Duplicating Machine Operator 20.57 01111 - General Clerk I 20.58 01112 - General Clerk II 22.46 01113 - General Clerk III 25.22 5/19/25, 1:59 PM SAM.gov
https://sam.gov/wage-determination/2015-5623/25 1/11
01120 - Housing Referral Assistant 31.71 01141 - Messenger Courier 23.05 01191 - Order Clerk I 21.34 01192 - Order Clerk II 23.29 01261 - Personnel Assistant (Employment) I 24.85 01262 - Personnel Assistant (Employment) II 27.79 01263 - Personnel Assistant (Employment) III 30.98 01270 - Production Control Clerk 33.35 01290 - Rental Clerk 22.10 01300 - Scheduler, Maintenance 25.43 01311 - Secretary I 25.43 01312 - Secretary II 28.45 01313 - Secretary III 31.71 01320 - Service Order Dispatcher 24.50 01410 - Supply Technician 46.70 01420 - Survey Worker 28.86 01460 - Switchboard Operator/Receptionist 22.24 01531 - Travel Clerk I 24.40 01532 - Travel Clerk II 26.57 01533 - Travel Clerk III 29.01 01611 - Word Processor I 26.14 01612 - Word Processor II 29.33 01613 - Word Processor III 32.81 05000 - Automotive Service Occupations
05005 - Automobile Body Repairer, Fiberglass 30.09 05010 - Automotive Electrician 30.12 05040 - Automotive Glass Installer 28.50 05070 - Automotive Worker 28.50 05110 - Mobile Equipment Servicer 25.13 05130 - Motor Equipment Metal Mechanic 31.76 05160 - Motor Equipment Metal Worker 28.50 05190 - Motor Vehicle Mechanic 31.76 05220 - Motor Vehicle Mechanic Helper 23.22 05250 - Motor Vehicle Upholstery Worker 26.88 05280 - Motor Vehicle Wrecker 28.50 05310 - Painter, Automotive 30.12 05340 - Radiator Repair Specialist 28.50 05370 - Tire Repairer 21.61 05400 - Transmission Repair Specialist 31.76 07000 - Food Preparation And Service Occupations
07010 - Baker 20.93 07041 - Cook I 22.93 07042 - Cook II 26.00 07070 - Dishwasher 19.01 07130 - Food Service Worker 19.17 07210 - Meat Cutter 22.03 07260 - Waiter/Waitress 18.03 09000 - Furniture Maintenance And Repair Occupations
09010 - Electrostatic Spray Painter 29.69 09040 - Furniture Handler 15.94*** 09080 - Furniture Refinisher 24.84 09090 - Furniture Refinisher Helper 19.15 09110 - Furniture Repairer, Minor 22.16 09130 - Upholsterer 25.97 11000 - General Services And Support Occupations
11030 - Cleaner, Vehicles 19.40 11060 - Elevator Operator 20.06 11090 - Gardener 28.97 11122 - Housekeeping Aide 20.81 11150 - Janitor 20.81 11210 - Laborer, Grounds Maintenance 22.29 11240 - Maid or Houseman 21.68 11260 - Pruner 20.05 11270 - Tractor Operator 26.77 11330 - Trail Maintenance Worker 22.29 5/19/25, 1:59 PM SAM.gov
https://sam.gov/wage-determination/2015-5623/25 2/11
11360 - Window Cleaner 23.13 12000 - Health Occupations
12010 - Ambulance Driver 24.06 12011 - Breath Alcohol Technician 36.06 12012 - Certified Occupational Therapist Assistant 46.60 12015 - Certified Physical Therapist Assistant 44.92 12020 - Dental Assistant 30.33 12025 - Dental Hygienist 66.08 12030 - EKG Technician 43.42 12035 - Electroneurodiagnostic Technologist 43.42 12040 - Emergency Medical Technician 24.06 12071 - Licensed Practical Nurse I 32.24 12072 - Licensed Practical Nurse II 36.06 12073 - Licensed Practical Nurse III 40.22 12100 - Medical Assistant 28.74 12130 - Medical Laboratory Technician 38.31 12160 - Medical Record Clerk 31.02 12190 - Medical Record Technician 34.70 12195 - Medical Transcriptionist 25.94 12210 - Nuclear Medicine Technologist 85.55 12221 - Nursing Assistant I 17.58*** 12222 - Nursing Assistant II 19.78 12223 - Nursing Assistant III 21.58 12224 - Nursing Assistant IV 24.22 12235 - Optical Dispenser 28.22 12236 - Optical Technician 27.26 12250 - Pharmacy Technician 29.56 12280 - Phlebotomist 27.06 12305 - Radiologic Technologist 65.43 12311 - Registered Nurse I 49.13 12312 - Registered Nurse II 60.10 12313 - Registered Nurse II, Specialist 60.10 12314 - Registered Nurse III 72.70 12315 - Registered Nurse III, Anesthetist 72.70 12316 - Registered Nurse IV 87.14 12317 - Scheduler (Drug and Alcohol Testing) 44.69 12320 - Substance Abuse Treatment Counselor 29.86 13000 - Information And Arts Occupations
