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97 ARTICLE 50. PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of the City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any Building Officialing, inspection, construction or material supply contract or any subcontract in connection with construction of the Work, shall be or become directly or indirectly interested financially in the Contract.
ARTICLE 51. LAWS AND REGULATIONS
a. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify the City in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in Work. If Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the City, he shall bear all costs arising therefrom.
b. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Contractor shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable. c. Contractor acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract.
ARTICLE 52. PATENT FEES OR ROYALTIES.
The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with the Work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents, employees and representatives from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use.
ARTICLE 53. NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.
ARTICLE 54. CARB FLEET COMPLIANCE
a. To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air
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98 Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
b. Throughout Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, the CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City. c. Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.
END OF GENERAL CONDITIONS
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99 SECTION 700 - SPECIAL CONDITIONS
A. THE REQUIREMENTS: All work embraced herein shall be accomplished in accordance with the applicable portions of the “Standard Specifications for Public Works Construction,” latest edition, and all subsequent supplements herein referred to as “Standard Specifications,” except as modified by these Special Provisions and the Project Plans.
In addition to the above, the Contractor shall comply with the requirements of the following:
(a) Notice Inviting Sealed Bids
(b) Instructions to Bidders
(c) Proposal
(d) Bid Bond
(e) Information Required of Bidders
(f) Contract
(g) Faithful Performance Bond
(h) Labor and Material Bond
B. DEFINITION OF TERMS: Wherever in the "Standard Specifications" terms are used, they shall be understood to mean and refer to the following:
Agency & Owner - City of Twentynine Palms
Board - City Council, City of Twentynine Palms
Building Official - The City Building Official, acting either directly or through the properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
Notice to Contractors - Notice Inviting Sealed Bids
C. PROJECT PLANS: The location of the work, its general nature, extent, form and detail of the various features are listed as a part of these specifications.
D. SCOPE OF WORK: The awarded contractor will provide all necessary tools, labor, and equipment to renovate the single-family home located at 6937 Elm Avenue in Twentynine Palms. The scope includes demolition, electrical and plumbing upgrades, installation of new cabinetry, flooring, drywall repair, painting, and finish carpentry.
E. NOTICE TO PROCEED: Upon award of this contract and signing the contract documents, the City shall issue the Contractor a Notice to Proceed.
The work on this project shall commence within 10 calendar days of the Notice to Proceed and be completed within 30 working days. Working days will be counted from the date of the Notice to Proceed. Working days are defined as any day that City offices are open for business.
The City will not authorize any work to be done under these specifications before the contract agreement has been fully executed; and any work that is done by the contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection by not having been done in the presence of an
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Building Official or Inspector as provided in Section 2-10 of the Standard Specifications.
In the event that the City Building Official shall be of the opinion that the work is being inadequately or improperly executed in any respect, the City Building Official may demand that the Contractor improve or change the execution of the work in such manner as to ensure proper and timely completion.
F. UTILITIES: It is anticipated that the existing utilities will not interfere with the Contractor's construction operations, other than those noted on the improvement plans. However, the Contractor shall exercise due care to ensure that these utility facilities are not damaged during operations. When in doubt, the Contractor shall contact the utility concerned before proceeding further.
G. NOTIFICATION: The Contractor shall give written and reasonable notice to occupants or owners of property adjacent to the construction site at least forty-eight (48) hours prior to the beginning of construction in their respective areas. The notification shall include the date and time of construction activities, parking and traffic access information and requirements, and precautionary information regarding the work to be done. A copy of all notifications shall be submitted to the City Building Official for approval.
At least four (4) working days in advance of street closures, all emergency services, public transportation services, garbage collections services, and school bus services shall be notified by the Contractor in writing of the locations, time and date of the closure. In case of schedule changes, the emergency services, etc., shall be notified by telephone at least two (2) days in advance of the street closure.
H. ACCESS TO DRIVEWAYS: The Contractor shall notify in writing residents of property adjoining the location of the work at least forty-eight (48) hours before the start of construction on that street. The Contractor is responsible for posting "temporary no-parking" signs at least fortyeight (48) hours before using the parking lane for construction purposes. In the case of work requiring excavation of the roadway which may interfere with the use of businesses driveways, suitable provisions shall be made by the Contractor at such time as the exigencies of construction may demand a temporary blocking of said driveways. Efforts shall be made by the Contractor to minimize the duration of said blocking and to notify the residents of this need well in advance.
Further, the Contractor shall provide access to each residential or commercial establishment each evening.
I. STREET CLOSURES: No closure of any street shall be allowed unless prior written permission is obtained from the City Building Official. If permission to close a street is granted then the Contractor is required to notify in writing at least four working days in advance, all emergency services, public transportation services, garbage collection services, and school bus services of the location, time and date of the closure.
J. CONFERENCE: The Contractor shall arrange a pre-construction meeting with the City Building Official which shall be held a minimum of five (5) working days prior to commencement of any work. The Contractor shall have equipment available for inspection by the City Building Official at the time of the pre-construction meeting.
K. PUBLIC CONVENIENCE AND SAFETY:
a) Attention is directed to Part 6 of the Standard Specifications and Part 6 of the California Manual on Uniform Traffic Control Devices (CA MUTCD), published by the California Department of
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Transportation.
b) WARNING AND PROTECTION DEVICES: The Contractor will be responsible for providing, placing and maintaining approved signs, barricades, pedestals, flashers, delineators, fences, barriers and flagmen where needed, and other necessary facilities in the vicinity of the construction area and where any dangerous conditions may be encountered as a result thereof, for the protection of the motoring public. The Contractor will not be allowed to proceed with the work until such time that a sufficient number of these protection devices have been delivered to the project site. Where parked vehicles are likely to interfere with the proposed work, the Contractor will supply and post at no less than two-hundred (200) foot intervals on each side of the street "Temporary No Parking" signs twenty-four (24) hours before the start of construction and to report the time of posting to the City's Police Department for the purpose of establishing "Tow Away" provisions. The Contractor shall be responsible for the removal of the temporary signs upon the completion of the work.
Should the Contractor appear neglectful or negligent in furnishing warning and protection devices as outlined above, the City Building Official may direct attention to the existence of a hazard and the necessity of additional or different measures which shall be furnished and installed by the Contractor at its own expense, free of any cost to the City. Should the Contractor refuse or fail to act in a timely manner to correct a hazardous condition, the City Building Official may direct City forces to provide the necessary protective and warning devices as deemed appropriate by the City Building Official.
The cost accrued by the City in connection therewith will be deducted from the Contractor's contract payment. Any action or inaction on the part of the City in directing attention to the inadequacy of warning and protective measures or in providing additional protective and warning devices shall not relieve the Contractor from responsibility for public safety or abrogate its obligation to furnish and pay for these devices.
The Contractor shall submit its work schedule and traffic control plans to the City Building Official for approval at the pre-construction conference. This schedule shall allow residents, on the streets to be improved, ample "on street" parking within an eight-hundred (800) foot distance from their homes.
L. SANITARY CONVENIENCE: Necessary sanitary facilities for the use of workers on the job shall be provided and maintained in an approved manner by the Contractor, properly secluded from public observation and in compliance with health ordinances and laws, and their use shall be strictly enforced by the Contractor.
M. CONSTRUCTION YARD: It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such sites either located on public or private property must be approved in advance by the City Building Official.
When storage sites are to be located upon private property, the Contractor shall be required to submit to the City Building Official, written approval from the record owner authorizing the use of the property by the Contractor.
N. CONSTRUCTION METHODS:
General Requirements:
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(a) Utilities - The Contractor shall contact the affected utility companies for information regarding identification, location, and depth of underground utilities. (b) Existing Surveying Monuments - The Contractor’s Licensed Land Surveyor or pre-1982 Civil Building Official shall reference and protect all centerline monuments within the project limits.
The survey monuments shall not be disturbed unless required by the construction of the proposed improvements. The Contractor shall coordinate the removal of any survey monuments with the City Building Official. The re-establishing of the survey monuments once the construction has been completed will be the responsibility of the Contractor. All documentation with regard to referencing all affected monuments shall be submitted to the City prior to commencement of construction and all documentation with regard to the re-establishing of all monuments shall be submitted to the City prior to final approval of the project. (c) Preservation of Property - Existing improvements in areas adjoining the property whereon demolition and removal is being performed shall be protected from injury or damage resulting from operations of the Contractor and the Contractor shall be responsible for such damage. In like manner any building, structure, tree, shrub, landscaping, or other item designated for preservation on the property where demolition and removal are being performed shall be similarly protected and preserved.
(d) Dust Control - The Contractor shall provide such dust laying equipment and methods as may be required to protect adjacent property from annoyance or damage from dust caused by operations, and failure to control such dust shall be cause for the Building Official to stop the work until said dust is controlled, and the Contractor shall have no recourse to collect from the City for any loss of time or expense sustained by him due to such suspension of work. (e) Selected Materials - Existing materials excavated within the project limits that meet the specifications for trench backfill, topsoil, or other selected materials may be used to fulfill all or a portion of the requirements for such materials. No additional compensation will be allowed for excavation, stockpiling, overhaul, or placing selected materials encountered in the excavation. (f) Surplus Materials - The Contractor shall provide written consent from the owner of the property where it is intended to dispose of the surplus material. Surplus excavation shall become the property of the Contractor.
(g) Furnishing and Applying Water - Furnishing and applying water shall be considered as included in the bid price paid for the various contract items of work requiring such water and no additional compensation will be made.
(h) Compaction Testing: – The expense of the initial testing shall be borne by the City. The expense of any re-testing required by the City, if the initial compaction does not meet the required specifications shall be borne by the Contractor. All other material testing shall be borne by the Contractor.
(i) Construction Methods - Provide necessary labor, equipment, and materials to construct a concrete transit bus pad, concrete curb, concrete sidewalk, relocate existing bus shelter, and associated work in accordance with the project plans, standard specifications, special provisions, and as directed by the City Building Official.
(j) Measurement and Payment - The Cost of all work as described above in (a) through (i) shall be included in the contract unit prices bid for the various items of work requiring such work,
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and no additional compensation will be allowed.
END OF SPECIAL CONDITIONS
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TECHNICAL SPECIFICATIONS
THE FOLLOWING TECHNICAL SPECIFICATIONS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:
1. Latest Edition- Greenbook: Standard Plans and Specifications for Public Works Construction (Except Part 1, any portions of Sections 1-9 that are in direct conflict with the City’s Contract and these specifications)
2. County of San Bernardino Standard Plans (Latest Edition)
3. CALTRANS Standard Plans and Specifications (Latest Edition) (Except Division 1) PART 1 GENERAL
1.1 Scope of Services
It shall be the contractor’s responsibility to provide and furnish all materials, tools, labor and incidentals to complete the work as outlined in the Project Description and as shown in the Specifications and Contract Documents for Elm Avenue Tenant Improvement in the City of Twentynine Palms.
It shall be the Contractor’s responsibility to thoroughly review the project area, familiarize himself with the scope of proposed work and submit the proposal for the work accordingly.
Each respective bid item as shown on the proposal bid form shall comply with the respective section of the most current edition of Standard Specifications for Public Works Construction, its supplements, and any other publication as specified or listed in the General Conditions. If there is a conflict between these inclusions and the Standard Specifications, these inclusions shall have precedence.
1.2 Project Descriptions
The awarded contractor will provide all necessary tools, labor, and equipment to renovate the singlefamily home located at 6937 Elm Avenue in Twentynine Palms. The scope includes demolition, electrical and plumbing upgrades, installation of new cabinetry, flooring, drywall repair, painting, and finish carpentry.
All project work and incidental items to complete the project shall be performed in accordance within the provisions of the contract. All the above improvements are to be constructed in a workmanlike manner, leaving the entire project in a neat and presentable condition.
All work shall be performed during regular hours (7:00 AM – 5:00 PM), unless night work is specifically requested by the contractor.
Special Work Hours. If approved by the City, special work hours are restricted as follows: No work affecting travel lanes shall be done before 6:00 a.m. or after 5:00 p.m.
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Schedule. Residents shall have vehicular access to their residences during the course of work.
Special Notifications. The Contractor shall coordinate their hours of operation and work with all affected schools, their bus schedules, and bus stop locations that are located within the project areas and meet with various schools’ principals and accommodate their project-related needs prior to the start of and during any of its work. No additional compensation will be allowed for this coordination.
1.3 Award and Execution of the Contract
Local Contractor Preference (Ord. 170 § 1(part), 2003) (Ord. No. 270, § 1, 2-9-2016)
3.01.035 - Local Contractor Preference
Notwithstanding any other section herein, and unless State law sets a lowest bidder requirement, fitness and quality being equal, the City Manager or the City Council shall have the authority to grant local preference when awarding any contract for the purchase of supplies, materials, equipment, or services pursuant to the following criteria:
(a) A preference may be given to any service contractor with a fixed office in the City of Twentynine Palms if the bid of the contractor does not exceed the lowest bid or prices quoted by other contractors by more than five percent (5%). (b) A preference may be given to any service contractor within the Morongo Basin if the contractor's bid does not exceed the lowest bid or price quoted by other contractors by more than two percent (2%).
Application of the preference in the award of the contract shall mean the amount by which the local contractor bid or provided an estimate shall be deemed reduced by the City's bid award or selection process and shall not actually reduce the amount ultimately paid by the City to the successful bidder.
1.4 Self Performance.
The CONTRACTOR shall perform not less than fifty-one (51%) percent of the original contract work with the CONTRACTOR’s own organization.
1.5 Control of Materials
The Control of Materials shall be per Section 4 of the Standard specifications except for the addition of the following.
General.
Within two (2) calendar days before the Pre-construction meeting, the CONTRACTOR shall submit a complete list of major products proposed for use, with the name of the manufacturer, trade name, and model number of each product.
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Protection of Work and Materials.
The CONTRACTOR shall make arrangements with the AGENCY for a special mailing location for the project to accept deliveries of products and deliveries. No deliveries will be accepted by the AGENCY. Arrange deliveries of products in accordance with progress schedules and in sufficient time to allow for inspection by the ENGINEER prior to installation.
Coordinate deliveries to avoid conflict with Work and site conditions and to accommodate the work of other contractors, or AGENCY; limitations of storage space; availability of equipment and personnel for handling products; AGENCY’s use of premises.
Products shall not be shipped from the manufacturer’s or fabricator’s facility or delivered to project site until related Shop Drawings, including shop or factory test reports and records, have been accepted and returned as approved by the ENGINEER.
Shipments of materials to CONTRACTOR or subcontractors shall be delivered to the site only during regular working hours. Shipments shall not be delivered to the AGENCY.
Products shall not be delivered to the site until required storage facilities have been provided and installed by the CONTRACTOR and are ready to receive products for storage.
Products shall not be delivered to site in manufacturer’s original, unopened, labeled containers.
Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work.
Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment or materials, to permit easy accumulation of parts and to facilitate assembly.
Immediately upon delivery, inspect shipment to assure: the product complies with requirements of Contract Documents and reviewed submittals; quantities are correct; containers and packages are intact, and labels are legible; products are properly protected and undamaged.
Provide equipment and personnel necessary to handle products, including those provided by the AGENCY, to prevent soiling or damage to products or packaging.
Provide additional protection during handling as necessary to prevent scraping, marring, or otherwise damaging products or surrounding surfaces.
Handle products by methods to prevent bending or over stressing.
Lift heavy components only at designated lifting points. Provide proper equipment for unloading shipments as they are delivered to the site including forklifts, cranes, etc. The CONTRACTOR shall make all arrangements for transportation, delivery and handling of equipment and materials required for prosecution and completion of the Work.
CONTRACTOR shall make all arrangements and provisions necessary for the storage of materials and equipment. All excavated materials, construction equipment, and materials to be incorporated into the Work or existing facilities and so that free access can be maintained at all times to all parts of the Work and to all public utility installations in the vicinity of the Work. Materials and
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equipment shall be kept neatly and compactly stored in locations that will cause a minimum of inconvenience to the AGENCY, other contractors, public travel, adjoining owners, tenants, and occupants. Arrange storage in a manner to provide easy access for inspection.
Products subject to damage by moisture, freezing, or other effects of the elements shall be stored inside weatherproof storage areas that are equipped with suitable temperature and moisture controls.
Store loose granular materials on solid surfaces in a well-drained area; prevent mixing with foreign matter. CONTRACTOR shall have all BMPs in place prior to receiving and storing products.
CONTRACTOR shall be fully responsible for loss, theft, or damage to stored materials and equipment.
If necessary to move stored materials and equipment prior to or during construction, CONTRACTOR shall move materials and equipment without any additional compensation.
1.6 Inspection Requirements
Approximately one year after final acceptance, the AGENCY will make arrangements with the CONTRACTOR for a post final inspection and will send a written notice to said parties informing them of the date and time of the inspection. CONTACTOR shall participate in post final inspection at no additional cost to the AGENCY.
Inspection shall include, but not be limited to, latent defects in coatings, concrete surfaces and joints, and soil compaction. Replacement of fill or backfill that has settled below required elevations and restoration of surface improvements damaged thereby shall be required repair work.
The ENGINEER will inform the CONTRACTOR of any deficiencies discovered during the inspection and required corrections and the time for completion of replacement or repairs.
When the corrections have been satisfactorily completed, the ENGINEER will forward acknowledgment to the CONTACTOR and AGENCY.
1.7 Trade Names or Equals
Products specified by reference standards or by description only can be any product meeting those standards.
For products specified by naming one or more manufacturers the CONTRACTOR must be submit a Substitution Request for any manufacturer not specifically named. Product fabrication, manufacture, or purchase shall not begin until Substitution Request and, if required, related shop drawings are returned without objection by the ENGINEER. Adequate time shall be allowed for the ENGINEER to make this determination.
For proposed substitution requests, the CONTRACTOR shall supply: manufacturers information including the manufacturer’s name and address and a contact name and telephone number, technical support and specifications and similar information; manufacturer’s product literature
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with product information including product description, performance and test data and reference standards; samples if appropriate; priced list of product spare parts; name and address of the nearest service and technical support facility including a current contact name and telephone number; reference list of current owners with name and addresses including contact names and telephone numbers of similar projects in which the product was used; warranty information.
The CONTRACTOR shall be solely responsible for demonstrating that the proposed substitution is equal to the specified manufacturer, product, or construction method.
A proposed substitution will not be accepted if the acceptance will require changes in the design concept or a substantial revision to the Contract Documents or if it will delay completion of the Work on this contract or the work of other contractors.
1.8 Utilities
Protection
After the survey and utility mark out, and prior to construction, the CONTRACTOR shall photograph and video record existing site conditions with audio included.
The videotaping shall include all existing surface conditions in the Work area prior to the start of construction activities. Important features that shall be video recorded include but are not limited to:
• Existing and proposed alignments.
• Utility markings.
• Survey conditions.
• Pavement conditions.
• Adjacent property conditions, in particular the areas of private property that will be part of the project behind the existing businesses on Highway 62. • Safety Conditions. Other unusual conditions or equipment/facility installations. • Areas of existing damage or other potential “problem areas”.
The CONTRACTOR shall make all arrangements for video recording, including coordination with the AGENCY.
The CONTRACTOR shall provide digital copies of all photographs and video recordings to the City.
