Appendix E of the Title VI Assurances
(US DOT Order 1050.2A)
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
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• The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE
(For Local Assistance Construction Projects)
The following language must be incorporated into all Local Assistance Federal-aid construction contracts.
The following language, with minor edits, was taken from the Code of Federal Regulations.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS
SECTION
1. BID OPENING....................................................................................................................................................... 2
2. BID RIGGING........................................................................................................................................................ 2
3. CONTRACT AWARD............................................................................................................................................ 2
4. CONTRACTOR LICENSE .................................................................................................................................... 2
5. CHANGED CONDITIONS..................................................................................................................................... 2 A. Differing Site Conditions ....................................................................................................................... 2 B. Suspensions of Work Ordered by the Engineer.................................................................................. 2 C. Significant Changes in the Character of Work .................................................................................. 3
6. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ......................................... 3
7. BUY AMERICA ................................................................................................................................................... 3
8. QUALITY ASSURANCE..................................................................................................................................... 4
9. PROMPT PAYMENT .......................................................................................................................................... 5
10. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS............................ 5
11. TITLE VI ASSURANCES.................................................................................................................................... 5
12. FEDERAL TRAINEE PROGRAM.......................................................................................................................10
13. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES..........................................................................................................................................................11 EXHIBIT F Page 90 of 119 EXHIBIT 1
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1. BID OPENING
The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.
2. BID RIGGING
The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424- 9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.
3. CONTRACT AWARD
If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.
4. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (23 CFR 635.110).
5. CHANGED CONDITIONS
A. Differing Site Conditions
1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.
2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. [This provision may be omitted by the Local Agency, at their option.] B. Suspensions of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.
2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.
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3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.
4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
C. Significant Changes in the Character of Work
1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.
2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.
3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.
4. The term “significant change” shall be construed to apply only to the following circumstances:
• When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
• When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.
6. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.
This work shall be diligently prosecuted to completion before the expiration of WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed. the sum of $5,200 per day, for each
and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.
7. BUY AMERICA
Buy America Requirements apply to steel and iron, manufactured products, and construction materials permanently incorporated into the project.
Steel and Iron Materials
All steel and iron materials must be melted and manufactured in the United States except:
1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];
2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total contract amount or $2,500, materials produced outside the United States may be used if authorized.
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.
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Required Federal-Aid Contract Language
October 2023
Manufactured Products
Iron and steel used in precast concrete manufactured products must meet the requirements of the above section (Steel and Iron Materials) regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of the above section (Steel and Iron Materials) if the weight of steel and iron components constitute 90 percent or more of the total weight of the manufactured product.
Construction Materials
Buy America requirements apply to the following construction materials that are or consist primarily of:
1. Non-ferrous metals
2. Plastic and polymer-based products such as:
2.1 Polyvinylchloride
2.2 Composite Building Materials
3. Glass
4. Fiber optic cable (including drop cable)
5. Optical fiber
6. Lumber
7. Engineered wood
8. Drywall
All manufacturing processes for these materials as defined in 2 CFR 184.6 must occur in the United States.
Where one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified.
Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. Manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance.
All manufacturing processes for these materials must occur in the United States.
Buy America requirements do not apply to the following:
1. Tools and construction equipment used in performing the work
2. Temporary work that is not incorporated into the finished project Waivers
If Buy America waivers are granted, use the following language to include in the contract:
The following steel and iron products, manufactured products, or construction materials have received an approved Buy America waiver for this contract, and therefore, are not subject to Buy America requirements:
1. 2.
8. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
9. PROMPT PAYMENT
A. FROM THE AGENCY TO THE CONTRACTORS
The Local Agency shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from the Contractor on a construction contract. If the Local Agency fails to pay promptly, the Local Agency shall pay interest to the Contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the Local Agency shall act in accordance with both of the following:
1. The Local Agency shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
2. The Local Agency must return any payment request deemed improper by the Local Agency to the Contractor as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.
B. SUBMITTAL OF EXHIBIT 9-P
For projects awarded on or after September 1, 2023:
The Contractor must submit Exhibit 9-P to the Local Agency administering the contract by the 15th of the month following the month of any payment(s). If the Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.
The Local Agency must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfall to the DBE commitment and prompt payment issues until the end of the project. The Local Agency must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the Contractor.
10. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS [Form FHWA-1273 must be physically inserted into the contract without modification, excluding ATTACHMENT
A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS.]
[The current version of Form FHWA-1273 is accessible at FHWA’s website:
https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf]
11. TITLE VI ASSURANCES
[The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and E.
Note: Appendix B only requires inclusion if the contract impacts deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein. Appendices C and D only require inclusion if the contract impacts deeds, licenses, leases, permits, or similar instruments entered into by the recipient.]
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in EXHIBIT F Page 94 of 119 EXHIBIT 1
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the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONTRACTOR shall provide all information and reports required by theRegulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subapplicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
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Required Federal-Aid Contract Language
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(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
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Required Federal-Aid Contract Language
October 2023
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such EXHIBIT F Page 97 of 119 EXHIBIT 1
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programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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Required Federal-Aid Contract Language
October 2023
Federal Trainee Program Special Provisions
(to be used when applicable)
12. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is zero.
This section applies if a number of trainees or apprentices is shown on the Notice of Bidders.
As part of the prime contractor’s equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.
The prime contractor has primary responsibility for meeting this training requirement.
If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.
Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area.
Before starting work, the prime contractor shall submit to the City/County of San Joaquin:
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
The prime contractor shall obtain the City/County of San Joaquin approval for this submitted information before the prime contractor starts work. The City/County of San Joaquin credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women toward journeyman status.
The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training.
The prime contractor shall not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman
2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show the employee's answers to the questions.
In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City/County of San Joaquin and FHWA approves a program if one of the following is met:
1. It is calculated to:
• Meet the equal employment opportunity responsibilities • Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period
2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.
The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower-level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.
The City/County of San Joaquin reimburses the prime contractor 80 cents per hour of training given an employee on thiscontract under an approved training program:
1. For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and prime contractor does at least one of the following:
a. Contribute to the cost of the training
b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period
3. If the prime contractor complies with this section.
Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee a:
1. Copy of the training plan approved by the U.S, Department of Labor or a training plan for trainees approved by both Caltrans and FHWA
2. Certification showing the type and length of training satisfactorily completed Maintain records and submit reports documenting contractor’s performance under this section.
13. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND
SERVICES
In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to:
• Procure or obtain;
• Extend or renew a contract to procure or obtain; or
• Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
The prohibited vendors (and their subsidiaries or affiliates) are:
• Huawei Technologies Company;
• ZTE Corporation;
• Hytera Communications Corporation;
• Hangzhou Hikvision Digital Technology Company;
• Dahua Technology Company; and
• Subsidiaries or affiliates of the above-mentioned companies.
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
The contractors should furnish telecommunications and video surveillance equipment with a certificate of compliance. The certificate must state telecommunications and video surveillance equipment was not procured or obtained from manufacturers identified in the above list.
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1 FHWA-1273 – Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR
633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid designbuild contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).
3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.
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2 1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.
Information and procedures with regard to referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action EXHIBIT F Page 103 of 119 EXHIBIT 1
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3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as nonresponsible. c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following:
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4 (1) The number and work hours of minority and nonminority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and nonminority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy
between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;
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5 (ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) 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:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph EXHIBIT F Page 106 of 119 EXHIBIT 1
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6 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.
All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Actscovered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.
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7 (5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity (29 CFR
5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph
4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with EXHIBIT F Page 108 of 119 EXHIBIT 1
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8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the DavisBacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and
guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR
5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment.
In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or EXHIBIT F Page 109 of 119 EXHIBIT 1
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9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and 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. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lowertier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
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10 (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on longstanding interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federalaid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
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11 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.
By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.
The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
* * * * *
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12 2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
* * * * *
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily EXHIBIT F Page 113 of 119 EXHIBIT 1
862
13 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
* * * * *
4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.
EXHIBIT F Page 114 of 119 EXHIBIT 1
863
14 ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment
Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.
6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.
EXHIBIT F Page 115 of 119 EXHIBIT 1
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1 BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That we, __________________________________________________, a STATE OF CA CORPORATION, as Principal and
, a corporation, organized and existing under the laws
of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of ONE MILLION THREE HUNDRED EIGHTY FIVE THOUSAND AND NO/100 DOLLARS ($1,385,000), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:
DOWNTOWN EAST-WEST CONNECTION IMPROVEMENTS
PROJECT NO. WT22050/FEDERAL PROJECT NO. ATPL-5008(199)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its Subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond,
865
2 and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on
APPROVED AS TO SURETY: By
PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:
MARCI A. ARREDONDO
OFFICE OF THE CITY ATTORNEY
By
ATTORNEY-IN-FACT
By
DEPUTY CITY ATTORNEY
866
1 BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That we, RAPID SERVICES, LLC DBA RAPID GRADING SERVICES, a STATE OF CALIFORNIA CORPORATION, as Principal and , a
corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of ONE MILLION THREE HUNDRED EIGHTY FIVE THOUSAND AND NO/100 DOLLARS ($1,385,000), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said City of Stockton and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:
DOWNTOWN EAST-WEST CONNECTION IMPROVEMENTS
PROJECT NO. WT22050/FEDERAL PROJECT NO. ATPL-5008(199)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its Subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on
867
2 this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on .
APPROVED AS TO SURETY: By
PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:
MARCI A. ARREDONDO
OFFICE OF THE CITY ATTORNEY
By
ATTORNEY-IN-FACT
By
DEPUTY CITY ATTORNEY
868
City of Stockton
Legislation Text
File #: 26-0449, Version: 1
ADOPT RESOLUTION TO AUTHORIZE APPROVAL OF THE REVIEW OF PARK & RIDE
PROGRAM & RELATED TRANSPORTATION DEMAND MANAGEMENT STRATEGIES STUDY,
AND TRANSFER PARK & RIDE EXACTION FUNDS TO THE MULTIMODAL TRANSPORTATION PROJECT, PROJECT NO. WT25050 (ALL DISTRICTS - CITYWIDE)
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the “Review of Park & Ride Program & Related Transportation Demand Management Strategies” Study.
2. Approve the renaming of the Park & Ride Exaction to the Capital Improvement Program Project, Multimodal Transportation Project, Project No. WT25050.
3. Approve continued exactions of traffic impact fees into the Multimodal Transportation Project, Project No. WT25050.
4. Authorize the transfer of past air quality fee exaction funds to the Multimodal Transportation Project, Project No. WT25050 as follows:
a. Transfer of funds in the amount of $730,159.41 from the Proportionate Share/Park & Ride Hammer Lane/SR-99, Project No. DP21063.
b. Transfer of funds in the amount of $1,883,783.79 from the Proportionate Share/Park & Ride Eight Mile Road/1-5, Project No. DP21064.
c. Transfer of funds in the amount of $1,099,533.18 from the Park & Ride March Lane/SR99, Project No. DP21038. d. Transfer of funds in the amount of $211,145.22 from the Temporary Park & Ride Lot Cannery Park Eight Mile Road/SR-99, Project No. DP21075. e. Transfer of funds in the amount of $121,699.35 from the Park & Ride Calaveras River/Martin Luther King Boulevard, Project No. DP21078.
5. It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
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File #: 26-0449, Version: 1
Summary
Park and ride lots was a popular strategy used in reducing single occupancy vehicle use and congestion which can lead to improved air quality. Since 2002, the City has assessed an Air Quality Mitigation fee on development projects with the intent of implementing park and ride lots.
Approximately $4,000,000 in fees have been collected and placed in various proportionate share (PShare) revenue accounts for park and ride lots. However, park and ride facilities are challenging and costly to implement.
Consequently, Public Works (PW) staff retained Fehr and Peers, transportation consultants, to review the City’s Air Quality Mitigation fee and to recommend a mix of air quality mitigation strategies in addition to park and ride. Fehr and Peers recommendations are documented in the “Review of Park & Ride Program & Related Transportation Demand Management Strategies” Study completed in April 2025. The Study identifies targeted bicycle, pedestrian, transit, and mode shift strategies in addition to park and ride that are more flexible and attainable for the City.
PW staff is supportive of the Study recommendations. Further, the City Attorney’s Office has opined that the Study can serve as the basis and supportive evidence in redefining the purpose and intent of the City’s fee. Moving forward, the Study recommends the following next steps:
· Rename the fee to Multimodal Transportation Project (MTP) Fund to better align with the available strategies;
· The $375 per residential unit air quality fee will be collected for purposes identified in the Study and allocated to the MTP Fund;
· Transfer previously collected air quality funds to the MTP Fund; and · Prioritize the use of MTP funds based on criteria established in the Study.
It is recommended that Council adopt a resolution approving the “Review of Park & Ride Program & Related Transportation Demand Management Strategies” Study, renaming of the Park & Ride Exaction to the Capital Improvement Program (CIP) Project, MTP, continuing exactions of traffic impact fees into the MTP, and authorizing the transfer of past air quality fee exaction funds to the MTP.
DISCUSSION
Background
The Envision Stockton 2040 General Plan is the City’s framework for growth seen with infill or larger development projects. Large scale and/or infill developments are required to mitigate impacts of their projects. Mitigating improvements are typically required as a condition of approval for the development or the project environmental document. Most of the impacts are the result of increases in traffic which can lead to congestion and poor air quality. Developers mitigate the effects of congestion by installing new signals, turning lanes, or new through lanes. Poor air quality can be mitigated with improvements that encourage the use of travel modes other than the single occupancy vehicle. Improvements can include bicycle lanes, pedestrian pathways, mass transit amenities, transportation demand management solutions, or vehicle commute/park and ride facilities. The City of Stockton Page 2 of 4 Printed on 6/5/2026
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File #: 26-0449, Version: 1
improvements are typically installed with the development but not always. On occasion, the improvements have to be deferred to a future date. This is common with improvements that need to be coordinated with a City project or another development. Also, some improvements are not required until a future traffic condition is met. When an improvement is deferred, developers will pay their P-Share or estimated value of the improvement to the City.
Park and ride lots was a popular strategy used to reducing the dependance of single occupancy vehicles, reducing congestion and improving air quality. Since 2002, the City has collected a PShare fee for development-related impacts of air quality with the intent of planning and constructing park and ride lots. Currently, the Air Quality Mitigation fee is $350 per residential unit for larger development projects. However, Implementation of park and ride facilities proved challenging due to their high cost, land or lease requirements, long term maintenance, and security concerns.
Regionally, San Joaquin Council of Governments and Caltrans have had success in constructing park and ride facilities. The City has coordinated the installation of park and ride spaces at key shopping centers. However, park and ride strategies still remain one of our less viable transportation demand management tools for air quality mitigation.
Since 2002, approximately $4,000,000 has been collected for implementation of park and ride mitigation of air quality impacts of development. These funds reside in various P-Share revenue accounts for park and ride lots. Due to the challenges mentioned above, park and ride lots remain the least preferred mitigation improvement among other available air quality strategies. On advice of the City Attorney’s Office, a mitigation improvement can be changed if another solution is identified based on engineering judgment or analysis. An example being when a roundabout is used in lieu of a traffic signal or when better signal coordination is implemented in place of a dedicated right-turn pocket. Similarly, staff is now taking action to redefine the Air Quality Mitigation fee to create a better mix mitigation strategy for air quality mitigation in addition to park and ride.
Present Situation
PW staff retained Fehr and Peers, transportation consultants, to review the City’s Air Quality Mitigation fee. Fehr and Peers has provided recommendations to modify the fee to include a mix of air quality mitigation strategies in addition to park and ride. Fehr and Peers recommendations are documented in the “Review of Park & Ride Program & Related Transportation Demand Management Strategies” Study completed in April 2025. The Study recommends the following targeted air quality mitigation strategies:
· Bicycle improvements that support the City’s Bicycle Master Plan · Improvements to pedestrian connectivity or network
· Improvements to street connectivity or network
· Transit supportive roadway treatments
· Carshare, Bikeshare, Park & Ride, and other mode shift improvements · Traffic management solutions that result in reduced congestion/better air quality The targeted strategies noted above provide a more flexible mix of air quality strategies that can be attained by the City. The Study recommends a set of four evaluation criteria for use in determining projects that are eligible to use air quality fees collected (past and future). The evaluation criteria measures a project’s benefit in the following four categories: 1) Air Quality; 2) Connectivity and Mode City of Stockton Page 3 of 4 Printed on 6/5/2026
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File #: 26-0449, Version: 1
Shift; 3) Leveraging of other funds; and 4) Geographic location relative to underserved areas or where funds were collected.
The Study lists six City projects which proved to be good candidates for use of funding. The projects were primarily projects that improved bicycle and pedestrian connectivity. In accordance with the Study, the following next steps will lead to a redefined fee:
· Rename the fee to MTP Fund to better align with the available strategies; · The $375 per residential unit air quality fee will be collected for purposes identified in the Study and allocated to the MTP Fund;
· Transfer previously collected air quality funds to the MTP Fund; and · Prioritize the use of MTP funds based on criteria established in the Study.
PW staff is supportive of the Study’s recommendations. Further, the City Attorney’s Office has opined that the Study can serve as the basis and supportive evidence in redefining the purpose and intent of the City’s fee. Moving forward, the existing and future fees collected will be allocated to an established CIP Project entitled MTP. Based on criteria established in the Study, eligible projects will be advanced to achieve air quality mitigation objectives for which the fee is collected.
It is recommended that Council adopt a resolution approving the “Review of Park & Ride Program & Related Transportation Demand Management Strategies” Study, renaming of the Park & Ride Exaction to the Capital Improvement Program (CIP) Project, MTP, continuing exactions of traffic impact fees into the MTP, and authorizing the transfer of past air quality fee exaction funds to the MTP.
FINANCIAL SUMMARY
This action has no impact on the General Fund or any other unrestricted funds.
City of Stockton Page 4 of 4 Printed on 6/5/2026
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION TO APPROVE THE REVIEW OF PARK & RIDE PROGRAM & RELATED
TRANSPORTATION DEMAND MANAGEMENT STRATEGIES STUDY AND AUTHORIZE
THE TRANSFER OF PARK & RIDE EXACTION FUNDS TO THE MULTIMODAL TRANSPORTATION PROJECT, PROJECT NO. WT25050
Public Works staff retained Fehr and Peers, transportation consultants, to review the City’s Air Quality Mitigation fee and to recommend a mix of air quality mitigation strategies in addition to park and ride. Fehr and Peers recommendations are documented in the “Review of Park & Ride Program & Related Transportation Demand Management Strategies” Study completed in April 2025; and
The Study identifies targeted bicycle, pedestrian, transit, and mode shift strategies in addition to park and ride that are more flexible and attainable to the City. To implement reallocation of funds to the appropriate projects, the Study recommends renaming of the Park & Ride Exaction to the Capital Improvement Program Project, Multimodal Transportation Project, to best identify with the expanded use of Park & Ride Exactions. The Study further recommends continuing exactions as identified by environmental documents of development projects or through the City’s Traffic Impact Fees to mitigate air quality and satisfy transportation demand management; and
Public Works staff recommends approval of this Study, to rename the Park & Ride Exaction to the Multimodal Transportation Project, and approval to allow for the transfer of funds from the Park & Ride Proportionate Share Exactions from Community Development Department into the Public Works Department; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the “Review of Park & Ride Program & Related Transportation Demand Management Strategies” Study, a copy of which is attached here to and marked as Exhibit 1.
2. The City Council approves the renaming of the Park & Ride Extraction to the Capital Improvement Program Project, Multimodal Transportation Project, Project No.
WT25050.
3. The City Council approves continued exactions of traffic impact fees into the Multimodal Transportation Project, Project No. WT25050.