13011 - Exhibits Specialist I 25.45 13012 - Exhibits Specialist II 31.05 13013 - Exhibits Specialist III 37.98 13041 - Illustrator I 29.13 13042 - Illustrator II 36.07 13043 - Illustrator III 44.14 13047 - Librarian 45.23 13050 - Library Aide/Clerk 27.69 13054 - Library Information Technology Systems 40.84 Administrator
13058 - Library Technician 29.38 13061 - Media Specialist I 29.47 13062 - Media Specialist II 32.97 13063 - Media Specialist III 36.75 13071 - Photographer I 23.80 13072 - Photographer II 26.63 13073 - Photographer III 33.00 13074 - Photographer IV 40.35 13075 - Photographer V 48.82 13090 - Technical Order Library Clerk 32.51 13110 - Video Teleconference Technician 31.24 14000 - Information Technology Occupations
14041 - Computer Operator I 27.83 14042 - Computer Operator II 31.13 14043 - Computer Operator III 34.72 14044 - Computer Operator IV 38.58 14045 - Computer Operator V 42.72 5/19/25, 1:59 PM SAM.gov
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14071 - Computer Programmer I (see 1) 14072 - Computer Programmer II (see 1) 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 27.83 14160 - Personal Computer Support Technician 38.58 14170 - System Support Specialist 43.12 15000 - Instructional Occupations
15010 - Aircrew Training Devices Instructor (Non-Rated) 46.95 15020 - Aircrew Training Devices Instructor (Rated) 56.80 15030 - Air Crew Training Devices Instructor (Pilot) 68.08 15050 - Computer Based Training Specialist / Instructor 46.95 15060 - Educational Technologist 43.63 15070 - Flight Instructor (Pilot) 68.08 15080 - Graphic Artist 44.41 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 68.08 15086 - Maintenance Test Pilot, Rotary Wing 68.08 15088 - Non-Maintenance Test/Co-Pilot 68.08 15090 - Technical Instructor 33.96 15095 - Technical Instructor/Course Developer 41.54 15110 - Test Proctor 27.42 15120 - Tutor 27.42 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 21.57 16030 - Counter Attendant 21.57 16040 - Dry Cleaner 24.65 16070 - Finisher, Flatwork, Machine 21.57 16090 - Presser, Hand 21.57 16110 - Presser, Machine, Drycleaning 21.57 16130 - Presser, Machine, Shirts 21.57 16160 - Presser, Machine, Wearing Apparel, Laundry 21.57 16190 - Sewing Machine Operator 25.67 16220 - Tailor 26.70 16250 - Washer, Machine 22.60 19000 - Machine Tool Operation And Repair Occupations
19010 - Machine-Tool Operator (Tool Room) 29.05 19040 - Tool And Die Maker 35.85 21000 - Materials Handling And Packing Occupations
21020 - Forklift Operator 25.49 21030 - Material Coordinator 33.35 21040 - Material Expediter 33.35 21050 - Material Handling Laborer 22.25 21071 - Order Filler 20.93 21080 - Production Line Worker (Food Processing) 25.49 21110 - Shipping Packer 22.58 21130 - Shipping/Receiving Clerk 22.58 21140 - Store Worker I 20.55 21150 - Stock Clerk 26.68 21210 - Tools And Parts Attendant 25.49 21410 - Warehouse Specialist 25.49 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 44.10 23019 - Aircraft Logs and Records Technician 35.51 23021 - Aircraft Mechanic I 41.96 23022 - Aircraft Mechanic II 44.10 23023 - Aircraft Mechanic III 45.96 23040 - Aircraft Mechanic Helper 30.68 23050 - Aircraft, Painter 39.80 23060 - Aircraft Servicer 35.51 23070 - Aircraft Survival Flight Equipment Technician 39.80 23080 - Aircraft Worker 37.65 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 37.65 5/19/25, 1:59 PM SAM.gov
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I