The CONTRACTOR shall be responsible for taking all precautions, providing all programs and taking all actions to protect the Work, property and all existing utilities and improvements not designated for removal. The CONTRACTOR shall restore damaged or temporarily relocated
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utilities and improvements to a condition equal to or better than they were prior to such damage or temporary relocation, all as specified herein, and in accordance with the requirements of the Contract Documents.
The CONTRACTOR shall not, except with prior written consent from proper parties, enter or occupy privately-owned land with personnel, tools, materials, or equipment.
CONTRACTOR shall assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect, or misconduct in the execution of the Work by the CONTRACTOR, it shall be restored by the CONTRACTOR, at his expense, to a condition equal to or better than that existing before the damage was done.
The CONTRACTOR shall verify the exact location, depth and size of all utilities that may interfere with the Work or where connections are proposed. The CONTRACTOR shall make exploratory excavations of all utilities that may interfere with the Work. The CONTRACTOR shall expose all connection points prior to construction. All such exploratory excavations shall be performed as soon as practicable after award of the contract and, in any event, a sufficient time in advance of construction to avoid possible delays to the CONTRACTOR’s work. When such exploratory excavations show the utility location or size to be in error, the CONTRACTOR shall notify the ENGINEER.
The number of exploratory excavations required shall be that number which is sufficient to determine the alignment and grade of the utility.
The CONTRACTOR shall protect all Underground Utilities and appurtenances that may be affected or impaired during construction operations. The CONTRACTOR shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be necessary.
Relocation
In case it shall be necessary to move the property of any public utility or franchise holder, such utility company or franchise holder will be notifies by the CONTRACTOR to move such property within a reasonable time. When utility lines are to be removed and are encountered within the area of operations, the CONTRACTOR shall notify the utility owner or operator sufficiently in advance of the Work for the necessary measures to be taken to prevent interruption of service.
Cooperation
Prior to any excavation in the vicinity of existing underground facilities, including all water, sewer, storm drain, gas, irrigation, petroleum products,; or other pipelines; all buried electric power, communications, or television cables: all traffic signals and street lighting facilities; and all roadway and state highway rights-of-way, the CONTRACTOR shall notify the respective authorities representing the owners or agencies responsible for such facilities not less than 3 days prior to excavation so that a representative of said owners or agencies can locate the utilities and
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be present during such work if required. Underground Service Alert shall be contacted if applicable; otherwise the CONTRACTOR shall directly contact the AGENCY.
1.9 Construction Schedule.
The CONTRACTOR shall submit a proposed Construction Schedule to the ENGINEER within ten (10) working days after the date of the Notice of Award. See project Schedule Milestones in “Completion of Work” in Section A “Notice Inviting Sealed Bids”.
If Revisions to the Construction Schedule are proposed, the CONTRACTOR shall indicate progress of each activity to date of submittal of the revised schedule and projection completion date of each activity; identify activities modified since the previous submittal, major changes in scope, and other identifiable changes; provide a narrative report to define problem areas, anticipated delays, and impact on Construction Schedule; report corrective action taken or proposed, and its effect including the effect of changes of schedules of separate contractors, if any.
A. Mobilization. Mobilization shall consist of preparatory work and operations, but not limited to those necessary for the movement of personnel, equipment, materials and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred including bonds, insurance and financing prior to beginning work on the various contract items on the project site.
B. The Contractor shall notify in person and with printed notification (in English and Spanish language), at least seven (7) working days prior to commencing work, to all agencies, firms, institutions, postal service, residents, MBTA Bus, schools, stores, utilities, and waste disposal service fronting or affected by the work. Additional printed notification (in English and Spanish language) shall be given not less than forty-eight (48) hours prior to performing any work which will restrict property access, close, or partially close the street, or which will restrict or disallow street parking. Draft notice shall be submitted to City for review and approval prior to distribution.
C. The Contractor shall coordinate with First Responders, Sheriff, Fire Departments, Ambulance and the School District for pick-up and drop-off of school children, MBTA bus service for the pick-up and drop-off of riders, waste disposal collection, and the postal service to ensure delivery of mail.
D. The printed notices shall contain a general description of the work to be done and the date that the work is to be done. The notices shall also include a statement that parking will be restricted as called for on the "NO PARKING" signs to be posted along the street or alley behind the existing business. All public notices must be reviewed and approved by the Engineer prior to its distribution.
E. The Contractor shall also post printed "NO PARKING-TOW AWAY" signs at one-hundredfoot (100') maximum spacing along each side of the affected street for forty-eight (48) hours prior to the commencement of the street improvement work. The Contractor shall document the day, date and time the "NO PARKING" signs were posted. Posting of signs on trees and utility poles will not be allowed. The signs shall contain the day, date, hours and vehicle code that parking will be prohibited on that particular street. The signs shall be removed immediately upon completion of work that will prohibit parking.
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F. The printed notices and the "NO PARKING" signs shall be furnished by the Contractor. Full compensation for compliance with the preceding requirements shall be considered as being included in the various Contract items in the bid schedule and no additional compensation will be allowed.
G. Install traffic control devices per approved plan. All traffic control devices shall meet CAMUTCD for “Night Reflective Requirements”.
1.10 Work Site Maintenance
Street Maintenance
The Contractor shall be responsible for the maintenance of the streets and roadways to be used by public and local traffic through and adjacent to the construction zone, from the date of "Notice to Proceed" until the date of acceptance of the completed construction improvements.
Street maintenance shall include filling of potholes, grading of sub-grade and base, replacing signs, installing interim pavement striping and markers on the proposed project streets and other side streets within the construction zone. Street maintenance shall also include sweeping and washing of streets, adjacent and connected to the construction zone on a weekly, or more frequent schedule, to prevent the accumulation of dust, dirt, gravel, or other deleterious materials, all as necessary to maintain the construction roadways and adjacent streets in a safe, clean and drivable condition for use by public and local traffic, all as necessary and as approved by the Engineer.
Full compensation for furnishing all labor, equipment, materials, and tools required to perform Street Maintenance of the type and to the limits noted above, and as ordered by the Engineer, shall be considered as being included in the various Contract items of work and no separate or additional compensation will be allowed.
Dust Control
Dust resulting from the Contractor’s performance of the work, either inside or outside, the rightof-way shall be controlled by the Contractor. Dust control includes the action necessary to prevent, reduce or control dust within the work area as required to complete the work. The Contractor shall carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or causing a nuisance, or harm to persons living nearby or occupying buildings in the vicinity of the work. The Contractor shall control dust 24 hours a day, seven days a week. The methods to be used for controlling dust in the construction area and along haul roads shall be approved by the Engineer prior to commencement of any work.
Unless the construction dictates otherwise, and unless otherwise approved by the City the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzle at least twice each day (seven days a week) to keep paved areas acceptably clean whenever construction, including restoration, is incomplete.
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Dust or dirt accumulations generated by the Contractor’s operations shall be cleaned and removed by the Contractor from all areas as designated by the Engineer. Areas to be cleaned shall include, but not be limited to swimming pools, interiors of any structures including residences and places of business, exteriors of any structures including roofs, patios, driveways, and any other areas as required. The Contractor shall retain a professional cleaning service for the cleaning of swimming pools, and the interior and exterior of structures. The cost for cleaning and removal of dust or dirt shall be at the Contractor’s expense and no additional compensation will be made, therefore.
Chemical additives or binder may be used in water for compaction or dust palliative. If such additives are used, furnishing, and applying the additives shall be at the Contractor’s expense.
Upon completion of the project, the contractor shall apply a polymer-based soil stabilizer to all unpaved areas disturbed by the construction operation. The contractor shall submit soil stabilizer details and manufacturer recommendations to the City for acceptance prior to application.
Application shall be warranted for a minimum of one (1) year from date of application.
The right is reserved by the Engineer to prohibit the use of a particular type of additive, to designate the locations where a particular type of additive may not be used, or to limit the amount of a particular type of additive to be used at certain locations, all if the Engineer has reasonable ground for believing that such use will in any way be detrimental.
Dust control ordered by the Engineer to be applied on Saturdays, Sundays or holidays will be included in the prices paid for the various items of work involved and no additional compensation will be allowed.
No adjustment of compensation will be made for any increase or decrease in the quantity of dust control required, regardless of the reason for such increase or decrease.
The full compensation for all direct and indirect costs incurred for work performed or materials used to control dust resulting from the Contractor’s performance of the work and caused by public traffic, either inside or outside the right-of-way shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefore.
Clean Up
Throughout all phases of construction, including suspension of work and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris.
The Contractor shall remove and dispose of all loose material and debris caused by construction operations from the construction site on a daily basis.
Materials and equipment shall be removed from the site as soon as they are no longer necessary.
Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All clean-up costs shall be included in the Contractor's Bid.
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Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately, and the area cleaned.
Excess excavated material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications or Engineer. Forms and form lumber shall be removed from the site as soon as practicable after stripping.
Failure of the Contractor to comply with the Engineer's clean up orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension.
Before final inspection of the work, the Contractor shall clean the right-of-way, private property, material sites, and all ground occupied by the Contractor in connection with the work of all rubbish, excess materials, temporary structures, and equipment. All parts of the work shall be left in a neat and presentable condition.
The full compensation for collecting and disposing of loose material and debris from the job site shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed.
1.13 Measurement and Payment
The Measurement and Payment shall be per Section 7 of the Standard Specifications except the addition of the following.
General
Where the Plans or Specification describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools equipment and incidentals, and do all of the work involved including testing, handling, delivery charges, storage, disposing of waste materials, cleanup, and all other incidentals in executing the contract. Each item in the Bid Schedule is to bid as for full compensation for all the items of work appurtenant thereto completing line item. Such payment will be full compensation for that item.
Additional Specifications and Standards
• San Bernardino County Standard Plans (latest edition) • “Green book” Standard Plans for Public Works Construction (SPPWC) (Current Edotopm) • To be supplemented by Caltrans Standard Plans and Specifications dated 2024
END OF TECHNICAL SPECIFICATIONS
114
FEDERAL DOCUMENTS
1. General Decision Number: CA20250001 09/19/2025
2. Construction Contract Labor Compliance Provisions (Attachment D)
"General Decision Number: CA20250001 09/19/2025
Superseded General Decision Number: CA20240001
State: California
Construction Types: Building, Heavy (Heavy and Dredging), Highway and Residential
County: San Diego County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION
PROJECTS; RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories)
Note: Contracts subject to the Davis‐Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis‐Bacon Act itself, but do not apply to contracts subject only to the Davis‐Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________ |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.75 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2025. | |______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $13.30 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2025. | |______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
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Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
1 01/24/2025
2 02/07/2025
3 02/21/2025
4 02/28/2025
5 03/14/2025
6 03/21/2025
7 03/28/2025
8 06/06/2025
9 06/27/2025
10 08/01/2025
11 08/08/2025
12 08/15/2025
13 08/22/2025
14 09/19/2025
ASBE0005‐002 09/01/2024
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 56.32 26.52 Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 39.94 20.65 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ASBE0005‐004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 23.52 13.37 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BOIL0092‐003 01/01/2024
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BOILERMAKER......................$ 51.98 42.11 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BRCA0004‐008 11/01/2023
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BRICKLAYER; MARBLE SETTER........$ 46.73 19.02 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BRCA0018‐004 06/01/2024
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MARBLE FINISHER..................$ 43.38 15.36 TILE FINISHER....................$ 37.96 13.77 TILE LAYER.......................$ 51.82 19.32 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BRCA0018‐010 09/01/2024
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TERRAZZO FINISHER................$ 42.11 14.67 TERRAZZO WORKER/SETTER...........$ 49.62 15.26 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0213‐003 07/01/2021
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Drywall
(1) Work on wood framed
construction of single
family residences,
apartments or condominiums
under four stories
Drywall Installer/Lather...$ 32.14 16.28
Drywall Stocker/Scrapper...$ 22.16 8.62
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * CARP0619‐002 07/01/2025
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Drywall
(2) All other work
Drywall Installer/Lather...$ 44.53 27.09
Drywall Stocker/Scrapper...$ 21.45 12.18
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * CARP0619‐003 07/01/2025
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CARPENTER
(1) Bridge.................$ 52.37 26.18
(2) Commercial Building....$ 48.94 26.18
(3) Heavy & Highway........$ 51.40 16.28
(4) Residential Carpenter..$ 39.15 26.18
(5) Residential
Insulation Installer........$ 24.16 15.76
PILEDRIVERMAN....................$ 52.37 26.18 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * CARP0619‐004 07/01/2025
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Diver
(1) Wet.....................$ 901.92 26.18
(2) Standby.................$ 450.96 26.18
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(3) Tender..................$ 442.96 26.18
(4) Assistant Tender........$ 418.96 26.18
Amounts in ""Rates' column are per day
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * CARP0721‐001 07/01/2025
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Modular Furniture Installer......$ 25.00 13.06 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * CARP1607‐004 07/01/2025
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MILLWRIGHT.......................$ 52.24 26.68 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0569‐001 06/02/2025
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Electricians (Tunnel Work)
Cable Splicer...............$ 67.16 19.09
Electrician.................$ 66.32 19.07
Electricians: (All Other
Work, Including 4 Stories
Residential)
Cable Splicer...............$ 59.70 18.87
Electrician.................$ 58.95 18.85
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0569‐004 06/03/2024
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ELECTRICIAN (Sound &
Communications Sound
Technician)......................$ 43.78 15.39 SCOPE OF WORK Assembly, installation, operation, service and maintenance of components or systems as used in closed circuit television, amplified master television distribution, CATV on private property, intercommunication, burglar alarm, fire alarm, life support and all security alarms, private and public telephone and related telephone interconnect, public address, paging, audio, language, electronic, background music system less than line voltage or any system acceptable for class two wiring for private, commercial, or industrial use furnished by leased wire, freuency modulation or other
recording devices, electrical apparatus by means of which electricity is applied to the amplification, transmission, transference, recording or reproduction of voice, music, sound, impulses and video. Excluded from this Scope of Work ‐ transmission, service and maintenance of background music.
All of the above shall include the installation and
transmission over fiber optics.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0569‐005 06/03/2024
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Sound & Communications
Sound Technician............$ 43.78 15.39
SCOPE OF WORK Assembly, installation, operation, service and Firefox https://sam.gov/wage-determination/CA20250001/14 4 of 27 9/19/2025, 11:44 AM
maintenance of components or systems as used in closed circuit television, amplified master television distribution, CATV on private property, intercommunication, burglar alarm, fire alarm, life support and all security alarms, private and public telephone and related telephone interconnect, public address, paging, audio, language, electronic, background music system less than line voltage or any system acceptable for class two wiring for private, commercial, or industrial use furnished by leased wire, freuency modulation or other
recording devices, electrical apparatus by means of which electricity is applied to the amplification, transmission, transference, recording or reproduction of voice, music, sound, impulses and video. Excluded from this Scope of Work ‐ transmission, service and maintenance of background music.
All of the above shall include the installation and
transmission over fiber optics.
SOUND TECHNICIAN: Terminating, operating and performing final check‐out
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0569‐006 06/02/2025
Work on street lighting; traffic signals; and underground systems and/or established easements outside of buildings Rates Fringes
Traffic signal, street light
and underground work
Utility Technician #1.......$ 43.62 14.41
Utility Technician #2.......$ 33.10 14.09
STREET LIGHT & TRAFFIC SIGNAL WORK:
UTILITY TECHNICIAN #1: Installation of street lights and traffic signals, including electrical circuitry,
programmable controller, pedestal‐mounted electrical meter enclosures and laying of pre‐assembled cable in ducts. The layout of electrical systems and communication installation including proper position of trench depths, and radius at duct banks, location for manholes, street lights and
traffic signals.