4. The City Council authorizes the transfer of past air quality fee exaction funds to the Multimodal Transportation Project, Project No. WT25050, as follows:
873
a) Transfer of funds in the amount of $730,159.41 from the Proportionate Share/Park & Ride Hammer Lane/SR-99, Project No. DP21063. b) Transfer of funds in the amount of $1,883,783.79 from the Proportionate Share/Park & Ride Eight Mile Road/I-5, Project No.
DP21064.
c) Transfer of funds in the amount of $1,099,533.18 from the Park & Ride March Lane/SR-99, Project No. DP21038.
d) Transfer of funds in the amount of $211,145.22 from the Temporary Park & Ride Lot Cannery Park Eight Mile Road/SR-99, Project No.
DP21075.
e) Transfer of funds in the amount of $121,699.35 from the Park & Ride Calaveras River/Martin Luther King Boulevard, Project No. DP21078.
5. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED June 9, 2026 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
874
Development Exaction for Transportation Impacts
Review of Park & Ride Program &
Related Transportation Demand
Management Strategies
Prepared for:
City of Stockton
April 2025
WC21-2797
EXHIBIT 1
875
Table of Contents
Introduction................................................................................................................................... 1 Background & Relevant Plans ..................................................................................................... 2 Types of Park and Ride Lots ..................................................................................................................................................... 2 Funding ............................................................................................................................................................................................ 3 Lot Usage & Demand ................................................................................................................................................................. 3 Quantifying the Benefits of TDM Strategies .............................................................................. 5 Recommendations ........................................................................................................................ 7 Evaluation Criteria......................................................................................................................... 9 Next Steps .....................................................................................................................................................................................12 Appendices
Attachment A: CAPCOA VMT Reduction Strategies
List of Tables
Table 1: Park & Ride Lot Usage Data, 2005-2016 ................................................................................................................... 4 Table 2: Select VMT Mitigation Strategies ................................................................................................................................. 7 Table 3: Evaluation Criteria ............................................................................................................................................................ 10 Table 4: Project Scoring Results ................................................................................................................................................... 11 EXHIBIT 1
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1 Introduction
The City of Stockton has collected proportionate share funds with the intent of planning and constructing park and ride lots over many years, as a strategy to offset development-related impacts on air quality and the transportation system. While the construction of park and ride lots was once a common mitigation strategy for such impacts, current research on best practices indicate that other, comparable strategies may better encourage mode shift away from singleoccupancy vehicles, reduce vehicle miles travelled, and reduce greenhouse gas emissions generated by new development. In addition, travel demand management (TDM) strategies other than park and ride may be more in line with current City mobility and sustainability goals.
As such, the City has expressed interest in reviewing the efficacy of park and ride lots, and whether these funds could be applied to strategies and projects that would better meet transportation and air quality goals. Per conversation with the City Attorney’s office, supportive evidence to justify the need and benefit of this change can assist in determining whether funds should be reallocated to other project purposes. This document provides an overview of the current state of park and ride lots in the Stockton area and summarizes research on additional TDM strategies, with the intent of providing guidance on how collected funds could be applied and leveraged for greater benefit.
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2 Background & Relevant Plans
Senate Bill 743, passed in 2013, updates the way transportation impacts are measured in California for new development projects. SB 743 required the California Governor’s Office of Planning and Research (OPR) to develop new guidelines for specific metrics under the California Environmental Quality Act (CEQA). In 2018, OPR published the Technical Advisory on Evaluating Transportation Impacts in CEQA which includes guidance on implementing SB 743. Under this guidance, Vehicle Miles Traveled (VMT) is now the primary metric used to identify transportation impacts. This has resulted in a renewed focus on quantifiable strategies to mitigate project impacts, to attain a more appropriate balance between the need for congestion management with statewide goals related to promotion of public health through active transportation and reduction of greenhouse gas emissions.
On-road vehicle travel generated by each proposed residential project within the City of Stockton results in Ozone Precursor Emissions. Each project pays an Air Quality mitigation fee as partial mitigation for the air quality impacts of ozone precursor emission. Historically, this fee has been intended for the construction of Park and Ride lots.
Park and Ride lots are publicly accessible locations for users to transfer from a single-occupancy vehicle to a carpool, vanpool, or transit service. As a TDM strategy, park and ride is generally considered a supportive strategy to encourage mode shift and reduce the associated vehicle miles travelled and greenhouse gas emissions, in conjunction with the provision of additional transportation services and bicycle/pedestrian facilities.
Types of Park and Ride Lots
Park and Ride lots were constructed to primarily satisfy strategies and goals of the Travel Demand Model. Three primary lot types are supplied in San Joaquin County. The first are capitol lots, which are constructed and maintained as dedicated park and ride facilities. Capitol lots within the region are commonly constructed near major freeway interchanges, the most recent of which is located at Mariposa Road near SR-99. Caltrans is often a partner in the construction of these lots.
Lease lots are the more common form of park and ride within the region, in which a share of a lot with excess vacancy is leased from the lot owner. Churches and large shopping centers, which frequently have excess parking during the work week, are common participants. Within Stockton, lots that have been leased or had a share of spaces set aside as a condition of development include Calvary First Church on Kelley Drive, Lifesong Church on Michigan Avenue, and the Hammer Crossings Shopping Center off Hammer Lane and Sampson Road. All three of these locations are currently served by San Joaquin Regional Transit District (RTD) commuter bus routes.
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3 Developer lots are those in which a number of spaces have been set aside as part of a condition of development, typically at large commercial developments. These locations vary in whether they provide signage, striping, or other indicators of which spaces are dedicated as park and ride. The Morada Ranch Shopping Center is one example which has signed and dedicated park and ride spaces, including electric vehicle charging, but is not currently served by transit.
Funding
The funding and construction of park and ride lots in the area has historically been guided by the San Joaquin Council of Government’s Park and Ride Lot Master Plan, which was last updated in 2007. The plan is intended to provide guidance for the share of Measure K funding eligible for park and ride, under the Passenger Rail, Bus, and Bicycle/Pedestrian Improvements category.
Within the City’s 2040 General Plan, Action TR-3.2D speaks to this plan:
“Continue to coordinate with the San Joaquin Council of Governments to increase opportunities for additional park and ride facilities, consistent with the San Joaquin County Regional Park and Ride Lot Master Plan.”
Within the City of Stockton, as identified in the environmental documentation of large development projects such as residential communities, funding for local park and ride lots has been collected for many years as proportionate share of funds, to offset the transportation network and associated air quality impacts of these projects. These exactions were made on a subregional basis, in specific geographic regions of the city where growth was concentrated. A set dollar amount was collected per residential unit of development. These regions were generally located on the outer corners of the city, in anticipation of the need to improve transportation options as development occurred. Research of records revealed that these exactions were collected as part of the conditions of approval for the project to mitigate air quality impacts. At that time Council Resolution specifically for the Park and Ride exaction was not required since the environmental documentation was certified through Council action and conditions of approval was approved by Planning Commission.
Drawing from the intended of use for these funds in addressing environmental impacts, funds collected for Park and Ride may also be used for other projects co-benefitting from the same strategy to offset development-related impacts on air quality and the transportation system.
Lot Usage & Demand
SJCOG has historically conducted a lot usage survey every two years, which indicates the relative need or demand for spaces at each lot. Data from 2005 to 2016 is publicly available, and shown in Table 1. Historic usage surveys have generally shown that existing supply is sufficient to meet demand, with occupancy rates highest at those lots with RTD Commuter Bus service, such as Calvary Church and Lifesong Church.
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4 Recent survey data is not available due to the suspension of usage surveys during Covid-19, which significantly impacted local commute travel and led to the temporary reduction of commuter bus service by RTD. Anecdotal evidence and observations by staff indicate that lot usage has substantially decreased over the last two years, in parallel with reductions in travel and transit ridership. To date, ridership has not recovered to pre-pandemic levels, which parallels an overall shift in mode choice and an increase in flexible work arrangements.
Table 1: Park & Ride Lot Usage Data, 2005-2016
Lot Name Lot Type Spaces
Data Collection Year
2005 2007 2009 2012 2014 2016
Calvary Church*
(I-5/Kelley Drive) Lease 40 78% 158% 50% 23% 66% 93%
Marina Center
(I-5/Benjamin Holt
Drive) - discontinued
Lease 35 96% 142% 100% 35% 33% 84%
Morada Ranch*
(SR99/Morada Lane) Developer 35 n/a n/a New 49% 14% n/a Walmart
(SR99/Hammer Lane)
- discontinued
Developer 56 81% 20% 100% n/a n/a n/a
Lifesong Church*
(I-5/Michigan Avenue) Lease 45 60% 60% 50% 62% 66% 78%
Mariposa and SR-99* Capitol 101 n/a n/a n/a n/a n/a New Hammer Crossings*
(Hammer
Lane/Holman Road)
Lease No data available (RTD Commuter Bus location)
Source: SJCOG
* Lot currently promoted by SJCOG and/or SJRTD
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5 Quantifying the Benefits of TDM
Strategies
As discussed above, the collection of proportionate share fees for park and ride lots has been implemented as a transportation demand management (TDM) strategy to mitigate transportation and air quality impacts of projects. The California Air Pollution Control Officers Association (CAPCOA) produces research and best practice guidance on reducing greenhouse gas emissions and improving air quality through such TDM strategies. In 2022, an update to the CAPCOA Quantifying Greenhouse Gas Mitigation Measures (2010) was published, titled Handbook for Local Governments, Communities, and Project Developers for Assessing Greenhouse Gas Emissions Reductions, Climate Vulnerabilities, and Health and Equity1 – commonly referred to as the CAPCOA Handbook.
The CAPCOA Handbook is a key reference document for developing VMT and emissions reduction measures based on quantifiable evidence. These measures aim to reduce emissions by reducing Vehicle Miles Traveled (VMT), through encouraging mode shift from single-occupancy vehicles to shared (e.g., transit) or active modes of transportation (e.g., bicycle). Per the Handbook, coordinating trip reduction or incentive programs; optimizing the land use of the project study area; enhancing road, bike and pedestrian networks; implementing parking policies; or improving transit systems are all methods through which this can be accomplished. Quantified Green House Gas (GHG) reduction measures in the transportation category are shown in Figure 1, along with information about the appropriate context and scale for strategy application and potential VMT reduction2. Further descriptions of each strategy are provided in Attachment A.
Park and ride lots are identified as a “supporting or non-quantified GHG reduction measure” in the Handbook. These measures are those that may provide co-benefits to the primary strategies identified in the Handbook and shown in Figure 1. In the previous CAPCOA guidance, park and ride lots are determined to be most effective when they are co-located with transit stops or near High Occupancy Vehicle (HOV) lanes, with only minimal benefits as a standalone strategy.
As noted, strategies are also identified by the appropriate context: rural or urban/suburban, and as a community-scale or project-level improvement. Park and ride is appropriate within suburban communities, and as a community-scale improvement, rather than at the individual project level.
This is consistent with how the City has previously collected funds, in aggregate, as a mitigation measure across multiple projects with identified transportation impacts. 1 https://www.caleemod.com/handbook/full_handbook.html
2 VMT reduction potential is specific to an affected population and may only apply to select types of VMT such as commute trips.
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6 Figure 1 – CAPCOA Handbook VMT Reduction Strategies Summary EXHIBIT 1
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7 Recommendations
The research above indicates several ways in which park and ride funds could be repurposed to meet City adopted goals for transportation and air quality.
Consider reallocating funds to TDM strategies with more substantial evidence of benefits.
As the City looks to expand its options for mitigating VMT and greenhouse gas emissions beyond park and ride lots, the CAPCOA Handbook provides a variety of strategies to consider that may offer greater efficacy in meeting City goals. Table 2 provides a list of targeted strategies, supported by quantifiable evidence, that are applicable at the community scale. Additional strategies not included in the Handbook may also be considered, provided that they are supported with sufficient evidence to quantify their effectiveness. One example would be investments and policies to support telecommuting, which has shown the potential to reduce VMT under specific circumstances3.
Table 2: Select VMT Mitigation Strategies
Strategy Name Efficacy Context
T-22-B Implement Electric Bikeshare Program 0.06% Community T-21-B Electric Carshare Program 0.18% Community
T-19-B Construct/Improve Bike Boulevard 0.2% Community
T-20 Expand Bikeway Network 0.5% Community
T-27 Transit Supportive Roadway Treatments 0.6% Community T-19-A Construct/Improve Bike Facility 0.8% Community
T-18 Improve Pedestrian Network 6.4% Community
T-17 Improve Street Connectivity1 30% Community
Source: CAPCOA Handbook, 2021.
1 Applies only to projects that increase intersection density by building a new street network within a subdivision, or the retrofitting of an existing street network (e.g., converting cul-de-sacs or dead-end streets to grid streets).
Due to the regional structure of the Park and Ride program, improvements under the above categories may need to be applied to benefit the general geographic area in which exactions were collected.
Strategically invest in lease lots over capitol lots, if need is identified.
While recent year data is not available, trends indicate a declining demand for park and ride spaces.
Should the need for additional lots be identified in the future (through coordination with SJCOG), implementing lease lots rather than capitol lots will provide a more nimble and cost-effective approach.
As stated earlier in this memo, lots are more likely to be effective when implemented in close coordination 3 https://www.fehrandpeers.com/telework-and-vmt/
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8 with other transportation amenities like high quality transit service, vanpool and ridesharing services, or HOV or high-occupancy toll (HOT) lanes. Leasing available parking spaces for this purpose, rather than constructing new dedicated lots, creates the opportunity for park and ride to be situated where people already travel or are already served by transit, and provides a more cost-effective approach, as dedicating funds to construction and land acquisition costs is not necessary. It also allows for the easy relocation of lots without the loss of funds invested as travel patterns shift and development in new areas of the city occurs.
Use existing funds as leverage for matching requirements on grant applications.
Many local, state, and federal grant funding sources are available to support the types of community scale improvements identified in Table 2, above, and included in multiple adopted City planning documents. As grant funding sources often require a local match, the park and ride funds could be leveraged to secure funding for grants that would larger support network-scale improvements.
The City may initiate process to allow for the flexibility to transfer funds between projects within Public Works and the Budget Office to maximize efficient use of the Park and Ride funds, as well as consider renaming the program to better reflect this intent to address development-related impacts on air quality and the transportation system. Example titles to consider could include:
• City of Stockton - Active Transportation Enhancement Projects • Bikes – Pedestrian – Park and Ride Projects
• Multimodal Transportation Project Funds
• Alternate Modes of Transportation Projects
After careful consideration of the above titles, it was decided that Multimodal Transportation Project would best identify this exaction. Since funds are primarily collected to address air quality impacts as disclosed in the environmental documentation of development projects, future exactions should continue as new development occurs.
The Multimodal Transportation Project is administered by the Department of Public Works, therefore projects pertinent to the strategies identified in Table 2 mainly focus on roadway, pedestrian, bicycle, and street connectivity improvements.
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9 Evaluation Criteria
This section presents the results of the application of a set of evaluation criteria to a series of projects, along with recommendations for next steps and the future application of funds to support multimodal mobility projects within the City of Stockton.
The evaluation process was established with four categories of evaluation criteria (Table 3) and reviewed by City staff for applicability to the proposed reuse of Park & Ride funds. These criteria include:
• Air Quality: does the project have proven and quantifiable air quality benefits, as described in the CAPCOA Handbook or other defensible research?
• Connectivity and Mode Shift: does the project encourage mode shift by providing connected, high-quality active transportation facilities?
• Leveraging Funds: can the funds support project delivery or maximize funding available to the City?
• Geographic Location in City: does the project directly benefit one of the original fund collection quadrants; or, does the project focus benefits in an underserved neighborhood? Following the establishment of these criteria, Public Works staff identified nine projects for a pilot evaluation. All projects are captured in the City’s 2022-2027 Capital Improvement Program (CIP), have received some amount of grant funding, and are in the current design or construction pipeline. Each project was given a rating of Not Applicable, Good, Better, or Best, for how well it met each scoring criteria, with a corresponding value of 0-3 points based on the ranking, for a maximum of 12 points. The results of this process are shown in Table 4.
To ensure project funds are used appropriately to the intent, it is recommended that a minimum eligibility score of 7 points be required. Based on the above results, 6 of the 9 candidate projects would be eligible for use of the funds.
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10 Table 3: Evaluation Criteria
Mode Shift and Connectivity Air Quality Funding Geographic Location
Bicycle Pedestrian
Good
Project installs a
local
neighborhoodserving facility
(such as a bicycle
boulevard).
Project closes
critical gaps in
existing sidewalk
network.
Project
components are
identified as
supporting or
non-quantified
GHG reduction
measures in the
CAPCOA
Handbook*.
Project has
identified
programs to apply
to for funding (21-
50% of overall
project cost).
Project directly
connects to or
serves one of the 4
collection areas.
Better
Project is
identified as a
priority in Bicycle
Master Plan or
Greater Downtown
Active
Transportation
Plan.
Project adds
additional
uncontrolled
crossing
improvements per
FHWA guidance.
Project includes
strategies from the
CAPCOA
Handbook* that
reduce GHG
emissions by up to
1%.
Project is currently
applying or has
applied for
funding. Funds can
be used for
matching (10-20%
of overall project
cost).
Project is located
within and serves a
disadvantaged
community.
Best
Project meets all
ages/abilities
criteria from
FHWA facility
selection
guidance.
Project installs a
new controlled
crossing that
reduces the
distance between
crossings to 600
feet or less.
Project includes
strategies from the
CAPCOA
Handbook* that
reduce GHG
emissions by
greater than 1%.
Project has been
awarded funds
but a shortfall to
project
completion. Funds
would allow for
project completion
using existing
money (less than
10% of total cost).
Project directly
connects to or
serves one of the 4
collection areas
AND is within or
serves a
disadvantaged
community (90th
percentile or
above CES 4.0)
Disqualifiers
Project does not
improve hazardous
conditions for
people
walking, biking, or
using transit.
Project would
increase roadway
capacity.
Project has no
funding strategy,
and/or funds
would constitute
more than 50% of
overall project cost.
Project is outside of
fund collection
area and does not
serve a
disadvantaged
community.
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Table 4: Project Scoring Results
CIP Number Name Description Mode Shift Air Quality Funding Geographic Location Total ScoreWT23040 Hammer Lane Traffic Safety Add edge line, lane striping, pavement markings, speed feedback signs and pedestrianscale lighting, install reflective signal backplates, and convert the existing Class II bike lanes to 7-ft protected bike lanes.
Best Better Best* Good 9
Channel Street Improvements - Grandview Village
Install landscaping, sidewalks, bicycle lanes, curb and gutter, ADA curb ramps, and bulb outs on Channel Street, Hunter Street, and San Joaquin Street surrounding the Grandview Village Housing project Better Better Best Better 9
S. Stockton Pedestrian HAWK Improvement
Install 8 HAWK pedestrian hybrid signals and other crossing improvements and intersection lighting to improve the safety of pedestrian travel in the south Stockton area. Best Good Good Best 8 WT22050 Downtown East-West Connection
Construct bicycle facilities and pedestrian improvements including 6 miles of bicycle facilities to improve bicycle and pedestrian safety on City streets. Safety elements such as bike lanes, flashing beacons, sidewalks, high visibility crosswalks, and speed cushions will be implemented.