23092 - Aircrew Life Support Equipment (ALSE) Mechanic 41.96 II
23110 - Appliance Mechanic 28.11 23120 - Bicycle Repairer 23.69 23125 - Cable Splicer 64.66 23130 - Carpenter, Maintenance 38.33 23140 - Carpet Layer 33.40 23160 - Electrician, Maintenance 50.38 23181 - Electronics Technician Maintenance I 38.82 23182 - Electronics Technician Maintenance II 41.03 23183 - Electronics Technician Maintenance III 43.26 23260 - Fabric Worker 37.83 23290 - Fire Alarm System Mechanic 33.34 23310 - Fire Extinguisher Repairer 34.29 23311 - Fuel Distribution System Mechanic 50.00 23312 - Fuel Distribution System Operator 39.53 23370 - General Maintenance Worker 29.52 23380 - Ground Support Equipment Mechanic 41.96 23381 - Ground Support Equipment Servicer 35.51 23382 - Ground Support Equipment Worker 37.65 23391 - Gunsmith I 34.29 23392 - Gunsmith II 38.88 23393 - Gunsmith III 43.34 23410 - Heating, Ventilation And Air-Conditioning 35.79 Mechanic
23411 - Heating, Ventilation And Air Contidioning 37.61 Mechanic (Research Facility)
23430 - Heavy Equipment Mechanic 40.35 23440 - Heavy Equipment Operator 51.60 23460 - Instrument Mechanic 45.53 23465 - Laboratory/Shelter Mechanic 41.11 23470 - Laborer 22.25 23510 - Locksmith 28.95 23530 - Machinery Maintenance Mechanic 40.96 23550 - Machinist, Maintenance 31.54 23580 - Maintenance Trades Helper 22.09 23591 - Metrology Technician I 45.53 23592 - Metrology Technician II 47.85 23593 - Metrology Technician III 49.87 23640 - Millwright 47.45 23710 - Office Appliance Repairer 30.30 23760 - Painter, Maintenance 30.71 23790 - Pipefitter, Maintenance 41.10 23810 - Plumber, Maintenance 38.96 23820 - Pneudraulic Systems Mechanic 43.34 23850 - Rigger 42.88 23870 - Scale Mechanic 38.88 23890 - Sheet-Metal Worker, Maintenance 43.27 23910 - Small Engine Mechanic 25.63 23931 - Telecommunications Mechanic I 38.73 23932 - Telecommunications Mechanic II 40.71 23950 - Telephone Lineman 46.82 23960 - Welder, Combination, Maintenance 29.52 23965 - Well Driller 36.77 23970 - Woodcraft Worker 43.34 23980 - Woodworker 34.29 24000 - Personal Needs Occupations
24550 - Case Manager 25.47 24570 - Child Care Attendant 21.16 24580 - Child Care Center Clerk 26.40 24610 - Chore Aide 16.73*** 24620 - Family Readiness And Support Services 25.47 Coordinator
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25000 - Plant And System Operations Occupations
25010 - Boiler Tender 55.09 25040 - Sewage Plant Operator 49.98 25070 - Stationary Engineer 55.09 25190 - Ventilation Equipment Tender 40.28 25210 - Water Treatment Plant Operator 49.98 27000 - Protective Service Occupations
27004 - Alarm Monitor 50.29 27007 - Baggage Inspector 21.34 27008 - Corrections Officer 45.89 27010 - Court Security Officer 49.35 27030 - Detection Dog Handler 30.14 27040 - Detention Officer 45.89 27070 - Firefighter 52.80 27101 - Guard I 21.34 27102 - Guard II 30.14 27131 - Police Officer I 58.36 27132 - Police Officer II 64.84 28000 - Recreation Occupations
28041 - Carnival Equipment Operator 24.54 28042 - Carnival Equipment Repairer 26.55 28043 - Carnival Worker 18.38 28210 - Gate Attendant/Gate Tender 24.72 28310 - Lifeguard 18.57 28350 - Park Attendant (Aide) 27.65 28510 - Recreation Aide/Health Facility Attendant 20.19 28515 - Recreation Specialist 34.26 28630 - Sports Official 22.03 28690 - Swimming Pool Operator 30.11 29000 - Stevedoring/Longshoremen Occupational Services
29010 - Blocker And Bracer 39.53 29020 - Hatch Tender 39.53 29030 - Line Handler 39.53 29041 - Stevedore I 37.27 29042 - Stevedore II 41.78 30000 - Technical Occupations