UTILITY TECHNICIAN #2: Distribution of material at jobsite, installation of underground ducts for electrical,
telephone, cable TV land communication systems. The
setting, leveling, grounding and racking of precast
manholes, handholes and transformer pads.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0569‐008 06/01/2024
Rates Fringes
ELECTRICIAN (Residential, 1‐3
Stories).........................$ 40.50 8.18 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC1245‐001 01/01/2025
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LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 70.16 24.71
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 53.30 22.26
(3) Groundman...............$ 40.76 21.76
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEV0018‐001 01/01/2025
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ELEVATOR MECHANIC................$ 69.43 38.435+a+b FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ENGI0012‐004 08/01/2024
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OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 64.10 38.75
(2) Dredge dozer............$ 58.13 38.75
(3) Deckmate................$ 58.02 38.75
(4) Winch operator (stern
winch on dredge)............$ 57.47 38.75
(5) Fireman‐Oiler,
Deckhand, Bargeman,
Leveehand...................$ 56.93 38.75
(6) Barge Mate..............$ 57.54 38.75
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ENGI0012‐024 07/01/2023
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OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 53.90 32.80
GROUP 2....................$ 54.68 32.80
GROUP 3....................$ 54.97 32.80
GROUP 4....................$ 56.46 32.80
GROUP 6....................$ 56.68 32.80
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GROUP 8....................$ 56.79 32.80
GROUP 10....................$ 56.91 32.80
GROUP 12....................$ 57.08 32.80
GROUP 13....................$ 57.18 32.80
GROUP 14....................$ 57.21 32.80
GROUP 15....................$ 57.29 32.80
GROUP 16....................$ 57.41 32.80
GROUP 17....................$ 57.58 32.80
GROUP 18....................$ 57.68 32.80
GROUP 19....................$ 57.79 32.80
GROUP 20....................$ 57.91 32.80
GROUP 21....................$ 58.08 32.80
GROUP 22....................$ 58.18 32.80
GROUP 23....................$ 58.29 32.80
GROUP 24....................$ 58.41 32.80
GROUP 25....................$ 58.58 32.80
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 55.25 32.80
GROUP 2....................$ 56.03 32.80
GROUP 3....................$ 56.32 32.80
GROUP 4....................$ 56.46 32.80
GROUP 5....................$ 56.68 32.80
GROUP 6....................$ 56.79 32.80
GROUP 7....................$ 56.91 32.80
GROUP 8....................$ 57.08 32.80
GROUP 9....................$ 57.25 32.80
GROUP 10....................$ 58.25 32.80
GROUP 11....................$ 59.25 32.80
GROUP 12....................$ 60.25 32.80
GROUP 13....................$ 61.25 32.80
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 55.75 32.80
GROUP 2....................$ 56.53 32.80
GROUP 3....................$ 56.82 32.80
GROUP 4....................$ 56.96 32.80
GROUP 5....................$ 57.18 32.80
GROUP 6....................$ 57.29 32.80
GROUP 7....................$ 57.41 32.80
PREMIUM PAY:
$10.00 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator‐inside; Engineer Oiler; Forklift operator
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(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt‐rubber plant operator (nurse tank
operator);Coil Tubing Rig Operator, Concrete mixer
operator‐skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or
concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without
attachment); Tar pot fireman; Temporary heating plant
operator; Trenching machine oiler
GROUP 3: Asphalt‐rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini‐max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable);Direct Push
Operator (Geoprobe or similar types) Drilling machine
operator, small auger types (Texoma super economatic or similar types ‐ Hughes 100 or 200 or similar types ‐
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra‐hammer‐aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power‐driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types ‐ Watson 1000 auger or similar types ‐ Texoma 330, 500 or 600 auger or similar types ‐ drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary‐Johnson‐Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber‐tired earth moving equipment (single engine, up to and including 25 yds. struck); Self‐propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1‐1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
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Tractor operator‐bulldozer, tamper‐scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D‐5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt‐rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar types; Cable Bundling Machine Operator
(excluding handheld); Cable Trenching Machine Operator
(Spider Plow or similar types) Cast‐in‐place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self‐propelled);
Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types ‐ Watson 1500, 2000 2500 auger or similar types ‐ Texoma 700, 800 auger or similar types ‐ drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy‐duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley‐Presswell or similar
type); Pumpcrete gun operator; RCM Cementing Unit Operator, Rail/Switch Grinder Operator (Harsco or similar types)
Rock Drill or similar types; Rotary drill operator
(excluding caisson type); Rubber‐tired earth‐moving
equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck);
Rubber‐tired earth‐moving equipment operator (multiple
engine up to and including 25 yds. struck); Rubber‐tired scraper operator (self‐loading paddle wheel type‐John
Deere, 1040 and similar single unit); Self‐ propelled curb and gutter machine operator; Shuttle buggy; Skiploader
operator (crawler and wheel type over 1‐1/2 yds. up to and including 6‐1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type
larger than D‐5 ‐ 100 flywheel h.p. and over, or
similar‐bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types‐Watson 3000 or 5000 auger or similar types‐Texoma 900 auger or similar
types‐drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol‐blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type‐except Quad 9 Firefox https://sam.gov/wage-determination/CA20250001/14 9 of 27 9/19/2025, 11:44 AM
cat.); Rubber‐tired earth‐moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber‐tired earth‐moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6‐1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types ‐ Watson, auger 6000 or
similar types ‐ Hughes Super Duty, auger 200 or similar types ‐ drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi‐engine); Pipe mobile machine operator; Rubber‐tired earth‐ moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber‐tired self‐ loading scraper operator (paddle‐wheel‐auger type self‐loading ‐ two (2) or more units)
GROUP 13: Rubber‐tired earth‐moving equipment operator
operating equipment with push‐pull system (single engine, up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator; Remote‐ control earth‐moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system (multiple
engine‐up to and including 25 yds. struck)
GROUP 16: Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system (single engine, over 50 yds. struck); Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem ‐ Quad 9 and similar type)
GROUP 18: Rubber‐tired earth‐moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units ‐
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types); Rubber‐tired earth‐moving equipment operator, operating in Firefox https://sam.gov/wage-determination/CA20250001/14 10 of 27 9/19/2025, 11:44 AM
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units ‐ single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber‐tired earth‐moving equipment
operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction
units ‐ multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber‐tired earth‐moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units ‐
single engine, over 50 yds. struck); Rubber‐tired
earth‐moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units ‐ multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 21: Rubber‐tired earth‐moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units ‐
multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)
GROUP 22: Rubber‐tired earth‐moving equipment operator, operating equipment with the tandem push‐pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber‐tired earth‐moving equipment operator, operating equipment with the tandem push‐pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber‐tired
earth‐moving equipment operator, operating with the tandem push‐pull system (multiple engine, up to and including 25 yds. struck)
GROUP 24: Rubber‐tired earth‐moving equipment operator, operating equipment with the tandem push‐pull system
(single engine, over 50 yds. struck); Rubber‐tired
earth‐moving equipment operator, operating equipment with the tandem push‐pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 25: Concrete pump operator‐truck mounted; Rubber‐tired earth‐moving equipment operator, operating equipment with the tandem push‐pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck); Spyder Excavator Operator, with all attachments
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A‐frame or winch truck operator; Ross carrier
operator (jobsite)
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GROUP 4: Bridge‐type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin‐Western or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K‐crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.);
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) ; Tower crane operator and tower gantry
GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
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GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power‐driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power‐driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy‐duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber‐tired, rail or track type); Pneumatic concrete placing machine operator (Hackley‐Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection of I‐15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south Firefox https://sam.gov/wage-determination/CA20250001/14 13 of 27 9/19/2025, 11:44 AM
boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM.
Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W.
Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
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Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ IRON0229‐001 01/01/2025
Rates Fringes
IRONWORKER
Fence Erector...............$ 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
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station ‐ Two Rock ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0089‐001 07/01/2025
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LABORER (BUILDING and all
other Residential
Construction)
Group 1.....................$ 45.54 25.09
Group 2.....................$ 46.30 25.09
Group 3.....................$ 47.16 25.09
Group 4.....................$ 48.64 25.09
Group 5.....................$ 48.16 25.09
LABORER (RESIDENTIAL
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CONSTRUCTION ‐ See definition
below)
(1) Laborer.................$ 42.15 23.42
(2) Cleanup, Landscape,
Fencing (Chain Link & Wood).$ 43.44 23.42
RESIDENTIAL DEFINITION: Wood or metal frame construction of single family residences, apartments and condominums ‐
excluding (a) projects that exceed three stories over a garage level, (b) any utility work such as telephone, gas, water, sewer and other utilities and (c) any fine grading work, utility work or paving work in the future street and public right‐of‐way; but including all rough grading work at the job site behind the existing right of way
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete Screeding for Rought Strike‐off; Concrete, water curing; Demolition laborer; Flagman; Gas, oil and/or water pipeline laborer; General Laborer; General clean‐up laborer;
Landscape laborer; Jetting laborer; Temporary water and air lines laborer; Material hoseman (walls, slabs, floors and decks); Plugging, filling of Shee‐bolt holes; Dry
packing of concrete; Railroad maintenance, Repair Trackman and road beds, Streetcar and railroad construction trac laborers; Slip form raisers; Slurry seal crews (mixer
operator, applicator operator, squeegee man, Shuttle man, top man), filling of cracks by any method on any surface; Tarman and mortar man; Tool crib or tool house laborer; Window cleaner; Wire Mesh puling‐all concrete pouring
operations
GROUP 2: Asphalt Shoveler; Cement Dumper (on 1 yard or larger mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute man, pouring concrete, the handling of the cute from ready mix trucks, such as walls, slabs, decks, floors, foundations, footings, curbs, gutters and sidewalks; Concrete curer‐impervious membrane and form oiler; Cutting torch operator (demoliton); Guinea chaser; Headboard man‐asphlt; Laborer,
packing rod steel and pans; membrane vapor barrier installer; Power broom sweepers (small); Riiprap, stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Tank sealer and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh Chipper and similar type brush
shredders; Underground laborers, including caisson bellower GROUP 3: Buggymobile; Concrete cutting torch; Concrete
cutting torch; Concrete pile cutter; Driller, jackhammer, 2 1/2 feet drill steel or longer; Dri Pak‐it machine; High sealer (including drilling of same); Hydro seeder and
similar type; Impact wrench, mult‐plate; Kettlemen, potmen and mean applying asphalt, lay‐kold, creosote, line caustic and similar type materials (applying means applying,
dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operators of pneumatic, gas, electric tools, vibratring machines, pavement breakers, air blasting, come‐along, and similar mechanical tools not
separately classified herein; Pipelayers back up man
coating, grouting, making of joints, sealing, caulking, diapering and inclduing rubber gasket joints, pointing and Firefox https://sam.gov/wage-determination/CA20250001/14 16 of 27 9/19/2025, 11:44 AM
any and all other services; Rotary Scarifier or multiple head concrete chipping scaarifier; Steel header board man and guideline setter; Tampers, Barko, Wacker and similar type; Trenching machine, handpropelled
GROUP 4: Asphalt raker, luterman, ironer, apshalt dumpman and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), Grinder or sander; Concrete saw man; cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand‐guided lagging hammer; Laser beam in
connection with laborer's work; Oversize concrete vibrator operator 70 pounds and over; Pipelayer performing all
services in the laying, installation and all forms of
connection of pipe from the point of receiving pipe in the ditch until completion of oepration, including any and all forms of tubular material, whether pipe, metallic or
non‐metallic, conduit, and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid, gas, air or other product whatsoever and without regard to the nature of
material from which the tubular material is fabricated; No joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzleman), Porta shot‐blast, water blasting
GROUP 5: Blasters Powderman‐All work of loading holes,
placing and blasting of all pwder and explosives of
whatever type, regardless of method used for such loading and placing; Driller‐all power drills, excluding
jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills
without regard to the form of motive power.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0089‐002 11/01/2024
Rates Fringes
LABORER (MASON TENDER)...........$ 40.70 21.83 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0089‐004 07/01/2025
HEAVY AND HIGHWAY CONSTRUCTION
Rates Fringes
Laborers:
Group 1.....................$ 46.66 25.09
Group 2.....................$ 47.20 25.09
Group 3.....................$ 47.76 25.09
Group 4.....................$ 49.28 25.09
Group 5.....................$ 50.14 25.09
LABORER CLASSIFICATIONS
GROUP 1: Laborer: General or Construction Laborer, Landscape Laborer. Asphalt Rubber Material Loader. Boring Machine Tender (outside), Carpenter Laborer (cleaning, handling, oiling & blowing of panel forms and lumber), Concrete
Laborer, Concrete Screeding for rough strike‐off, Concrete water curing. Concrete Curb & Gutter laborer, Certified Firefox https://sam.gov/wage-determination/CA20250001/14 17 of 27 9/19/2025, 11:44 AM
Confined Space Laborer, Demolition laborer & Cleaning of Brick and lumber,Expansion Joint Caulking; Environmental Remediation, Monitoring Well, Toxic waste and Geotechnical Drill tender, Fine Grader, Fire Watcher, Limbers, Brush Loader, Pilers and Debris Handlers. flagman. Gas Oil and Water Pipeline Laborer. Material Hoseman (slabs, walls, floors, decks); Plugging, filling of shee bolt holes; Dry packing of concrete and patching; Post Holer Digger
(manual); Railroad maintenance, repair trackman, road beds; Rigging & signaling; Scaler, Slip‐Form Raisers, Filling cracks on any surface, tool Crib or Tool House Laborer, Traffic control (signs, barriers, barricades, delineator, cones etc.), Window Cleaner
GROUP 2: Asphalt abatement; Buggymobile; Cement dumper (on 1 yd. or larger mixers and handling bulk cement); Concrete curer, impervious membrane and form oiler; Chute man,
pouring concrete; Concrete cutting torch; Concrete pile cutter; driller/Jackhammer, with drill steel 2 1/'2 feet or longer; Dry pak‐it machine; Fence erector; Pipeline
wrapper, gas, oil, water, pot tender & form man; Grout man; Installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Irrigation laborer;
Kettleman‐Potman hot mop, includes applying asphalt,
lay‐klold, creosote, lime caustic and similar tyhpes of materials (dipping, brushing, handling) and waterproofing; Membrane vapor barrier installer; Pipelayer backup man
(coating, grouting, making of joints, sealing caulkiing, diapering including rubber basket joints, pointing);
Rotary scarifier, multiple head concrete chipper; Rock
slinger; Roto scraper & tiller; Sandblaster pot tender; Septic tank digger/installer; Tamper/wacker operator; Tank scaler & cleaner; Tar man & mortar man; Tree
climber/faller, chainb saw operator, Pittsburgh chipper & similar type brush shredders.
GROUP 3: Asphalt, installation of all frabrics; Buggy Mobile Man, Bushing hammer; Compactor (all types), Concrete Curer ‐ Impervious membrane, Form Oiler, Concrete Cutting Torch, Concrete Pile Cutter,Driller/Jackhammer with drill steel 2 1/2 ft or longer, Dry Pak‐it machine, Fence erector
including manual post hole digging, Gas oil or water
Pipeline Wrapper ‐ 6 ft pipe and over, Guradrail erector, Hydro seeder, Impact Wrench man (multi plate),
kettleman‐Potman Hot Mop includes applying Asphalt,
Lay‐Kold, Creosote, lime caustic and similar types of
materials (dipping, brushing or handling) and
waterproofing. Laser Beam in connection with Laborer work.
High Scaler, Operators of Pneumatic Gas or Electric Tools, Vibrating Machines, Pavement Breakers, Air Blasting,
Come‐Alongs and similar mechanical tools, Remote‐Controlled Robotic Tools in connection with Laborers work. Pipelayer Backup Man (Coating, grouting,m makeing of joints, sealing, caulking, diapering including rubber gasket joints,
pointing and other services). Power Post Hole Digger,
Rotary Scarifier (multiple head concrete chipper
scarifier), Rock Slinger, Shot Blast equipment (8 to 48 inches), Steel Headerboard Man and Guideline Setter,
Tamper/Wacker operator and similar types, Trenching Machine hand propelled.
GROUP 4: Any worker exposed to raw sewage. Asphalt Raker, Firefox https://sam.gov/wage-determination/CA20250001/14 18 of 27 9/19/2025, 11:44 AM
Luteman, Asphalt Dumpman, Asphalt Spreader Boxes, Concrete Core Cutter, Concrete Saw Man, Cribber, Shorer, Head Rock Slinger. Installation of subsurface instrumentation,
monitoring wells or points, remediation system installer; Laborer, asphalt‐rubber distributor bootman; Oversize
concrete vibrator operators, 70 pounds or over. Pipelayer, Prfefabricated Manhole Installer, Sandblast Nozzleman
(Water Balsting‐Porta Shot Blast), Traffic Lane Closure.
GROUP 5: Blasters Powderman‐All work of loading holes,
placing and blasting of all powder and explosives of
whatever type, regardless of method used for such loading and placing; Horizontal directional driller, Boring system, Electronic traking, Driller: all power drills excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and all other types of mechanical drills without
regard to form of motive power. Environmental remediation, Monitoring well, Toxic waste and Geotechnical driller,
Toxic waste removal. Welding in connection with Laborer's work.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0300‐005 07/01/2025
Rates Fringes
Asbestos Removal Laborer.........$ 46.48 25.93 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos‐containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos‐ containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0345‐001 07/01/2025
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LABORER (GUNITE)
GROUP 1.....................$ 55.88 23.77
GROUP 2.....................$ 54.93 23.77
GROUP 3.....................$ 51.39 23.77
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal‐to‐portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'‐0"" above base level and which work must be performed in whole or in part more than 75'‐0"" above base level, that work performed above the 75'‐0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
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GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO1184‐001 07/01/2025
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Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 47.94 20.86
(2) Vehicle Operator/Hauler.$ 48.11 20.86
(3) Horizontal Directional
Drill Operator..............$ 49.96 20.86
(4) Electronic Tracking
Locator.....................$ 51.96 20.86
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 49.30 23.97
GROUP 2.....................$ 50.60 23.97
GROUP 3.....................$ 52.61 23.97
GROUP 4.....................$ 54.35 23.97
LABORERS ‐ STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender ‐ removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Firefox https://sam.gov/wage-determination/CA20250001/14 20 of 27 9/19/2025, 11:44 AM
LABO1414‐003 08/06/2025
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LABORER
PLASTER CLEAN‐UP LABORER....$ 46.17 25.97
PLASTER TENDER..............$ 48.72 25.97
Work on a swing stage scaffold: $1.00 per hour additional.
Work at Military Bases ‐ $3.00 additional per hour:
Coronado Naval Amphibious Base, Fort Irwin, Marine Corps Air Station‐29 Palms, Imperial Beach Naval Air Station, Marine Corps Logistics Supply Base, Marine Corps Pickle Meadows, Mountain Warfare Training Center, Naval Air
Facility‐Seeley, North Island Naval Air Station, Vandenberg AFB.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PAIN0036‐001 07/01/2023
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Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59 17.12
(2) All Other Work..........$ 38.52 18.64
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PAIN0036‐010 09/01/2024
Rates Fringes
DRYWALL FINISHER/TAPER
(1) Building & Heavy
Construction................$ 43.59 24.80
(2) Residential
Construction (Wood frame
apartments, single family
homes and multi‐duplexes
up to and including four
stories)....................$ 32.27 14.70
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PAIN0036‐012 10/01/2024
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GLAZIER..........................$ 52.90 22.16 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PAIN0036‐019 01/01/2025
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SOFT FLOOR LAYER.................$ 40.77 19.37 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Firefox https://sam.gov/wage-determination/CA20250001/14 21 of 27 9/19/2025, 11:44 AM
PLAS0200‐005 08/03/2022
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PLASTERER........................$ 47.37 19.64
NORTH ISLAND NAVAL AIR STATION, COLORADO NAVAL AMPHIBIOUS BASE, IMPERIAL BEACH NAVAL AIR STATION: $3.00 additional per hour.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PLAS0500‐001 07/01/2018
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CEMENT MASON/CONCRETE FINISHER
GROUP 1.....................$ 26.34 19.77
GROUP 2.....................$ 27.99 19.77
GROUP 3.....................$ 30.07 21.12
CEMENT MASONS ‐ work inside the building line, meeting the following criteria:
GROUP 1: Residential wood frame project of any size; work classified as Type III, IV or Type V construction;
interior tenant improvement work regardless the size of the project; any wood frame project of four stories or less.
GROUP 2: Work classified as type I and II construction
GROUP 3: All other work
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PLUM0016‐006 09/01/2024
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PLUMBER, PIPEFITTER,
STEAMFITTER
Camp Pendleton; Vandenberg
Air Force Base..............$ 61.68 26.51
Work ONLY on new additions
and remodeling of
commercial buildings,
bars, restaurants, and
stores not to exceed 5,000
sq. ft. of floor space......$ 53.51 25.28
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 44.24 23.96
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 59.48 26.61
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‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PLUM0016‐011 09/01/2024
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PLUMBER/PIPEFITTER
Residential.................$ 47.05 22.53
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PLUM0345‐001 09/01/2023
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PLUMBER
Landscape/Irrigation Fitter.$ 40.20 25.90
Sewer & Storm Drain Work....$ 44.29 23.28
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ROOF0045‐001 07/01/2024
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ROOFER...........................$ 42.80 12.64 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ SFCA0669‐001 04/01/2025
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SPRINKLER FITTER.................$ 52.53 26.89 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ SHEE0206‐001 07/01/2023
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SHEET METAL WORKER
Camp Pendleton..............$ 50.20 30.80
Except Camp Pendleton.......$ 48.20 30.80
Sheet Metal Technician......$ 36.21 10.24
SHEET METAL TECHNICIAN ‐ SCOPE:
a. Existing residential buildings, both single and
multi‐family, where each unit is heated and/or cooled by a separate system b. New single family residential buildings including tracts. c. New multi‐family residential buildings, not exceeding five stories of living space in height, provided each unit is heated or cooled by a separate system. Hotels and motels are excluded. d. LIGHT COMMERCIAL WORK: Any sheet metal, heating and air conditioning work performed on a project where the total construction cost, excluding land, is under $1,000,000 e. TENANT IMPROVEMENT WORK: Any work necessary to finish interior spaces to conform to the occupants of
commercial buildings, after completion of the building shell ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ TEAM0166‐001 07/01/2025
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Truck drivers:
GROUP 1.....................$ 32.12 27.07
GROUP 2.....................$ 42.71 27.07
GROUP 3.....................$ 42.91 27.07
GROUP 4.....................$ 43.11 27.07
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GROUP 5.....................$ 43.31 27.07
GROUP 6.....................$ 43.80 27.07
GROUP 7.....................$ 45.31 27.07
FOOTNOTE: HAZMAT PAY: Work on a hazmat job, where hazmat certification is required, shall be paid, in addition to the classification working in, as follows: Levels A, B and C ‐ +$1.00 per hour. Workers shall be paid hazmat pay in increments of four (4) and eight (8) hours.