Best Better Good Better 8
WT19013 Safe Routes to School - Sidewalk Gap Closure Install sidewalks and ADA compliance ramps at various locations near schools. Good Better or Best Good* Best 8WT18011 Central Stockton Road Diet & Striping Connections Multiple bicycle facilities on Monte Diablo Ave./Acacia St., Madison St. and Fremont St. Best Better N/A Better 7WT22044 Enhanced Pedestrian Safety on Madison Street Install High-visibility crosswalks, pavement markings, ADA ramps, sight triangles and rapid-flashing beacons. Good Good Better* Better 6WT23041 Systemic Pedestrian Safety Enhancements Install a leading pedestrian interval, high visibility crosswalk, left-turn phasing, curb extensions, raised median, curb ramps, and left turn lanes at three intersections Good or N/A Good Best* NA 5WT22046 Pacific-Harding/Lincoln Left Turn Pockets Install left turn pockets with left turn phasing, upgrade signals, cabinet & appurtenances, install pedestrian countdown signal heads, and install High Friction Surface Treatment (HFST) through approaches. NA NA Good NA 1 Notes:
1. Funding was evaluated based on project cost estimates completed at the 30-50% PS&E level where available, with the exception of project WT22048 which is at 100% PS&E. 2. Projects denoted with an asterisk indicate current estimates were not available, and the original project cost as listed for the grant funding application was used to calculate funding shortfalls.
This report provides guidelines on how toscore future projects to they may fall intothis category of priority. The projects thatare done will naturally be removed andnew ones placed in. 11 EXHIBIT 1
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WT22048
887
12 Next Steps
As discussed in the above, there are several opportunities for the City to rethink the Park & Ride program to more directly align with current mobility needs and best practices in reducing vehicle miles travelled.
• Initiate the process to allow for the flexibility to transfer funds between projects within Public Work and the Budget Office. As collected exactions currently reside in Community Development, Council action may be required to transfer these funds to Public Works. • Rename the program to the Multimodal Transportation Project Fund to better reflect its intent to address development-related impacts on air quality and the transportation system.
• Prioritize the use of existing funds on those projects which best meet the proposed eligibility and scoring criteria, and those with time-sensitive funding considerations (such as the potential loss of awarded grant funds).
• Continue to monitor best practices in addressing the impacts of development on air quality, vehicle miles travelled, mobility, and transportation safety, and update scoring criteria as necessary to reflect best practices.
• The City currently collects $375 per residential unit for development. Continue future exactions as new development occurs, and consider reevaluating the necessary exaction amount as part of any future changes to fee structures.
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1 Attachment A:
CAPCOA VMT Reduction Strategies
The following strategies, as identified in the CAPCOA Handbook, have sufficient supporting evidence to quantify potential VMT reduction from their implementation.
T-1: Increase Residential Density
This measure accounts for the VMT reduction achieved by a project that is designed with a higher density of dwelling units (du) compared to the average residential density in the U.S. Increased densities affect the distance people travel and provide greater options for the mode of travel they choose. Increasing residential density results in shorter and fewer trips by single-occupancy vehicles and thus a reduction in GHG emissions. This measure is best quantified when applied to larger developments and developments where the density is somewhat similar to the surrounding area due to the underlying research being founded in data from the neighborhood level.
T-2: Increase Job Density
This measure accounts for the VMT reduction achieved by a project that is designed with a higher density of jobs compared to the average job density in the U.S. Increased densities affect the distance people travel and provide greater options for the mode of travel they choose. Increasing job density results in shorter and fewer trips by single-occupancy vehicles and thus a reduction in GHG emissions.
T-3: Provide Transit-Oriented Development
This measure would reduce project VMT in the study area relative to the same project sited in a nontransit-oriented development (TOD) location. TOD refers to projects built in compact, walkable areas that have easy access to public transit, ideally in a location with a mix of uses, including housing, retail offices, and community facilities. Project site residents, employees, and visitors would have easy access to highquality public transit, thereby encouraging transit ridership and reducing the number of single occupancy vehicle trips and associated GHG emissions.
T-4: Integrate Affordable and Below Market Rate Housing This measure requires below market rate (BMR) housing. BMR housing provides greater opportunity for lower income families to live closer to job centers and achieve a jobs/housing match near transit. It is also an important strategy to address the limited availability of affordable housing that might force residents to live far away from jobs or school, requiring longer commutes. The quantification method for this measure accounts for VMT reductions achieved for multifamily residential projects that are deed restricted or otherwise permanently dedicated as affordable housing.
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2 T-5: Implement Commute Trip Reduction Program (Voluntary) This measure will implement a voluntary commute trip reduction (CTR) program with employers. CTR programs discourage single occupancy vehicle trips and encourage alternative modes of transportation such as carpooling, taking transit, walking, and biking, thereby reducing VMT and GHG emissions.
T-6: Implement Commute Trip Reduction Program (Mandatory Implementation and Monitoring)
This measure will implement a mandatory CTR program with employers. CTR programs discourage singleoccupancy vehicle trips and encourage alternative modes of transportation such as carpooling, taking transit, walking, and biking, thereby reducing VMT and GHG emissions.
T-7: Implement Commute Trip Reduction Marketing
This measure will implement a marketing strategy to promote the project site employer’s CTR program.
Information sharing and marketing promote and educate employees about their travel choices to the employment location beyond driving such as carpooling, taking transit, walking, and biking, thereby reducing VMT and GHG emissions.
T-8: Provide Ridesharing Program
This measure will implement a ridesharing program and establish a permanent transportation management association with funding requirements for employers. Ridesharing encourages carpooled vehicle trips in place of single-occupied vehicle trips, thereby reducing the number of trips, VMT, and GHG emissions.
T-9: Implement Subsidized or Discounted Transit Program This measure will provide subsidized or discounted, or free transit passes for employees and/or residents.
Reducing the out-of-pocket cost for choosing transit improves the competitiveness of transit against driving, increasing the total number of transit trips and decreasing vehicle trips. This decrease in vehicle trips results in reduced VMT and thus a reduction in GHG emissions.
T-10: Provide End-of-Trip Bicycle Facilities
This measure will install and maintain end-of-trip facilities for employee use. End-of-trip facilities include bike parking, bike lockers, showers, and personal lockers. The provision and maintenance of secure bike parking and related facilities encourages commuting by bicycle, thereby reducing VMT and GHG emissions.
T-11: Provide Employer-Sponsored Vanpool
This measure will implement an employer-sponsored vanpool service. Vanpooling is a flexible form of public transportation that provides groups of 5 to 15 people with a cost-effective and convenient rideshare option for commuting. The mode shift from long-distance, single-occupied vehicles to shared vehicles reduces overall commute VMT, thereby reducing GHG emissions.
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3 T-12: Price Workplace Parking
This measure will price onsite parking at workplaces. Because free employee parking is a common benefit, charging employees to park onsite increases the cost of choosing to drive to work. This is expected to reduce single-occupancy vehicle commute trips, resulting in decreased VMT, thereby reducing associated GHG emissions.
T-13: Implement Employee Parking Cash-Out
This measure will require project employers to offer employee parking cash-out. Cash-out is when employers provide employees with a choice of forgoing their current subsidized/free parking for a cash payment equivalent to or greater than the cost of the parking space. This encourages employees to use other modes of travel instead of single occupancy vehicles. This mode shift results in people driving less and thereby reduces VMT and GHG emissions.
T-14: Provide Electric Vehicle Charging Infrastructure
Install onsite electric vehicle chargers in an amount beyond what is required by the 2019 California Green Building Standards (CALGreen) at buildings with designated parking areas (e.g., commercial, educational, retail, multifamily). This will enable drivers of PHEVs to drive a larger share of miles in electric mode (eVMT), as opposed to gasoline-powered mode, thereby displacing GHG emissions from gasoline consumption with a lesser amount of indirect emissions from electricity. Most PHEVs owners charge their vehicles at home overnight. When making trips during the day, the vehicle will switch to gasoline mode if/when it reaches its maximum all-electric range.
T-15: Limit Residential Parking Supply
This measure will reduce the total parking supply available at a residential project or site. Limiting the amount of parking available creates scarcity and adds additional time and inconvenience to trips made by private auto, thus disincentivizing driving as a mode of travel. Reducing the convenience of driving results in a shift to other modes and decreased VMT and thus a reduction in GHG emissions. Evidence of the effects of reduced parking supply is strongest for residential developments.
T-16: Unbundle Residential Parking Costs from Property Cost This measure will unbundle, or separate, a residential project’s parking costs from property costs, requiring those who wish to purchase parking spaces to do so at an additional cost. On the assumption that parking costs are passed through to the vehicle owners/drivers utilizing the parking spaces, this measure results in decreased vehicle ownership and, therefore, a reduction in VMT and GHG emissions.
Unbundling may not be available to all residential developments, depending on funding sources.
T-17: Improve Street Connectivity
This measure accounts for the VMT reduction achieved by a project that is designed with a higher density of vehicle intersections compared to the average intersection density in the U.S. Increased vehicle intersection density is a proxy for street connectivity improvements, which help to facilitate a greater number of shorter trips and thus a reduction in GHG emissions.
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4 T-18: Provide Pedestrian Network Improvement
This measure will increase the sidewalk coverage to improve pedestrian access. Providing sidewalks and an enhanced pedestrian network encourages people to walk instead of drive. This mode shift results in a reduction in VMT and GHG emissions.
T-19-A: Construct or Improve Bike Facility
This measure will construct or improve a single bicycle lane facility (only Class I, II, or IV) that connects to a larger existing bikeway network. Providing bicycle infrastructure helps to improve biking conditions within an area. This encourages a mode shift on the roadway parallel to the bicycle facility from vehicles to bicycles, displacing VMT and thus reducing GHG emissions. When constructing or improving a bicycle facility, a best practice is to consider local or state bike lane width standards. A variation of this measure is provided as T-19-B, Construct or Improve Bike Boulevard.
T-19-B: Construct or Improve Bike Boulevard
Construct or improve a single bicycle boulevard that connects to a larger existing bikeway network.
Bicycle boulevards are a designation within Class III Bikeway that create safe, low-stress connections for people biking and walking on streets. This encourages a mode shift from vehicles to bicycles, displacing VMT and thus reducing GHG emissions. A variation of this measure is provided as T-19-A, Construct or Improve Bike Facility, which is for Class I, II, or IV bicycle infrastructure.
T-20: Expand Bikeway Network
This measure will increase the length of a city or community bikeway network. A bicycle network is an interconnected system of bike lanes, bike paths, bike routes, and cycle tracks. Providing bicycle infrastructure with markings and signage on appropriately sized roads with vehicle traffic traveling at safe speeds helps to improve biking conditions (e.g., safety and convenience). In addition, expanded bikeway networks can increase access to and from transit hubs, thereby expanding the “catchment area” of the transit stop or station and increasing ridership. This encourages a mode shift from vehicles to bicycles, displacing VMT and thus reducing GHG emissions. When expanding a bicycle network, a best practice is to consider bike lane width standards from local agencies, state agencies, or the National Association of City Transportation Officials’ Urban Bikeway Design Guide.
T-21-A: Implement Conventional Carshare Program
This measure will increase carshare access in the user’s community by deploying conventional carshare vehicles. Carsharing offers people convenient access to a vehicle for personal or commuting purposes.
This helps encourage transportation alternatives and reduces vehicle ownership, thereby avoiding VMT and associated GHG emissions. A variation of this measure, electric carsharing, is described in Measure T21-B, Implement Electric Carshare Program.
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5 T-21-B: Implement Electric Carshare Program
This measure will increase carshare access in the user’s community by deploying electric carshare vehicles.
Carsharing offers people convenient access to a vehicle for personal or commuting purposes. This helps encourage transportation alternatives and reduces vehicle ownership, thereby avoiding VMT and associated GHG emissions. This also encourages a mode shift from internal combustion engine vehicles to electric vehicles, displacing the emissions-intensive fossil fuel energy with less emissions-intensive electricity. Electric carshare vehicles require more staffing support compared to conventional carshare programs for shuttling electric vehicles to and from charging points. A variation of this measure, conventional carsharing, is described in Measure T-21-A, Implement Conventional Carshare Program.
T-22-A: Implement Pedal (Non-Electric) Bikeshare Program This measure will establish a bikeshare program. Bikeshare programs provide users with on-demand access to bikes for short term rentals. This encourages a mode shift from vehicles to bicycles, displacing VMT and thus reducing GHG emissions. Variations of this measure are described in Measure T-22-B, Implement Electric Bikeshare Program, and Measure T-22-C, Implement Scootershare Program.
T-22-B: Implement Electric Bikeshare Program
This measure will establish an electric bikeshare program. Electric bikeshare programs provide users with on-demand access to electric pedal assist bikes for short-term rentals. This encourages a mode shift from vehicles to electric bicycles, displacing VMT and reducing GHG emissions. Variations of this measure are described in Measure T-22-A, Implement Pedal (Non-Electric) Bikeshare Program, and Measure T-22-C, Implement Scootershare Program.
T-22-C: Implement Scootershare Program
This measure will establish a scootershare program. Scootershare programs provide users with ondemand access to electric scooters for short-term rentals. This encourages a mode shift from vehicles to scooters, displacing VMT and thus reducing GHG emissions. Variations of this measure are described in Measure T-22-A, Implement Pedal (Non-Electric) Bikeshare Program, and Measure T-22-B, Implement Electric Bikeshare Program.
T-23: Provide Community-Based Travel Planning
This measure will target residences in the plan/community with community-based travel planning (CBTP).
CBTP is a residential based approach to outreach that provides households with customized information, incentives, and support to encourage the use of transportation alternatives in place of single occupancy vehicles, thereby reducing household VMT and associated GHG emissions.
T-24: Implement Market Price Public Parking (On-Street) This measure will price all on-street parking in a given community, with a focus on parking near central business districts, employment centers, and retail centers. Increasing the cost of parking increases the EXHIBIT 1
893
6 total cost of driving to a location, incentivizing shifts to other modes and thus decreasing total VMT to and from the priced areas. This VMT reduction results in a corresponding reduction in GHG emissions.
T-25: Extend Transit Network Coverage or Hours
This measure will expand the local transit network by either adding or modifying existing transit service or extending the operation hours to enhance the service near the project site. Starting services earlier in the morning and/or extending services to late-night hours can accommodate the commuting times of alternative-shift workers. This will encourage the use of transit and therefore reduce VMT and associated GHG emissions.
T-26: Increase Transit Service Frequency
This measure will increase transit frequency on one or more transit lines serving the plan/community.
Increased transit frequency reduces waiting and overall travel times, which improves the user experience and increases the attractiveness of transit service. This results in a mode shift from single occupancy vehicles to transit, which reduces VMT and associated GHG emissions.
T-27: Implement Transit-Supportive Roadway Treatments
This measure will implement transit-supportive treatments on the transit routes serving the plan/community. Transit-supportive treatments incorporate a mix of roadway infrastructure improvements and/or traffic signal modifications to improve transit travel times and reliability. This results in a mode shift from single occupancy vehicles to transit, which reduces VMT and the associated GHG emissions.
T-28: Provide Bus Rapid Transit
This measure will convert an existing bus route to a bus rapid transit (BRT) system. BRT includes the following additional components, compared to traditional bus service: exclusive right-of-way (e.g., busways, queue jumping lanes) at congested intersections, increased limited-stop service (e.g., express service), intelligent transportation technology (e.g., transit signal priority, automatic vehicle location systems), advanced technology vehicles (e.g., articulated buses, low-floor buses), enhanced station design, efficient fare-payment smart cards or smartphone apps, branding of the system, and use of vehicle guidance systems. BRT can increase the transit mode share in a community due to improved travel times, service frequencies, and the unique components of the BRT system. This mode shift reduces VMT and the associated GHG emissions.
T-29: Reduce Transit Fares
This measure will reduce transit fares on the transit lines serving the plan/community. A reduction in transit fares creates incentives to shift travel to transit from single-occupancy vehicles and other traveling modes, which reduces VMT and associated GHG emissions. This measure differs from Measure T-8, Implement Subsidized or Discounted Transit Program, which can be offered through employer-based benefits programs in which the employer fully or partially pays the employee’s cost of transit.
EXHIBIT 1
894
City of Stockton
Legislation Text
File #: 26-0451, Version: 1
APPROVE MOTION TO AUTHORIZE PROFESSIONAL SERVICES CONTRACT AMENDMENT NO. 7 FOR THE ANIMAL SHELTER RENOVATION PROJECT (SINGLE DISTRICT - DISTRICT 6)
RECOMMENDATION
It is recommended that the City Council approve a motion to authorize the City Manager to execute Professional Services Contract Amendment No. 7 in the amount of $200,000 with Studio Miers Chou Poon for additional design support services during construction for the Animal Shelter Renovation, Project No. P023001.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
On May 24, 2022, by Resolution No. 2022-05-24-1504, Council authorized the award of a Professional Services Contract in the amount of $712,809 to Studio Miers Chou Poon (formerly Swatt Miers Architects) of Emeryville, CA, for professional design services of the Animal Shelter Renovation, Project No. P023001. The project will add a cattery, medical facilities, staff offices, restrooms, animal isolation and rehabilitation areas, and conference room space. In addition, the existing Animal Shelter building will receive upgrades, and existing modular buildings will be repurposed.
The contractor, architect, and construction management staff all collaborate to resolve construction issues. However, many changes require the architect to respond with information and/or provide alternate design details during construction. To date, six Professional Services Contract Amendments totaling $165,935 have been approved with Studio Miers Chou Poon. The project construction is approximately 60 percent complete and additional services are required from Studio Miers Chou Poon to complete and closeout the project.
Professional Services Contract Amendment No. 7, in the amount of $200,000, requires Council authorization as the cumulative amount of Professional Services Contract Amendments Nos. 1 through 6 exceed the administrative change order authority available.
It is recommended that Council approve a motion authorizing the City Manager to execute Professional Services Contract Amendment No. 7 in the amount of $200,000 with Studio Miers Chou Poon for additional design support services during construction for the Animal Shelter Renovation, Project No. P023001.
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DISCUSSION
Background
The Animal Shelter facility is located at 1575 South Lincoln Street in Stockton, CA (Attachment A).
The facility currently operates with 18 full-time employees and 30 contract and volunteer workers.
The Animal Shelter provides medical treatment for up to 10,000 animals annually including spay/neuter, emergency, and dental care.
The Animal Shelter Renovation project includes updating the existing facility and construction of a new building to improve overall functionality and operations. The project will add a cattery, medical facilities, staff offices, restrooms, animal isolation and rehabilitation areas, and conference room space. Updates to the existing Animal Shelter will include the addition of a new façade, network upgrades, backup generator, uninterrupted power supply, a new industrial freezer, and repurposing existing modular buildings on site.
On May 24, 2022, by Resolution No. 2022-05-24-1504, Council awarded a Professional Services Contract in the amount of $712,809 to Studio Miers Chou Poon (formerly Swatt Miers Architects) of Emeryville, CA, to prepare the plans, specifications, and estimates for the construction of the Animal Shelter Renovation, Project No. P023001.
Architects play an integral role in providing design support during construction. The contractor, architect, and construction management staff all collaborate to resolve construction issues. However, many changes require the architect to respond with information and/or provide alternate design details during construction. Depending on the size and complexity of the project, changes and field conditions can require consistent attention until the project is complete. Studio Miers Chou Poon allotted just over one percent of their original fee for construction support. Projects over $10,000,000, like the Animal Shelter Renovation project, commonly require at least three percent for construction support. The Animal Shelter Renovation project recently experienced delays due to long lead time material availability and unforeseen utility conflicts. These delays and other coordination issues required additional design details and support from the architect.
To date, six Professional Services Contract Amendments totaling $165,935 have been approved with Studio Miers Chou Poon. The project construction is approximately 60 percent complete and additional services are required from Studio Miers Chou Poon to complete and closeout the project.
Present Situation
Professional Services Contract Amendments Nos. 1 through 6 with Studio Miers Chou Poon were previously approved for various changes needed during the design and construction phases.
Amendments 1 through 6 included additional services for ballistic glass and public counter changes; play yard design including covered structure, sewer and drainage modifications; electrical service and foundation revisions; and addition coordination during construction.