30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 56.27 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 38.81 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 42.74 30021 - Archeological Technician I 24.86 30022 - Archeological Technician II 27.80 30023 - Archeological Technician III 34.44 30030 - Cartographic Technician 34.44 30040 - Civil Engineering Technician 46.48 30051 - Cryogenic Technician I 38.13 30052 - Cryogenic Technician II 42.12 30061 - Drafter/CAD Operator I 24.86 30062 - Drafter/CAD Operator II 27.80 30063 - Drafter/CAD Operator III 30.99 30064 - Drafter/CAD Operator IV 38.15 30081 - Engineering Technician I 20.77 30082 - Engineering Technician II 23.30 30083 - Engineering Technician III 26.07 30084 - Engineering Technician IV 32.30 30085 - Engineering Technician V 39.51 30086 - Engineering Technician VI 47.80 30090 - Environmental Technician 34.94 30095 - Evidence Control Specialist 34.43 30210 - Laboratory Technician 33.89 30221 - Latent Fingerprint Technician I 45.41 30222 - Latent Fingerprint Technician II 50.16 30240 - Mathematical Technician 52.55 30361 - Paralegal/Legal Assistant I 26.57 30362 - Paralegal/Legal Assistant II 32.93 30363 - Paralegal/Legal Assistant III 40.28 5/19/25, 1:59 PM SAM.gov
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30364 - Paralegal/Legal Assistant IV 48.73 30375 - Petroleum Supply Specialist 42.12 30390 - Photo-Optics Technician 35.89 30395 - Radiation Control Technician 42.12 30461 - Technical Writer I 40.74 30462 - Technical Writer II 49.84 30463 - Technical Writer III 60.29 30491 - Unexploded Ordnance (UXO) Technician I 35.77 30492 - Unexploded Ordnance (UXO) Technician II 43.27 30493 - Unexploded Ordnance (UXO) Technician III 51.87 30494 - Unexploded (UXO) Safety Escort 35.77 30495 - Unexploded (UXO) Sweep Personnel 35.77 30501 - Weather Forecaster I 38.13 30502 - Weather Forecaster II 46.38 30620 - Weather Observer, Combined Upper Air Or (see 2) 30.99 Surface Programs
30621 - Weather Observer, Senior (see 2) 34.43 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 43.27 31020 - Bus Aide 26.22 31030 - Bus Driver 36.45 31043 - Driver Courier 21.54 31260 - Parking and Lot Attendant 19.05 31290 - Shuttle Bus Driver 23.14 31310 - Taxi Driver 17.93 31361 - Truckdriver, Light 23.31 31362 - Truckdriver, Medium 24.93 31363 - Truckdriver, Heavy 30.17 31364 - Truckdriver, Tractor-Trailer 30.17 99000 - Miscellaneous Occupations
99020 - Cabin Safety Specialist 21.10 99030 - Cashier 18.55 99050 - Desk Clerk 20.17 99095 - Embalmer 33.15 99130 - Flight Follower 35.77 99251 - Laboratory Animal Caretaker I 21.65 99252 - Laboratory Animal Caretaker II 23.43 99260 - Marketing Analyst 51.34 99310 - Mortician 29.47 99410 - Pest Controller 22.97 99510 - Photofinishing Worker 22.97 99710 - Recycling Laborer 38.60 99711 - Recycling Specialist 46.15 99730 - Refuse Collector 34.73 99810 - Sales Clerk 19.32 99820 - School Crossing Guard 25.31 99830 - Survey Party Chief 45.28 99831 - Surveying Aide 27.24 99832 - Surveying Technician 39.83 99840 - Vending Machine Attendant 19.07 99841 - Vending Machine Repairer 23.40 99842 - Vending Machine Repairer Helper 19.07 ***Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.75 per hour) or 13658 ($13.30 per hour). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 and 13658 are not currently being enforced as to contracts or contract-like instruments entered into with the federal government in connection with seasonal recreational services or seasonal recreational equipment rental for the general public on federal lands. The minimum wage requirements of Executive Order 14026 also are not currently being 5/19/25, 1:59 PM SAM.gov
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enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party.
