Visalia City Council
August 17, 2026

RFB NO. 25-26-16
Biofilter Media Replacement & Associated Equipment Inspection

CITY OF VISALIA
REQUEST FOR BID (“RFB”)

RFB NO. 25-26-16

BIOFILTER MEDIA REPLACEMENT &

ASSOCIATED EQUIPMENT INSPECTION

AT VISALIA WATER RECLAMATION FACILITY

BID SUBMITTAL DEADLINE: 2:00PM PT ON THURSDAY, MAY 28, 2026

The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

This is a Public Works Project, subject to registration with the Department of Industrial Relations (DIR), Payment of State Prevailing Wages, Monitoring by the Labor Commissioner and other requirements listed in the City’s Labor Compliance Manual (attached).

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RFB NO. 25-26-16
Biofilter Media Replacement & Associated Equipment Inspection

TABLE OF CONTENTS

I. DEFINITIONS .......................................................................................................................... 3

II. PROJECT INTRODUCTION ................................................................................................... 3

III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS ...................................... 4

IV. INSTRUCTIONS ...................................................................................................................... 7

V. SCOPE OF WORK/PROJECT SPECIFICATIONS ................................................................ 8

VI. PRE-BID MEETINGS ............................................................................................................. 15

VII. BID OPENING AND CONFIDENTIALITY ............................................................................. 15

VIII. AWARD .................................................................................................................................. 15

IX. PROTESTS/APPEALS .......................................................................................................... 16

X. SPECIAL CONDITIONS ........................................................................................................ 16

XI. GENERAL CONDITIONS ...................................................................................................... 19

XII. POST AWARD RESPONSIBILITIES .................................................................................... 21

EXHIBITS

A. BID FORM

B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Bid Guarantee
B-2. Non-Collusion Affidavit
B-3. Worker’s Compensation Insurance Certificate
B-4. Equal Employment Opportunity Compliance Certificate B-5. Ownership Disclosure and Levine Act Statement
B-6. Drug-Free Workplace
B-7. Americans with Disabilities Act Compliance Certificate B-8. Iran Contracting Act
B-9. Certificate of Nonsegregated Facilities
B-10. Certification of Anti-Kickback Compliance
B-11. Clean Air Act and Water Pollution Control Act Compliance Certificate

C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS

D. SAMPLE CONTRACTOR’S AFFIDAVIT

E. ADDITIONAL ATTACHMENTS
E-1. Visalia WRF Q&M Manual, Chapter 15 Odor Control System E-2. City Technical Specifications (Vol II of IV) — Section 10001 Odor Control E-3. State Prevailing Wage Designations
E-4. Labor Compliance Manual

RFB NO. 25-26-16
Biofilter Media Replacement & Associated Equipment Inspection

I. DEFINITIONS

For the purposes of this RFB NO. 25-26-16, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

2. “City Council” means the Council of the City of Visalia

3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Bid.

5. “RFB” means Request for Bid No. 25-26-16

II. PROJECT INTRODUCTION

The City of Visalia Purchasing Division is soliciting bids from qualified contractors for a one-time project to remove and replace the odor control biofilter media and conduct an associated equipment inspection at the Visalia Water Reclamation Facility, located at 7579 Avenue 288, Visalia, California. Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.

Specifications and Bid Documents: Specifications and bid documents may be obtained free of charge at the Purchasing Division, 707 W. Acequia Street, Visalia, California, or by calling (559) 713-4334, or emailing your request to [email protected]. Documents will be emailed to the requestor. If documents exceed email capacity, a share file link will be provided to the requestor so that the documents can be downloaded by the requestor.

Mandatory Pre-Bid Meetings have been scheduled for this project. Bidder’s are required to attend at least one of the mandatory meetings in order to be eligible to bid on project. Meetings will be held at the Water Reclamation Facility located at 7579 Avenue 288, Visalia, CA as follows:

Tuesday, May 12, 2026 at 9:00 a.m. and
Thursday, May 14, 2026 at 9:00 a.m.