TRUCK DRIVER CLASSIFICATIONS
GROUP 1: Fuel Man, Swamper
GROUP 2: 2‐axle Dump Truck, 2‐axle Flat Bed,Concrete Pumping Truck, Industrial Lift Truck, Motorized Traffic Control, Pickup Truck on Jobsite
GROUP 3: 2‐axle Water Truck, 3‐axle Dump Truck, 3‐axle Flat Bed, Erosion Control Nozzleman, Dump Crete Truck under 6.5 yd, Forklift 15,000 lbs and over, Prell Truck, Pipeline Work Truck Driver, Road Oil Spreader, Cement Distributor or Slurry Driver, Bootman, Ross Carrier
GROUP 4: Off‐road Dump Truck under 35 tons 4‐axles but less than 7‐axles, Low‐Bed Truck & Trailer, Transit Mix Trucks under 8 yd, 3‐axle Water Truck, Erosion Control Driver, Grout Mixer Truck, Dump Crete 6.5yd and over, Dumpster
Trucks, DW 10, DW 20 and over, Fuel Truck and Dynamite, Truck Greaser, Truck Mounted Mobile Sweeper 2‐axle Winch Truck
GROUP 5: Off‐road Dump Truck 35 tons and over, 7‐axles or more, Transit Mix Trucks 8 yd and over, A‐Frame Truck,
Swedish Cranes
GROUP 6: Off‐Road Special Equipment (including but not limited to Water Pull Tankers, Athey Wagons, DJB, B70
Wuclids or like Equipment)
GROUP 7: Repairman
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 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 Firefox https://sam.gov/wage-determination/CA20250001/14 24 of 27 9/19/2025, 11:44 AM
resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government‐contracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (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
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The ""SU"" identifier indicates that either a single non‐union rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non‐union rates. Example: SUFL2022‐007 6/27/2024. SU indicates the rate is a single non‐union
prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are 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 Firefox https://sam.gov/wage-determination/CA20250001/14 26 of 27 9/19/2025, 11:44 AM
directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to BCWD‐[email protected] or by mail to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via email to [email protected] or by mail to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210.
================================================================ END OF GENERAL DECISION"
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Community Development and Housing
(CDH)
CONSTRUCTION CONTRACT
LABOR COMPLIANCE PROVISIONS
(Attachment D)
NOTICE TO BIDDERS
COUNTYWIDE VISION
The project(s) implemented with these funds assist in meeting an element of the Countywide Vision for sustainable infrastructures and housing as adopted by the County Board of Supervisors and San Bernardino County Transportation Authority on June 30, 2011.
PROJECT FUNDING SUBJECT TO FEDERAL PREVAILING WAGE REQUIREMENTS Bidders are advised that federal funds are being used for this project and that as a result, certain requirements are to be imposed, depending upon the source of the federal funds. Sources may include Community Development Block Grant (CDBG) funds, Neighborhood Stabilization Program (NSP) funds and/or HOME Investment Partnerships Program (HOME) funds. The utilization of these federal funds on a project will require the payment of federal prevailing wages under the Davis-Bacon and Related Acts (“DBRA”) (40 USC §3142, 40 USC §§ 276a-276a-7, 29 CFR Part 5), which will be enforced when the contract amount for the Prime Contract exceeds $2,000. The Prime Contractor is responsible for ensuring all Subcontractor(s) and lower tier Subcontractor(s) comply with DBRA. Also, Federal Labor Standards Provisions (HUD-4010) apply and are attached.
A copy of the Federal Prevailing Wage Decision, the date of which reflects the latest applicable modification at the time of the bid advertisement, shall be included. Bidders shall be notified, via Addendum, of modifications, if any, which supersede that modification included herein, up until a minimum of ten days prior to the actual Bid Opening for this project. Bidder can obtain Davis-Bacon Act Wage Decision(s) at: https://sam.gov/content/home.
Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity - The bidder's attention is called to the "Equal Opportunity Clause” and "Standard Federal Equal Employment Specifications" contained in the bid package. Goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, is 19% for minorities and 6.9% for women.
PROJECT FUNDING SUBJECT TO STATE PREVAILING WAGE REQUIREMENTS Bidder is advised and certify by bidding on this project that bidder (including any and all subcontractors) is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Section 1720 of the California Labor Code states in part: “For purposes of this paragraph, ‘construction’ includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the post-construction phases of construction, including, but not limited to, all cleanup work at the jobsite.” If the Services/Scope of Work are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services/Scope of Work available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the project site. Contractor will also adhere to any other applicable requirements, including but not limited to, those regarding the employment of apprentices, travel and
subsistence pay, retention and inspection of payroll records, workers compensation and forfeiture of penalties prescribed in the Labor Code for violations. Contractor shall defend, indemnify and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with Prevailing Wage Laws.
Upon request by bidder a copy of the Director’s General Prevailing Wage Determination(s), the date of which reflects the latest applicable modification at the time of this bid advertisement will be furnished. Bidders shall be notified, via Addendum, of modifications, if any, which supersede that wage determination. Bidder can obtain a copy of the Director’s General Prevailing Wage Determination(s) at: http://www.dir.ca.gov/OPRL/dprewagedetermination.htm.
PROJECT(S) SUBJECT TO FEDERAL AND STATE PREVAILING WAGE REQUIREMENTS When the project(s) is subject to both the State (CA) and Federal (Davis-Bacon) prevailing wage rate laws, and when federal funds trigger prevailing wage requirements as determined under the Davis Bacon Act, the higher of the two, the State prevailing wage rate and the Davis-Bacon (federal) wage rate and the most restricted prevailing wage regulation(s) will apply to each job classification, and the project(s), unless applicable law requires otherwise.
PROJECT(S) SUBJECT TO BUILD AMERICA, BUY AMERICA ACT REQUIREMENTS Bidder is advised and certify by bidding on this project that bidder (including any and all sub-contractors) is aware of the requirements for the Buy America Preference, imposed by the Build America, Buy America Act (BABA), under Division G, Title IX of the Infrastructure Investment and Jobs Act (IIJA, PUB. L. No. 117-58 and 2 CFR 184) signed into law on November 15, 2021.
Bidder can obtain Build America, Buy America Act information at https://www.hud.gov/baba
TABLE OF CONTENTS
• CONSTRUCTION CONTRACT PROVISIONS – DEFINITIONS
• BUILD AMERICA, BUY AMERICA ACT
• LABOR COMPLIANCE REQUIREMENTS
• REQUIRED DOCUMENTS (including eDocuments)
• FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010)
• SECTION 3 24 CFR 75 PART, SUBPART A-D
• AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND
NON-CONSTRUCTION CONTRACTORS
• EQUAL OPPORTUNITY CLAUSES
• CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
• SAMPLE DOCUMENTS
• DAVIS-BACON WAGE DETERMINATION
CONSTRUCTION CONTRACT PROVISIONS - DEFINITIONS
The following are definitions of State and federal provisions/documents for federally-assisted projects.
NOTE: Please refer to the “Required Documents” table for any documents to be completed and submitted for this project. The term “Contractor” or “Contractor’s” are used throughout this document and may refer to the Prime Contractor, Subcontractor and/or lower tier Subcontractor. See the “Required Documents” table for information on which Contractor(s) are required to submit each document.
Affirmative Action Compliance Guidelines for Construction or Non-Construction Contractors – Generally, affirmative action requirements apply to contracts and subcontracts in excess of $10,000. This document provides guidelines to assist all Contractors, as identified on the “Required Documents” table, meet affirmative action and Equal Employment Opportunity requirements set forth in federal regulations 41 CFR 60.
Affirmative Action Compliance Form For Construction Contracts Over $10,000 (LCF DB16-2.2) – eDocument affirming all Contractors, as identified on the “Required Documents” table, understanding and implementation of Affirmative Action Compliance requirements.
Authorization For Payroll Deduction(s) (LCF 16-1.4) – eDocument signed by any employee of the Contractor, as identified on the “Required Documents” table, who has “Other/Garnish” payroll deduction.
Bid Bond − A bid guarantee of at least 10% of the contract price is required from each bidder and must be submitted with the Bid.
Build America, Buy America Act (BABA) - Requires that all iron and steel, construction materials, and manufactured products used in federally-funded infrastructure projects are produced in the Unites States.
The Prime Contractor is responsible to include Build America, Buy America language in all executed Subcontractor/Sub-Tier contracts for the project(s).
Business Certification – Business certification includes Disadvantaged Business Enterprise (DBE) - Disadvantaged Veteran Business Enterprise (DVBE) – Local Business Enterprise (LBE) – Minority Business Enterprise (MBE) – Small Business Enterprise (ESBE) – Women Business Enterprise (WBE).
Certificate of Owner’s Attorney − This certificate is to be completed by the owner’s attorney when applicable.
Certificate of Understanding and Authorization Form (LCF 16-1.2) – eDocument signed by all Contractors, as identified on the “Required Documents” table, certifying the most current “DavisBacon Labor Standards” has been read and understood.
Certification of Bidder Regarding Equal Employment Opportunity (LCF DB16-2.1) – eDocument certification required by all Contractors, as identified on the “Required Documents” table, by federal regulations (41 CFR 60).
Certification of Compliance with Air and Water Acts − All Contractors, as identified on the “Required Documents” table, must comply with this certification when the contract exceeds $100,000.
Checklist of Labor Law Requirements (LCF CA16-3.1) – eDocument signed by all Contractors, as identified on the “Required Documents” table, acknowledging awareness of the applicable labor law requirements.
Contractor’s Certification of Compliance with Davis-Bacon and Related Acts (LCF DB16-2.0) – eDocument certification required by all Contractors, as identified on the “Required Documents” table, by federal law (29 CFR 5).
Davis-Bacon Act Wage Decision − The Davis-Bacon Act Wage Decision contains the wage rates for construction projects within San Bernardino County. A copy of the Davis-Bacon Act Wage Decision is
included in the bid package and can also be found at https://www.sam.gov/portal/public/SAM/. The wage decision that applies to the project is the one in effect ten days prior to the bid opening date. eDocuments – Labor compliance documents required to be submitted by all Contractors, as identified on the “Required Documents” table, electronically prior to Certified Payroll submission. Each eDocument is listed by name in the definitions herein.
Equal Employment Opportunity Clauses/Equal Employment Opportunity Construction Contract Provisions − These provisions are to be inserted in all applicable federally assisted contracts and subcontracts.
E-signature Authorization (LCF 16-1.0) – eDocument signed by an owner, partner, executive officer, and all duly authorized “Designee” employee(s) of all Contractors, as identified on the “Required Documents” table, who have authority to enter into agreements on behalf of Contractor and who will be uploading eDocuments and/or certified payroll records (CPR)s into LCPtracker. This document must be notarized with an “Acknowledgment” form and will be valid for a period of one (1) calendar year from the signature date.
Federal Labor Standards Provisions (HUD-4010 form) − These provisions set forth the federal labor requirements for Contractors working on federally assisted construction projects in which the prime contract exceeds $2,000. Contractors are required to pay their laborers and mechanics working onsite a wage as specified in the FEDERALLY FUNDED PROJECTS section of this provision. The Prime Contractor is responsible to include the Labor Compliance Contract Addendum in all executed Subcontractor/SubTier contracts for the project(s).
Fringe Benefit Statement (LCF 16-1.3) – eDocument signed by all Contractors, as identified on the “Required Documents” table, identifying bona fide Fringe Benefits in which their employees are participating.
Labor and Materials Bond − This payment bond guarantees that employees/Subcontractors, and suppliers are paid for services rendered and materials supplied. The Labor and Materials Bond must be at least 100% of the contract price and must be submitted to the CITY/COUNTY upon award of the contract.
LCPtracker – County Community Development and Housing Department (CDH)’s Online Certified Payroll System.
Performance Bond − This bond guarantees the Contractor's performance under the terms of the construction contract and must be at least 100% of the contract price and submitted to the CITY/COUNTY following award of the contract.
Project Wage Rate Sheet (LCF 16-1.1) – eDocument used by all Contractors, as identified on the “Required Documents” table, to list all labor classifications and wage rate(s) applicable for the project to be set up in LCPtracker for CPR submittal.
Section 3 (24 CFR Part 75, Subpart A-D) − This law applies to all housing rehabilitation, housing construction and other public construction projects contract exceeding $200,000 or more of housing and community development financial assistance from one or more U.S. Department of Housing and Urban Development (HUD) programs.
Section 3 Resource Participation Certificate (LCF DB16-2.4) – eDocument to certify that all Contractors, as identified on the “Required Documents” table, have read the County’s Section 3 Plan and contacted the resources provided for information on participating in the program.
Section 3 Actions and Outcomes (LCF DB16-2.5) – eDocument signed by all Contractors, as identified on the “Required Documents” table, to certify how the Contractor will implement Section 3 hiring practices for the project.
1 U. S. Department of Housing and Urban Development
Office of Community Planning and Development
Special Attention of: NOTICE: CPD-2023-12
All Secretary's Representatives Issued: November 2, 2023 All State/Area Coordinators
All CPD Division Directors Expires: Effective until amended, superseded, HUD Field Offices or rescinded
HUD Regional Offices
Cross Reference:
Sections 70901-52 of Pub. L. No. 117-58
Subject: CPD Implementation Guidance for the Build America, Buy America Act’s domestic content procurement preference as part of the Infrastructure Investment and Jobs Act.
This Notice provides initial implementation guidance for programs administered by the U.S.
Department of Housing and Urban Development’s (HUD) Office of Community Planning and Development (CPD) for the “Buy America Preference” (BAP) imposed by the Build America, Buy America Act (BABA) enacted under Division G, Title IX of the Infrastructure Investment and Jobs Act (IIJA, Pub. L. No. 117-58) signed into law on November 15, 2021.
This Notice provides CPD grantees and participating jurisdictions, collectively referred to as grantees, an overview of BABA, including key terms, HUD actions to implement BABA, guidance on HUD’s general waivers, the phased implementation schedule for the BAP on CPD programs, and proposed next steps. The attached addenda include answers to frequently asked questions, examples of when the BAP applies for CPD grantees, and sample BAP language for agreements.
2 Purpose of the Notice
This Notice is intended to notify grantees of the “Buy America Preference” (BAP) requirement under the Build America, Buy America Act (BABA) as they apply to CPD programs.
This Notice identifies the CPD programs and activities that must comply with BABA along with the timeline for the application of the BAP. It also highlights issues that grantees will want to consider when preparing for HUD’s full implementation of the BAP, as described in “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 Fed. Reg. 17001, effective March 15, 2023). This Notice refers to 88 Fed. Reg. 17001 as the “Phased Implementation Waiver” which establishes BAP implementation points according to a schedule across HUD programs.
Note: The guidance provided in this Notice is subject to change if the Office of Management and Budget (OMB) updates guidance on the application of BABA for Federal financial assistance (FFA) programs for infrastructure.
I. Overview of Build America, Buy America Act
The Build America, Buy America Act (BABA)
The Build America, Buy America Act (BABA) was signed into law by President Biden on November 15, 2021, as part of the Infrastructure Investment and Jobs Act (IIJA) as Sections 70901- 52 of Pub. L. No. 117-58. In addition to providing funding for roads, bridges, rails, and high-speed internet access, it created an incentive to increase domestic manufacturing across the country through the inclusion of BABA’s “Buy America Preference” (BAP). In general, the BAP requires that all iron, steel, manufactured products, and construction materials used in infrastructure projects funded with Federal financial assistance (FFA), as outlined in Section 70914(a) of BABA, must be produced in the United States. The intent of the BAP in BABA is to stimulate private-sector investments in domestic manufacturing, bolster critical supply chains, and support the creation of well-paying jobs for people in the United States. The preference is also intended to bolster American firms’ ability to compete and lead globally for years to come by requiring entities that receive Federal infrastructure funds to use American materials and products.
The BABA preference for American materials and products applies to all spending on infrastructure projects by Federal agencies, including HUD. In BABA and for purposes of this Notice, the Federal infrastructure spending with a BAP is referred to as “Federal financial assistance” or “FFA.” Under Section 70912(7), FFA for infrastructure "projects” includes the “construction, alteration, maintenance, or repair of infrastructure in the United States”. Under Section 70914(a), the use of American iron and steel, construction materials, and manufactured products applies to funding from CPD programs for infrastructure projects. However, the BAP does not apply to “pre and post disaster or emergency response expenditures” under Section 70912(4)(B). A list of CPD disaster or emergency funding meeting these criteria can be found in Section III.
Effective May 14, 2022, the BAP applies to infrastructure spending unless an agency issues a waiver in three limited situations: 1) when applying the domestic content procurement preference
3 would be inconsistent with the public interest, 2) when types of iron, steel, manufactured products or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality, or 3) where the inclusion of those products and materials will increase the cost of the overall project by more than 25 percent. Before issuing a waiver, under Section 70914(c), the head of a Federal agency, including HUD, must make publicly available a detailed written explanation for the proposed determination to issue the waiver and provide a period of not less than 15 days for public comment on the proposed waiver. Additional details on waivers can be found in Section IV.
A. Federal Government-wide Guidance on BABA
As a part of the Federal government’s support of domestic production and manufacturing through infrastructure investments, OMB and HUD have taken several steps to implement the BAP by providing guidance and issuing HUD general waivers.
On August 23, 2023, OMB issued final rules for 2 CFR Parts 184 and 200 and provided further guidance on implementing the statutory requirements and improving FFA management and transparency (88 Fed. Reg. 57750, effective October 23, 2023). These government-wide regulations apply to HUD programs and provide direction on implementing a BAP waiver process. The new and revised regulations also provide additional guidance on construction material standards, the cost components of manufactured products, and their definitions.
On October 25, 2023, OMB issued guidance to all Federal agencies on how to implement BABA consistently across the government. The “Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure” (M-24-02) (OMB Guidance) directs Federal agencies, including HUD, on how to apply the BAP and provides an overview of the BAP waiver requirements. OMB may also issue additional or updated guidance in the future, and HUD will update its guidance as necessary.
B. HUD Actions and Guidance on BABA
BABA is a new and complex statute, which became effective in 2022. As such, establishing governmentwide guidance on these new statutory requirements has been an iterative process. Since the passage of BABA, HUD has worked diligently to implement the BAP for all HUD programs.
Before the law became effective on May 14, 2022, HUD established a Department-wide BABA leadership committee. Beginning in June 2022, HUD issued a Request for Information (RFI) and collected public comments on potential BABA implications for HUD grantees. Based on these comments and to ease the transition in complying with the BAP, HUD proposed and received four general waivers for covered FFA, which includes CPD programs. These waivers and other BABA information are available on HUD’s website at BABA | HUD.gov / U.S. Department of Housing and Urban Development (HUD). Further details on these waivers and their application to CPD programs are provided in Section IV of this Notice.
CPD has taken several actions to notify and communicate with stakeholders and grantees on BABA requirements and their impact on CPD programs. All CPD Fiscal Year (FY) 2022 grant transmittal letters and notices of funding opportunities (NOFOs) included a reference to the BAP
4 under BABA. For the FY2023 funding allocations, all CPD grant agreements with covered FFA included a clause to require that the grantee must comply with BABA, as applicable. Throughout 2023, CPD has held BABA information sessions for CPD grantees and has a dedicated email box at [email protected] to answer questions from individual grantees and stakeholders.