Studio Miers Chou Poon has submitted Amendment No. 7 in the amount of $200,000 to provide continuing architectural support and direction to the contractor with design modifications resulting from ongoing field changes. It is recommended that Council approve a motion to authorize Amendment No. 7 in the amount of $200,000 with Studio Miers Chou Poon for design support during City of Stockton Page 2 of 3 Printed on 6/5/2026
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File #: 26-0451, Version: 1
construction for the Animal Shelter Renovation, Project No. P023001 (Attachment B). The additional services will enable the architect to provide continued support through completion and closeout of the project. To date, 6 amendments totaling $165,935 have been approved with Studio Miers Chou Poon.
With approval of Professional Services Contract Amendment No. 7, the revised contract amount will Studio Miers Chou Poon will be increased to $1,078,744. It is anticipated that the design will be completed in October 2026.
FINANCIAL SUMMARY
There is sufficient funding in the Animal Shelter Renovation, Project No. P023001, to approve Professional Services Contract Amendment No. 7 with Studio Miers Chou Poon in the amount of $200,000.
Attachment A - Vicinity Map
Attachment B - Professional Services Contract Amendment No. 7 with Studio Miers Chou Poon City of Stockton Page 3 of 3 Printed on 6/5/2026
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VICINITY MAP
NOT TO SCALE
c:]CITYLIMIT
c:J COUNTY LIMIT
LEGEND
ANIMAL SHELTER RENOVATION, PROJECT NO. P023001
$ .EET
CITY OF STOCKTON
DEPARTMENT OF PUBLIC WORKS
@ PROJECT LOCATION
ATTACHMENT A
898
ATTACHMENT B
899
STUDIO MIERS | CHOU | POON
ADDITIONAL SERVICES REQUEST FORM
Date: April 08, 2026
Project: Stockton Animal Services Facility Additional Services #10 The following is an agreement between Studio Miers | Chou | Poon Architects and the City of Stockton for authorization of additional services. The proposed basis of adjustment will be adjusted to the Contract as follows:
Client: City of Stockton
Project Manager – Travis Pazin
Signed: ___________________________________________ Date: ______________________ 5845 DOYLE STREET, SUITE 106 EMERYVILLE, CA 94608 TEL 510.285.6000 Project scope/services: Construction Administration Services to be increased by $200,000.
The original contract for this project, dated July 7, 2022, anticipated a completion no later than 8/31.2025, which is when the contract expires. This additional fee request will cover architectural services due largely to the extended Construction Administration time requirements and owner-initiated plan changes for the project, which are outlined in correspondence from George Miers, Principal of Studio MCP, to Travis Pazin dated March 23, 2026 and March 26th, 2026.
Conditions:
$120,000 for SMCP staff to provide additional construction administration services through project completion and closeout (assuming completion by October 2026). $80,000 for ZFA, Capital, and HCS to provide additional CA services. This would also be the bucket of funding we would draw from for owner-initiated plan changes requested from these firms.
1.0 Additional Service
1.1 Studio MCP Architectural $120,000 NTE
1.2 MEP Consultants $ 80,000 NTE
TOTAL ADDITIONAL SERVICE $200,000 NTE
As discussed in that correspondence, the change in the scope of work in the Iso Dog has occurred, and fee proposals are outlined below. Please note Capital Engineer’s fee is an estimate as we are still waiting for their proposal:
2.0 ISO DOG Scope Change (part of Add Service above)
2.1 Studio MCP Architectural $24,400 NTE
24 x $275 = $6,600
56 x $175 = $9,800
80 x $100 = $8,000
2.2 ZFA Proposal $ 7,500 NTE
2.3 Capital Engineering $ 7,500 (EST.)
2.4 HCS Electrical Consultant $ 2,100 NTE
TOTAL ISO DOG CHANGE $41,500 NTE+EST.
Attachment: ZFA and HCS proposal.
EXHIBIT A ATTACHMENT B
900
EXTRA SERVICES
AUTHORIZATION
George Miers
MIERS CHOU POON
Email: [email protected]
Phone: 510-285-6016
Project Name: Stockton Animal Shelter Renovation
Extra Service Name:
Project Number:
Extra Services Requested by:
Project Description:
Scope of Services:
Fee for Extra Services:
Billing Type: Fixed
It is ZFA's understanding that a re-design of the dog isolation room 501 in the steel building is required as part of ASI #3. ZFA reviewed the architectural A7.11 drawings and building department comments provided by Rachel Slonicki via email dated March 30, 2026. Structural scope includes: full-height wall detail references, low-height wall details, coordination with architect on trench drain locations, depths, and warped slabs in relation with existing foundations, revisions to previously submitted S2.3 existing steel building floor plan and details, markups on architectural ceiling wall details, exterior wall opening details and analysis, and coordination with contractor for information not found on existing steel building plan drawings on file.
22144.00
Miers Chou Poon
• Coordination meetings
• Structural calculations
• Revised structural drawings and details as part of ASI #3. • Support through public agency approval.
• Construction administration, review, and support, excluding site visits. $7,500
Dog Isolation Re-design
5845 Doyle Street, Suite 106
Emeryville, CA 94608
7801 folsom blvd | suite 204 | sacramento ca 95826 | 916 924 7024 | zfa.com
EXHIBIT A ATTACHMENT B
901
AUTHORIZATION (two signatures required):
ZFA STRUCTURAL ENGINEERS
By: Date:
Dudley Mei, PE 90243
Senior Engineer
By: Date:
Mickey C. Kellogg, SE 5851
MIERS CHOU POON
By: Date:
Print Name:
Principal
The previously agreed to detailed Terms and Conditions are hereby incorporated by reference in the entirety as an integral part of this Agreement.
Client's acceptance of this Agreement includes full acceptance of all Terms and Conditions without condition or reservation. 3/31/2026
3/31/2026
Please Initial _____
EXHIBIT A ATTACHMENT B
902
HCS ENGINEERING, INC.
CONSULTING ELECTRICAL ENGINEERING 4512 FEATHER RIVER DR. STE. F STOCKTON, CA 95219
(209) 478-8270
FAX (209) 478-2169
TO: Geore Miers
Studio Miers/Chou/Poon
5845 Doyle Street, Suite 104
Emeryville, CA 94608
In accordance with the original contract HCS Engineering will provide the following extra services on the above referenced project.
1. Dog Isolation
With lighting, minimal power and fan.
NOTE: This change of scope is in addition to the original contract. This Agreement does not include printing, shipping of drawings or calculations. Any such printing or shipping shall be done on a costplus basis to the Contract.
WE WILL make the change(s) specified above at this price. $2100 ACCEPTED. The above prices and
specifications of this Change Request are
satisfactory and are hereby accepted. All work
to be performed under same terms and
conditions as specified in original contract
unless otherwise stipulated.
Date of acceptance _____________________
Signature
____________________________________
(CLIENT)
CHANGE OF SCOPE
DATE: 04/02/2026
PROJECT: Stockton Animal Shelter
Dog Isolation Remodel
LOCATION:
Stockton
PROJECT NO. ARCH NO.
EXHIBIT A ATTACHMENT B
903
Updated 8.26.25
Vendor: Date: 04/07/26
Dept: Contract 422000793
Account # Requestor: Travis Pazin
$ 712,809.00
05/24/22
Original Contract Council Approval Date: 05/24/22
08/31/25
$ 1,078,744.00
$ 365,935.00
Effective Date: Dec 2, 2021
CM Authority: $ 100,000 08/31/27
D M WD CM CC
CURRENT BALANCES OF CCOs
Last Council Action $ - 05/24/22 $ 712,809.00 $ 171,280.90 Total approved CCOs since last Council Action $ 165,935.00 24 $ 878,744.00 $ 5,345.90 NEW PROPOSED CCOs
$ 878,744.00 $ 171,280.90
7 Additional Design Services $ 200,000.00 Y $ 1,078,744.00 $ (194,654.10) Current CCO amount $ 200,000.00
PREVIOUSLY APPROVED CCOs
Original Contract Y 05/24/22 712,809.00 $
1 Additional Design Services $ 27,900.00 Y $ 740,709.00 2 Change Names $ - Y $ 740,709.00
3 Additional Design Services $ 15,690.00 Y $ 756,399.00 4 Additional Design Services $ 10,000.00 Y $ 766,399.00 5 Additional Design Services $ 32,345.00 24 Y $ 798,744.00 6 Additional Design Services $ 80,000.00 Y $ 878,744.00 Previous CCO Amount -----> $ 165,935.00 24 5/24/2022 $ 712,809.00 Total CCO Amount and Time Extension To-Date -----> $ 365,935.00 24
CHANGE ORDER CALCULATOR
1 Studio Miers Chou Poon (formerly Swatt Miers Architects) Public Works 1 4510-000-800007-300-000-30-45-000-000
ENTRIES IN BOLD RED INDICATE
YOUR BALANCE OF CM AUTHORITY CCO AMOUNT IS EXCEEDED.
YOU MUST GO TO COUNCIL FOR APPROVAL.
Original Contract Amount:
2 Original Contract Award Date:
Original Contract Expiration Date:
Contract Amount to date:
3 Authorized CCO Amount to date:
Contract Expiration to date:
4 CCO No. Description
Requested
CCO Amount
Time
Extensions Revised
Contract Amount
Revised
CCO Authority Balance
4 5
Required
Approval
by:
Date CC
Approved
(mm/dd/yy)
ATTACHMENT B
904
City of Stockton
Legislation Text
File #: 26-0304, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE BRIDGE REHABILITATION AND REPLACEMENT PROGRAM PROJECT (MULTIPLE DISTRICTS - DISTRICT 2, DISTRICT 3, DISTRICT 4, DISTRICT 5, DISTRICT 6)
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Notice of Exemption No. NOE18-19 under the California Environmental Quality Act for the Bridge Rehabilitation and Replacement Program, Project No. WT17004/Federal Project No. BPMPL-5008(177).
2. Approve the plans and specifications for the Bridge Rehabilitation and Replacement Program, Project No. WT17004/Federal Project No. BPMPL-5008(177).
3. Award a Construction Contract in the amount of $1,226,272.50 to T.P.A. Construction, Inc. of Roseville, CA, for the Bridge Rehabilitation and Replacement Program, Project No.
WT17004/Federal Project No. BPMPL-5008(177).
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The Bridge Preventative Maintenance Program (BPMP) is a federally funded program managed by the California Department of Transportation (Caltrans) and designed to assist local agencies in extending the life of their bridges. To take advantage of this program, local agencies must have a prioritized bridge preventative maintenance plan approved by Caltrans. The City’s BPMP was approved by Caltrans in 2017 and updated in 2025.
The project includes a mixture of erosion repairs, replacement of the asphalt approaches, deck sealing, and barrier replacement at six bridges identified on the approved BPMP (Attachment A). The project was included in the 2017-22 Five-Year Capital Improvement Plan (CIP).
On January 22, 2026, the City received six bids for this project. It is recommended that Council adopt a resolution to award a Construction Contract to the lowest responsive bidder, T.P.A. Construction, Inc., in the amount of $1,226,272.50. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE18-19 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project.
Construction is anticipated to be completed by summer 2027.
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DISCUSSION
Background
The BPMP is a federally funded program managed by Caltrans and designed to assist local agencies in extending the life of their bridges. The program funds maintenance activities that are pre-approved by the Federal Highway Administration (FHWA). To utilize this program funding, local agencies must have a prioritized bridge preventative maintenance plan approved by Caltrans. The City’s BPMP was approved by Caltrans in 2017 and updated in 2025. The project was included in the 2017-22 FiveYear CIP.
In 2018, Caltrans authorized funding for the preliminary engineering phase of the Bridge Rehabilitation and Replacement Program project. The project includes a mixture of erosion repairs, replacement of the asphalt approaches, deck sealing, and barrier replacement at six bridges identified on the approved BPMP (Attachment A). The current project includes six bridges as follows:
1. Carolyn Weston Boulevard over French Camp Slough
2. Center Street over Stockton Channel
3. El Dorado Street over Calaveras River
4. El Dorado Street over Bianchi Road
5. Don Avenue over Mosher Slough
6. Feather River Drive over Fourteen Mile Slough
On November 6, 2018, by Resolution No. 2018-11-06-1110, Council awarded a Professional Services Contract in the amount of $202,973.33 to ADKO Engineering, Inc. of Roseville, CA, for design of the Bridge Rehabilitation and Replacement Program, Project No. WT17004/Federal Project No. BPMPL5008(177). The design was completed; however, funding for construction was not available for programming by Caltrans until 2025. Caltrans recently programmed funding for the project which allowed staff to advertise the project for construction bids.
On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. On August 20, 2024, by Motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was not applied to this project as federal regulations prohibit the use of such agreements.
Present Situation
On November 25, 2025, the Bridge Rehabilitation and Replacement Program, Project No.
WT17004/Federal Project No. BPMPL-5008(177), was advertised for bids.
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On January 22, 2026, six bids were received with the following results:
COMPANY NAME BID AMOUNT
T.P.A. Construction, Inc. $1,226,272.50
(Roseville, CA)
McCuen Construction, Inc. $1,296,988.21
(Loomis, CA)
Myers and Sons Construction, LLC $1,332,544.00
(Sacramento, CA)
Pacific Infrastructure, LLC $1,344,444.00
(Vacaville, CA)
Valentine Corporation $1,593,368.80
(San Rafael, CA)
Dirt Dynasty, Inc. $2,307,060.00
(Valley Springs, CA)
Engineer’s Estimate $1,148,184.00
The federal funding restrictions prohibit the use of the Local Employment Ordinance, Stockton Municipal Code (SMC) section 3.68.095, and the Local Business Preference Ordinance, SMC section 3.68.090.
The bid from T.P.A. Construction, Inc., the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. It is recommended that Council adopt a resolution approving the plans and specifications and awarding a Construction Contract to T.P.A. Construction, Inc. in the amount of $1,226,272.50.
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No.
NOE18-19 under CEQA. Construction is anticipated to be completed by summer 2027.
FINANCIAL SUMMARY
There are sufficient funds available in the Bridge Rehabilitation and Replacement Program, Project No. WT17004/Federal Project No. BPMPL-5008(177), to award a Construction Contract to T.P.A.
Construction, Inc. of Roseville, CA, in the amount of $1,226,272.50.
Attachment A - Vicinity Map
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BRIDGE REHABILITATION AND REPLACEMENT PROGRAM,
WT17004/BPMPL - 5008 177
CITY OF STOCKTON
0 DON AVE. OVER MOSHER SLOUGH
______ ..._ ______ ......, __ .....__�oR�
FEATHER RIVER DR. OVER FOURTEEN MILE SLOUGH
LEGEND
0 BRIDGE LOCATIONS
CAROLYN WESTON BLVD. OVER FRENCH CAMP SLOUGH
ATTACHMENT A
908
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE18-19,
APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A
CONSTRUCTION CONTRACT FOR THE BRIDGE REHABILITATION AND REPLACEMENT PROGRAM, PROJECT NO. WT17004/FEDERAL PROJECT NO.
BPMPL-5008(177)
On January 22, 2026, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Bridge Rehabilitation and Replacement Program, Project No. WT17004/Federal Project No. BPMPL5008(177); and The project includes a mixture of erosion repairs, replacement of the asphalt approaches, deck sealing, and barrier replacement on six bridges identified on the approved Bridge Preventative Maintenance Program as follows:
1. Carolyn Weston Boulevard over French Camp Slough
2. Center Street over Stockton Channel
3. El Dorado Street over Calaveras River
4. El Dorado Street over Bianchi Road
5. Don Avenue over Mosher Slough
6. Feather River Drive over Fourteen Mile Slough
T.P.A. Construction, Inc. is the lowest responsive bidder in the amount of $1,226,272.50 and its bid is regular in all respects; and The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the filing of Notice of Exemption No. NOE18-19 under the CEQA for the Bridge Rehabilitation and Replacement Program, Project No.
WT17004/Federal Project No. BPMPL-5008(177), a copy of which is attached as Exhibit 1 and incorporated by this reference.
909
2. The City Council approves the plans and specifications for the Bridge Rehabilitation and Replacement Program, Project No. WT17004/Federal Project No.
BPMPL-5008(177).
3. The City Council awards a Construction Contract between the City of Stockton and T.P.A. Construction, Inc., in the amount of $1,226,272.50, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED June 9, 2026 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
910
CITY OF STOCKTON
NOTICE OF EXEMPTION
TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN
44 N. San Joaquin Street, Suite 260
Stockton, CA 95202
City of Stockton
Public Works Dept.
425 North El Dorado Street
Stockton, CA 95202-1997
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14. SECTION 16062
Project Title: Bridge Rehabilitation and Replacement Program FY 17/18 CEQA Exemption File No.: NOE18-19
Applicant: Public Works Department
Project Description: Bridge Rehabilitation and Replacement Program FY17/18 will rehabilitate six bridges throughout the City. The rehabilitation includes sealing of the bridge deck. repair of bridge approaches and restriping of traffic lanes. The bridge numbers for the six locations are 29C0189, 29C0096, 29C0141, 29C0140, 29C0401, and 29C0407.
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project," as defined in CEQA Guidelines § 15378.
The activity is exempt under the "general rule" at CEQA Guidelines §15061(8)(3).
The project is "Statutorily Exempt" per CEQA Guidelines §: __ _ ....lL The project is "Categorically Exempt" per CEQA Guidelines §:15301(c).
BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply .
...lL The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
By �"l'.r:&> �ffk,
Mauricio Espinoza, Junior Engineer (DATE OF FINAL APPROVAL)
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(8). Said notice or list of notices will remain posted for 35 days from the filing date.
Signature Title
Posting Period Ending Date
EXHIBIT 1
911
FEDERAL CONSTRUCTION CONTRACT – TPA CONSTRUCTION, INC. – BRIDGE REHABILITATION AND REPLACEMENT PROGRAM, PROJECT NO. WT17004 / FEDERAL PROJECT NO. BPMPL-5008(177) (Updated 10/18/23)
CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between T.P.A CONSTRUCTION, INC. a STATE OF CALIFORNIA CORPORATION, with a business address at 1770 BOOTH ROAD, ROSEVILLE, CA 95747, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:
WHEREAS, plans and specifications for the construction of the BRIDGE REHABILITATION AND REPLACEMENT PROGRAM, PROJECT NO. WT17004 / FEDERAL PROJECT NO. BPMPL-5008(177), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. __________________. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $1,226,272.50, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured.
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FEDERAL CONSTRUCTION CONTRACT – TPA CONSTRUCTION, INC. – BRIDGE REHABILITATION AND REPLACEMENT PROGRAM, PROJECT NO. WT17004 / FEDERAL PROJECT NO. BPMPL-5008(177) (Updated 10/18/23) Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater.
The Additional Insured coverage under the Contractor’s policy shall be “primary and noncontributory” and will not seek contribution from the City of Stockton’s insurance or selfinsurance and shall be at least as broad as CG 20 01 04 13.
The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or Agreement) before the City of Stockton’s own insurance or self-insurance shall be called upon to protect it as a named insured.
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City of Stockton.
The City of Stockton reserves the right to obtain a full certified copy of any Insurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
Contractor shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
Contractor agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.
Subcontractors hired by Contractor agree to be bound to Contractor and the City of Stockton in the same manner and to the same extent as Contractor is bound to the City of Stockton under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the City of Stockton Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General Contractor shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and
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FEDERAL CONSTRUCTION CONTRACT – TPA CONSTRUCTION, INC. – BRIDGE REHABILITATION AND REPLACEMENT PROGRAM, PROJECT NO. WT17004 / FEDERAL PROJECT NO. BPMPL-5008(177) (Updated 10/18/23) expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract.
CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.