Contract Dates: Tentative date of award: June 2026 and Contractor must be able to begin the work as described within this bid upon receipt of the City’s Notice to Proceed. The Notice to Proceed shall be issued in writing by the Purchasing Department.

Time of Completion Deadline: The entire project must be completed within one hundred twenty (120) calendar days from the effective date of the Notice to Proceed. The Notice to Proceed will be issued in writing by the Purchasing Department.

Budget Estimate for this project is approximately $60,000.

Prevailing Wages: Under the requirements of Labor Code section 1782 passed by SB7 and in compliance with City of Visalia Ordinance 2014-13, this public works project is subject to State prevailing wages as specified in document and attachments. Ten (10) days before closing date of the bid, the project manager will review the prevailing wage rates enclosed with this bid for updates. If changes are made, these will be included as an addendum to this bid request. See Section III for additional Department of Industrial Relations Requirements which apply to this project.

License Requirements: No bid will be accepted from a Contractor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Business and Professions Code and has a current Class A, General Engineering Contractor’s license.

RFB NO. 25-26-16
Biofilter Media Replacement & Associated Equipment Inspection

Use of Subcontractors: Your proposal may include subcontractors and you should clearly delineate the responsibilities of each of those participants within your proposal. However, the City will recognize the party legally signing the Bid Proposal as prime contractor and contacting party, who, as such, will assume ultimate responsibility for ensuring compliance with the specifications, terms and conditions of the Invitation to Bid. The Prime Contractor must complete a minimum of 30% of the total amount of work under this contract.

III. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements

Notice is hereby given that this is a public works project and therefore, subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must: Register on an annual basis with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner

No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids submitted by unregistered contractors or that list unregistered subcontractors will be rejected.

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.

If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.

 As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia.

Proof of registration for each contractor and subcontractor listed on the bid is required.

 As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.

 As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at:
http://www.dir.ca.gov/wpnodb.html .

 The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on

RFB NO. 25-26-16
Biofilter Media Replacement & Associated Equipment Inspection

the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.

 In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.

 In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall;

o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.

o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776.

o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.

 The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).

 As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:

o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.

o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.

o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

RFB NO. 25-26-16
Biofilter Media Replacement & Associated Equipment Inspection

o As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.

 In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

 Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works.

 Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.

 The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).

 As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:

o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within or as attachments to the contract.

o The contractor shall continually monitor a subcontractors use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor.

o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.

o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.

 The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.

RFB NO. 25-26-16
Biofilter Media Replacement & Associated Equipment Inspection

Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:

 As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.

10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:

http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp

IV. INSTRUCTIONS

1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.

2. Cross out and initial mistakes in ink and place the correct response next to same.

3. Timely submit Bid in a sealed envelope addressed and marked as follows:

From: Bidder’s Name
Bidder’s Mailing Address

To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291

In lower left-hand corner of envelope, mark bid as follows:

PROJECT: Biofilter Media Replacement & Equipment Inspection RFB NO. 25-26-16
BID SUBMITTAL DEADLINE: May 28, 2026 at 2:00pm.

Delivery of Bid: When sending a bid via Fed Ex, UPS, etc., it is the responsibility of the Bidder to ensure that Bid is received during open office hours. Office Hours are 7:30am – 5:00pm Monday through Thursday. We are closed on Fridays and major holidays. Bids are not delivered or received when office is closed.

The City utilizes an outside service for delivery and sorting incoming mail, and therefore, mailing a bid via U.S. Mail is not recommended as there could be a delay in receiving bids by the deadline. Bids must be received prior to the deadline. The City will not accept a postmark as evidence of delivery.

Night Drop Box: If delivering a bid after hours, a Night Drop Box is located at Visalia City Hall, 707 W. Acequia Avenue, Visalia, CA 93291. Enter the west parking lot of the building off of Stevenson Street. The Drop Box is labeled “Night Drop” and is located on the building across from the bicycle racks. The Night Drop Box should only be utilized if City Offices are Closed. The Night Drop Box is checked prior to the bid deadline.