____________________________________________________________________________________ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract 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 the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $5.36 per hour, up to 40 hours per week, or $214.40 per week or $929.07 per month
HEALTH & WELFARE EO 13706: $4.93 per hour, up to 40 hours per week, or $197.20 per week, or $854.53 per month*
*This rate is to be used only when compensating employees for performance on an SCA- covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, 4 weeks after 15 years, and 5 weeks after 25 years.
Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:
1) COMPUTER EMPLOYEES: This wage determination does not apply to any individual employed in a bona fide executive, administrative, or professional capacity, as defined in 29 C.F.R. Part 541. (See 41 C.F.R. 6701(3)). Because most Computer Systems Analysts and Computer Programmers who are paid at least $27.63 per hour (or at least $684 per week if paid on a salary or fee basis) likely qualify as exempt computer professionals under 29 U.S.C. 213(a)(1) and 29 U.S.C. 213(a)(17), this wage determination may not include wage rates for all occupations within those job families. In such instances, a conformance will be necessary if there are nonexempt employees in these job families working on the contract.
Job titles vary widely and change quickly in the computer industry, and are not determinative of whether an employee is an exempt computer professional. To be exempt, computer employees who satisfy the compensation requirements must also have a primary duty that consists of:
(1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
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(2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
(3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
(4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400).
Any computer employee who meets the applicable compensation requirements and the above duties test qualifies as an exempt computer professional under both section 13(a)(1) and section 13(a)(17) of the Fair Labor Standards Act. (Field Assistance Bulletin No. 2006-3 (Dec. 14, 2006)). Accordingly, this wage determination will not apply to any exempt computer employee regardless of which of these two exemptions is utilized.
2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.
If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work).
** HAZARDOUS PAY DIFFERENTIAL **
An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder.
All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordnance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordnance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance, explosives, and incendiary material differential pay. ** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to 5/19/25, 1:59 PM SAM.gov
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this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of ""wash and wear"" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. ** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **
The duties of employees under job titles listed are those described in the ""Service Contract Act Directory of Occupations"", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated.
** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE, Standard Form 1444 (SF-1444) **
Conformance Process:
The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (See 29 CFR
4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).
2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the U.S.
Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.
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5) The contracting officer transmits the Wage and Hour Division's decision to the contractor.