HUD is continuing to work towards implementing BABA across its covered FFA programs.
Next steps include establishing a centralized waiver process for all HUD covered programs. CPD is incorporating BABA in its existing reporting systems and processes. To assist grantees, CPD is also developing additional guidance materials and support as the phased implementation of BABA progresses.
II. Definitions
Key terms that have relevance to the interpretation and implementation of the BAP for CPD programs are defined in the BABA statute and may be found in 2 CFR part 184 and OMB guidance.
A. Build America, Buy America Act is defined in 2 CFR § 184.3 and means division G, title IX, subtitle A, parts I–II, sections 70901 through 70927 of the Infrastructure Investment and Jobs Act (Pub. L. No. 117-58)
B. Buy America Preference is defined in 2 CFR § 184.3 and means the “domestic content procurement preference” set forth in section 70914 of BABA, which requires the head of each Federal agency to ensure that none of the funds made available for a Federal award for an infrastructure project may be obligated unless all of the iron, steel, manufactured products, and construction materials incorporated into the project are produced in the United States.
C. Categorization of Articles. The term “categorization of articles” refers to the requirement that articles, materials, and supplies should only be classified into one of the following categories:
i. Iron or steel products;
ii. Manufactured products;
iii. Construction materials; or
iv. Section 70917(c) materials.
An article, material, or supply should not be classified into more than one category and must be made based on the status of the article, material, or supply upon arrival to the work site for use in an infrastructure project. Articles, materials, or supplies must meet the Buy America Preference for only the single category in which they are classified and, in some cases, may not fall under any of the categories listed above.
D. Component is defined in 2 CFR § 184.3 and means an article, material, or supply, whether manufactured or unmanufactured, incorporated directly into: a manufactured product; or, where applicable, an iron or steel product.
E. Construction Materials is defined in 2 CFR § 184.3 and means articles, materials, or
5 supplies that consist of only one of the items listed in paragraph (1) of this definition, except as provided in paragraph (2) of this definition. To the extent one of the items listed in paragraph (1) contains as inputs other items listed in paragraph (1), it is nonetheless a construction material.
(1) The listed items are:
i. Non-ferrous metals;
ii. Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); iii. Glass (including optic glass);
iv. Fiber optic cable (including drop cable);
v. Optical fiber;
vi. Lumber;
vii. Engineered wood, and
viii. Drywall.
(2) Minor additions of articles, materials, supplies or binding agents to a construction material do not change the categorization of the construction material.
F. Covered Materials includes the following when used in connection with an Infrastructure Project:
(A) all iron and steel;
(B) all Manufactured Products; and
(C) all Construction Materials.
G. Covered CPD Programs. The term “covered CPD programs” means any Federal financial assistance administered by CPD that is used for infrastructure purposes, excepting expenditures related to pre and post disaster or emergency response.
H. Grantee. The term “grantee,” as defined at 24 CFR 5.100, means the person or legal entity to which a grant is awarded and that is accountable for the use of the funds provided.
I. Federal Financial Assistance (FFA) has the meaning given to the term in 2 CFR 200.1 (or successor regulations) and includes all expenditures by a Federal agency to a NonFederal Entity for an Infrastructure Project, except that it does not include:
(A) expenditures for assistance authorized under section 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5170c, 5172, 5174, or 5192) relating to a major disaster or emergency declared by the President under section 401 or 501, respectively, of such Act (42 U.S.C. 5170, 5191); or
(B) pre and post disaster or emergency response expenditures.
J. Infrastructure is described in 2 CFR 184.4(c) and encompasses public infrastructure projects in the United States, which includes, at a minimum: the structures, facilities, and equipment for roads, highways, and bridges; public transportation; dams, ports, harbors, and other
6 maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and structures, facilities, and equipment that generate, transport, and distribute energy including electric vehicle (EV) charging. See also 2 CFR 184.4(d).
K. Infrastructure Project. The term “infrastructure project” is defined in 2 CFR 184.3 and means any activity related to the construction, alteration, maintenance, or repair of infrastructure in the United States regardless of whether infrastructure is the primary purpose of the project.
L. Iron and Steel Products. The term “iron and steel products” is defined in 2 CFR 184.3 and means an article, material, or supply that consists wholly or predominantly of iron or steel, or a combination of both.
M. Predominantly of iron or steel or a combination of both is defined in 2 CFR 184.3 and means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components.
N. Made in America Office. The term “Made in America Office” or “MIAO” means the office at the Office of Management and Budget, established by section 70923 of BABA, that is charged with, among other things, enforcing compliance with the BAP and establishing the procedures to review waiver requests proposed by a Federal awarding agency.
O. Manufactured Products is defined in 2 CFR 184.3 and means:
(1) Articles, materials, or supplies that have been:
(i) Processed into a specific form and shape; or
(ii) Combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies. (2) If an item is classified as an iron or steel product, a construction material, or a section 70917(c) material under 2 CFR 184.4(e) and the definitions set forth in this section, then it is not a manufactured product. However, an article, material, or supply classified as a manufactured product under 2 CFR 184.4(e) and paragraph (1) of this definition may include components that are construction materials, iron or steel products, or section 70917(c) materials.
P. Manufacturer is defined in 2 CFR 184.3 and means the entity that performs the final manufacturing process that produces a manufactured product.
Q. Non-Federal Entity means a State, local government, Indian Tribe, Institution of Higher Education (IHE), or nonprofit organization, as provided in 2 CFR 200.1. Public Housing Agencies are Non-Federal Entities.
7 R. Not Listed Construction Materials. The term “not listed construction materials” refers to the category of construction materials that are subject to the BAP, but not included in HUD’s specifically listed construction materials, as defined in the Phased Implementation Waiver.
This includes:
i. plastic and polymer-based products other than composite building materials or plastic and polymer-based pipe or tube;
ii. glass (including optic glass); and
iii. drywall.
S. Obligate. The term “obligate,” for purposes of HUD’s phased implementation of BABA, means the date that HUD executed the legal instrument creating the relationship between HUD and the grantee for an award of Federal financial assistance. The milestone that establishes an obligation date depends on each program but for many CPD programs, such as CDBG, the obligation date occurs upon HUD’s execution of the grant agreement.
T. OMB Guidance. The term “OMB guidance” refers to 2 CFR Part 184, the "Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure” (M-24-02), issued October 25, 2023, by the Office of Management and Budget, and any subsequent guidance to rescind or replace M-24-02. This guidance is applicable to the heads of all Federal agencies for the implementation of BABA’s Buy America Preference.
U. Pre and Post Disaster or Emergency Response Expenditures. The term “pre and post disaster or emergency response expenditures” means Federal funding authorized under section 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) relating to a major disaster or emergency declared by the President under section 401 or 501, respectively. The BAP does not apply to pre and post disaster or emergency response expenditures authorized by statutes other than the Stafford Act and made in anticipation of or in response to an event that qualifies as an emergency or major disaster within the meaning of the Stafford Act.
V. Produced in the United States is defined in 2 CFR 184.3 and means:
i. In the case of iron or steel products, all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
ii. In the case of manufactured products:
1. The product was manufactured in the United States; and
2. The cost of components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product. See 2 CFR 184.2(a). The costs of
components of a manufactured product are determined according
8 to 2 CFR 184.5.
iii. In the case of construction materials, all manufacturing processes for the construction material occurred in the United States. See 2 CFR 184.6 for more information on the meaning of “all manufacturing processes” for specific construction materials.
W. Project. The term “project” means the construction, alteration, maintenance, or repair of infrastructure in the United States. (Section 70912(7) of BABA).
X. Section 70917(c) Materials. The term “section 70917(c) materials” is defined in 2 CFR 184.3 and means cement and cementitious materials; aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. These materials are not considered “construction materials” for the purpose of BABA implementation.
Y. Specifically listed construction materials. The term “specifically listed construction materials” for HUD programs includes:
a. non-ferrous metals;
b. lumber;
c. composite building materials; and
d. plastic and polymer-based pipe and tube.
III. Applicability of the BAP on CPD Programs
Under Sections 70912 and 70914, the BAP applies to the purchase of iron, steel, manufactured products, and construction materials for Covered CPD Programs when funds are used for the construction, alteration, maintenance, or repair of infrastructure, as defined by BABA.
Covered CPD Programs currently include:
Community Development Block Grant Formula Programs (CDBG) Section 108 Loan Guarantee
HOME Investment Partnerships Program (HOME)
HOME Investment Partnerships American Rescue Plan Program (HOME-ARP) Housing Trust Fund (HTF)
Recovery Housing Program (RHP)
Emergency Solutions Grants (ESG)
Continuum of Care (CoC)
Housing Opportunities for Persons With AIDS (HOPWA)
Self-Help Homeownership Opportunity Program (SHOP)
Special NOFA for unsheltered and rural homeless
Veterans Housing Rehabilitation and Modification Program (VHRMP) Community Project Funding (CPF)/Economic Development Initiatives (EDI) Section 4 Capacity Building
Rural Capacity Building
Pathways to Removing Obstacles to Housing (PRO Housing) Preservation and Reinvestment Initiative for Community Enhancement (PRICE)
9 FY23 Permanent Supportive Housing (PSH) Funds
This list of Covered CPD Programs is subject to change if there are any changes to the eligible uses of funds or the establishment of new programs that fund infrastructure and are covered by BABA.
CPD Programs Not Covered by BAP:
Under Section 70912(4)(B), the BAP does not apply to Federal funds for “pre and post disaster or emergency response.” The following CPD funds are administered for disaster or emergency-related purposes and therefore the BAP does not apply:
Community Development Block Grant – Disaster Recovery Funds (CDBG-DR) Community Development Block Grant – Mitigation (CDBG-MIT) Community Development Block Grant – National Disaster Resilience Competition (CDBGNDR) Community Development Block Grant CARES Act (CDBG-CV) Housing Opportunities for Persons With AIDS CARES Act (HOPWA-CV) Emergency Solutions Grants CARES Act (ESG-CV)
Additionally, the Community Compass Technical Assistance program is excluded from the BAP as the program does not fund any covered infrastructure activities.
IV. Buy America Preference Waivers Currently in Effect for HUD Programs Under Section 70914(b), HUD is able to issue, after consultation with OMB’s MIAO, general waivers, and project-specific waivers to the BAP if it is determined that a waiver falls into one of the following three categories: 1) when applying the domestic content procurement preference would be inconsistent with the public interest, 2) when types of iron, steel, manufactured product or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality, or 3) where the inclusion of those products and materials will increase the cost of the overall project by more than 25 percent. In order for HUD to consider either a general or project specific waiver request and be able to review it with OMB, the waiver must include a detailed written explanation and allow for the public to comment for at least 15 days, as required under Section 70914(c).
10 HUD’s General Waivers Applicable to Covered CPD Programs Four general applicability waivers are currently in effect for HUD programs and apply to all Covered CPD Programs. Each waiver is outlined below.
General
Waiver Type
Purpose Effective Dates
Public Interest
Phased
Implementation
HUD issued a public interest waiver,
“Public Interest Phased Implementation
Waiver for FY 2022 and 2023 of Build
America, Buy America Provisions as
Applied to Recipients of HUD Federal
Financial Assistance” to allow for
orderly implementation of the BAP
across HUD programs. The Phased
Implementation Waiver establishes a
schedule for the phased implementation
of the BAP across CPD programs and
infrastructure materials.
The public interest waiver was
issued in March 2023 and
established a phased
implementation schedule for the
application of the BAP to HUD
programs through FY2025. The
BAP has been in effect since
November 15, 2022, for the use of
iron and steel for infrastructure
projects funded with newly
obligated FFA through the CDBG
program.
Exigent
Circumstances
HUD issued a public interest waiver for
exigent circumstances, “Public Interest
Waiver of Build America, Buy America
Provisions for Exigent Circumstances as
Applied to Certain Recipients of HUD
Federal Financial Assistance”. This
waiver applies when there is an urgent
need by a CPD grantee to immediately
complete an infrastructure project
because of a threat to life, safety, or
property of residents and the
community.
The public interest waiver for
exigent circumstances is effective
from November 23, 2022, for a
period of five years ending on
November 23, 2027, or such
shorter time as HUD may
announce via Notice.
De Minimis,
Small Grants,
and Minor
Components
HUD issued a public interest de
minimis, small grants, and minor
components waiver titled “Public
Interest De Minimis and Small Grants
Waiver of Build America, Buy America
Provisions as Applied to Certain
Recipients of HUD Federal Financial
Assistance”. This waives the BAP for all
infrastructure projects whose total cost
(from all funding sources) is equal to or
less than the simplified acquisition
threshold at 2 CFR 200.1 which is
currently $250,000. This Notice also
waives the application of the BAP for a
The public interest de minimis,
small grants, and minor
components waiver is effective
from November 23, 2022, for a
period of five years ending on
November 23, 2027, or such
shorter time as HUD may
announce via Notice.
11 General
Waiver Type
Purpose Effective Dates
de minimis portion of an infrastructure
project, meaning a cumulative total of
no more than five percent of the total
cost of the iron, steel, manufactured
products, and construction materials
used in and incorporated into the
infrastructure project, up to a maximum
of $1 million.
Tribal
Recipients
Waiver
HUD issued a public interest waiver,
“Extension of Public Interest, General
Applicability Waiver of Build America,
Buy America Provisions as Applied to
Tribal Recipients of HUD Federal
Financial Assistance: Final Notice” for
the BAP as it applies to Tribal
recipients. HUD will consult with
Tribally Designated Housing Entities
and other Tribal Entities on how to
apply the BAP.
The waiver of the BAP as it
applies to Tribal recipients is
effective from May 23, 2023, until
May 23, 2024.
HUD Project-Specific Waivers
Additionally, a CPD grantee may request a project-specific waiver from the BAP for covered FFA on a limited, case-by-case basis. HUD may grant a project specific waiver after consultation and review with the OMB’s MIAO. As with the general waivers, under Section 70914(b) HUD may issue a project-specific waiver to the BAP if it is determined that a waiver falls into one of the following three categories: 1) when applying the domestic content procurement preference would be inconsistent with the public interest, 2) when types of iron, steel, manufactured product or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality, or 3) where the inclusion of those products and materials will increase the cost of the overall project by more than 25 percent. A waiver for a specific project may vary depending upon the circumstances of the project, and specific items, products, or materials in question.
Understanding HUD’s Phased Implementation Approach
Under Section 70914(a), the BAP for covered FFA infrastructure projects, including those funded by CPD programs, was required to be in effect no later than 180 days after it was signed into law. Thus, starting May 14, 2022, all new awards of covered FFA for infrastructure projects obligated by HUD would have had a BAP under BABA. Due to the short implementation period of 180 days, and to allow for the domestic industry and FFA recipients to have the time and notice necessary to implement BABA efficiently and effectively, HUD issued several general public
12 interest waivers, including a Phased Implementation Waiver. Over the course of two years, under this waiver, HUD will implement the BAP in an incremental process for all HUD programs, including CPD programs, to come into compliance with BABA. This phased approach is also intended to reduce the burden on grantees due to the uncertain costs of compliance with the BAP.
This approach is also intended to provide transparency concerning the full implementation plans in connection with HUD infrastructure projects. HUD wants to avoid any unnecessary and undue hardships that could jeopardize the timely and cost-effective completion of projects that previously were not subject to a BAP and to allow time for grantees to come into full compliance.
In the table below, the columns identify four separate categories of covered materials subject to the BAP (iron and steel, specifically listed construction materials, not listed construction materials, and manufactured products) and the rows identify covered HUD programs. To use the table, find the program that funds the project under consideration, then find the covered materials that will be used in the project. The cell in the table where the applicable row and column intersect indicates the date on which the BAP will begin applying to the specific materials used in the project under consideration. It is important to note that the date of obligation is the date on which HUD executed the legal instrument creating the relationship between HUD and the grantee for an award of FFA, commonly the date the grant agreement is signed by HUD.
13 Phased Implementation Schedule for HUD Programs
The table below outlines the phased implementation timeline for HUD’s covered programs published in the Phased Implementation Waiver.
BAP will apply to… Iron and Steel Construction
Materials –
Specifically Listed
Construction
Materials –
Not Listed
Manufactured
Products
CDBG Formula
Grants
All funds
obligated on or
after November
15, 2022
As of the date HUD
obligates new FFA
from Fiscal Year
2024 appropriations
As of the date HUD
obligates new FFA
from Fiscal Year 2025
appropriations
As of the date
HUD obligates
new FFA from
Fiscal Year
2025
appropriations
Choice
Neighborhood,
Lead Hazard
Reduction, and
Healthy Homes
Production Grants
New FFA
obligated by
HUD on or after
February 22,
2023
New FFA obligated
by HUD on or after
August 23, 2024
New FFA obligated
by HUD on or after
August 23, 2024
New FFA
obligated by
HUD on or
after August
23, 2024
Recovery Housing
Program (RHP)
Grants
New FFA
obligated by
HUD on or after
August 23, 2023
As of the date HUD
obligates new FFA
from Fiscal Year
2024 appropriations
As of the date HUD
obligates new FFA
from Fiscal Year 2025
appropriations
As of the date
HUD obligates
new FFA from
Fiscal Year
2025
appropriations
All HUD other FFA
except HOME,
Housing Trust
Fund, and Public
Housing FFA used
for maintenance
projects
New FFA
obligated by
HUD on or after
February 22,
2024
New FFA obligated
by HUD on or after
August 23, 2024
New FFA obligated
by HUD on or after
August 23, 2024
New FFA
obligated by
HUD on or
after August
23, 2024
HOME, Housing
Trust Fund, and
Public Housing
FFA used for
maintenance
projects
New FFA
obligated by
HUD on or after
August 23, 2024
New FFA obligated
by HUD on or after
August 23, 2024
New FFA obligated
by HUD on or after
August 23, 2024
New FFA
obligated by
HUD on or
after August
23, 2024
14 Phased Implementation Schedule for CPD Programs
Covered CPD programs began applying the BAP for infrastructure projects not covered under a general waiver for specific materials in phases beginning on November 15, 2022, and through FY2025. This section describes when the BAP applies to specific Covered CPD programs in accordance with HUD’s Phased Implementation Waiver.
Iron or Steel
CPD Program BAP Effective Date Implementation Examples
CDBG
The BAP first applied to
CDBG funds, obligated on
or after November 15,
2022, and that will be used
to purchase iron and steel
for infrastructure projects.
This means CDBG grants obligated via a CDBG
grant agreement signed by HUD on or after
November 15, 2022, are subject to the BAP.
CDBG grants obligated via a CDBG grant
agreement signed by HUD prior to November 15,
2022, are not subject to the BAP.
RHP
The BAP will apply to
RHP funds obligated on or
after August 23, 2023, used
to purchase iron or steel for
infrastructure projects.
This means RHP grants obligated via a RHP grant
agreement signed by HUD on or after August 23,
2023, are subject to the BAP. A RHP grant
obligated via a grant agreement signed by HUD
prior to August 23, 2023, is not subject to the BAP.