6. WORKING DAYS. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of THREE THOUSAND AND NO/100 DOLLARS ($3,000) per day for each and every calendar days delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if CITY decides to increase the said number of days, CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director, inability to get materials ordered by CONTRACTOR or
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FEDERAL CONSTRUCTION CONTRACT – TPA CONSTRUCTION, INC. – BRIDGE REHABILITATION AND REPLACEMENT PROGRAM, PROJECT NO. WT17004 / FEDERAL PROJECT NO. BPMPL-5008(177) (Updated 10/18/23) Subcontractor due to such causes provided that CONTRACTOR shall notify the Director in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director or of CITY, not contemplated by the contract, the time of completion shall be extended proportionately, and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFORMANCE TO APPLICABLE LAWS
A. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d) http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
B. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C).
The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
C. LABOR STANDARDS AND PROVISIONS/CALIFORNIA LABOR CODE The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB& division=2.&title=&part=7.&chapter=1.&article=2.
D. PREVAILING WAGE
CONTRACTOR and any Subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director
915
FEDERAL CONSTRUCTION CONTRACT – TPA CONSTRUCTION, INC. – BRIDGE REHABILITATION AND REPLACEMENT PROGRAM, PROJECT NO. WT17004 / FEDERAL PROJECT NO. BPMPL-5008(177) (Updated 10/18/23) of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done.
CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each Subcontractor (see Exhibit D). As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each Subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
(i) The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.
The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
(ii) Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and/or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any
Subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
(iii) The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
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FEDERAL CONSTRUCTION CONTRACT – TPA CONSTRUCTION, INC. – BRIDGE REHABILITATION AND REPLACEMENT PROGRAM, PROJECT NO. WT17004 / FEDERAL PROJECT NO. BPMPL-5008(177) (Updated 10/18/23) (iv) The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
E. APPENDIX E OF THE TITLE VI ASSURANCES
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the Appendix E of the Title VI Assurances attached as Exhibit E.
F. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
CITY agrees:
8. COMPENSATION. To pay CONTRACTOR for the work herein contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.
9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and
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FEDERAL CONSTRUCTION CONTRACT – TPA CONSTRUCTION, INC. – BRIDGE REHABILITATION AND REPLACEMENT PROGRAM, PROJECT NO. WT17004 / FEDERAL PROJECT NO. BPMPL-5008(177) (Updated 10/18/23) the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.
Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-2013, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11. AUDITS
(a) CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
(b) CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.
CONTRACTOR further agrees to maintain such records for a period of five (5) years after final payment under the contract.
12. FHWA 1273 AND CARGO PREFERENCE ACT
Federal form FHWA 1273 is physically included in this contract as Exhibit F.
In compliance with the Cargo Preference Act of 1954 (CPA), 46 CFR §381, and the implementing regulations in 46 CFR §381.7, the Contractor agrees:
A. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels;
B. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-oflading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590;
C. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
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EXHIBIT 2
919
$31,600.00
EXHIBIT A
EXHIBIT 2
920
EXHIBIT 2
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Insurance Requirements for Construction Contracts
Bridge Rehabilitation and Replacement Program, Project No. WT17004/BPMPL-5008(177) Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Contractors Pollution Liability applicable to the work being performed, with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
5. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
6. Surety Bonds as described below.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
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Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or
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Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City of Stockton as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the City of Stockton, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City of Stockton’s site.
Claims Made Policies – (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
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The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language affecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an
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additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
425 N El Dorado Street
Stockton, CA 95202
EXHIBIT B
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Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.
II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.
All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.
C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.
D. All City employees and non-employees share a responsibility to assist in EXHIBIT C Page 16 of 130 EXHIBIT 2
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Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.
E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up to and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.
F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.
G. The City of Stockton prohibits retaliation against any employee or nonemployee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.
H. This policy applies to all officials, employees, volunteers, unpaid interns, agents, or contractors of the City.
I. This policy shall be administered by the Director of Human Resources.
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"General Decision Number: CA20260018 01/09/2026
Superseded General Decision Number: CA20250018
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and Tuolumne Counties in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date
0 01/02/2026
1 01/09/2026
ASBE0016-004 05/01/2025
AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED,
MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS &
TOULMNE COUNTIES
AREA 2: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA
CLARA COUNTIES
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)
Area 1......................$ 34.56 11.40
Area 2......................$ 44.73 12.75
---------------------------------------------------------------- ASBE0016-008 01/01/2024
AREA 1: ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN
FRANCISCO, SAN MATEO, SANTA CLARA, & SANTA CRUZ
AREA 2: CALAVERAS, COLUSA, FRESNO, KINGS, MADERA, MARIPOSA,
MERCED, SAN JOAQUIN, STANISLAUS, & TUOLUMNE
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 30 of 130 EXHIBIT 2 941
Protective Coverings,
Coatings, and Finishes to all
types of mechanical systems)
Area 1......................$ 84.76 25.07
Area 2......................$ 64.56 25.07
---------------------------------------------------------------- BOIL0549-001 01/01/2021
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA
CLARA COUNTIES
AREA 2: REMAINING COUNTIES
Rates Fringes
BOILERMAKER
Area 1......................$ 49.62 41.27
Area 2......................$ 45.60 38.99
---------------------------------------------------------------- BRCA0003-001 08/01/2024
Rates Fringes
MARBLE FINISHER..................$ 42.06 19.80
---------------------------------------------------------------- BRCA0003-003 08/01/2024
Rates Fringes
MARBLE MASON.....................$ 61.72 30.31
---------------------------------------------------------------- BRCA0003-005 05/01/2024
Rates Fringes
BRICKLAYER
( 1) Fresno, Kings,
Madera, Mariposa, Merced....$ 51.17 25.80
( 7) San Francisco, San
Mateo.......................$ 57.02 28.50
( 8) Alameda, Contra
Costa, San Benito, Santa
Clara.......................$ 56.94 26.28
( 9) Calaveras, San
Joaquin, Stanislaus,
Toulumne....................$ 52.76 25.01
(16) Monterey, Santa Cruz...$ 54.18 27.82
---------------------------------------------------------------- BRCA0003-008 07/01/2024
Rates Fringes
TERRAZZO FINISHER................$ 44.93 20.98
TERRAZZO WORKER/SETTER...........$ 60.58 29.79
---------------------------------------------------------------- BRCA0003-011 04/01/2024
AREA 1: Alameda, Contra Costa, Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz
AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne
AREA 3: Fresno, Kings, Madera, Mariposa, Merced
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 31 of 130 EXHIBIT 2 942
Rates Fringes
TILE FINISHER
Area 1......................$ 37.75 19.28
Area 2......................$ 34.76 19.22
Area 3......................$ 32.68 18.32
Tile Layer
Area 1......................$ 59.92 22.62
Area 2......................$ 55.17 22.52
Area 3......................$ 50.28 22.05
---------------------------------------------------------------- CARP0022-001 07/01/2023
San Francisco County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 60.39 33.52
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 60.54 33.52
Journeyman Carpenter........$ 60.39 33.52
Millwright..................$ 60.49 35.11
---------------------------------------------------------------- CARP0034-001 07/01/2021
Rates Fringes
Diver
Assistant Tender, ROV
Tender/Technician...........$ 54.10 34.69
Diver standby...............$ 60.51 34.69
Diver Tender................$ 59.51 34.69
Diver wet...................$ 103.62 34.69
Manifold Operator (mixed
gas)........................$ 64.51 34.69
Manifold Operator (Standby).$ 59.51 34.69
DEPTH PAY (Surface Diving):
050 to 100 ft $2.00 per foot
101 to 150 ft $3.00 per foot
151 to 220 ft $4.00 per foot
221 ft.-deeper $5.00 per foot
SATURATION DIVING:
The standby rate shall apply until saturation starts. The saturation diving rate applies when divers are under
pressure continuously until work task and decompression are complete. The diver rate shall be paid for all saturation hours.
DIVING IN ENCLOSURES:
Where it is necessary for Divers to enter pipes or tunnels, or other enclosures where there is no vertical ascent, the following premium shall be paid: Distance traveled from entrance 26 feet to 300 feet: $1.00 per foot. When it is necessary for a diver to enter any pipe, tunnel or other enclosure less than 48"" in height, the premium will be $1.00 per foot.
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 32 of 130 EXHIBIT 2 943
WORK IN COMBINATION OF CLASSIFICATIONS:
Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift.
---------------------------------------------------------------- CARP0034-003 07/01/2021
Rates Fringes
Piledriver.......................$ 54.10 34.69
---------------------------------------------------------------- CARP0035-007 07/01/2020
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San Joaquin, Stanislaus, Tuolumne Counties
Rates Fringes
Modular Furniture Installer
Area 1
Installer..................$ 28.76 22.53
Lead Installer.............$ 32.21 23.03
Master Installer...........$ 36.43 23.03
Area 2
Installer..................$ 26.11 22.53
Lead Installer.............$ 29.08 23.03
Master Installer...........$ 32.71 23.03
Area 3
Installer..................$ 25.16 22.53
Lead Installer.............$ 27.96 23.03
Master Installer...........$ 31.38 23.03
---------------------------------------------------------------- CARP0035-008 08/01/2020
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: San Joaquin
AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Stanislaus, Tuolumne Counties
Rates Fringes
Drywall Installers/Lathers:
Area 1......................$ 52.65 31.26
Area 2......................$ 46.77 31.26
Area 3......................$ 47.27 31.26
Area 4......................$ 45.92 31.26
Drywall Stocker/Scrapper
Area 1......................$ 26.33 18.22
Area 2......................$ 23.39 18.22
Area 3......................$ 23.64 18.22
Area 4......................$ 22.97 18.22
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 33 of 130 EXHIBIT 2 944
---------------------------------------------------------------- CARP0152-001 07/01/2020
Contra Costa County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 52.80 30.82
Journeyman Carpenter........$ 52.65 30.82
Millwright..................$ 52.75 32.41
---------------------------------------------------------------- CARP0152-002 07/01/2020
San Joaquin County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 46.92 30.82
Journeyman Carpenter........$ 46.77 30.82
Millwright..................$ 49.27 32.41
---------------------------------------------------------------- CARP0152-004 07/01/2020
Calaveras, Mariposa, Merced, Stanislaus and Tuolumne Counties Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 45.57 30.82
Journeyman Carpenter........$ 45.42 30.82
Millwright..................$ 47.92 32.41
---------------------------------------------------------------- CARP0217-001 07/01/2023
San Mateo County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 60.39 33.52
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 34 of 130 EXHIBIT 2 945
Filer.......................$ 60.54 33.52
Journeyman Carpenter........$ 60.39 33.52
Millwright..................$ 60.49 35.11
---------------------------------------------------------------- CARP0405-001 07/01/2021
Santa Clara County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
---------------------------------------------------------------- CARP0405-002 07/01/2021
San Benito County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
---------------------------------------------------------------- CARP0505-001 07/01/2021
Santa Cruz County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
---------------------------------------------------------------- CARP0605-001 07/01/2021
Monterey County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 35 of 130 EXHIBIT 2 946
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
---------------------------------------------------------------- CARP0701-001 07/01/2021
Fresno and Madera Counties
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 47.77 31.49
Journeyman Carpenter........$ 47.62 31.49
Millwright..................$ 50.12 33.08
---------------------------------------------------------------- CARP0713-001 07/01/2021
Alameda County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
---------------------------------------------------------------- CARP1109-001 07/01/2021
Kings County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 47.77 31.49
Journeyman Carpenter........$ 47.62 31.49
Millwright..................$ 50.12 33.08
---------------------------------------------------------------- ELEC0006-004 12/01/2025
SAN FRANCISCO COUNTY
Rates Fringes
Sound & Communications
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 36 of 130 EXHIBIT 2 947
Installer...................$ 58.83 3%+29.75
Technician..................$ 67.65 3%+29.75
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0006-007 06/01/2024
SAN FRANCISCO COUNTY
Rates Fringes
ELECTRICIAN......................$ 91.25 3%+45.315
---------------------------------------------------------------- ELEC0100-002 09/01/2025
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
ELECTRICIAN......................$ 50.00 30.15
---------------------------------------------------------------- ELEC0100-005 12/01/2024
FRESNO, KINGS, MADERA
Rates Fringes
Communications System
Installer...................$ 45.28 28.01
Technician..................$ 52.07 28.21
SCOPE OF WORK
Includes the installation testing, service and maintenance, of the following systems which utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for the following: TV monitoring and surveillance,
background-foreground music, intercom and telephone
interconnect, inventory control systems, microwave
transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms, and low voltage master clock systems.
A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 37 of 130 EXHIBIT 2 948
Background foreground music, Intercom and telephone
interconnect systems, Telephone systems Nurse call systems, Radio page systems, School intercom and sound systems,
Burglar alarm systems, Low voltage, master clock systems, Multi-media/multiplex systems, Sound and musical
entertainment systems, RF systems, Antennas and Wave Guide, B. FIRE ALARM SYSTEMS Installation, wire pulling and testing C. TELEVISION AND VIDEO SYSTEMS Television monitoring and surveillance systems Video security systems, Video
entertainment systems, Video educational systems, Microwave transmission systems, CATV and CCTV
D. SECURITY SYSTEMS Perimeter security systems Vibration sensor systems Card access systems Access control systems, Sonar/infrared monitoring equipment
E. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE
INFORMATION AND/OR CONTROL SYSTEMS THAT ARE INTRINSIC TO THE ABOVE LISTED SYSTEMS SCADA (Supervisory Control and Data Acquisition) PCM (Pulse Code Modulation) Inventory Control Systems, Digital Data Systems Broadband and
Baseband and Carriers Point of Sale Systems, VSAT Data
Systems Data Communication Systems RF and Remote Control Systems, Fiber Optic Data Systems
WORK EXCLUDED Raceway systems are not covered (excluding Ladder-Rack for the purpose of the above listed systems).
Chases and/or nipples (not to exceed 10 feet) may be
installed on open wiring systems. Energy management
systems. SCADA (Supervisory Control and Data Acquisition) when not intrinsic to the above listed systems (in the
scope). Fire alarm systems when installed in raceways
(including wire and cable pulling) shall be performed at the electrician wage rate, when either of the following two (2) conditions apply:
1. The project involves new or major remodel building trades construction.
2. The conductors for the fire alarm system are installed in conduit.
---------------------------------------------------------------- * ELEC0234-001 12/30/2025
MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes
ELECTRICIAN
Zone A......................$ 70.41 33.76
Zone B......................$ 77.45 33.97
Zone A: All of Santa Cruz, Monterey, and San Benito Counties within 25 air miles of Highway 1 and Dolan Road in Moss Landing, and an area extending 5 miles east and west of Highway 101 South to the San Luis Obispo County Line
Zone B: Any area outside of Zone A
---------------------------------------------------------------- ELEC0234-003 12/01/2021
MONTEREY, SAN BENITO, AND SANTA CRUZ COUNTIES
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 38 of 130 EXHIBIT 2 949
Rates Fringes
Sound & Communications
Installer...................$ 47.93 24.09
Technician..................$ 55.12 24.30
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0302-001 03/01/2025
CONTRA COSTA COUNTY
Rates Fringes
CABLE SPLICER....................$ 74.54 36.09
ELECTRICIAN......................$ 66.26 35.84
---------------------------------------------------------------- ELEC0302-003 12/01/2025
CONTRA COSTA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 53.08 3%+29.25
Technician..................$ 61.04 3%+29.25
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 39 of 130 EXHIBIT 2 950
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0332-001 06/01/2025
SANTA CLARA COUNTY
Rates Fringes
CABLE SPLICER....................$ 104.68 49.46
ELECTRICIAN......................$ 91.03 49.05
FOOTNOTES: Work under compressed air or where gas masks are required, orwork on ladders, scaffolds, stacks, ""Bosun's chairs,"" or other structures and where the workers are not protected by permanent guard rails at a distance of 40 to 60 ft. from the ground or supporting structures: to be paid one and one-half times the straight-time rate of pay.
Work on structures of 60 ft. or over (as described above):
to be paid twice the straight-time rate of pay.
---------------------------------------------------------------- ELEC0332-003 12/01/2025
SANTA CLARA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 58.33 31.00
Technician..................$ 67.08 31.26
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0595-001 06/01/2025
ALAMEDA COUNTY
Rates Fringes
CABLE SPLICER....................$ 87.40 3%+46.79
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 40 of 130 EXHIBIT 2 951
ELECTRICIAN......................$ 76.00 3%+46.79
---------------------------------------------------------------- ELEC0595-002 06/01/2024
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
CABLE SPLICER....................$ 59.34 3%+30.48
ELECTRICIAN
(1) Tunnel work.............$ 51.92 3%+30.48
(2) All other work.........$ 49.45 3%+30.48
---------------------------------------------------------------- ELEC0595-006 12/01/2024
ALAMEDA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 56.68 3%+26.65
Technician..................$ 65.18 3%+26.65
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0595-008 12/01/2024
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
Communications System
Installer...................$ 45.28 3%+26.65
Technician..................$ 52.07 3%+26.65
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 41 of 130 EXHIBIT 2 952
installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0617-001 06/01/2025
SAN MATEO COUNTY
Rates Fringes
ELECTRICIAN......................$ 86.00 51.07
---------------------------------------------------------------- ELEC0617-003 12/01/2025
SAN MATEO COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 58.33 31.00
Technician..................$ 67.08 31.26
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0684-001 12/01/2024
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
ELECTRICIAN......................$ 48.50 30.09
CABLE SPLICER = 110% of Journeyman Electrician
---------------------------------------------------------------- Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 42 of 130 EXHIBIT 2 953
ELEC0684-004 12/01/2024
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
Communications System
Installer...................$ 45.28 28.01
Technician..................$ 52.07 28.21
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC1245-001 01/01/2025
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 70.16 24.71
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 53.30 22.26
(3) Groundman...............$ 40.76 21.76
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
---------------------------------------------------------------- ELEV0008-001 01/01/2025
Rates Fringes
ELEVATOR MECHANIC................$ 84.05 38.435+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service.
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 43 of 130 EXHIBIT 2 954
b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
---------------------------------------------------------------- ENGI0003-001 06/30/2025
""AREA 1"" WAGE RATES ARE LISTED BELOW
""AREA 2"" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1 RATES.