RFB NO. 25-26-16
Biofilter Media Replacement & Associated Equipment Inspection

4. Submit a security deposit of no less than 10% of the Bid amount to the City with the sealed Bid to guarantee the Bid. City will not consider Bids which are not accompanied by the required security. Security may be made by certified check, cashier’s check, or Bidder’s bond. Forfeiture of Bid security shall be governed by California Contract Code Section 20172-20174.

5. Submit each of the required Certifications, Affidavits, Bid Guarantees Assurances, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid.

City will not consider Bids which are not accompanied by the required completed forms.

6. Inquiries: Instructions to Vendors, Specifications and Bid Forms may be obtained by visiting our web site at visalia.gov/purchasing or by calling (559) 713-4334. To prevent misinterpretations, the Purchasing Division would prefer that all questions regarding this RFB be sent by email to: [email protected].

Deadline for submitting questions regarding this project is Tuesday, May 19, 2026 at 4:00 p.m.

V. SCOPE OF WORK/PROJECT SPECIFICATIONS

References & Basis of Design:
 O&M Manual — Chapter 15 “Odor Control System” (process flow, fans, biofilter overview, operations/maintenance and controls; see Figures 15.1–15.6). See O&M Manual Excerpts below and Exhibit E-1.
 City Technical Specifications (Vol II of IV) — specifically Section 10001 Odor Control Biofilters and associated sections for materials, floor system, irrigation, coatings, and testing/commissioning. See Exhibit E-2.

Scope Summary:

The Contractor shall furnish all labor, materials, equipment, and incidentals to:

1. Remove, transport, and dispose of existing biofilter media from both cells (Cell A and Cell B) of Biofilter No. 1 (BF01), totaling approximately 6,600 square feet of effective media surface area at a 3-foot effective media depth, in accordance with all applicable local, state, and federal regulations. All disposal costs shall be the responsibility of the Contractor and shall be included in the bid price. The Contractor shall provide the City with disposal manifests documenting the quantity and disposal location of all removed media prior to final payment. Following removal, replace with new media meeting the specifications set forth herein;

2. Inspect and assess (no routine maintenance) associated odor control equipment (fans, ducting, dampers, irrigation system, sumps/underdrains, and controls);

3. Clean accessible surfaces only as necessary to facilitate media replacement; no full reconditioning of structural elements is required;

4. Commission and test the system (airflow/smoke test, irrigation coverage, air balancing) and provide documentation.

RFB NO. 25-26-16
Biofilter Media Replacement & Associated Equipment Inspection

This is a one-time project limited to media replacement and inspection; no ongoing or annual maintenance is included.

Biofilter System — Key Technical Requirements:

A. Floor & Plenum System
 The existing modular floor and plenum system shall remain in place and shall not be replaced unless determined to be unusable through inspection and authorized in writing by the City. If it is determined that the floor and plenum system needs to be replaced, the Contractor shall replace the modular HDPE/PP perforated floor plates and all associated components to meet the following requirements:
o Modular HDPE/PP perforated floor plates installed over reinforced concrete slab with a minimum 5-inch air plenum between the concrete and underside of plates. Static pressure drop ≤ ¼″ w.c. at 10 cfm/ft²; tapered openings (narrowest at top). Structural capacity to support a 25,000 lb rubber-tired backhoe loader (≈100 psi wheel pressure).
 The Contractor shall not assume replacement of the floor and plenum system in the base bid; any such work shall be performed only upon written authorization by the City.

B. Liner & Geonet Barrier
 The existing liner and geonet barrier shall remain in place and shall not be replaced unless determined to be unusable through inspection and authorized in writing by the City. If it is determined that the liner and/or geonet barrier needs to be replaced, the replacement shall meet the following requirements:
o PVC liner: 40 mils, specific gravity 1.2–1.3; field welded and tested per manufacturer recommendations (AccuGeo or equal).
o Tri-planar geonet barrier (e.g., Tenax Tendrain TD5 or equal): 275 mil thick, density ~0.94 g/cc; tensile strength ~13 kN/m; compression retention ~65% @ 1,200 kp; typical openings ≈0.25″×0.35″; 12″ overlap at joints.  No full removal or replacement of liner or geonet is included in the base scope.