ESG,
CoC,
HOPWA,
SHOP,
VHRMP,
CPF/EDI,
Section 4,
Rural Capacity
Building,
Pro Housing,
PRICE,
PSH,
and NOFOs
The BAP will apply to
funds from all other
covered CPD programs,
except HOME and HTF,
obligated on or after
February 22, 2024, used to
purchase iron or steel for
infrastructure projects.
Grantees should identify the execution date by
HUD on the grant agreement or other legal
instrument. The BAP applies to funds obligated by
HUD on or after February 22, 2024.
For HOPWA competitive grants, obligation is the
date the award letter is signed. HOPWA
competitive grantees should compare the date on
its award letter to the February 22, 2024, to
determine if its grant is subject to the BAP.
EDI Community Project Funding has a different
obligation determination. Grantees should consult
their Congressional Grant Officer for more
information.
HOME & HTF
The BAP will apply to
HOME and HTF funds
obligated on or after
August 23, 2024, used to
purchase iron or steel for
infrastructure projects.
This means HOME and HTF grants obligated via
grant agreements signed by HUD on or after
August 23, 2024, are subject to the BAP. A
HOME or HTF grant obligated via a grant
agreement signed by HUD prior to August 23,
2024, is not subject to the BAP.
15 Materials Other Than Iron or Steel
CDBG & RHP Programs All Other Covered CPD Programs
Specifically Listed
Construction Materials
(Non-Ferrous Metals,
Lumber, Composite
Building Materials,
Plastic and Polymer
Based Pipe and Tube)
The BAP will apply to FY2024
and subsequent CDBG and
RHP awards used to purchase
specifically listed construction
materials as well as to purchase
iron and steel.
The BAP will apply to funds from all
other Covered CPD programs
obligated on or after August 23, 2024,
used for the purchase of specifically
listed construction materials as well as
iron and steel for infrastructure
projects.
Not Listed
Construction Materials
The BAP will apply to FY2025
and subsequent CDBG and
RHP awards used to purchase
not listed construction materials
for infrastructure projects.
The BAP will apply to all Covered
CPD program (except CDBG and
RHP) funds obligated on or after
August 23, 2024, used for the purchase
of not listed construction materials, as
well as specifically listed construction
materials and iron and steel, for
infrastructure projects.
Manufactured
Products
The BAP will apply to FY2025
and subsequent CDBG and
RHP awards used to purchase
manufactured products as well
as specifically listed
construction materials and iron
and steel, for infrastructure
projects.
The BAP will apply to all Covered
CPD program funds (except CDBG
and RHP) obligated on or after August
23, 2024, used for the purchase of
manufactured products for
infrastructure projects.
Applying the BAP and HUD Waivers to CPD Programs
Once the BAP applies to an infrastructure project, a grantee must:
1. Comply with the BAP, or
2. Utilize one of HUD’s general waivers, or
3. Obtain a project-specific waiver to exclude the project from the BAP.
As a part of its record keeping, a CPD grantee should document its process to analyze if the BAP applies to a project using the approach below:
Step 1: Type of project/activity
Are the funds being used for an infrastructure project, as defined by BABA and explained in this notice?
If yes, proceed to step 2.
If no, the BAP does not apply. The BAP only applies to infrastructure projects.
16 Step 2: Funding source
Identify the source(s) of the project funding, including CPD funding, HUD funding or other Federal agency funding that must comply with BABA. Does the project funding include any Covered CPD Programs listed in this notice? (Note: The BAP does not apply to funds that are for pre- or post-disaster or emergency response.)
If yes, and HUD contributes the largest portion of Federal funds to the project, proceed to step 3.
If yes, and another Federal agency contributes the largest portion of Federal funds to the project, that Federal agency is the “Cognizant Agency for Made in America”, and the grantee should follow that agency’s guidance for applicability of the BAP to the project. If no, then the project does not need to comply with the BAP for CPD funds but may need to comply with the BAP due to the inclusion of other HUD or Federal funding sources.
Step 3: Materials
Identify the materials that will be used in this infrastructure project. Does the project use materials subject to the BAP (iron or steel, specifically listed construction materials, not listed construction materials, or manufactured products), identified in this Notice? If yes, proceed to step 4.
If no, then the BAP does not apply. The BAP only applies to covered materials.
Step 4: Date of obligation
Consult the Phased Implementation Waiver schedule table. Identify the cell that corresponds to the Covered CPD Program funding and materials used in your project. This cell identifies the date on which the BAP will apply for the Covered CPD Program and the materials. Based on the date of obligation of the Covered CPD Program funds, does the BAP apply to the funding source and materials that will be used in your project?
If yes, proceed to step 5.
If no, the BAP does not apply.
Step 5: General waivers
Consider the available HUD General Waivers. As of this Notice, there are three general waivers that may be utilized as an alternative to compliance with the BAP under the Phased Implementation Waiver: 1) Exigent Circumstances Waiver, 2) the De Minimis, Small Grants, and Minor Components Waiver, and 3) the Tribal Recipients Waiver. Analyze each available HUD general waiver, based upon the specific requirements of that waiver.
1. Exigent Circumstances Waiver: Is there an urgent need to immediately complete the project because of a threat to life, safety, or property of residents and the community? If yes, the Exigent Circumstances Waiver may apply, and the project would not be subject to the BAP.
2. De Minimis, Small Grants, and Minor Components Waiver: Is the total cost of the project equal to or less than $250,000?
If yes, the De Minimis, Small Grants, and Minor Components Waiver may apply, and the project would not be subject to the BAP.
17 OR
This waiver can be applied to a portion of the products used in an infrastructure project if the cumulative cost of those products does not exceed five percent of the total cost of covered products used in the project (up to $1 million).
In that case, the BAP would be waived for part of the project, but the rest of the project would still need to comply with the BAP.
3. Tribal Recipients Waiver: Is the project being funded by a Tribal recipient? If yes, the Tribal Recipients Waiver may apply, and the project would not be subject to the BAP. (This is rare for CPD programs.)
If no to General Waiver questions 1, 2, and 3, proceed to Step 6.
Step 6: Project-specific waivers
Consider the criteria for project-specific waivers. Project-specific waivers to the BAP may be available if it is determined that a waiver falls into one of the following three categories: 1) when applying the domestic content procurement preference would be inconsistent with the public interest, 2) when types of iron, steel, manufactured product or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality, or 3) where the inclusion of those products and materials will increase the cost of the overall project by more than 25 percent. Project-specific waivers are available on a limited, case-by-case basis, after HUD’s consultation and review with OMB’s MIAO.
1. Would applying the BAP to the project be inconsistent with the public interest? If yes, a project-specific waiver may be considered.
2. Are the types of iron, steel, manufactured products, or construction materials used in the project not produced in the United States in sufficient and reasonable available quantities or of a satisfactory quality?
If yes, a project-specific waiver may be considered.
3. Would the inclusion of iron, steel, manufactured products, or construction materials produced in the United States increase the cost of the overall project by more than 25 percent?
If yes, a project-specific waiver may be considered.
If no to Project specific waiver questions 1, 2, and 3, the BAP likely applies to the project and the project should comply with the requirements of the BAP.
Grantees should consult the entirety of this Notice and other applicable BABA guidance before making a determination on BAP applicability to a specific project. Grantees should reach out to their local CPD field office if they require additional assistance with determining BAP applicability.
18 Federal Government-wide Guidance on Project/Product-Specific Waivers Under Section 70914(b), BABA allows a Federal agency, such as HUD, to waive the BAP for covered FFA in three instances: 1) when applying the domestic content procurement preference would be inconsistent with the public interest, 2) when types of iron, steel, manufactured product or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality, or 3) where the inclusion of those products and materials will increase the cost of the overall project by more than 25 percent. To direct Federal agencies on how to implement this waiver process, OMB issued guidance that HUD will follow when reviewing a waiver request from a CPD grantee.
According to OMB, agencies may reject or grant waivers in whole or in part. When an agency is considering a waiver, it should, to the greatest extent possible, be issued at the project level and be product specific. When that is not possible, an agency may issue a broader waiver. The agency should follow three principles before issuing any type of waiver:
1) The waiver may be time-limited, meaning it is issued for a certain period of time, rather than for a specific project. For example, a time-limited waiver may apply when an item that is “nonavailable” is widely used in projects funded by a particular program. 2) The waiver should be targeted, meaning it should only apply to specific item(s), product(s), or material(s) or category(ies) of item(s), product(s), or material(s). 3) The waiver may be conditional with conditions that support the policies of BABA.
OMB guidance outlined the waiver review process for agencies to follow before issuing a waiver. Based on this guidance, HUD is developing its Department-wide project-specific waiver process. For HUD to consider a project or product-specific waiver it must:
Have a detailed justification for the use of goods, products, or materials mined, produced, or manufactured outside the United States.
A certification that there was a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with potential suppliers.
In addition, at a minimum and to the greatest extent practicable, each proposed waiver submitted for consideration by the MIAO should include the following information, as applicable:
o Waiver type (nonavailability, unreasonable cost, or public interest). o Recipient name and Unique Entity Identifier (UEI).
o Federal awarding agency organizational information (e.g., Common Governmentwide Accounting Classification (CGAC) Agency Code). o Financial assistance listing name and number.
o Federal financial assistance program name.
o Federal Award Identification Number (FAIN) (if available). o Federal financial assistance funding amount.
19 o Total estimated infrastructure expenditures, including all Federal and non-Federal funds (to the extent known).
o Infrastructure project description and location (to the extent known). o List of iron or steel item(s), manufactured products, and construction material(s) proposed to be excepted from Buy America requirements, including name, cost, country(ies) of origin (if known), and relevant PSC and NAICS code for each. o A certification that the Federal official or assistance recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor.
o A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach), by the Federal awarding agency and, and in the case of a project or award specific waiver, by the recipient, in an attempt to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America-compliant bids received in response to a solicitation. o Anticipated impact if no waiver is issued.
o Any relevant comments received through the public comment period.
The purpose of the information is to ensure that HUD has adequate information to perform due diligence, that MIAO has sufficient information to determine whether the proposed waiver is consistent with law and policy, and that sufficient information is available for public review.
Information provided for public review should help interested manufacturers gauge the demand for products for which agencies are considering waiving a Buy America preference.
Once HUD has reviewed all required information, it will notify OMB’s MIAO. The purpose of this consultation is for the MIAO to identify any opportunities to structure the waiver to maximize the use of goods, products, and materials produced in the United States to the greatest extent possible consistent with law. Following this consultation with MIAO, HUD is required to post the proposed waiver on its BABA website with a detailed written explanation of the proposed determination to issue the waiver and must provide at least 15 days for public comment. General applicability waivers require a minimum 30-day public comment period.
Once the public comment period ends, HUD will submit the proposed waiver to MIAO to determine if the waiver is consistent with applicable law and policy. The MIAO will notify the agency of its determination of the proposed waiver. Only after this process has been completed may the HUD issue the waiver.
Applying for a HUD Specific Waiver
Prior to seeking a waiver, grantees should determine if and how BABA applies and follow measures to maximize compliance with the BAP based on the above guidance. At this time, HUD’s BABA waiver process is as follows:
1. Contact [email protected] for BABA technical assistance as needed.
2. Prepare a “Build America Buy America Waiver Request” with the information required by the MIAO.
20 3. Submit a waiver application with all necessary information to HUD at [email protected].
HUD is currently using email while an automated process is under development.
4. Provide additional information as requested by HUD during the review process to proceed with public comment in the Federal Register, and final approval by MIAO.
5. HUD reviews waivers before they are posted to the Federal Register for public comment and sent to the MIAO for approval. If approved, the waiver is posted on MadeInAmerica.gov.
CPD Grantees Receiving Funds from Multiple Federal Agencies For CPD grantees that receive funds from multiple Federal agencies for an infrastructure project, the Federal agency contributing the greatest amount of covered FFA for the project will be considered the “Cognizant Agency for Made in America,” according to OMB Guidance. This lead agency should take responsibility for coordinating with the other Federal awarding agencies.
Such coordination will provide uniform waiver criteria and adjudication processes, minimize duplicative efforts among Federal agencies, and reduce burdens on recipients. The Cognizant Agency for Made in America shall be responsible for consulting with the other Federal awarding agencies, publicizing the proposed joint waiver, and submitting the proposed joint waiver for review to MIAO.
CPD Record Keeping Requirements
To comply with BABA, the BAP must be included in the terms and conditions of all federal awards including subawards, contracts, and purchase orders for the work performed or products supplied for infrastructure projects. CPD grantees should document the process to analyze if the BAP applies to a project using the approach in this Notice and collect records to demonstrate compliance with BABA requirements. Records should be consistent with existing records retention requirements for each of the Covered CPD programs. If there are no CPD program-specific records requirements, the CPD grantee may follow “retention requirements for records,” under 2 CFR § 200.334 as applicable to Federal grants.
HUD will issue guidance about reporting on BABA required activities under 24 CFR
91.520, at a later date. At this time, CPD is working to include the BAP into its existing CPD systems (Integrated Disbursement and Information System, Disaster Recovery Grant Reporting System) for grantees to generate reports to track progress and compliance with BABA.
Additional details on record keeping requirements will be determined by HUD and shared with CPD grantees as it is available.
V. Contact Information
Grantees that have questions on this Notice should contact their assigned HUD Field Office Representative or send their request directly to [email protected]. CPD Field Offices should direct inquiries and comments to their program desk officer.
21 Addendum 1
Frequently Asked Questions
General Information
1. What is BABA? What is the “Buy America Preference”?
The Build America, Buy America (BABA) Act was enacted on November 15, 2021, as part of the Infrastructure Investment and Jobs Act (IIJA) (Pub. L. No. 117-58) also known as the Bipartisan Infrastructure Law. BABA establishes a domestic content procurement preference known as the “Buy America Preference” (BAP) for Federal infrastructure spending. The BAP requires that all iron, steel, manufactured products, and construction materials used in infrastructure projects funded with Federal financial assistance must be produced in the United States.
2. What types of Federal financial assistance (FFA) are subject to the BAP? FFA subject to BABA includes all expenditures by a Federal agency to a non-Federal entity for an infrastructure project, including grants, cooperative agreements, non-cash contributions or donations of property, direct assistance, loans, loan guarantees, and other types of financial assistance.
3. What projects or activities does the BAP apply to?
The BAP applies to the iron, steel, construction materials, and manufactured products used in infrastructure projects funded by Federal financial assistance (FFA), which includes covered materials and covered activities. Infrastructure projects include construction, alteration, maintenance, or repair of any infrastructure in the United States as defined in the next paragraph and in the Definitions section of this Notice.
The term “infrastructure” includes the structures, facilities, and equipment for projects traditionally considered infrastructure, including buildings and real property. For CPD programs, this may include, but is not limited to, certain funding for:
road and sidewalk improvement projects;
water, sewer, and other utility projects;
broadband infrastructure;
housing construction and rehabilitation;
community facility construction and rehabilitation;
homeless shelter construction and rehabilitation;
and other CPD-funded activities that are defined as infrastructure according to BABA (section 70912(5)).
22 4. What materials does the BAP apply to?
The BAP requires that all iron, steel, manufactured products, and construction materials used in infrastructure projects funded with Federal financial assistance must be produced in the United States.
5. What does “produced in the United States” mean for materials to which the BAP applies?
The term “produced in the United States,” as defined in 2 CFR 184.3, means:
in the case of iron or steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. in the case of manufactured products that:
o the product was manufactured in the United States; and o the cost of components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product; and
in the case of construction materials, that all manufacturing processes for the construction material occurred in the United States.
CPD Program Specific
6. Which CPD programs are subject to the BAP?
Any CPD program that can be used for the purpose of infrastructure as defined by BABA.
These programs are considered Covered CPD programs.
7. Which CPD funds or programs are NOT subject to the BAP? The BAP does not apply to Federal funds for ‘‘pre and post disaster or emergency response’’ according to BABA. Therefore, at the time of publication of this notice, the BAP does not apply to the following CPD funds or programs that administer disaster related FFA:
Community Development Block Grant Disaster Recovery Funds (CDBG-DR) Community Development Block Grant Mitigation (CDBG-MIT) Community Development Block Grant – National Disaster Resilience Competition (CDBG-NDR)
Community Development Block Grant CARES Act (CDBG-CV) Housing Opportunities for Persons With AIDS CARES Act (HOPWA-CV) Emergency Solutions Grants CARES Act (ESG-CV)
The Community Compass Technical Assistance program is also excluded from the BAP as the program does not fund any covered infrastructure activities.
23 8. I am funding a project with CDBG funds that were obligated (i.e., the grant agreement was signed by HUD) before November 15, 2022. Does the BAP apply? No, the BAP does not apply to HUD funds that were obligated before November 15, 2022.
HUD defines the date of obligation as the date that HUD signed the agreement with the grantee. The BAP will apply to CDBG funds used for iron or steel that were obligated on or after November 15, 2022.
There is an additional consideration. If FY funds for which BABA applies are added to this infrastructure project, BABA then will apply to the entire project.
9. I am a grantee funding a project with CDBG funds that were obligated (i.e., the grant agreement was signed by HUD) on or after November 15, 2022. Does the BAP apply? If the CDBG funds used in your infrastructure project were obligated on or after November 15, 2022, the BAP will apply to all iron or steel used in the project, unless a waiver applies to the project. If these BABA funds are applied to an infrastructure project that does not have a BAP, the addition of these funds will attach BABA to the entire project. BABA would apply as described in HUD’s Phased Implementation Waiver unless there is a project-specific waiver approved by the MIAO.
10. I am funding a public facilities project with total FFA of $2,500,000. $400,000 of CDBG funds are being used for engineering and administration fees of a project.
Other federal funding will pay for the remaining construction activities. Is the BAP applicable to this project?
Yes, the total project cost is over $250,000 and the project is construction of an infrastructure project. The total cost of a project must not exceed $250,000 from all sources to qualify for an exemption of the BAP under HUD’s general waiver for small projects.
Documentation and Grant Management
11. Does the BAP apply to subrecipients or contractors? In most cases, yes, the BAP requirements apply to subgrantees, including subrecipients, contractors, and developers who are awarded Federal financial assistance for use in public infrastructure projects. The BAP requirements apply to all FFA and do not distinguish between the end user of the federal funds. The BAP applies as long as the funding is derived from a Federal agency, even if they are a pass-through entity unless a particular section of the terms and conditions of the Federal award specifically indicates otherwise.
24 12. Is there standard language grantees can include in subrecipient/bid contract documents?
Grantees should include the BABA language from their grant agreement in any subrecipient and bid contract documents to ensure BABA compliance by subrecipients, developers and/or contractors. Please refer to Addendum 3 for the language used in CPD grant agreements.
Waivers
13. Are there any waivers available for the BAP?
There are currently four general applicability waivers in effect for HUD programs that apply to CPD programs: 1) Phased Implementation Waiver, 2) Exigent Circumstances Waiver, 3) De Minimis, Small Grants, and Minor Components Waiver, and 4) Tribal Recipients Waiver. The details of each of these waivers can be found in Section IV of this Notice, or by visiting HUD’s BABA website to see the latest available HUD waivers at:
https://www.hud.gov/program_offices/general_counsel/baba. Waivers, as they are approved by the MIAO, will be updated on HUD’s website.