SEE AREA DEFINITIONS BELOW
Rates Fringes
OPERATOR: Power Equipment
(AREA 1:)
GROUP 1.....................$ 66.96 32.53
GROUP 2.....................$ 65.43 32.53
GROUP 3.....................$ 63.95 32.53
GROUP 4.....................$ 62.57 32.53
GROUP 5.....................$ 61.30 32.53
GROUP 6.....................$ 59.98 32.53
GROUP 7.....................$ 58.84 32.53
GROUP 8.....................$ 57.70 32.53
GROUP 8-A...................$ 55.49 32.53
OPERATOR: Power Equipment
(Cranes and Attachments -
AREA 1:)
GROUP 1
Cranes.....................$ 68.59 32.53
Oiler......................$ 43.79 31.15
Truck crane oiler..........$ 46.08 31.15
GROUP 2
Cranes.....................$ 66.08 32.53
Oiler......................$ 42.83 31.15
Truck crane oiler..........$ 45.07 31.15
GROUP 3
Cranes.....................$ 64.34 32.53
Hydraulic..................$ 59.98 32.53
Oiler......................$ 42.55 31.15
Truck crane oiler..........$ 44.83 31.15
GROUP 4
Cranes.....................$ 61.30 32.53
OPERATOR: Power Equipment
(Piledriving - AREA 1:)
GROUP 1
Lifting devices............$ 52.64 31.15
Oiler......................$ 43.38 31.15
Truck Crane Oiler..........$ 45.66 31.15
GROUP 2
Lifting devices............$ 50.82 31.15
Oiler......................$ 43.11 31.15
Truck Crane Oiler..........$ 45.41 31.15
GROUP 3
Lifting devices............$ 49.14 31.15
Oiler......................$ 42.89 31.15
Truck Crane Oiler..........$ 45.12 31.15
GROUP 4
Lifting devices............$ 47.37 31.15
GROUP 5
Lifting devices............$ 44.73 31.15
GROUP 6
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 44 of 130 EXHIBIT 2 955
Lifting devices............$ 42.50 31.15
OPERATOR: Power Equipment
(Steel Erection - AREA 1:)
GROUP 1
Cranes.....................$ 68.81 32.53
Oiler......................$ 43.72 31.15
Truck Crane Oiler..........$ 45.95 31.15
GROUP 2
Cranes.....................$ 67.04 32.53
Oiler......................$ 43.45 31.15
Truck Crane Oiler..........$ 45.73 31.15
GROUP 3
Cranes.....................$ 65.56 32.53
Hydraulic..................$ 45.07 31.15
Oiler......................$ 43.23 31.15
Truck Crane Oiler..........$ 45.46 31.15
GROUP 4
Cranes.....................$ 63.54 32.53
GROUP 5
Cranes.....................$ 62.24 32.53
OPERATOR: Power Equipment
(Tunnel and Underground Work
- AREA 1:)
SHAFTS, STOPES, RAISES:
GROUP 1....................$ 63.06 32.53
GROUP 1-A..................$ 65.53 32.53
GROUP 2....................$ 61.80 32.53
GROUP 3....................$ 60.47 32.53
GROUP 4....................$ 59.33 32.53
GROUP 5....................$ 58.19 32.53
UNDERGROUND:
GROUP 1....................$ 62.96 32.53
GROUP 1-A..................$ 65.43 32.53
GROUP 2....................$ 61.70 32.53
GROUP 3....................$ 60.37 32.53
GROUP 4....................$ 59.23 32.53
GROUP 5....................$ 58.09 32.53
FOOTNOTE: Work suspended by ropes or cables, or work on a Yo-Yo Cat: $.60 per hour additional.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1: Operator of helicopter (when used in erection work); Hydraulic excavator, 7 cu. yds. and over; Power shovels, over 7 cu. yds.
GROUP 2: Highline cableway; Hydraulic excavator, 3-1/2 cu. yds. up to 7 cu. yds.; Licensed construction work boat
operator, on site; Power blade operator (finish); Power shovels, over 1 cu. yd. up to and including 7 cu. yds.
m.r.c.
GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine assistant to engineer or mechanic; Crane
mounted continuous flight tie back machine, tonnage to
apply; Crane mounted drill attachment, tonnage to apply; Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over; Long reach excavator; Multiple engine scraper (when used as push pull); Power shovels, up to and including 1 cu. yd.; Pre-stress wire wrapping machine; Side boom cat, 572 or larger; Track
loader 4 cu. yds. and over; Wheel excavator (up to and
Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 45 of 130 EXHIBIT 2 956
including 750 cu. yds. per hour)
GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to and including 3/4 cu. yd.; Concrete batch plant (wet or dry); Dozer and/or push cat; Pull- type elevating loader; Gradesetter, grade
checker (GPS, mechanical or otherwise); Grooving and
grinding machine; Heading shield operator; Heavy-duty
drilling equipment, Hughes, LDH, Watson 3000 or similar; Heavy-duty repairperson and/or welder; Lime spreader;
Loader under 4 cu. yds.; Lubrication and service engineer (mobile and grease rack); Mechanical finishers or spreader machine (asphalt, Barber-Greene and similar); Miller
Formless M-9000 slope paver or similar; Portable crushing and screening plants; Power blade support; Roller operator, asphalt; Rubber-tired scraper, self-loading (paddle-wheels, etc.); Rubber- tired earthmoving equipment (scrapers); Slip form paver (concrete); Small tractor with drag; Soil
stabilizer (P & H or equal); Spider plow and spider puller; Tubex pile rig; Unlicensed constuction work boat operator, on site; Timber skidder; Track loader up to 4 yds.;
Tractor-drawn scraper; Tractor, compressor drill
combination; Welder; Woods-Mixer (and other similar Pugmill equipment)
GROUP 5: Cast-in-place pipe laying machine; Combination slusher and motor operator; Concrete conveyor or concrete pump, truck or equipment mounted; Concrete conveyor,
building site; Concrete pump or pumpcrete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring machinery, horizontal (not to apply to waterliners, wagon drills or jackhammers); Concrete mixer/all; Person and/or material hoist; Mechanical finishers (concrete)
(Clary, Johnson, Bidwell Bridge Deck or similar types); Mechanical burm, curb and/or curb and gutter machine,
concrete or asphalt); Mine or shaft hoist; Portable
crusher; Power jumbo operator (setting slip-forms, etc., in tunnels); Screed (automatic or manual); Self-propelled
compactor with dozer; Tractor with boom D6 or smaller;
Trenching machine, maximum digging capacity over 5 ft.
depth; Vermeer T-600B rock cutter or similar
GROUP 6: Armor-Coater (or similar); Ballast jack tamper; Boom- type backfilling machine; Assistant plant engineer; Bridge and/or gantry crane; Chemical grouting machine,
truck-mounted; Chip spreading machine operator; Concrete saw (self-propelled unit on streets, highways, airports and canals); Deck engineer; Drilling equipment Texoma 600,
Hughes 200 Series or similar up to and including 30 ft. m.r.c.; Drill doctor; Helicopter radio operator;
Hydro-hammer or similar; Line master; Skidsteer loader, Bobcat larger than 743 series or similar (with
attachments); Locomotive; Lull hi-lift or similar; Oiler, truck mounted equipment; Pavement breaker, truck-mounted, with compressor combination; Paving fabric installation and/or laying machine; Pipe bending machine (pipelines
only); Pipe wrapping machine (tractor propelled and
supported); Screed (except asphaltic concrete paving);
Self- propelled pipeline wrapping machine; Tractor;
Self-loading chipper; Concrete barrier moving machine
GROUP 7: Ballast regulator; Boom truck or dual-purpose
A-frame truck, non-rotating - under 15 tons; Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r.c.; Firetender (hot plant); Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 46 of 130 EXHIBIT 2 957
Grouting machine operator; Highline cableway signalperson; Stationary belt loader (Kolman or similar); Lift slab
machine (Vagtborg and similar types); Maginnes internal full slab vibrator; Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor combination); Pipe cleaning machine (tractor propelled and supported); Post driver; Roller (except asphalt); Chip
Seal; Self-propelled automatically applied concrete curing mahcine (on streets, highways, airports and canals);
Self-propelled compactor (without dozer); Signalperson; Slip-form pumps (lifting device for concrete forms); Tie spacer; Tower mobile; Trenching machine, maximum digging capacity up to and including 5 ft. depth; Truck- type loader GROUP 8: Bit sharpener; Boiler tender; Box operator;
Brakeperson; Combination mixer and compressor
(shotcrete/gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator;
Gunite/shotcrete equipment operator; Hydraulic monitor; Ken seal machine (or similar); Mixermobile; Oiler; Pump
operator; Refrigeration plant; Reservoir-debris tug (self- propelled floating); Ross Carrier (construction site);
Rotomist operator; Self-propelled tape machine; Shuttlecar; Self-propelled power sweeper operator (includes vacuum
sweeper); Slusher operator; Surface heater; Switchperson; Tar pot firetender; Tugger hoist, single drum; Vacuum
cooling plant; Welding machine (powered other than by
electricity)
GROUP 8-A: Elevator operator; Skidsteer loader-Bobcat 743 series or smaller, and similar (without attachments); Mini excavator under 25 H.P. (backhoe-trencher); Tub grinder wood chipper
----------------------------------------------------------
ALL CRANES AND ATTACHMENTS
GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over 100 tons; Derrick, over 100 tons; Derrick barge
pedestal-mounted, over 100 tons; Self-propelled boom-type lifting device, over 100 tons
GROUP 2: Clamshell and dragline over 1 cu. yd. up to and including 7 cu. yds.; Crane, over 45 tons up to and
including 100 tons; Derrick barge, 100 tons and under;
Self-propelled boom-type lifting device, over 45 tons;
Tower crane
GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Cranes 45 tons and under; Self-propelled boom-type lifting device 45 tons and under;
GROUP 4: Boom Truck or dual purpose A-frame truck,
non-rotating over 15 tons; Truck-mounted rotating
telescopic boom type lifting device, Manitex or similar (boom truck) over 15 tons; Truck-mounted rotating
telescopic boom type lifting device, Manitex or similar (boom truck) - under 15 tons;
-----------------------------------------------------------
PILEDRIVERS
GROUP 1: Derrick barge pedestal mounted over 100 tons;
Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 47 of 130 EXHIBIT 2 958
Clamshell over 7 cu. yds.; Self-propelled boom-type lifting device over 100 tons; Truck crane or crawler, land or barge mounted over 100 tons
GROUP 2: Derrick barge pedestal mounted 45 tons to and
including 100 tons; Clamshell up to and including 7 cu. yds.; Self-propelled boom-type lifting device over 45 tons; Truck crane or crawler, land or barge mounted, over 45 tons up to and including 100 tons; Fundex F-12 hydraulic pile rig GROUP 3: Derrick barge pedestal mounted under 45 tons; Self- propelled boom-type lifting device 45 tons and under;
Skid/scow piledriver, any tonnage; Truck crane or crawler, land or barge mounted 45 tons and under
GROUP 4: Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over; Heavy-duty repairperson/welder GROUP 5: Deck engineer
GROUP 6: Deckhand; Fire tender
-------------------------------------------------------------
STEEL ERECTORS
GROUP 1: Crane over 100 tons; Derrick over 100 tons; Self- propelled boom-type lifting device over 100 tons
GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100 tons; Self-propelled boom-type lifting device over 45 tons to 100 tons; Tower crane
GROUP 3: Crane, 45 tons and under; Self-propelled boom-type lifting device, 45 tons and under
GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty repair person/welder
GROUP 5: Boom cat
-------------------------------------------------------------- --
TUNNEL AND UNDERGROUND WORK
GROUP 1-A: Tunnel bore machine operator, 20' diameter or more GROUP 1: Heading shield operator; Heavy-duty repairperson; Mucking machine (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator
GROUP 2: Combination slusher and motor operator; Concrete pump or pumpcrete gun; Power jumbo operator
GROUP 3: Drill doctor; Mine or shaft hoist
GROUP 4: Combination slurry mixer cleaner; Grouting Machine operator; Motorman
GROUP 5: Bit Sharpener; Brakeman; Combination mixer and compressor (gunite); Compressor operator; Oiler; Pump
operator; Slusher operator
----------------------------------------------------------- Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 48 of 130 EXHIBIT 2 959
AREA DESCRIPTIONS:
POWER EQUIPMENT OPERATORS, CRANES AND ATTACHMENTS,TUNNEL AND UNDERGROUND [These areas do not apply to Piledrivers and Steel Erectors]
AREA 1: ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS,
MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN
FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ,
STANISLAUS, TUOLUMNE
AREA 2 -NOTED BELOW
THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:
CALAVERAS COUNTY:
Area 1: Remainder
Area 2: Eastern Part
FRESNO COUNTY:
Area 1: Remainder
Area 2: Eastern Part
MADERA COUNTY:
Area 1: Remainder
Area 2: Eastern Part
MARIPOSA COUNTY:
Area 1: Remainder
Area 2: Eastern Part
MONTEREY COUNTY:
Area 1: Remainder
Area 2: Southwestern part
TUOLUMNE COUNTY:
Area 1: Remainder
Area 2: Eastern Part
---------------------------------------------------------------- ENGI0003-008 08/01/2024
Rates Fringes
Dredging: (DREDGING:
CLAMSHELL & DIPPER DREDGING;
HYDRAULIC SUCTION DREDGING:)
AREA 1:
(1) Leverman...............$ 60.61 39.55
(2) Dredge Dozer; Heavy
duty repairman.............$ 55.65 39.55
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 54.53 39.55
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 51.23 39.55
AREA 2:
(1) Leverman...............$ 62.61 39.55
(2) Dredge Dozer; Heavy
duty repairman.............$ 57.65 39.55
(3) Booster Pump
Operator; Deck
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 49 of 130 EXHIBIT 2 960
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 56.53 39.55
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 53.23 39.55
AREA DESCRIPTIONS
AREA 1: ALAMEDA,BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED,
NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN,
SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS,
SUTTER, YOLO, AND YUBA COUNTIES
AREA 2: MODOC COUNTY
THE REMAINGING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:
ALPINE COUNTY:
Area 1: Northernmost part
Area 2: Remainder
CALAVERAS COUNTY:
Area 1: Remainder
Area 2: Eastern part
COLUSA COUNTY:
Area 1: Eastern part
Area 2: Remainder
ELDORADO COUNTY:
Area 1: North Central part
Area 2: Remainder
FRESNO COUNTY:
Area 1: Remainder
Area 2: Eastern part
GLENN COUNTY:
Area 1: Eastern part
Area 2: Remainder
LASSEN COUNTY:
Area 1: Western part along the Southern portion of border with Shasta County
Area 2: Remainder
MADERA COUNTY:
Area 1: Except Eastern part
Area 2: Eastern part
MARIPOSA COUNTY
Area 1: Except Eastern part
Area 2: Eastern part
MONTERREY COUNTY
Area 1: Except Southwestern part
Area 2: Southwestern part
NEVADA COUNTY:
Area 1: All but the Northern portion along the border of Sierra County
Area 2: Remainder
PLACER COUNTY:
Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 50 of 130 EXHIBIT 2 961
Area 1: Al but the Central portion
Area 2: Remainder
PLUMAS COUNTY:
Area 1: Western portion
Area 2: Remainder
SHASTA COUNTY:
Area 1: All but the Northeastern corner
Area 2: Remainder
SIERRA COUNTY:
Area 1: Western part
Area 2: Remainder
SISKIYOU COUNTY:
Area 1: Central part
Area 2: Remainder
SONOMA COUNTY:
Area 1: All but the Northwestern corner
Area 2: Remainder
TEHAMA COUNTY:
Area 1: All but the Western border with Mendocino & Trinity Counties
Area 2: Remainder
TRINITY COUNTY:
Area 1: East Central part and the Northeastern border with Shasta County
Area 2: Remainder
TUOLUMNE COUNTY:
Area 1: Except Eastern part
Area 2: Eastern part
---------------------------------------------------------------- ENGI0003-019 06/30/2025
SEE AREA DESCRIPTIONS BELOW
Rates Fringes
OPERATOR: Power Equipment
(LANDSCAPE WORK ONLY)
GROUP 1
AREA 1.....................$ 55.85 28.56
AREA 2.....................$ 57.85 28.56
GROUP 2
AREA 1.....................$ 52.25 28.56
AREA 2.....................$ 54.25 28.56
GROUP 3
AREA 1.....................$ 47.64 28.56
AREA 2.....................$ 49.64 28.56
GROUP DESCRIPTIONS:
GROUP 1: Landscape Finish Grade Operator: All finish grade work regardless of equipment used, and all equipment with a rating more than 65 HP.
GROUP 2: Landscape Operator up to 65 HP: All equipment with a manufacturer's rating of 65 HP or less except equipment covered by Group 1 or Group 3. The following equipment
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 51 of 130 EXHIBIT 2 962
shall be included except when used for finish work as long as manufacturer's rating is 65 HP or less: A-Frame and
Winch Truck, Backhoe, Forklift, Hydragraphic Seeder
Machine, Roller, Rubber-Tired and Track Earthmoving
Equipment, Skiploader, Straw Blowers, and Trencher 31 HP up to 65 HP.
GROUP 3: Landscae Utility Operator: Small Rubber-Tired
Tractor, Trencher Under 31 HP.
AREA DESCRIPTIONS:
AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED,
NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN,
SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS,
SUTTER, YOLO, AND YUBA COUNTIES
AREA 2 - MODOC COUNTY
THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:
ALPINE COUNTY:
Area 1: Northernmost part
Area 2: Remainder
CALAVERAS COUNTY:
Area 1: Except Eastern part
Area 2: Eastern part
COLUSA COUNTY:
Area 1: Eastern part
Area 2: Remainder
DEL NORTE COUNTY:
Area 1: Extreme Southwestern corner
Area 2: Remainder
ELDORADO COUNTY:
Area 1: North Central part
Area 2: Remainder
FRESNO COUNTY
Area 1: Except Eastern part
Area 2: Eastern part
GLENN COUNTY:
Area 1: Eastern part
Area 2: Remainder
HUMBOLDT COUNTY:
Area 1: Except Eastern and Southwestern parts
Area 2: Remainder
LAKE COUNTY:
Area 1: Southern part
Area 2: Remainder
LASSEN COUNTY:
Area 1: Western part along the Southern portion of border with Shasta County
Area 2: Remainder
MADERA COUNTY
Area 1: Remainder
Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 52 of 130 EXHIBIT 2 963
Area 2: Eastern part
MARIPOSA COUNTY
Area 1: Remainder
Area 2: Eastern part
MENDOCINO COUNTY:
Area 1: Central and Southeastern parts
Area 2: Remainder
MONTEREY COUNTY
Area 1: Remainder
Area 2: Southwestern part
NEVADA COUNTY:
Area 1: All but the Northern portion along the border of Sierra County
Area 2: Remainder
PLACER COUNTY:
Area 1: All but the Central portion
Area 2: Remainder
PLUMAS COUNTY:
Area 1: Western portion
Area 2: Remainder
SHASTA COUNTY:
Area 1: All but the Northeastern corner
Area 2: Remainder
SIERRA COUNTY:
Area 1: Western part
Area 2: Remainder
SISKIYOU COUNTY:
Area 1: Central part
Area 2: Remainder
SONOMA COUNTY:
Area 1: All but the Northwestern corner
Area 2: Reaminder
TEHAMA COUNTY:
Area 1: All but the Western border with mendocino & Trinity Counties
Area 2: Remainder
TRINITY COUNTY:
Area 1: East Central part and the Northeaster border with Shasta County
Area 2: Remainder
TULARE COUNTY;
Area 1: Remainder
Area 2: Eastern part
TUOLUMNE COUNTY:
Area 1: Remainder
Area 2: Eastern Part
---------------------------------------------------------------- IRON0377-001 01/01/2025
ALAMEDA, CONTRA COSTA, SAN MATEO, SANTA CLARA COUNTIES
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 53 of 130 EXHIBIT 2 964
Rates Fringes
Ironworkers:
Fence Erector...............$ 45.78 26.51
Ornamental, Reinforcing
and Structural..............$ 55.33 35.15
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- IRON0377-003 01/01/2025
SAN FRANCISCO CITY and COUNTY
Rates Fringes
Ironworkers:
Fence Erector...............$ 45.78 26.51
Ornamental, Reinforcing
and Structural..............$ 55.83 35.15
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 54 of 130 EXHIBIT 2 965
IRON0433-005 01/01/2025
REMAINING COUNTIES
Rates Fringes
IRONWORKER
Fence Erector...............$ 45.78 26.51
Ornamental, Reinforcing
and Structural..............$ 50.70 35.15
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0067-006 06/30/2025
AREA ""1"" - ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND
SANTA CLARA COUNTIES
AREA ""2"" - CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA,
MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, STANISLAUS, AND
TUOLUMNE COUNTIES
Rates Fringes
LABORER (ASBESTOS/MOLD/LEAD
LABORER)
Area 1......................$ 39.15 30.03
Area 2......................$ 38.15 30.03
ASBESTOS REMOVAL-SCOPE OF WORK: Site mobilization; initial site clean-up; site preparation; removal of
asbestos-containing materials from walls and ceilings; or from pipes, boilers and mechanical systems only if they are being scrapped; encapsulation, enclosure and disposal of asbestos-containing materials by hand or with equipment or machinery; scaffolding; fabrication of temporary wooden barriers; and assembly of decontamination stations.