C. Biofilter Media (Compost “Overs”)
 Media shall be 100% screened yard waste compost overs, particle size 2–6″, with ≥90% between 2–4″, pH 6–8, debris ≤1% by weight, stabilized, and free of objectionable odors; place loosely (no compaction) to an effective depth of 3.0 ft, allowing ~9″ for initial settling/cure.
 Submittals: Provide media gradation reports and a cubic foot sample of the proposed media before procurement/placement.

D. Irrigation System (Hydration & Coverage)
 The existing irrigation system shall remain in place and shall not be replaced or rehabilitated unless individual components are determined to be non-functional through inspection and authorized in writing by the City. If it is determined that irrigation system components need to be replaced, the replacement shall meet the following requirements:
o Zone controlled irrigation consisting of PVC mains/headers (typ. 1″ header per cell, 5/8″ connections), gear-driven pop-up sprinklers (ABS), and an in- bed drip grid (polyethylene tubing with ~0.6 gph emitters, Netafim or equal), strainers, PRVs, and drains to achieve complete and uniform coverage across the media surface.
o Controller: ESP MC series (Rain Bird or equal) in NEMA 4X enclosure, 120 VAC in / 24 VAC out, ≥8 zones, fully programmable.
 Work under this section is limited to inspection and minor adjustments necessary to support media establishment; full system rehabilitation is not included.

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E. Drainage Trench Protective Coating
 The existing trench protective coating shall remain in place and shall not be recoated unless determined to be unusable through inspection and authorized in writing by the City. If it is determined that the trench coating needs to be replaced, the replacement shall meet the following requirements:
o SprayWall (or equal) polyurethane coating applied to the central drainage trench at 120 mils DFT; VOC free; holiday testing per NACE PRO188-99; adhesion per ASTM D4541 (150–200 psi); 10-year warranty.  No full recoating is included in the base scope; recoating shall only occur if existing coating is deemed failed or unusable and authorized by the City.

F. Fans / Ducting / Dampers
 Inspect foul air FRP/HDPE/PP ductwork, centrifugal fans, and dampers per City of Visalia Technical Specifications, Volume II of IV, including Section 10001 – Odor Control Biofilters and related sections governing odor control systems, materials, and equipment, and O&M Manual Chapter 15 – Odor Control System (including Figures

15.1–15.6 and Table 15.1).
 Inspection shall verify consistency with the design intent and operational requirements identified in these documents, including airflow distribution, material compatibility with corrosive foul air, and functional performance of fans, dampers, and associated controls.
 No routine servicing or maintenance is required; repairs or replacement shall only occur if components are determined to be non-functional and with prior City authorization.

Execution and Contractor Responsibilities:

A. Removal & Cleaning
 Remove, transport, and dispose of existing biofilter media from BF01 (both cells) in accordance with all applicable local, state, and federal regulations; clean structural surfaces including biofilter walls/floors, trench surfaces, and underdrains/sumps as necessary to facilitate media replacement and inspection; all disposal costs shall be included in the bid price, and disposal manifests shall be provided to the City prior to final payment.
 Cleaning shall be limited to what is necessary to facilitate media replacement and inspection; full surface restoration is not required.

B. Installation
 No installation or replacement of liner, geonet, trench coatings, or structural system components is included in the base scope.
 Existing liner, geotextile, underdrain system, and trench coatings shall remain in place and shall not be replaced as part of this work unless determined to be unusable through inspection and authorized in writing by the City.  Place media loosely; pre wet and cure the bed to field capacity; keep moist for ≈3 weeks prior to full operation.
 Irrigation system adjustments may be performed to support media establishment; full system reconstruction is not included.

C. Associated Equipment Inspection Only
 Inspect fans (belts/bearings), dampers (linkages/actuators), ducting (leaks/cracks), sumps/pumps, and irrigation controls.
 No preventive or routine maintenance shall be performed.  Repair or replacement of components shall only occur if deemed unusable or non- functional and only upon prior City approval.