6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 CFR 4.6(b)(2)(iii)).
Information required by the Regulations must be submitted on SF-1444 or bond paper.
When preparing a conformance request, the ""Service Contract Act Directory of Occupations"" should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination.
Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1))."
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Updated: 3/25 Page 26
Attachment 2 to Exhibit C
29 CFR § 5.5(a)
This content is from the eCFR and is authoritative but unofficial.
Displaying title 29, up to date as of 5/15/2025. Title 29 was last amended 4/30/2025. T itle 29 —Labor
Subtitle A —Office of the Secretary of Labor
Part 5
—Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract W ork Hours and Safety Standards Act)
Subpart A —Davis-Bacon and Related Acts Provisions and Procedures § 5.5 Contract provisions and related m atters.
(a) Required contract clauses. The Agency head will cause or require the contracting officer to require the contracting officer to insert in full, or (for contracts covered by the Federal Acquisition Regulation (48 CFR chapter 1)) by reference, in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the laws referenced by § 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor):
(1) M inimum wages —
(i) 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 this section, 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 (a)(1)(v) 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 (a)(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 (a)(1)(iii) 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. (ii) Frequently recurring classifications.
(A) 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 (a)(1)(iii) of this section, provided that:
Editorial Note:Nomenclature changes to subpart A of part 5 appear at 61 FR 19984, M ay 3, 1996.
EDITORIAL NOTE ON SUBPART A OF PART 5
5/19/25, 2:00 PM eCFR :: 29 CFR 5.5 -- Contract provisions and related matters. https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5 1/8 (1) 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; (2) The classification is used in the area by the construction industry; and (3) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(B) The Administrator will establish wage rates for such classifications in accordance with paragraph (a)(1)(iii) (A)(3) 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. (iii) Conformance.
(A) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is used in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.
(C) 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.
(D) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (E) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs (a)(1)(iii)(C) and (D) 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 (a)(1)(iii)(C) or (D) 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. (iv) 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.
(v) 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. (vi) 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.
5/19/25, 2:00 PM eCFR :: 29 CFR 5.5 -- Contract provisions and related matters. https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5 2/8 (2) Withholding —
(i) Withholding requirements. The [write in name of Federal agency or the recipient of Federal assistance] 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 paragraph (a) of 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 (or otherwise working in construction or development of the project under a development statute) 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 (a)(3)(iv) of this section, the [Agency] may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, 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.
(ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by:
(A) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) 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;
(D) A contractor's assignee(s);
(E) A contractor's successor(s); or
(F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. (3) Records and certified payrolls —
(i) Basic record requirements —
(A) 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. (B) 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.
(C) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph (a) (1)(v) 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. (D) 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. 5/19/25, 2:00 PM eCFR :: 29 CFR 5.5 -- Contract provisions and related matters. https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5 3/8 (ii) Certified payroll requirements —
(A) 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 [write in name of appropriate Federal agency] if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the [write in name of agency]. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system.
(B) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph (a)(3)(i)(B) 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 sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records). (C) 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:
(1) That the certified payroll for the payroll period contains the information required to be provided under paragraph (a)(3)(ii) of this section, the appropriate information and basic records are being maintained under paragraph (a)(3)(i) of this section, and such information and records are correct and complete; (2) 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 (3) 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. (D) 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 (a)(3)(ii)(C) of this section. (E) 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. (F) 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. (G) 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.
(iii) 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.
5/19/25, 2:00 PM eCFR :: 29 CFR 5.5 -- Contract provisions and related matters. https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5 4/8 (iv) Required disclosures and access —
(A) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs (a)(3)(i) through (iii) of this section, and any other documents that the [write the name of the agency] 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 [write the name of the agency] or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (B) 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. (C) 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 [write in name of appropriate Federal agency] if the agency is a party to the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the [write in name of agency], 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 —
(i) Apprentices —
(A) 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.