---------------------------------------------------------------- LABO0073-002 07/01/2023
CALAVERAS AND SAN JOAQUIN COUNTIES
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 55 of 130 EXHIBIT 2 966
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 36.26 27.30
Traffic Control Person I....$ 36.56 27.30
Traffic Control Person II...$ 34.06 27.30
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.
TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
---------------------------------------------------------------- LABO0073-003 07/01/2023
SAN JOAQUIN COUNTY
Rates Fringes
LABORER
Mason Tender-Brick..........$ 36.29 25.55
---------------------------------------------------------------- LABO0073-005 06/26/2023
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 45.89 27.72
GROUP 2.....................$ 45.66 27.72
GROUP 3.....................$ 45.41 27.72
GROUP 4.....................$ 44.96 27.72
GROUP 5.....................$ 44.42 27.72
Shotcrete Specialist........$ 46.41 27.72
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO0073-007 06/26/2023
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 56 of 130 EXHIBIT 2 967
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS)
Construction Specialist
Group.......................$ 36.20 27.30
GROUP 1.....................$ 35.50 27.30
GROUP 1-a...................$ 35.72 27.30
GROUP 1-c...................$ 35.55 27.30
GROUP 1-e...................$ 36.05 27.30
GROUP 1-f...................$ 30.37 23.20
GROUP 2.....................$ 35.35 27.30
GROUP 3.....................$ 35.25 27.30
GROUP 4.....................$ 28.94 27.30
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS)
(1) New Construction........$ 35.25 27.30
(2) Establishment Warranty
Period......................$ 28.94 27.30
LABORER (GUNITE)
GROUP 1.....................$ 36.46 27.30
GROUP 2.....................$ 35.96 27.30
GROUP 3.....................$ 35.37 27.30
GROUP 4.....................$ 35.25 27.30
LABORER (WRECKING)
GROUP 1.....................$ 35.50 27.30
GROUP 2.....................$ 35.35 27.30
FOOTNOTES:
Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers
entitled to receive the wage rate set forth in Group 1-a below.
---------------------------------------------------------
LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small
trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement;
Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter;
Dri-pak-it machine; Faller, logloader and bucker; Form
raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 57 of 130 EXHIBIT 2 968
worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying,
dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.
GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work
performed on underground structures not specifically
covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall
apply to cut and cover work of subway construction after the temporary cover has been placed.
GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the
depth of the footing is unknown at the commencement of
excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception.
GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 58 of 130 EXHIBIT 2 969
cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:
A: at demolition site for the salvage of the material.
B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.
C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.
The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"".
--------------------------------------------------------
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman
GROUP 2: Nozzleman, Gunman, Potman, Groundman
GROUP 3: Reboundman
GROUP 4: Gunite laborer
----------------------------------------------------------
WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
---------------------------------------------------------------- LABO0073-009 07/01/2023
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 59 of 130 EXHIBIT 2 970
LABORER (Plaster Tender).........$ 39.77 28.54
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0261-003 07/01/2023
SAN FRANCISCO AND SAN MATEO COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 37.26 27.30
Traffic Control Person I....$ 37.56 27.30
Traffic Control Person II...$ 35.06 27.30
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.
TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
---------------------------------------------------------------- LABO0261-005 06/26/2023
SAN FRANCISCO AND SAN MATEO COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 45.89 27.72
GROUP 2.....................$ 45.66 27.72
GROUP 3.....................$ 45.41 27.72
GROUP 4.....................$ 44.96 27.72
GROUP 5.....................$ 44.42 27.72
Shotcrete Specialist........$ 46.41 27.72
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 60 of 130 EXHIBIT 2 971
---------------------------------------------------------------- LABO0261-009 06/26/2023
SAN FRANCISCO, AND SAN MATEO COUNTIES
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group.......................$ 37.20 27.30
GROUP 1.....................$ 36.50 27.30
GROUP 1-a...................$ 36.72 27.30
GROUP 1-c...................$ 36.55 27.30
GROUP 1-e...................$ 37.05 27.30
GROUP 1-f...................$ 31.37 23.20
GROUP 2.....................$ 36.35 27.30
GROUP 3.....................$ 36.25 27.30
GROUP 4.....................$ 29.94 27.30
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction........$ 36.25 27.30
(2) Establishment Warranty
Period......................$ 29.94 27.30
LABORER (WRECKING - AREA A:)
GROUP 1.....................$ 36.50 27.30
GROUP 2.....................$ 36.35 27.30
Laborers: (GUNITE - AREA A:)
GROUP 1.....................$ 37.46 27.30
GROUP 2.....................$ 36.96 27.30
GROUP 3.....................$ 36.37 27.30
GROUP 4.....................$ 36.25 27.30
FOOTNOTES:
Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers
entitled to receive the wage rate set forth in Group 1-a below.
---------------------------------------------------------
LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small
trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement;
Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter;
Dri-pak-it machine; Faller, logloader and bucker; Form
raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 61 of 130 EXHIBIT 2 972
type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying,
dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.
GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work
performed on underground structures not specifically
covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall
apply to cut and cover work of subway construction after the temporary cover has been placed.
GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the
depth of the footing is unknown at the commencement of
excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception.
GROUP 1-f: Wire winding machine in connection with guniting or shot crete
Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 62 of 130 EXHIBIT 2 973
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:
A: at demolition site for the salvage of the material.
B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.
C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.
The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"".
--------------------------------------------------------
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman
GROUP 2: Nozzleman, Gunman, Potman, Groundman
GROUP 3: Reboundman
GROUP 4: Gunite laborer
----------------------------------------------------------
WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
---------------------------------------------------------------- LABO0261-011 07/01/2023
SAN FRANCISCO AND SAN MATEO COUNTIES:
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 63 of 130 EXHIBIT 2 974
Rates Fringes
MASON TENDER, BRICK..............$ 37.05 27.45
FOOTNOTES: Underground work such as sewers, manholes, catch basins, sewer pipes, telephone conduits, tunnels and cut trenches: $5.00 per day additional. Work in live sewage:
$2.50 per day additional.
---------------------------------------------------------------- LABO0261-014 07/01/2023
SAN FRANCISCO AND SAN MATEO COUNTIES:
Rates Fringes
PLASTER TENDER...................$ 41.93 30.32
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0270-003 07/01/2023
AREA A: SANTA CLARA
AREA B: MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person
Area A.....................$ 37.26 27.30
Area B.....................$ 36.26 27.30
Traffic Control Person I
Area A.....................$ 37.56 27.30
Area B.....................$ 36.56 27.30
Traffic Control Person II
Area A.....................$ 35.06 27.30
Area B.....................$ 34.06 27.30
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.
TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
---------------------------------------------------------------- LABO0270-004 06/26/2023
MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 45.89 27.72
GROUP 2.....................$ 45.66 27.72
GROUP 3.....................$ 45.41 27.72
GROUP 4.....................$ 44.96 27.72
GROUP 5.....................$ 44.42 27.72
Shotcrete Specialist........$ 46.41 27.72
TUNNEL AND SHAFT CLASSIFICATIONS
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 64 of 130 EXHIBIT 2 975
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO0270-005 07/01/2023
MONTEREY AND SAN BENITO COUNTIES
Rates Fringes
LABORER
Mason Tender-Brick..........$ 36.29 25.55
---------------------------------------------------------------- LABO0270-007 06/26/2023
MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA B)
Construction Specialist
Group.......................$ 36.20 27.30
GROUP 1.....................$ 35.50 27.30
GROUP 1-a...................$ 35.72 27.30
GROUP 1-c...................$ 35.55 27.30
GROUP 1-e...................$ 36.05 27.30
GROUP 1-f...................$ 36.08 27.30
GROUP 2.....................$ 35.35 27.30
GROUP 3.....................$ 35.25 27.30
GROUP 4.....................$ 28.94 27.30
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA B)
(1) New Construction........$ 35.25 27.30
(2) Establishment Warranty
Period......................$ 28.94 27.30
LABORER (GUNITE - AREA B)
GROUP 1.....................$ 36.46 27.30
GROUP 2.....................$ 35.96 27.30
GROUP 3.....................$ 35.37 27.30
GROUP 4.....................$ 35.25 27.30
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 65 of 130 EXHIBIT 2 976
LABORER (WRECKING - AREA B)
GROUP 1.....................$ 35.50 27.30
GROUP 2.....................$ 35.35 27.30
FOOTNOTES:
Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers
entitled to receive the wage rate set forth in Group 1-a below.
---------------------------------------------------------
LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small
trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement;
Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter;
Dri-pak-it machine; Faller, logloader and bucker; Form
raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying,
dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 66 of 130 EXHIBIT 2 977
such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.
GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work
performed on underground structures not specifically
covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall
apply to cut and cover work of subway construction after the temporary cover has been placed.
GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the
depth of the footing is unknown at the commencement of
excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception.
GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:
A: at demolition site for the salvage of the material.
B: at the conclusion of a job where the material is to be Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 67 of 130 EXHIBIT 2 978
salvaged and stocked to be reused on another job.
C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.
The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"".
--------------------------------------------------------
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman
GROUP 2: Nozzleman, Gunman, Potman, Groundman
GROUP 3: Reboundman
GROUP 4: Gunite laborer
----------------------------------------------------------
WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
---------------------------------------------------------------- LABO0270-010 06/26/2023
SANTA CLARA COUNTY
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group.......................$ 37.20 27.30
GROUP 1.....................$ 36.50 27.30
GROUP 1-a...................$ 36.72 27.30
GROUP 1-c...................$ 36.55 27.30
GROUP 1-e...................$ 37.05 27.30
GROUP 1-f...................$ 37.08 27.30
GROUP 2.....................$ 36.35 27.30
GROUP 3.....................$ 36.25 27.30
GROUP 4.....................$ 29.94 27.30
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction........$ 36.25 27.30
(2) Establishment Warranty
Period......................$ 29.94 27.30
LABORER (GUNITE - AREA A:)
GROUP 1.....................$ 37.46 27.30
GROUP 2.....................$ 36.96 27.30
GROUP 3.....................$ 36.37 27.30
GROUP 4.....................$ 36.25 27.30
LABORER (WRECKING - AREA A:)
GROUP 1.....................$ 36.50 27.30
GROUP 2.....................$ 36.35 27.30
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 68 of 130 EXHIBIT 2 979
FOOTNOTES:
Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers
entitled to receive the wage rate set forth in Group 1-a below.
---------------------------------------------------------
LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small
trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement;
Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter;
Dri-pak-it machine; Faller, logloader and bucker; Form
raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying,
dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 69 of 130 EXHIBIT 2 980
Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.
GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work
performed on underground structures not specifically
covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall
apply to cut and cover work of subway construction after the temporary cover has been placed.
GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the
depth of the footing is unknown at the commencement of
excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception.
GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:
A: at demolition site for the salvage of the material.
B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.
C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.
Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 70 of 130 EXHIBIT 2 981
The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"".
--------------------------------------------------------
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman
GROUP 2: Nozzleman, Gunman, Potman, Groundman
GROUP 3: Reboundman
GROUP 4: Gunite laborer
----------------------------------------------------------
WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
---------------------------------------------------------------- LABO0270-011 07/01/2023
MONTEREY, SAN BENITO, SANTA CRUZ, SANTA CLARA COUNTIES
Rates Fringes
LABORER (Plaster Tender).........$ 40.68 29.68
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0294-001 07/01/2023
FRESNO, KINGS AND MADERA COUNTIES
Rates Fringes
LABORER (Brick)
Mason Tender-Brick..........$ 36.29 25.55
---------------------------------------------------------------- LABO0294-002 07/01/2023
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 36.26 27.30
Traffic Control Person I....$ 36.56 27.30
Traffic Control Person II...$ 34.06 27.30
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.
TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 71 of 130 EXHIBIT 2 982
---------------------------------------------------------------- LABO0294-005 06/26/2023
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 45.89 27.72
GROUP 2.....................$ 45.66 27.72
GROUP 3.....................$ 45.41 27.72
GROUP 4.....................$ 44.96 27.72
GROUP 5.....................$ 44.42 27.72
Shotcrete Specialist........$ 46.41 27.72
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO0294-008 06/26/2023
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA B:)
Construction Specialist
Group.......................$ 36.20 27.30
GROUP 1.....................$ 35.50 27.30
GROUP 1-a...................$ 35.72 27.30
GROUP 1-c...................$ 35.55 27.30
GROUP 1-e...................$ 36.05 27.30
GROUP 1-f...................$ 36.08 27.30
GROUP 2.....................$ 35.35 27.30
GROUP 3.....................$ 35.25 27.30
GROUP 4.....................$ 28.94 27.30
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA B:)
(1) New Construction........$ 35.25 27.30
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 72 of 130 EXHIBIT 2 983
(2) Establishment Warranty
Period......................$ 28.94 27.30
LABORER (GUNITE - AREA B:)
GROUP 1.....................$ 36.46 27.30
GROUP 2.....................$ 35.96 27.30
GROUP 3.....................$ 35.37 27.30
GROUP 4.....................$ 35.25 27.30
LABORER (WRECKING - AREA B:)
GROUP 1.....................$ 35.50 27.30
GROUP 2.....................$ 35.35 27.30
FOOTNOTES:
Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers
entitled to receive the wage rate set forth in Group 1-a below.
---------------------------------------------------------
LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small
trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement;
Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter;
Dri-pak-it machine; Faller, logloader and bucker; Form
raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying,
dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 73 of 130 EXHIBIT 2 984
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.
GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work
performed on underground structures not specifically
covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall
apply to cut and cover work of subway construction after the temporary cover has been placed.
GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the
depth of the footing is unknown at the commencement of
excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception.
GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 74 of 130 EXHIBIT 2 985
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:
A: at demolition site for the salvage of the material.
B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.
C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.
The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"".
--------------------------------------------------------
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman
GROUP 2: Nozzleman, Gunman, Potman, Groundman
GROUP 3: Reboundman
GROUP 4: Gunite laborer
----------------------------------------------------------
WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
---------------------------------------------------------------- LABO0294-010 07/01/2023
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN
JOAQUIN, STANISLAUS & TUOLUMNE
Rates Fringes
Plasterer tender.................$ 39.77 28.54
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0294-011 07/01/2023
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
LABORER (Plaster Tender).........$ 39.77 28.54
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0304-002 07/01/2023
ALAMEDA COUNTY
Rates Fringes
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 75 of 130 EXHIBIT 2 986
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 37.26 27.30
Traffic Control Person I....$ 37.56 27.30
Traffic Control Person II...$ 35.06 27.30
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.
TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
---------------------------------------------------------------- LABO0304-003 06/26/2023
ALAMEDA COUNTY
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 45.89 27.72
GROUP 2.....................$ 45.66 27.72
GROUP 3.....................$ 45.41 27.72
GROUP 4.....................$ 44.96 27.72
GROUP 5.....................$ 44.42 27.72
Shotcrete Specialist........$ 46.41 27.72
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO0304-004 06/26/2023
ALAMEDA COUNTY
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 76 of 130 EXHIBIT 2 987
Group.......................$ 37.20 27.30
GROUP 1.....................$ 36.50 27.30
GROUP 1-a...................$ 36.72 27.30
GROUP 1-c...................$ 36.55 27.30
GROUP 1-e...................$ 37.05 27.30
GROUP 1-f...................$ 37.08 27.30
GROUP 2.....................$ 36.35 27.30
GROUP 3.....................$ 36.25 27.30
GROUP 4.....................$ 29.94 27.30
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction........$ 36.25 27.30
(2) Establishment Warranty
Period......................$ 29.94 27.30
LABORER (GUNITE - AREA A:)
GROUP 1.....................$ 37.46 27.30
GROUP 2.....................$ 36.96 27.30
GROUP 3.....................$ 36.37 27.30
GROUP 4.....................$ 36.25 27.30
LABORER (WRECKING - AREA A:)
GROUP 1.....................$ 36.50 27.30
GROUP 2.....................$ 36.35 27.30
FOOTNOTES:
Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers
entitled to receive the wage rate set forth in Group 1-a below.
---------------------------------------------------------
LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small
trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement;
Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter;
Dri-pak-it machine; Faller, logloader and bucker; Form
raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying,
dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in
Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 77 of 130 EXHIBIT 2 988
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.
GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work
performed on underground structures not specifically
covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall
apply to cut and cover work of subway construction after the temporary cover has been placed.
GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the
depth of the footing is unknown at the commencement of
excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception.
GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 78 of 130 EXHIBIT 2 989
shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:
A: at demolition site for the salvage of the material.
B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.
C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.
The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"".
--------------------------------------------------------
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman
GROUP 2: Nozzleman, Gunman, Potman, Groundman
GROUP 3: Reboundman
GROUP 4: Gunite laborer
----------------------------------------------------------
WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
---------------------------------------------------------------- LABO0304-005 07/01/2023
ALAMEDA COUNTY
Rates Fringes
Brick Tender.....................$ 37.05 27.45
FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional. ---------------------------------------------------------------- Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 79 of 130 EXHIBIT 2 990
LABO0304-008 07/01/2023
ALAMEDA AND CONTRA COSTA COUNTIES:
Rates Fringes
Plasterer tender.................$ 41.93 30.32
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0324-002 07/01/2023
CONTRA COSTA COUNTY
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 37.26 27.30
Traffic Control Person I....$ 37.56 27.30
Traffic Control Person II...$ 35.06 27.30
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.
TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
---------------------------------------------------------------- LABO0324-006 06/26/2023
CONTRA COSTA COUNTY
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 45.89 27.72
GROUP 2.....................$ 45.66 27.72
GROUP 3.....................$ 45.41 27.72
GROUP 4.....................$ 44.96 27.72
GROUP 5.....................$ 44.42 27.72
Shotcrete Specialist........$ 46.41 27.72
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 80 of 130 EXHIBIT 2 991
muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO0324-012 06/26/2023
CONTRA COSTA COUNTY
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group.......................$ 37.20 27.30
GROUP 1.....................$ 36.50 27.30
GROUP 1-a...................$ 36.72 27.30
GROUP 1-c...................$ 36.55 27.30
GROUP 1-e...................$ 37.05 27.30
GROUP 1-f...................$ 37.08 27.30
GROUP 1-g...................$ 36.70 27.30
GROUP 2.....................$ 36.35 27.30
GROUP 3.....................$ 36.25 27.30
GROUP 4.....................$ 29.94 27.30
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction........$ 36.25 27.30
(2) Establishment Warranty
Period......................$ 29.94 27.30
LABORER (GUNITE - AREA A:)
GROUP 1.....................$ 37.46 27.30
GROUP 2.....................$ 36.96 27.30
GROUP 3.....................$ 36.37 27.30
GROUP 4.....................$ 36.25 27.30
LABORER (WRECKING - AREA A:)
GROUP 1.....................$ 36.50 27.30
GROUP 2.....................$ 36.35 27.30
FOOTNOTES:
Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers
entitled to receive the wage rate set forth in Group 1-a below.
---------------------------------------------------------
LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small
trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement;
Compactors of all types; Concrete and magnesite mixer, 1/2 Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 81 of 130 EXHIBIT 2 992
yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter;
Dri-pak-it machine; Faller, logloader and bucker; Form
raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying,
dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.
GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work
performed on underground structures not specifically
covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall
apply to cut and cover work of subway construction after the temporary cover has been placed.
GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the
depth of the footing is unknown at the commencement of
excavation, and the final depth exceeds 15 feet, the deep Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 82 of 130 EXHIBIT 2 993
footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception.
GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:
A: at demolition site for the salvage of the material.
B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.
C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.
The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"".