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 No maintenance allowance is included in the base scope.

D. Start-Up & Testing
 Smoke test & airflow verification across the beds; adjust dampers/fans for even distribution.
 Irrigation coverage check and adjustments (zone timing, emitter/sprinkler performance).
 Air balancing: submit a formal air balance report (record flows, pressures, fan speeds, amperage) consistent with City testing requirements.  Submit a commissioning package (photos, test data, settings, O&M notes).

E. Documentation & Submittals
 Required Submittals: Media gradation reports; cubic foot sample of proposed biofilter media; final air balance report; and commissioning documentation (including test data, photos, and system settings).
 Conditional Submittals (only if repair or replacement work is authorized by the City):

Shop drawings and irrigation layout/schematics; product data and samples for liner and geonet materials; trench coating data (including manufacturer specifications and testing requirements); and any additional submittals associated with the approved repair or replacement work.

F. Work Sequencing & Continuity of Service
 Coordinate with Plant Operations to maintain odor-control service; submit a staging plan showing bed-by-bed sequencing, temporary controls, and expected durations. (Per O&M Ch. 15, system components and controls must remain operable during normal operations.)

Safety & Environmental:
 Dust/runoff control; proper handling of compost media; liner/coating application per manufacturer safety data; electrical LOTO on fans/controls; disposal per City/environmental regulations. (General compliance drawn from the City’s technical specification framework.)

Change Orders / Additional Work:
 If, during the course of inspection or construction, the Contractor identifies any components that are unusable or require repair or replacement beyond the base scope, the Contractor shall provide a detailed, itemized cost proposal for the additional work.  The proposal shall include, at a minimum:
o Labor (by classification and hours)
o Materials (quantities and unit costs)
o Equipment
o Subcontractor costs (if applicable)
o Overhead and profit
 No additional work shall proceed without prior written authorization from the City. All proposed changes shall be reviewed and approved by the City’s Change Order Committee prior to commencement of the work.
 Failure to obtain written authorization prior to performing additional work shall result in non-payment for such work.

At the conclusion of the work, Awarded Contractor shall provide the City of Visalia Project Manager with a signed Contractor’s affidavit that labor codes were followed, and prevailing wage rates were paid. The affidavit must be submitted to the City Project Manager prior to final payment. A sample Contractor’s Affidavit is included with this RFB (see Exhibit D).

Awarded Contractor shall follow the requirements of the City of Visalia Labor Compliance Manual (which is made a part of this RFB and contract).

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O&M Manual Excerpts:

Odor Control System Process Flow Diagram (Figure 15.1)

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Foul Air Supply Fans (Figure 15.2)

Biological Filter (Figure 15.3)

Biofilter Fan HOA Selector Switch (Figure 15.4)

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Irrigation System Selector Switch (Figure 15.5)

Partial Single-Line Diagram for Biofilter Fans (Figure 15.6)

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VI. PRE-BID MEETINGS

1. Mandatory Pre-Bid Meetings have been scheduled for this project. Bidder’s are required to attend at least one of the mandatory meetings in order to be eligible to bid on project.

Meetings will be held at the Water Reclamation Facility located at 7579 Avenue 288, Visalia as follows:

Tuesday, May 12, 2026 at 9:00 a.m. and
Thursday, May 14, 2026 at 9:00 a.m.

Information on the project will be available during the meetings and time is designated for Contractors to ask questions about the work/contract. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.

VII. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on May 28, 2026 at 2:00 p.m. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid shall be read aloud and summarized on a Bid Summary sheet. The bid summary sheet is open to public inspection at the Bid opening and after the City has made an Intent to Award decision. Other Bid information will not be available for public review during the evaluation phase.

2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds defending claims for access to, inspection of, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.

After the award, the City intends that its selection process will be open and public.

Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act. The Federal Freedom of Information Act (“FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.