14. Will there be project or product specific waivers of the BAP? In addition to HUD’s general waivers, HUD may also grant “project-specific” waivers from the BAP for covered FFA on a limited, case-by-case basis, after consultation and review with the MIAO at OMB. HUD may issue a project-specific waiver to the BAP if it is determined that a waiver falls into one of the following three categories: 1) when applying the domestic content procurement preference would be inconsistent with the public interest, 2) when types of iron, steel, manufactured product or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality, or 3) where the inclusion of those products and materials will increase the cost of the overall project by more than 25 percent. A waiver for a specific project may vary depending upon the circumstances of the project, and specific items, products, or materials in question. . HUD is currently developing the process through which a grantee may request a waiver. More information will be made available once that process is developed.
25 Addendum 2
Examples of BAP for CPD Programs
This appendix provides a selection of illustrative examples to assist grantees in determining if the BAP applies to their projects.
Example 1: A grantee funds a water and sewer project containing iron and steel. The project is funded using $1 million in FY23 CDBG funding. The total Federal financial assistance for the project is $3 million.
The BAP applies to this project because it is a CDBG project using funding obligated on or after November 15, 2022, the project contains iron or steel, and the total cost of the project is greater than the simplified acquisition threshold at 2 CFR 200.1 which is currently $250,000.
Example 2: A grantee funds a water and sewer project containing iron and steel. The project is funded using $100,000 in FY23 CDBG funding. The total Federal financial assistance for the project is $2 million.
The BAP applies to this project because it is a CDBG project using funding obligated on or after November 15, 2022, the project contains iron or steel, and the total cost of the project is greater than $250,000.
Example 3: A participating jurisdiction contributes $2 million in HOME funds for construction of a multi-unit residential building, which includes iron or steel. The funds are obligated by HUD on July 15, 2023.
The BAP does not apply to this project because the BAP will not apply to HOME funds used for iron or steel until August 23, 2024.
Example 4: A participating jurisdiction contributes $2 million in HOME funds for the construction of a multi-unit residential building, using iron or steel. The funds are obligated by HUD after August 23, 2024.
The BAP applies to this project because the project includes iron or steel, the total cost of the project is greater than $250,000, and the project uses HOME funds obligated after the date on which the BAP begins to apply to HOME funds used for iron or steel.
Example 5: A grantee funds acquisition of land using $300,000 in Recovery Housing Program (RHP) funds that were obligated on September 1, 2023. The acquisition is part of a multifamily housing construction project containing iron or steel.
The BAP applies because the purpose of the funding is a covered activity (construction) that includes iron or steel. The total cost of the project from all sources is greater than $250,000 and the funds are obligated after the date on which the BAP applies to RHP funds used for iron or steel.
26 Example 6: A grantee purchases a fire engine which will serve a low- to -moderate-income neighborhood. The grantees uses $300,000 in FY23 CDBG funding for the purchase.
The BAP does not apply because the funding is not used for a covered activity (construction, alteration, maintenance, or repair) for an infrastructure project.
Example 7: A grantee uses $400,000 in Recovery Housing Program (RHP) funds to rehabilitate a multi-unit residential building, using iron or steel. The funds are obligated by HUD after August 23, 2023.
The BAP applies to this project because it uses iron or steel, the total cost of the project is greater than $250,000, and the project uses RHP funding that is obligated after the date on which the BAP begins to apply to RHP funds used for iron or steel (August 23, 2023).
27 Addendum 3
Sample BABA Language in Grant Agreements
The language below is included in all CPD program NOFOs and grant agreements. Similar to other cross cutting requirements, grantees should include the following BABA language in all contracts and agreements with subrecipients, contractors, developers and subgrantees. Grantees and subrecipients should include this language in any NOFOs and procurement bid/contract documents to ensure BABA compliance by subgrantees, developers and/or contractors.
The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.
LABOR COMPLIANCE REQUIREMENTS
Project Bidding
1. Borrower, Prime Contractor, Subcontractor, and every Sub-Tier contractor shall include this CONSTRUCTION CONTRACT LABOR COMPLIANCE PROVISIONS (Attachment D) in all bid documents for Prime Contractor(s), Subcontractor(s) and every Sub-Tier contractor(s) and must clearly state the appropriate prevailing wage rate(s) (i.e., Federal, State, commercial and/or residential and the date of the appropriate wage schedule) for the project(s).
Construction
1. Borrower, Prime Contractor, Subcontractor, and every Sub-Tier contractor shall include the Davis Bacon/California LABOR COMPLIANCE CONTRACT ADDENDUM (DB/CA LCCA) attachment and must clearly state the appropriate prevailing wage rate(s) (i.e., Federal, State, commercial and/or residential and the date of the appropriate wage schedule) for the project(s) in every executed agreement (i.e., contract, purchase order, on-call, etc.) on the project(s).
2. Borrower shall ensure that the Prime Contractor, prior to accepting prospective Subcontractor(s) bid(s) and any Subcontractor accepting prospective lower tier Subcontractor(s) bid(s), has confirmed that each Subcontractor’s and lower tier Subcontractor bid is based on the appropriate prevailing wage rate(s) and the correct job classifications for the work to be performed on the project(s) under the subcontract.
3. Prime Contractor, Subcontractor, and every lower tier Subcontractor shall maintain copies of their executed contract(s) for the project(s) and shall provide to CDH a copy of such executed contract(s) upon request within no more than three (3) business days.
4. Prior to construction start, CDH will conduct a mandatory Labor Compliance Pre-Construction Meeting(s).
Prime Contractor, Subcontractor, and every lower tier Subcontractor working on the project(s) shall have, in attendance from their office, a representative responsible for managing the duties of prevailing wage labor compliance. Items to be discussed include, but are not limited to, Federal and State labor law requirements applicable to the project(s), prevailing wage requirements, respective record-keeping responsibilities, the requirement for submittal of certified payroll records to CDH, compliance documents and the prohibition against discrimination in employment, required signage, sign-in sheets/daily logs, contract language, WMBE reporting, employee reporting, possible audits, etc. The meeting will be canceled and rescheduled if Prime Contractor, Subcontractor, and/or every lower tier Subcontractor working on the project(s) representative responsible for managing the duties of prevailing wage labor compliance fail to attend the meeting unless authorized to do so by CDH in writing prior to the meeting.
5. Prime Contractor shall maintain at project site(s) daily log/sign-in sheets. Daily log/sign-in sheets shall be separated by company. Sheets shall be written in English and Spanish (and other languages, as appropriate) and shall include CDH and any project labor consultant name and phone number of the current wage monitor, for any worker to contact if there are any questions or concerns about their wages or any other concerns about the project. Prime Contractor shall enforce that all workers employed on site must sign in at the job site daily including time-in, time-out and lunch period (including any applicable travel time to and from project site). The workers must identify the Prime Contractor, Subcontractor and any lower tier Subcontractor for whom they are working and their job classification. Daily log/sign-in sheets shall be emailed to CDH no more than seven (7) days from the end of the scheduled project work week. If requested in writing by CDH, Prime Contractor shall provide to CDH any requested daily log/sign-in sheet copies within no more than three (3) business days of request. Workers who are subject to split-classifications during their tour of duty on the project(s) site shall edit the daily log/sign-in sheets on day’s worker duties triggered split-classifications assignment to reflect their actual hours worked in each classification.
6. Prime Contractor, Subcontractor, and every lower tier Subcontractor shall complete in its entirety a Project ID Card for each worker employed on the worksite of the project(s). The Project ID Card shall be completed within five (5) days of execution of contract award for project(s) or before worker(s) begins employment on the project(s) site. The Project ID Card template shall be downloaded from LCPtracker.
Prime Contractor, Subcontractor, and every lower tier Subcontractor may use an equivalent Project ID form if approved by CDH in advance and in writing. Prime Contractor, Subcontractor, and every lower tier Subcontractor shall be responsible for furnishing and requiring each worker employed on the worksite to have in possession and/or display such identification card as may be approved and directed by CDH or its designee. Any worker(s) employed on project(s) site found to be without their Project ID Card may be removed from site until Project ID Card is restored. Any Prime Contractor, Subcontractor, and every lower tier Subcontractor who falsifies information on a Project ID Card and/or knowingly reports incorrect information regarding a worker employed on project(s) site shall be dismissed and removed from the project and barred from conducting further business on the project. Workers need to consider wearing heavy duty ID card holders, as they work in extremely physical environments.
7. CDH and/or its designee shall conduct employee interviews and Prime Contractor, Subcontractor, and every lower tier Subcontractor agrees to have their employees interviewed for the purposes of prevailing wage compliance. Employee interviews should be conducted at a frequency and number sufficient to establish the degree of adequacy and accuracy of the CPR, and the nature and extent of any violations.
They should also be representative of all classifications of employees on the project. (29 CFR 5.6 (a) (3)).
In doubtful compliance situations, interviews with former employees may be appropriate. Employee interviews are intended to be private from their employer and Prime Contractor agrees allow CDH and/or its designee to conduct such interviews. Each employee should be informed that the information given is confidential, and that his/her identity will not be disclosed to the employer without the employee’s written permission. CDH and/or its designee shall conduct at least one set of wage interviews with a representative group of workers during the project construction (PWRB 2013, Investigative Procedures Under Davis Bacon Related Act/Contract Work Hours and Safety Standards Act). CDH and/or its designee must conduct additional interviews if there is any reason to suspect a Contractor or their Subcontractor is at risk for violating wage requirements. As provided in 29 CFR 5.6(a)(5), all interviews must be conducted in confidence.
8. As permitted by Department of Labor, HUD, projects subject to DBRA and Title 8, section 16404 of the California Code of Regulations, allows Prime Contractor, Subcontractor and every lower tier Subcontractor to submit a weekly CPR electronically. Prime Contractor, Subcontractor, and every lower tier Subcontractor agrees to use LCPtracker and shall submit weekly CPR’s as required during the term of construction on the project(s). LCPtracker is a web-based software CDH utilizes to collect, verify and manage prevailing wage certified payrolls and related labor compliance documentation.
Prime Contractor, Subcontractor and every Sub-Tier shall submit, via electronic submission, documents as required by CDH, which may include, but is not limited to Certified Payroll Records (CPR)s, Statements of Compliance and other required documents. Prime Contractor, Subcontractor and every Sub-Tier and/or their designee shall sign the E(Electronic)-Signature Authorization Agreement, which must be notarized with an “Acknowledgment”, and establish a Personal Identification Number (PIN), on LCPtracker. Prime Contractor, Subcontractor and every Sub-Tier will electronically sign, by use of their established PIN, all documents requiring a signature that are submitted to CDH via LCPtracker. Prime Contractor, Subcontractor and every lower tier Subcontractor agree that their PIN, once established on LCPtracker, constitutes their electronic signature and understands that any information and documents submitted using their PIN is electronically certifying their signature. Prime Contractor, Subcontractor and every lower tier Subcontractor understand that they are legally bound, obligated, and responsible by use of their PIN/electronic signature as much as would be by their handwritten signature.
9. To meet labor compliance requirements, CDH requires that each Prime Contractor, Subcontractor, and every lower tier Subcontractor agrees to complete and submit all required eDocuments on LCPtracker.
All eDocuments are accessed, submitted and approved through LCPtracker. All eDocuments are submitted through CDH’s Online Certified Payroll System using a PIN. If requested in writing by CDH, Prime Contractor, Subcontractor, and every lower tier Subcontractor shall provide to CDH any additional requested compliance documentation within no more than three (3) business days of request.
One of the documents that will be required to be uploaded in LCPtracker as part of the eDocuments, is a City business license or a letter stating the reasons why no business license is required. All contractors performing work on a project site located within an incorporated city must possess or obtain that city’s business license. However, if the project is located in an unincorporated area of the County, and the contractor’s business is located in an incorporated city, the contractor must possess or obtain a business license within the city where their business is located. An exception to the business license requirement will be aA letter explaining the exception to the business license requirement, if the contractor’s business and the project work site are both located in an unincorporated area of the County.
Prime Contractor, Subcontractor, and every lower tier Subcontractor agree to do the following on project(s):
A. Submit a hard copy of the Electronic Signature Authorization form within five (5) working days of executed contract - to establish a Personal Identification Number (PIN)) Form must be completed and signed by a company owner, partner, executive officer or designee (if applicable) before a contractor may establish a PIN and electronically sign documents online.
B. Complete Project ID cards as specified.
C. Submit required eDocuments online within ten (10) working days of executed contract.
D. Submit *non-required eDocuments and other documentation online as specified.
E. Submit CPRs online within ten (10) working days of the work week’s ending date.
F. Submit one CPR online per project, per week.
G. Report all workers, including owners, partners and superintendents, who were onsite.
H. All contractors must submit CPRs online from the start of the project until the time that they finish their work on the project.
I. All contractors must submit a Statement of Non-Performance online to certify that no work was performed by their company for any week of the project they are not working.
J. All contractors must submit a final CPR online for the last week they are working on-site.
K. All contractors must pay every worker on a weekly basis (if applicable).
L. All CPRs must indicate check number or direct deposit transaction number. (*Non-required eDocuments are those eDocuments which are not mandatory per LCPtracker; however, which may be required for a particular job on a case-by-case basis as specified.)
REQUIRED DOCUMENTS
DOCUMENT QUICK REFERENCE
Document Name/Number
Prime Contractor – Due prior to Pre-Construction Conference Executed Contract/Purchase Order (FLCCA and/or SLCCA must be attached) Bonds (Performance/payment or labor and material bonds) Prime/Subcontractor – Due prior to Start of Work
Contractor Information Form2 (LCF 16-100)
Copy of all executed Sub-Contractor contracts (FLCCA and/or SLCCA must be attached) 2 Business Certification (LCF 16-SAM 2) 2
E-Signature Authorization Annual Form (Must be notarized) (LCF 16-1.0) 2 Affirmative Action Compliance Form for Construction Contracts over $10,000 (LCF DB16-2.2)*3 Affidavit of Compliance with California Prevailing Wage Law (LCF CA16-3.4) 5 Apprentice and Trainees Acknowledgement (LCF 16-XX) 4
Certification of Bidder Regarding Equal Opportunity (LCF DB16-2.1)*3 Certification of Understanding and Authorization Form (LCF 16-1.2)*3|4 Checklist of Labor Law Requirements (LCF CA16-3.1) 5
City Business License/Exception Letter2
Contractor’s Certification of Compliance with Davis-Bacon and Related Act Requirements (LCF DB16-2.0)*3 Fringe Benefit Statement Form (LCF 16-1.3)* 4
Labor Compliance Contract Addendum – LCCA2
Project Wage Rate Sheet*2(LCF -16-1.1)
Public Works Contract Award Information (DAS 140) (LCF CA16-3.2) 5 Request for Dispatch of an Apprentice (DAS 142) (LCF CA16-3.3) 5 Section 3 Actions and Outcomes (LCF DB16-2.5) 3
Section 3 Resource Participation Certificate (LCF DB16-2.4)3 Section 3 Business Certification (LCF DB 16-2.6)
Section 3 Worker/Targeted Worker Eligibility Form (LCF DB 16-2.7) Section 3 Cumulative Report (LCF DB 16-2.8)
Prime/Subcontractor – Due Progression of Work – Weekly
Authorization for Payroll Deduction (LCF 16-1.4)*3
Department of Industrial Relations – Apprentice Certification (LCF 16-SAM 5) 5 Department of Labor Apprenticeship Certification (LCF 16-SAM 4)* 3 Apprenticeship Program Appendix A*3
Prime/Subcontractor – Due Progression of Work – Monthly Training Fund Contribution (LCF 16-SAM 8) 4|5
DIR – eCPR Submission Confirmation (LCF 16-SAM 9) 5
Ready-Mix Concrete Driver Certified Time Record (LCF 16-SAM 10)5 Prime/Subcontractor – Due Progression of Work – As Needed C-10 Electrical Certification /Electrical Trainee (LCF 16-SAM 11)5 Employee CPR Certified Documentation1|2
*These forms are located on the LCPtracker online database discussed in, “Electronic Submission of Certified Payrolls” section and will be discussed by County CDH staff at the preconstruction conference. 1 If applicable to contractor 2 Applies to all regardless of Funding 3 Federal Funds ONLY (Davis-Bacon) 4 Federal and State Funds 5 State Funds ONLY
STATE PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract or Purchase Order (as applicable) requires the payment of prevailing wages and compliance with the following requirements. (1) Determination of Prevailing Rates
Pursuant to Labor Code sections 1770, et seq., the County has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the California Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the locality in which the Scope of Work is to be performed. Copies of said rates are on file with the County, will be made available for inspection during regular business hours, may be included elsewhere in the specifications for the Scope of Work, and are also available online at www.dir.ca.gov. The wage rate for any classification not listed, but which may be required to execute the Scope of Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. In accordance with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous locations on the jobsite, a schedule showing all applicable prevailing wage rates and shall comply with the requirements of Labor Code sections 1773, et seq.
(2) Payment of Prevailing Rates
Each worker of the Contractor, Subcontractor, lower tier Subcontractor engaged in the Scope of Work, shall be paid not less than the general prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between the Contractor, Subcontractor, lower tier Subcontractor and their respective worker(s). California law prohibits the use of credits for Employer Payments to reduce the obligation to pay the hourly straight time or overtime wages specified as the Basic Hourly Rate in the general prevailing wage determination.
(3) Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for such work or craft in which such worker is employed by the Contractor, Subcontractor or lower tier Subcontractor in connection with the Scope of Work. Pursuant to California Labor Code section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Prime Contractor, Subcontractor or lower tier Subcontractor. (4) Ineligible Contractors
Pursuant to the provisions of Labor Code section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a Prime Contractor, Subcontractor, or lower tier Subcontractor on a public works project. This list of debarred contractors is available from the DIR website at http://www.dir.ca.gov/Public-Works/PublicWorks.html. Any contract entered into between a Prime Contractor and a debarred subcontractor is void as a matter of law. A debarred Subcontractor may not receive any public money for performing work as a Subcontractor on a public works contract, and any public money that may have been paid to a debarred Subcontractor by a Prime Contractor on the project shall be returned to the County. The Prime Contractor shall be responsible for the payment of wages to workers of a debarred Subcontractor or lower tier Subcontractor who has been allowed to work on the Scope of Work. (5) Payroll Records
Pursuant to California Labor Code section 1776, the Prime Contractor, Subcontractor, and lower tier Subcontractor shall keep accurate certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by them in connection with the Scope of Work. Each payroll record enumerated herein shall contain or be verified by a
written declaration that it is made under penalty of perjury stating both of the following: (1) the information contained in the payroll record is true and correct and (2) the Prime Contractor, Subcontractor, or lower tier Subcontractor has complied with the requirements of California Labor Code sections 1771, 1811, and 1815 for any Scope of Work performed by his or her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the Prime Contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request; (2) A certified copy of all payroll records shall be made available for inspection or furnished upon request to the County or the Division of Labor Standards Enforcement of the DIR; (3) A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the County or the Division of Labor Standards Enforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Prime Contractor, Subcontractor, or lower tier Subcontractor and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Prime Contractor;
(4) The Prime Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten (10) days after receipt of a written request; and (5) Copies provided to the public, by the County or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address and social security number. The name and address of the Prime Contractor, Subcontractor, or lower tier Subcontractor performing a part of the Scope of Work shall not be marked or obliterated. The Prime Contractor shall inform the County of the location of payroll records, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location and address.