--------------------------------------------------------
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman
GROUP 2: Nozzleman, Gunman, Potman, Groundman
GROUP 3: Reboundman
GROUP 4: Gunite laborer
---------------------------------------------------------- Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 83 of 130 EXHIBIT 2 994
WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters
---------------------------------------------------------------- LABO0324-014 07/01/2023
CONTRA COSTA COUNTY:
Rates Fringes
Brick Tender.....................$ 37.05 27.45
FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional. ---------------------------------------------------------------- LABO0324-018 07/01/2023
ALAMEDA AND CONTRA COSTA COUNTIES:
Rates Fringes
Plasterer tender.................$ 41.93 30.32
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO1130-002 07/01/2023
MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 36.26 27.30
Traffic Control Person I....$ 36.56 27.30
Traffic Control Person II...$ 34.06 27.30
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.
TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
---------------------------------------------------------------- LABO1130-003 06/26/2023
MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 84 of 130 EXHIBIT 2 995
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 45.89 27.72
GROUP 2.....................$ 45.66 27.72
GROUP 3.....................$ 45.41 27.72
GROUP 4.....................$ 44.96 27.72
GROUP 5.....................$ 44.42 27.72
Shotcrete Specialist........$ 46.41 27.72
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO1130-005 07/01/2023
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
LABORER
Mason Tender-Brick..........$ 36.29 25.55
---------------------------------------------------------------- LABO1130-007 06/26/2023
MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE , COUNTIES
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA B:)
Construction Specialist
Group.......................$ 36.20 27.30
GROUP 1.....................$ 35.50 27.30
GROUP 1-a...................$ 35.72 27.30
GROUP 1-c...................$ 35.55 27.30
GROUP 1-e...................$ 36.05 27.30
GROUP 1-f...................$ 36.08 27.30
GROUP 2.....................$ 35.35 27.30
GROUP 3.....................$ 35.25 27.30
GROUP 4.....................$ 28.94 27.30
See groups 1-b and 1-d under laborer classifications.
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 85 of 130 EXHIBIT 2 996
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA B:)
(1) New Construction........$ 35.25 27.30
(2) Establishment Warranty
Period......................$ 28.94 27.30
LABORER (GUNITE - AREA B:)
GROUP 1.....................$ 36.46 27.30
GROUP 2.....................$ 35.96 27.30
GROUP 3.....................$ 35.37 27.30
GROUP 4.....................$ 35.25 27.30
LABORER (WRECKING - AREA B:)
GROUP 1.....................$ 35.50 27.30
GROUP 2.....................$ 35.35 27.30
FOOTNOTES:
Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers
entitled to receive the wage rate set forth in Group 1-a below.
---------------------------------------------------------
LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small
trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement;
Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter;
Dri-pak-it machine; Faller, logloader and bucker; Form
raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying,
dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 86 of 130 EXHIBIT 2 997
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.
GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work
performed on underground structures not specifically
covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall
apply to cut and cover work of subway construction after the temporary cover has been placed.
GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the
depth of the footing is unknown at the commencement of
excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception.
GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 87 of 130 EXHIBIT 2 998
track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:
A: at demolition site for the salvage of the material.
B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.
C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.
The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"".
--------------------------------------------------------
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman
GROUP 2: Nozzleman, Gunman, Potman, Groundman
GROUP 3: Reboundman
GROUP 4: Gunite laborer
----------------------------------------------------------
WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
---------------------------------------------------------------- LABO1130-008 07/01/2023
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN
JOAQUIN, STANISLAUS & TUOLUMNE
Rates Fringes
Plasterer tender.................$ 39.77 28.54
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO1130-009 07/01/2023
MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes
LABORER (Plaster Tender).........$ 39.77 28.54
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0016-001 01/01/2025
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 88 of 130 EXHIBIT 2 999
ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN MATEO, SANTA
CLARA, AND SANTA CRUZ COUNTIES
Rates Fringes
Painters:........................$ 53.38 28.04
PREMIUMS:
EXOTIC MATERIALS - $1.25 additional per hour.
SPRAY WORK: - $0.50 additional per hour.
INDUSTRIAL PAINTING - $0.25 additional per hour
[Work on industrial buildings used for the manufacture and processing of goods for sale or service; steel construction (bridges), stacks, towers, tanks, and similar structures] HIGH WORK:
over 50 feet - $2.00 per hour additional
100 to 180 feet - $4.00 per hour additional
Over 180 feet - $6.00 per houir additional
---------------------------------------------------------------- PAIN0016-003 01/01/2025
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA
CLARA COUNTIES
AREA 2: CALAVERAS, MARIPOA, MERCED, MONTEREY, SAN BENITO, SAN
JOAQUIN, SANTA CRUZ, STANISLAUS & TUOLUMNE COUNTIES
Rates Fringes
Drywall Finisher/Taper
AREA 1......................$ 63.76 32.69
AREA 2......................$ 59.63 31.29
---------------------------------------------------------------- PAIN0016-012 01/01/2024
ALAMEDA, CONTRA COSTA, MARIPOSA, MERCED, MONTEREY, SAN BENITO,
SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES Rates Fringes
SOFT FLOOR LAYER.................$ 59.00 33.03
---------------------------------------------------------------- PAIN0016-015 01/01/2025
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE
COUNTIES
Rates Fringes
PAINTER
Brush.......................$ 43.45 22.80
FOOTNOTES:
SPRAY/SANDBLAST: $0.50 additional per hour.
EXOTIC MATERIALS: $1.25 additional per hour.
HIGH TIME: Over 50 ft above ground or water level $2.00 additional per hour. 100 to 180 ft above ground or water Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 89 of 130 EXHIBIT 2 1000
level $4.00 additional per hour. Over 180 ft above ground or water level $6.00 additional per hour.
---------------------------------------------------------------- PAIN0016-022 01/01/2025
SAN FRANCISCO COUNTY
Rates Fringes
PAINTER..........................$ 57.00 28.04
---------------------------------------------------------------- PAIN0169-001 01/01/2023
FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES:
Rates Fringes
GLAZIER..........................$ 44.33 28.88
---------------------------------------------------------------- PAIN0169-005 01/01/2024
ALAMEDA CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN
MATEO, SANTA CLARA & SANTA CRUZ COUNTIES
Rates Fringes
GLAZIER..........................$ 56.22 34.00
---------------------------------------------------------------- PAIN0294-004 07/01/2023
FRESNO, KINGS AND MADERA COUNTIES
Rates Fringes
PAINTER
Brush, Roller...............$ 34.49 21.80
Drywall Finisher/Taper......$ 35.74 21.80
FOOTNOTE:
Spray Painters & Paperhangers recive $1.00 additional per hour. Painters doing Drywall Patching receive $1.25
additional per hour. Lead Abaters & Sandblasters receive $1.50 additional per hour. High Time - over 30 feet (does not include work from a lift) $0.75 per hour additional. ---------------------------------------------------------------- PAIN0294-005 01/01/2023
FRESNO, KINGS & MADERA
Rates Fringes
SOFT FLOOR LAYER.................$ 38.53 23.19
---------------------------------------------------------------- PAIN0767-001 01/01/2024
CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
GLAZIER..........................$ 43.25 35.62
PAID HOLIDAYS: New Year's Day, Martin Luther King, Jr. Day, Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 90 of 130 EXHIBIT 2 1001
President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day.
Employee required to wear a body harness shall receive $1.50 per hour above the basic hourly rate at any elevation.
---------------------------------------------------------------- PAIN1176-001 07/01/2022
HIGHWAY IMPR0VEMENT
Rates Fringes
Parking Lot Striping/Highway
Marking:
GROUP 1.....................$ 40.83 17.62
GROUP 2.....................$ 34.71 17.62
GROUP 3.....................$ 35.11 17.62
CLASSIFICATIONS
GROUP 1: Striper: Layout and application of painted traffic stripes and marking; hot thermo plastic; tape, traffic
stripes and markings
GROUP 2: Gamecourt & Playground Installer
GROUP 3: Protective Coating, Pavement Sealing
---------------------------------------------------------------- PAIN1237-003 01/01/2024
CALAVERAS; SAN JOAQUIN COUNTIES; STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
SOFT FLOOR LAYER.................$ 48.54 26.59
---------------------------------------------------------------- PLAS0066-002 07/01/2019
ALAMEDA, CONTRA COSTA, SAN MATEO AND SAN FRANCISCO COUNTIES:
Rates Fringes
PLASTERER........................$ 42.41 30.73
---------------------------------------------------------------- PLAS0300-001 07/01/2018
Rates Fringes
PLASTERER
AREA 188: Fresno...........$ 32.70 31.68
AREA 224: San Benito,
Santa Clara, Santa Cruz.....$ 32.88 31.68
AREA 295: Calaveras & San
Joaquin Couonties...........$ 32.70 31.68
AREA 337: Monterey County..$ 32.88 31.68
AREA 429: Mariposa,
Merced, Stanislaus,
Tuolumne Counties...........$ 32.70 31.68
---------------------------------------------------------------- PLAS0300-005 07/01/2016
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 91 of 130 EXHIBIT 2 1002
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 32.15 23.27
---------------------------------------------------------------- PLUM0038-001 07/01/2023
SAN FRANCISCO COUNTY
Rates Fringes
PLUMBER (Plumber,
Steamfitter, Refrigeration
Fitter)..........................$ 85.50 48.98
---------------------------------------------------------------- PLUM0038-005 07/01/2025
SAN FRANCISCO COUNTY
Rates Fringes
Landscape/Irrigation Fitter
(Underground/Utility Fitter).....$ 77.35 36.53
---------------------------------------------------------------- * PLUM0062-001 01/01/2026
MONTEREY AND SANTA CRUZ COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 57.75 43.60
---------------------------------------------------------------- PLUM0159-001 07/01/2025
CONTRA COSTA COUNTY
Rates Fringes
Plumber and steamfitter
(1) Refrigeration...........$ 67.68 49.04
(2) All other work..........$ 68.57 49.04
---------------------------------------------------------------- * PLUM0246-001 01/01/2026
FRESNO, KINGS & MADERA COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 54.50 42.54
---------------------------------------------------------------- PLUM0246-004 01/01/2017
FRESNO, MERCED & SAN JOAQUIN COUNIES
Rates Fringes
PLUMBER (PIPE TRADESMAN).........$ 13.00 10.74
PIPE TRADESMAN SCOPE OF WORK:
Installation of corrugated metal piping for drainage, as well as installation of corrugated metal piping for culverts in connection with storm sewers and drains; Grouting, dry
packing and diapering of joints, holes or chases including paving over joints, in piping; Temporary piping for dirt work for building site preparation; Operating jack hammers, pavement breakers, chipping guns, concrete saws and spades Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 92 of 130 EXHIBIT 2 1003
to cut holes, chases and channels for piping systems;
Digging, grading, backfilling and ground preparation for all types of pipe to all points of the jobsite; Ground
preparation including ground leveling, layout and planting of shrubbery, trees and ground cover, including watering, mowing, edging, pruning and fertilizing, the breaking of concrete, digging, backfilling and tamping for the
preparation and completion of all work in connection with lawn sprinkler and landscaping; Loading, unloading and
distributing materials at jobsite; Putting away materials in storage bins in jobsite secure storage area; Demolition of piping and fixtures for remodeling and additions;
Setting up and tearing down work benches, ladders and job shacks; Clean-up and sweeping of jobsite; Pipe wrapping and waterproofing where tar or similar material is applied for protection of buried piping; Flagman
---------------------------------------------------------------- PLUM0342-001 07/01/2025
ALAMEDA & CONTRA COSTA COUNTIES
Rates Fringes
PIPEFITTER
CONTRA COSTA COUNTY.........$ 80.50 50.45
PLUMBER, PIPEFITTER,
STEAMFITTER
ALAMEDA COUNTY..............$ 80.50 50.45
---------------------------------------------------------------- PLUM0355-004 07/01/2025
ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA,
MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE COUNTIES:
Rates Fringes
Underground Utility Worker
/Landscape Fitter...........$ 36.01 18.50
---------------------------------------------------------------- PLUM0393-001 07/01/2021
SAN BENITO AND SANTA CLARA COUNTIES
Rates Fringes
PLUMBER/PIPEFITTER...............$ 68.76 46.63
---------------------------------------------------------------- * PLUM0442-001 01/01/2026
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE
COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 58.45 38.74
---------------------------------------------------------------- PLUM0467-001 07/01/2025
SAN MATEO COUNTY
Rates Fringes
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 93 of 130 EXHIBIT 2 1004
Plumber/Pipefitter/Steamfitter...$ 87.75 41.44
---------------------------------------------------------------- ROOF0027-002 09/01/2024
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
ROOFER...........................$ 45.76 16.86
FOOTNOTE: Work with pitch, pitch base of pitch impregnated products or any material containing coal tar pitch, on any building old or new, where both asphalt and pitchers are used in the application of a built-up roof or tear off:
$2.00 per hour additional.
---------------------------------------------------------------- ROOF0040-002 08/01/2024
SAN FRANCISCO & SAN MATEO COUNTIES:
Rates Fringes
ROOFER...........................$ 55.30 22.97
---------------------------------------------------------------- ROOF0081-001 08/01/2024
ALAMEDA AND CONTRA COSTA COUNTIES:
Rates Fringes
Roofer...........................$ 54.94 23.34
---------------------------------------------------------------- ROOF0081-004 08/01/2024
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
ROOFER...........................$ 49.65 22.19
---------------------------------------------------------------- ROOF0095-002 08/01/2023
MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES:
Rates Fringes
ROOFER
Bitumastic, Enameler, Coal
Tar, Pitch and Mastic
worker......................$ 57.17 21.51
Journeyman..................$ 53.17 21.51
Kettle person (2 kettles)...$ 55.17 21.51
---------------------------------------------------------------- * SFCA0483-001 01/01/2026
ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES:
Rates Fringes
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 94 of 130 EXHIBIT 2 1005
SPRINKLER FITTER (FIRE)..........$ 81.54 41.35
---------------------------------------------------------------- SFCA0669-011 04/01/2025
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY,
SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
SPRINKLER FITTER.................$ 49.69 28.42
---------------------------------------------------------------- SHEE0104-001 07/01/2020
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, SANTA CLARA
AREA 2: MONTEREY & SAN BENITO
AREA 3: SANTA CRUZ
Rates Fringes
SHEET METAL WORKER
AREA 1:
Mechanical Contracts
under $200,000.............$ 55.92 45.29
All Other Work.............$ 64.06 46.83
AREA 2......................$ 52.90 36.44
AREA 3......................$ 55.16 34.18
---------------------------------------------------------------- SHEE0104-003 07/01/2021
CALAVERAS AND SAN JOAQUIN COUNTIES:
Rates Fringes
SHEET METAL WORKER...............$ 44.34 39.22
---------------------------------------------------------------- SHEE0104-005 07/01/2021
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
SHEET METAL WORKER (Excluding
metal deck and siding)...........$ 41.28 45.41
---------------------------------------------------------------- SHEE0104-007 07/01/2021
FRESNO, KINGS, AND MADERA COUNTIES:
Rates Fringes
SHEET METAL WORKER...............$ 44.07 40.79
---------------------------------------------------------------- SHEE0104-015 07/01/2020
ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES:
Rates Fringes
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 95 of 130 EXHIBIT 2 1006
SHEET METAL WORKER (Metal
Decking and Siding only).........$ 44.45 35.55
---------------------------------------------------------------- SHEE0104-018 07/01/2020
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
Sheet metal worker (Metal
decking and siding only).........$ 44.45 35.55
---------------------------------------------------------------- TEAM0094-001 07/01/2025
Rates Fringes
Truck drivers:
GROUP 1.....................$ 43.26 34.28
GROUP 2.....................$ 43.56 34.28
GROUP 3.....................$ 43.86 34.28
GROUP 4.....................$ 44.21 34.28
GROUP 5.....................$ 44.56 34.28
FOOTNOTES:
Articulated dump truck; Bulk cement spreader (with or without auger); Dumpcrete truck; Skid truck (debris box); Dry
pre-batch concrete mix trucks; Dumpster or similar type; Slurry truck: Use dump truck yardage rate.
Heater planer; Asphalt burner; Scarifier burner; Industrial lift truck (mechanical tailgate); Utility and clean-up
truck: Use appropriate rate for the power unit or the
equipment utilized.
TRUCK DRIVER CLASSIFICATIONS
GROUP 1: Dump trucks, under 6 yds.; Single unit flat rack (2- axle unit); Nipper truck (when flat rack truck is used
appropriate flat rack shall apply); Concrete pump truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump machine; Fork lift and lift jitneys; Fuel and/or grease truck driver or fuel person; Snow buggy; Steam cleaning; Bus or personhaul driver; Escort or pilot car driver; Pickup truck; Teamster oiler/greaser and/or serviceperson; Hook tender (including loading and
unloading); Team driver; Tool room attendant (refineries) GROUP 2: Dump trucks, 6 yds. and under 8 yds.; Transit
mixers, through 10 yds.; Water trucks, under 7,000 gals.; Jetting trucks, under 7,000 gals.; Single-unit flat rack (3-axle unit); Highbed heavy duty transport; Scissor truck; Rubber-tired muck car (not self-loaded); Rubber-tired truck jumbo; Winch truck and ""A"" frame drivers; Combination winch truck with hoist; Road oil truck or bootperson;
Buggymobile; Ross, Hyster and similar straddle carriers; Small rubber-tired tractor
GROUP 3: Dump trucks, 8 yds. and including 24 yds.; Transit mixers, over 10 yds.; Water trucks, 7,000 gals. and over; Jetting trucks, 7,000 gals. and over; Vacuum trucks under 7500 gals. Trucks towing tilt bed or flat bed pull
trailers; Lowbed heavy duty transport; Heavy duty transport Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 96 of 130 EXHIBIT 2 1007
tiller person; Self- propelled street sweeper with
self-contained refuse bin; Boom truck - hydro-lift or
Swedish type extension or retracting crane; P.B. or similar type self-loading truck; Tire repairperson; Combination bootperson and road oiler; Dry distribution truck (A
bootperson when employed on such equipment, shall receive the rate specified for the classification of road oil
trucks or bootperson); Ammonia nitrate distributor, driver and mixer; Snow Go and/or plow
GROUP 4: Dump trucks, over 25 yds. and under 65 yds.; Water pulls - DW 10's, 20's, 21's and other similar equipment when pulling Aqua/pak or water tank trailers; Helicopter pilots (when transporting men and materials); Lowbedk Heavy Duty Transport up to including 7 axles; DW10's, 20's, 21's and other similar Cat type, Terra Cobra, LeTourneau Pulls, Tournorocker, Euclid and similar type equipment when
pulling fuel and/or grease tank trailers or other
miscellaneous trailers; Vacuum Trucks 7500 gals and over and truck repairman
GROUP 5: Dump trucks, 65 yds. and over; Holland hauler; Low bed Heavy Duty Transport over 7 axles
---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.
Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis-Bacon Related Acts regardless of when they were awarded.
If a contract is subject to Executive Order 13658, the
contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage
determination, if it is higher) for all hours spent performing on the contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at
www.dol.gov/whd/govcontracts.
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 97 of 130 EXHIBIT 2 1008
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).
---------------------------------------------------------------- The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.
Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 98 of 130 EXHIBIT 2 1009
classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.
-----------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to [email protected] or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to [email protected] or by mail to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the Letter of Clarification No. 3 - January 15, 2026EXHIBIT D Page 99 of 130 EXHIBIT 2 1010
decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via email to [email protected] or by mail to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210.
================================================================ END OF GENERAL DECISION"
Letter of Clarification No. 3 - January 15, 2026 EXHIBIT D Page 100 of 130 EXHIBIT 2 1011
APPENDIX A of the Title VI Assurances
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment.
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.
Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
EXHIBIT E Page 101 of 130 EXHIBIT 2
1012
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part. Page 34 of 39 May 2023 Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language
f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
EXHIBIT E Page 102 of 130 EXHIBIT 2
1013