VIII. AWARD

1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1-2) shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the lowest bidder whose bid is deemed both responsive and responsible and meets the criteria and specifications set forth in this RFB. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

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2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.

IX. PROTESTS/APPEALS

Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:

1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and

2. Should identify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.

3. The City’s Purchasing Division shall have the authority to settle and resolve each protest.

The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.

4. Further levels of appeal may be made in accordance with the appeals provision contained in Chapter 5 of the City’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.

X. SPECIAL CONDITIONS

1. Project Administrative Issues

a. Complete Project. The successful Bidder shall be responsible for providing all materials, taxes, labor, equipment and services necessary to fulfill the requirements of this RFB. It is the intent of this RFB and related agreement to describe a functionally complete project.

b. Quantities/Change Orders. The City reserves and shall have the right to make such changes to the work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes, in the work as may increase or decrease the originally awarded contract quantities and/or total contract cost. The Contract Price, or the amount due the Contractor will only be reduced/increased after the price change is reviewed and authorized by the City of Visalia Change Order Committee.

Should the Contractor disagree with any terms or conditions set forth in an approved contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Project Manager within 15 days after the receipt of the approved contract change order and the procedures outlined in Section 4-1.03 of the Standard Specifications apply.

If a requested change order is sent back to the Contractor for revisions, the Contractor has 15 (fifteen) calendar days to resubmit.

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Changes shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such changes as if the altered work had been a part of the original contract. These changes which are for work within the general scope of the contract shall be covered by Change Orders issued by the City. Change orders for altered work shall include extensions of contract time where, in the Project Manager’s opinion, such extensions are commensurate with the amount and difficulty of added work.

Excessive altered work shall be covered by supplemental agreement that is subject to funding agency approval as applicable. If the City and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion.

c. Omitted Items. Project Manager is authorized to omit minor contract items. Major items must be omitted by supplemental agreement.

d. Extra Work. Contractor is prohibited from doing extra work, unless authorized in writing by Project Manager before the work is done. The Project Manager should obtain authorization from the Change Order Committee before agreeing to extra work requested by the Contractor. In the instances where it is necessary for the work to be done immediately, the Project Manager may authorize the work prior to taking the additions to the Change Order Committee. Payment for approved Extra Work shall be as agreed to in writing by the Project Manager prior to the Extra Work being completed or the Change Order Committee shall approve an increase in a Change Order issued after the Extra Work is completed. No additional payment is due for unauthorized Extra Work.

If the Project Manager authorizes Extra Work but the payment for the Extra Work has not been agreed to in writing prior to the work being completed, then Contractor shall submit to the Project Manager the documentation required for a Change Order within forty-five (45) days of completing the Extra Work. The Project Manager will submit a Change Order request for review and approval by the Change Order Committee. If the Contractor does not submit any documentation within that time period the Project Manager may move forward with issuing a Change Order to adjust the contract price.

e. Removal of Obstructions. Contractor shall remove and dispose of all structures, debris or other obstructions of any character required for completion of the project. Any temporarily removed or relocated items shall be replaced.

f. Clean Up. Prior to acceptance and final payment, Contractor shall clean up the site of work, and any areas occupied by Contractor in connection with the project.

2. City-Contractor Relations

a. Project Manager’s Responsibility and Authority. City will designate a Project Manager.

All work shall be done under the general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project.

Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.

b. Contractor/Contractor’s Superintendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures and safety precautions or programs related to the project. Contractor may designate a superintendent.

c. Project Site/Existing Utilities and Structures.

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(1) Contractor shall take care to avoid, but shall be responsible for, all damage to existing structures, including, but not limited to, sewers, water service, drains and culverts, underground utilities and the like.

(2) USA Notification. Contractor shall notify underground service alert (“USA) of times and locations of proposed excavations.
i. Contractor shall notify owners of and be responsible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility. iii. Contractor shall not make connection to or draw water from any hydrant or pipeline without first obtaining permission to do so.

d. Signs, Barricades, and Notice. Contractor must provide and maintain proper barricades, fences, signal lights, watchmen, and notice in general to the surrounding public, in accord with local, federal, and state requirements.

e. Labor
(1) Workmanship. Workmanship shall be equal to the best general practice of modern day fabrication shops and good construction practice.