The Prime Contractor shall have ten (10) days from receipt of the written notice specifying in what respects they must comply with the above requirements. In the event Prime Contractor does not comply with the requirements of this section within the ten (10) day period, the Prime Contractor shall, as a penalty to the County, forfeit one-hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalty shall be withheld from any portion of the payments then due or to become due to the Prime Contractor.
(6) Limits on Hours of Work
Pursuant to California Labor Code section 1810, eight (8) hours of labor shall constitute a legal day's work.
Pursuant to California Labor Code section 1811, the time of service of any worker employed at any time by the Prime Contractor, Subcontractor, or lower tier Subcontractor, upon the Scope of Work or upon any part of the Scope of Work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as provided for under Labor Code section 1815.
Notwithstanding the foregoing provisions, work performed by employees of the Prime Contractor, Subcontractor, or lower tier Subcontractor in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay. (7) Penalty for Excess Hours
The Prime Contractor shall pay to the County a penalty of twenty-five dollars ($25.00) for each worker employed on the Scope of Work by the Prime Contractor, Subcontractor, or lower tier Subcontractor for
each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the California Labor Code, unless compensation to the worker so employed by the Prime Contractor, Subcontractor or lower tier Subcontractor is not less than one and one-half (1½) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.
(8) Senate Bill 854 (Chapter 28, Statutes of 2014) Requirements:
1) Prime Contractor, Subcontractors and lower tier Subcontractors shall comply with Senate Bill 854 (signed into law on June 20, 2014). The requirements include, but are not limited to, the following:
a. No Prime Contractor, Subcontractor, or lower tier Subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5, with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a).
b. No Prime Contractor, Subcontractor, or lower tier Subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5.
c. This project is subject to compliance monitoring and enforcement by the DIR. d. As required by the DIR, Prime Contractor is required to post job site notices, as prescribed by regulation, regarding compliance monitoring and enforcement by the DIR. e. Prime Contractor, Subcontractors, and lower tier Subcontractors must submit certified payroll records online to the Labor Commissioner for all public works projects, new or ongoing, on or after January 1, 2016.
a. The certified payroll must be submitted at least monthly to the Labor Commissioner. b. The County reserves the right to require Prime Contractor, Subcontractors, and lower tier Subcontractor to submit certified payroll records more frequently than monthly to the Labor Commissioner.
c. The certified payroll records must be in a format prescribed by the Labor Commissioner. 2) Labor Code section 1725.5 states the following:
A Prime Contractor, Subcontractors, and lower tier Subcontractors shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, "contractor" includes a subcontractor as defined by Section 1722.1.
(a) To qualify for registration under this section, a Prime Contractor shall do all of the following:
(1) Beginning July 1, 2014, register with the Department of Industrial Relations in the manner prescribed by the Department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1st of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the Director to support the costs specified in Section 1771.3.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' Compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the Prime Contractor, Subcontractor or lower tier Subcontractor employs to
perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section. Coverage may be evidenced by a current and valid certificate of Workers' Compensation Insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the Prime Contractor, Subcontractor, or lower tier Subcontractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The Prime Contractor, Subcontractor or Sub-Tier does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier.
If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months. (ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).
(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on, or engaging in the performance of, any contract for public works until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee. (d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors
are registered under this section or are replaced by a contractor or subcontractors who are registered under this section.
(3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2) of this subdivision. (e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work, as defined in this chapter, entered into on or after April 1, 2015. 3) Labor Code section 1771.1 states the following:
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. (b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted, nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5.
(c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.
(3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor. (e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5. (f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5(h).
(h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000).
1) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner’s ability to monitor and enforce compliance with the requirements of this chapter.
2) A higher tiered public works contractor or subcontractor shall not be liability for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor’s performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration.
3) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnity or otherwise be liable for any penalties pursuant to paragraph (1). (i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply.
(j) (1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
a) Manual delivery of the order to the contractor or subcontractor personally. b) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
a. The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors’ State License Board.
b. If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors’ State License Board, the address of the site of the public work. 3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered
contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1.
4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days. (k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both. (l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.
4) Labor Code section 1771.4 states the following:
(a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) (A)Each contractor and subcontractor shall furnish the records specified in Section1776 directly to the Labor Commissioner, in the following manner:
(i) At least monthly or more frequently if specified in the contract with the awarding body.
For purposes of this clause, “monthly” means that a submission of records shall be made at least once every 30 days while work is being performed on the project and within 30 days after the final day of work performed on the project. (ii) In an electronic format, in the manner prescribed by the Labor Commissioner, on the department's internet website.
(B) A contractor or subcontractor who fails to furnish records pursuant to subparagraph (A), relating to its employees, shall be subject to a penalty by the Labor Commissioner of one hundred dollars ($100) per each day in which that party was in violation of subparagraph (A), not to exceed a total penalty of five thousand dollars ($5,000) per project. Penalties received pursuant to this paragraph shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.
(C) The Labor Commissioner shall not levy a penalty pursuant to subparagraph (B) until a contractor or subcontractor fails to furnish the records pursuant to subparagraph (A) 14 days after the requirement set forth in clause (i) of subparagraph (A).
(D) Penalties pursuant to subparagraph (B) may only accrue to the actual contractor or subcontractor that failed to furnish the records pursuant to subparagraph (A). (4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work. (5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011. (2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages.
(c)
(1) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contract for public work, whether new or ongoing, on or after January 1, 2016.
(9) Compliance with California Labor Code section 1720.9 (1)Labor Code section 1720.9 expanded the definition of “public works” under the California Prevailing Wage Law to include the following:
(a) Hauling and delivery of ready-mixed concrete to carry out a public works, contract, with respect to contracts involving any state agency, including the California State University and the University of California, or any pollical subdivision of the state.
(2)Section 1720.9 defines the term “ready-mixed concrete” and specifies that rate of pay shall be the current prevailing wage “for the geographic area in which the factory or batching plant is located” as determined by the DIR. The entity hauling or delivering ready-mixed concrete to carry out a public works contract shall enter into a written subcontract agreement with the party that engaged the entity to supply the ready-mixed concrete. The written agreement shall require compliance with Prevailing Wage Law. (3)Section 1720.9 requires that the entity hauling or delivering ready-mixed concrete to carry out a public works contract shall submit a certified copy of the payroll records required by subdivision (a) of Section 1776 to the party that engaged the entity and to the general contractor within five working days after the employee has been paid, accompanied by a written time record that shall be certified by each driver for the performance of job duties in Section 1720.9(c).
(4)Section 1720.9(e) the entity hauling or delivering ready-mixed concrete for public works project shall be considered subcontractors and must register with the DIR as per Labor Code 1725.5.
B. STATE PUBLIC WORKS APPRENTICESHIP REQUIREMENTS
1. State Public Works Apprenticeship Requirements:
The Contractor is responsible for compliance with Labor Code section 1777.5 and the California Code of Regulations, title 8, sections 230 – 230.2 for all apprenticeable occupations (denoted with “#” symbol next to craft name in DIR Prevailing Wage Determination), whether employed by the Contractor, subcontractor, vendor or consultant. Included in these requirements is (1) the Contractor’s requirement to provide notification (i.e. DAS-140) to the appropriate apprenticeship committees; (2) pay training fund contributions for each apprenticeable hour employed on the Contract; and (3) utilize apprentices in a minimum ratio of not less than one apprentice hour for each five journeyman hours by completion of Contract work (unless an exception is granted in accordance with Labor Code section 1777.5) or request for the dispatch of apprentices.
Any apprentices employed to perform any of the Scope of Work shall be paid the standard wage to apprentices under the regulations of the craft or trade for which such apprentice is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered. Only apprentices, as defined in California Labor Code section 3077, who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code sections 3070 et seq. are eligible to be employed for the Scope of Work. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which such apprentice is training.
2. Compliance with California Labor Code section 1777.5 requires all public works contractors to:
(1) Submit Contract Award Information (DAS-140)
a. Although there are a few exemptions (identified below), all Contractors, regardless of union affiliation, must submit contract award information when performing on a California public works project.
b. The DAS-140 is a notification “announcement” of the Contractor’s participation on a public works project—it is not a request for the dispatch of an apprentice. c. Contractors shall submit the contract award information (you may use form DAS 140) within 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work project. d. Contractors who are already approved to train apprentices (i.e. check “Box 1” on the DAS-140) shall only be required to submit the form to their approved program. e. Contractors who are NOT approved to train apprentices (i.e. those that check either “Box 2” or “Box 3” on the DAS-140) shall submit the DAS-140 TO EACH of the apprenticeship program sponsors in the area of your public works project. For a listing of apprenticeship programs see http://www.dir.ca.gov/Databases/das/pwaddrstart.asp.
(2) Employ Registered Apprentices
a. Labor Code section 1777.5 requires that a contractor performing work in an “apprenticeable” craft must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman.
This ratio shall be met prior to the Contractor’s completion of work on the project. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination.
b. All Contractors who do not fall within an exemption category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required.
c. Contractors may use the “DAS-142” form for making a request for the dispatch of an apprentice. d. Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from their initial request must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement.
e. Contractor should maintain and submit proof (when requested) of its DAS-142 submittal to the apprenticeship committees (e.g. fax transmittal confirmation). A Contractor has met its requirement
to employ apprentices only after it has successfully made a dispatch request to all apprenticeship programs in the project area.
f. Only “registered” apprentices may be paid the prevailing apprentice rates and must, at all times work under the supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1). (3) Make Training Fund Contributions
a. Contractors performing in apprenticeable crafts on public works projects, must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices.
b. Contractors may use the “CAC-2” form for submittal of their training fund contributions. c. Contractors who do not submit their training fund contributions to an approved apprenticeship training program must submit their contributions to the California Apprenticeship Council (CAC), PO Box 420603, San Francisco, CA 94142-0603.
d. Training fund contributions to the CAC are due and payable on the 15th day of the month for work performed during the preceding month.
e. The “training” contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below.
3. Exemptions to Apprenticeship Requirements:
The following are exempt from having to comply with California apprenticeship requirements. These types of contractors do not need to submit a DAS-140, DAS-142, make training fund contributions, or utilize apprentices.
a. When the Contractor holds a sole proprietor license (“Owner-Operator”) and no workers were employed by the Contractor. In other words, the contractor performed the entire work from start to finish and worked alone.
b. Contractors performing in non-apprenticeable crafts. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination. c. When the Contractor has a direct contract with the Public Agency that is under $30,000. d. When the project is 100% federally-funded and the funding of the project does not contain any city, county, and/or state monies (unless the project is administered by a state agency in which case the apprenticeship requirements apply).
e. When the project is a private project not covered by the definition of public works as found in Labor Code section 1720.
4. Exemption from Apprenticeship Ratios:
The Joint Apprenticeship Committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the Contractor from the 1-to-5 ratio set forth in this Section when it finds that any one of the following conditions are met:
(1) Unemployment for the previous three-month period in such area exceeds an average of fifteen percent (15%); or
(2) The number of apprentices in training in such area exceeds a ratio of 1-to-5 in relation to journeymen; or
(3) The Apprenticeable Craft or Trade is replacing at least one-thirtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis; or (4) If assignment of an apprentice to any work performed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life, safety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman.
When such exemptions from the 1-to-5 ratio between apprentices and journeymen are granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local Joint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards.
5. Contractor’s Compliance:
The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Section are subject to the provisions of California Labor Code section 3081 and penalties are pursuant to Labor Code section 1777.7 and the determination of the Labor Commissioner.
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
1 HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
1. Minimum wages and fringe benefits
i. 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 29 CFR
5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of these contract clauses; 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 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under 29 CFR 5.5(a)(1)(iii)) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. ii. Frequently recurring classifications
A. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that:
1. The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;
2. The classification is used in the area by the construction industry; and
3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR
5.5(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. iii. Conformance
A. The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
2 classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and
2. The classification is used in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
B. The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.
C. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
D. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
E. The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C) and (D). 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 29 CFR 5.5 (a)(1)(iii)(C) or (D) must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
iv. Fringe benefits not expressed as an hourly rate
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
v. Unfunded plans
If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in 29 CFR 5.28, that the applicable standards of the Davis-Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
vi. Interest In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
3 2. Withholding
i. Withholding requirements
The U. S. Department of Housing and Urban Development 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 29 CFR 5.5(a) 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 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor’s failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract, or upon the contractor’s failure to submit the required records as discussed in 29 CFR 5.5(a)(3)(iv), HUD may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
ii. Priority to withheld funds
The Department has priority to funds withheld or to be withheld in accordance with 29 CFR
5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:
A. A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate;
D. A contractor’s assignee(s);
E. A contractor’s successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
3. Records and certified payrolls
i. Basic record requirements
A. Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
B. Information required Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker’s correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(v) that the wages of any laborer or mechanic include the amount of any
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
4 costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
D. Additional records relating to apprenticeship Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
ii. Certified payroll requirements
A. Frequency and method of submission The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system B. Information required The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i)(B), 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 Web site at https://www.dol.gov/ sites/dolgov/files/WHD/legacy/files/wh347.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records).
C. Statement of Compliance Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor’s or subcontractor’s agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
1. That the certified payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information and basic records are being maintained under 29 CFR 5.5 (a)(3)(i), and such information and records are correct and complete;
2. That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
5 from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and
3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.
D. Use of Optional Form WH-347 The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the “Statement of Compliance” required by 29 CFR 5.5(a)(3)(ii)(C).
E. Signature The signature by the contractor, subcontractor, or the contractor’s or subcontractor’s agent must be an original handwritten signature or a legally valid electronic signature.
F. Falsification The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
G. Length of certified payroll retention The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
iii. Contracts, subcontracts, and related documents The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. iv Required disclosures and access
A. Required record disclosures and access to workers The contractor or subcontractor must make the records required under 29 CFR 5.5(a)(3)(i)–(iii), and any other documents that HUD or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 29 CFR 5.1, available for inspection, copying, or transcription by authorized representatives of HUD or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.
B. Sanctions for non-compliance with records and worker access requirements If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.
C. Required information disclosures Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to HUD if the agency is a party to
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
6 the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity
i. Apprentices
A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.
C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to 29 CFR 5.5(a)(4)(i)(D). Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in 29 CFR
5.5(a)(4)(i)(A), 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.
D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker’s hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor’s registered program must be observed. ii Equal employment opportunity The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
5 Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
7 6 Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (11), along with the applicable wage determination(s) and such other clauses or contract modifications as the U.S. Department of Housing and Urban Development may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate.
7 Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8 Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
9 Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of eligibility.
i. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). iii. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
11 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; or
iv. Informing any other person about their rights under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5.
B. Contract Work Hours and Safety Standards Act (CWHSSA) The Agency Head must cause or require the contracting officer to insert the following clauses set forth in 29 CFR 5.5(b)(1), (2), (3), (4), and (5) in full, or (for contracts covered by the Federal Acquisition Regulation) by reference, in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses must
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
8 be inserted in addition to the clauses required by 29 CFR 5.5(a) or 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.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in 29 CFR 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in 29 CFR 5.5(b)(1), in the sum of $31 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 29 CFR 5.5(b)(1).
3. Withholding for unpaid wages and liquidated damages
i. Withholding process The U.S Department of Housing and Urban Development or the recipient of Federal assistance may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in 29 CFR 5.5(b) on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.
ii Priority to withheld funds The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:
A. A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate;
D. A contractor’s assignee(s);
E. A contractor’s successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in 29 CFR 5.5(b)(1) through (5) 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 29 CFR 5.5(b)(1) through (5). In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss,
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
9 due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
5 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in 29 CFR part 5;
ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or 29 CFR part 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or 29 CFR part 5; or
iv. Informing any other person about their rights under CWHSSA or 29 CFR part 5.
C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws referenced by 29 CFR 5.1, the Agency Head must cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of 3 years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker’s correct classification(s) of work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made and actual wages paid. Further, the Agency Head must cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job.
D. Incorporation of contract clauses and wage determinations by reference Although agencies are required to insert the contract clauses set forth in this section, along with appropriate wage determinations, in full into covered contracts, and contractors and subcontractors are required to insert them in any lower-tier subcontracts, the incorporation by reference of the required contract clauses and appropriate wage determinations will be given the same force and effect as if they were inserted in full text.
E. Incorporation by operation of law The contract clauses set forth in this section (or their equivalent under the Federal Acquisition Regulation), along with the correct wage determinations, will be considered to be a part of every prime contract required by the applicable statutes referenced by 29 CFR 5.1 to include such clauses, and will be effective by operation of law, whether or not they are included or incorporated by reference into such contract, unless the Administrator grants a variance, tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law.
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
10 F. HEALTH AND SAFETY
The provisions of this paragraph (F) are applicable where the amount of the prime contract exceeds $100,000.
1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.
2. The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.
3. The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
SECTION 3
(Information for the Section 3 Report will be input on LCPtracker) Section 3 Purpose
Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701(u)) (“Section 3”) requires the San Bernardino County Community Development and Housing Department (“County”) to ensure that employment, training, contracting and other economic and business opportunities generated by certain United States Department of Housing and Urban Development (“HUD”) financial assistance, to the greatest extent feasible, is directed to public housing residents and other low‐ and very low-income persons, particularly recipients of government housing assistance, and business concerns.
Applicability
As a federal participating jurisdiction, the County receives Community Development Block Grant (“CDBG”) funds and Home Investment Partnerships Program (“HOME”) funds on an annual basis from HUD. These funds activate Section 3 which applies to any such jurisdiction, and any of its organizations, subrecipients, or other entities receiving in excess of $200,000 combined from HUD in any one year. The County occasionally may receive additional funding that may contain a Section 3 requirement.
If developers, contractors, and subcontractors and every Sub-tier need to hire new personnel or subcontract portions of Section 3 covered work, they must, to the greatest extent feasible, ensure that employment and other economic opportunities are directed to low-and very lowincome persons (Section 3 workers and Targeted Section 3 workers) and to eligible businesses (Section 3 Business) and requires the same of its contractors.
Prime Contractor, Subcontractor and every Sub-tier shall agree to do the following on project(s) that are subject to Section 3 rules as described in 24 CFR Part 75:
A. Prior to the beginning of work and upon completion of a project, contractors, subcontractors and every Sub-tier will be required to certify that they will make or have made best efforts to follow the prioritization of efforts requirements for Section 3 workers, Targeted Section 3 workers, and Section 3 business concerns as described in 24 CFR Part 75.
B. After completion of the project contractors, subcontractors and every Sub-tier will be required to certify that they have followed the prioritization of effort requirements. If the Safe Harbor benchmark requirements as described in 24 CFR Part 75 (see below) were not met, evidence of efforts made to assist low and very low-income persons with employment and training opportunities will need to be provided.
1. Twenty-five (25) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Section 3 workers; and
2. Five (5) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Targeted Section 3 workers, as defined at 24 CFR Part 75.
C. Contractor will be responsible to implement efforts to achieve Section 3 compliance. Contractors submitting bids or proposals will be required to certify that they will comply with prioritization of efforts for employment, training and contracting as described in 24 CFR Part 75.
D. Contractors, Subcontractors and every Sub-tier must make their best efforts to award contracts and subcontract to business concerns that provide economic opportunities to Section 3 workers in the following priority:
1. Business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area (or non-metropolitan county)