(B) 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. (C) 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 (a)(4)(i)(D) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph (a)(4)(i)(A) 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. 5/19/25, 2:00 PM eCFR :: 29 CFR 5.5 -- Contract provisions and related matters. https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5 5/8 (D) 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. (ii) 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. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in paragraphs (a) (1) through (11) of this section, along with the applicable wage determination(s) and such other clauses or contract modifications as the [write in the name of the Federal 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.
(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. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives. (10)Certification of eligibility.
(i) 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).
(ii) 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).
(iii) 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:
(i) 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;
(ii) 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;
(iii) 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
(iv) Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3. (b) Contract Work Hours and Safety Standards Act (CWHSSA). The Agency Head must cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1) through (5) of this section in full, or (for contracts covered by the Federal Acquisition Regulation) by reference, in any 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 must be inserted in addition to the clauses required by paragraph (a) of this section or 29 CFR 4.6. As used in this paragraph (b), the terms “laborers and mechanics” include watchpersons and guards.
5/19/25, 2:00 PM eCFR :: 29 CFR 5.5 -- Contract provisions and related matters. https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5 6/8 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the conract 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. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(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 (b)(1) of this section, in the sum of $33 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 (b)(1).
(3) Withholding for unpaid wages and liquidated damages — (i) Withholding process. The [write in the name of the Federal agency or the recipient of Federal assistance] 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 paragraph (b) on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. (ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by:
(A) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) 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;
(D) A contractor's assignee(s);
(E) A contractor's successor(s); or
(F) 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 (b) (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 (b)(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:
(i) 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; (ii) 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; 5/19/25, 2:00 PM eCFR :: 29 CFR 5.5 -- Contract provisions and related matters. https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5 7/8 (The information collection, recordkeeping, and reporting requirements contained in the following paragraphs of this section were approved by the Office of M anagement and Budget:
(a)(1)(ii)(B) 1235-0023
(a)(1)(ii)(C) 1235-0023
(a)(1)(iv) 1235-0023
(a)(3)(i) 1235-0023
(a)(3)(ii)(A) 1235-0023
1235-0008
(c) 1235-0023
[48 FR 19540, Apr. 29, 1983, as amended at 51 FR 12265, Apr. 9, 1986; 55 FR 50150, Dec. 4, 1990; 57 FR 28776, June 26, 1992; 58 FR 58955, Nov. 5, 1993; 61 FR 40716, Aug. 5, 1996; 65 FR 69693, Nov. 20, 2000; 73 FR 77511, Dec. 19, 2008; 81 FR 43450, July 1, 2016; 82 FR 2225, 2226, Jan. 9, 2017; 83 FR 12, Jan 2, 2018; 84 FR 218, Jan. 23, 2019; 87 FR 2334, Jan. 14, 2022; 88 FR 2215, Jan. 13, 2023; 88 FR 57734, Aug. 23, 2023; 89 FR 1815, Jan. 11, 2024; 90 FR 1859, Jan. 10, 2025] (iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
(iv) Informing any other person about their rights under CWHSSA or this part. (c) CWHSSA required records clause. In addition to the clauses contained in paragraph (b) of this section, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws referenced by § 5.1, the Agency Head must cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of 3 years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid. Further, the Agency Head must cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job.
(d) Incorporation of contract clauses and wage determinations by reference. Although agencies are required to insert the contract clauses set forth in this section, along with appropriate wage determinations, in full into covered contracts, and contractors and subcontractors are required to insert them in any lower-tier subcontracts, the incorporation by reference of the required contract clauses and appropriate wage determinations will be given the same force and effect as if they were inserted in full text.
(e) Incorporation by operation of law. The contract clauses set forth in this section (or their equivalent under the Federal Acquisition Regulation), along with the correct wage determinations, will be considered to be a part of every prime contract required by the applicable statutes referenced by § 5.1 to include such clauses, and will be effective by operation of law, whether or not they are included or incorporated by reference into such contract, unless the Administrator grants a variance, tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law.
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5/19/25, 2:00 PM eCFR :: 29 CFR 5.5 -- Contract provisions and related matters. https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5 8/8