(2) Qualification. Contractor shall ensure that each employee who works on this project is qualified to perform their assigned duty in a safe manner.

f. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and of a quality equal to that specified. Materials which become unfit for use shall not be used for the project.

(2) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor. City shall be the sole judge as to the adequacy of any item for substitution.

(3) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

g. Storage of Materials. Materials shall be stored to ensure the preservation of their quality and fitness for the project.

h. Materials and Shop Drawing Submittals. If applicable, Contractor shall submit to Project Manager for approval, two (2) copies of the materials list and detailed dimensional shop drawings covering all Contractor-furnished items of equipment.

Prior approval by Project Manager is required. Such approval shall not relieve the Contractor from the responsibility of deviation from the Contract unless Contractor has, in writing, called to the attention of the Project Manager such deviations.

3. Legal Responsibilities.

It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes.

Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Codes.

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Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project. Contractor shall comply with all applicable labor laws, and ensure against discrimination.

XI. GENERAL CONDITIONS

1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.

Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.

2. Post-Closing Date Corrections are prohibited.

3. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.

4. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.

5. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.

6. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted.

7. Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.

8. All Bids are the property of the City after submission.

9. City is not responsible for Bid errors and omissions.

10. Bids should be prepared in a straightforward, concise manner. Information provided which was not specifically requested will be considered only in City’s discretion.

11. A written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is

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responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.

12. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.

13. Prior to conducting business in the City, a business tax certificate (license) must be obtained. Call 559-713-4326 for more information.

14. Bidder shall provide insurance as required by law and as indicated in the proposed contract.

15. Bidder shall maintain all personnel files and payroll records for employees used to implement the proposed contract.

16. Bidder shall withhold, pay and report all taxes and issue W-2 forms at the end of each calendar year for employees used to implement the proposed contract.

17. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.

18. The City may make such investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment histories and reputation.

19. All California agencies may purchase off the Proposal submitted at the same prices, terms, conditions and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.

20. Each Bidder, will be required to submit Certifications, Affidavits, Bid Guarantees, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.

21. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.

22. Bidders shall satisfy themselves by personal examination of the work site, specifications, plans, and other contract documents, and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.

23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”).

Contractor may be required to submit Proposals on alternate items. The City reserves the right to award the contract based on the lowest combination or combinations of Proposal items and alternate proposed items.

24. Bid Form may specify a line item for sales tax. When the Bid Form does not contain a line item for sales tax, no mention shall be made in the Proposal of sales tax, use tax or

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any other tax, as all amounts Bid will be deemed and held to include any such taxes, which may be applicable.

25. Only one Bid may be submitted as a “Prime Contractor” for the same work by any firm, individual, partnership, corporation or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub-Bids to other competing Prime Contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. A Contractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.

26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.

27. EXECUTIVE ORDER N-6-22 – Russia Sanctions - On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

XII. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.

2. Post Award Meeting. Subsequent to the award of contract, the Contractor shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.

City Project Manager: Rehana Lustyan
Department: Public Works – Water Reclamation Facility

3. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.

4. Insurance. Contractor shall obtain and maintain the minimum insurance coverage outlined Exhibit “C”, Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work on the project.

5. Required Bonds: The Bidder(s) awarded contract(s) pursuant to this RFB will be required to provide to the City of Visalia: 1) a “Performance Bond” and 2) a “Payment Bond”, each in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”. According to City standard the surety company must be a California Admitted Surety to its specified dollar limitation AND a current A.M. Best

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A: VIII rated surety. The Performance bond shall remain in force for one year after the date of completion.

Contractor shall provide a One year “Maintenance Bond” in the amount of 10% of the contract amount. Maintenance Bond shall be submitted to the Project Manager prior to final payment request. Maintenance period shall begin at project completion date and remain in effect for one year

Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.

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BIDDING AGENCY:_________________

EXHIBIT “A”
BID FORM RFB NO. 25-26-16
Project: BIOFILTER MEDIA REPLACEMENT & ASSOCIATED EQUIPMENT INSPECTION AT

VISALIA WATER RECLAMATION FACILITY

TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 25-26-16 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, taxes, equipment, tools, labor appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Instructions to BIDDERs, and the contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the time and manner prescribed will result in forfeiture to the City of the Bid Guarantee accompanying this proposal.

BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties and fees. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

BIDDER hereby agrees to execute a contract and provide bonds within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the BIDDER does not, the accompanying Bid Guarantee shall be forfeited to the City of Visalia as liquidated damages, and said Purchasing Division may proceed to award the contract to others.

BIDDER agrees to commence the work within ten (10) calendar days after the effective date of the Notice to Proceed and to complete the work within one hundred twenty (120) calendar days, unless extended in writing by the Purchasing Division.

BIDDER shall pay the City LIQUIDATED DAMAGES in the amount of seven hundred fifty dollars ($750) a day for each calendar day the project is delayed beyond the “TIME OF COMPLETION DATE”.

BIDDER proposes to furnish a Payment Bond in the amount of one hundred percent (100%) and a Performance Bond in the amount of one hundred percent (100%) of the agreement, as surety condition for the full, complete and faithful performance of the agreement. In addition, Contractor shall furnish a Maintenance Bond in the amount of 10% of the agreement, prior to final payment request. Maintenance period shall begin at project completion date and remain in effect for one year. According to City standards the surety company must be a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.

BIDDER agrees to abide by all requirements of the Department of Industrial Relations (DIR) applicable to this public works contract and specified in the City of Visalia Labor Compliance Manual, including but not limited to assuring valid DIR registration numbers for all Contractors and Subcontractors performing work under this contract, payment of state prevailing wages, and uploading certified payrolls to the Labor Commissioner.

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BIDDING AGENCY:_________________

BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.

LOWEST BID WILL BE BASED ON THE LOWEST TOTAL BID AMOUNT. Bid will be awarded to the lowest bidder whose bid is deemed both responsive and responsible and meets all specifications of RFB 25-26-16.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on bid form.

Instructions: Bidder shall enter Unit Price and Extended Amount for each item. If a discrepancy exists between unit price and extended amount, the unit price controls . Totals include all labor, materials, taxes, equipment, incidentals, overhead, and profit.

No.

Item Description
(Per specifications of
RFB 25-26-16)
Unit
Estimated
Quantity
(A) x
Unit Price

(B) =
Extended
Amount
(C)
1 Mobilization /
Demobilization / Site
Protection

LS 1 x $ = $
2 Remove & Dispose Existing
Biofilter Media (all beds)

LS 1 x $ = $
3 Surface Cleaning (biofilter
walls/floors, trench &
underdrains; pressure cleaning
to restore surfaces)

LS 1 x $
= $
4 Biofilter Media – Furnish,
Deliver, Place (100% screened
yard-waste compost overs; see
spec)

CY 920 x $ = $
5 Associated Equipment
Inspection and Assessment
Only (no routine maintenance)

LS 1 x $ = $
6 Testing & Commissioning
(smoke test, irrigation
coverage, air balancing report)
LS 1 x $ = $

TOTAL BID AMOUNT
(Items 1-6)

$

Notes:
 Required submittals include media gradation reports, cubic foot sample of proposed biofilter media, final air balance report, and commissioning documentation (including test data, photos, and system settings). Media submittals (gradation & sample) shall be approved prior to mobilization.
 Conditional submittals (only if repair or replacement work is authorized by the City) include shop drawings and irrigation layout/schematics; product data and samples for liner and

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geonet materials; trench coating data; and any additional submittals associated with the approved work.
 Air balance report and full commissioning package are required at closeout.  All work shall maintain odor control service via staged construction and coordination with Operations (see O&M Ch. 15).
 This contract is limited to one-time media replacement and inspection; no ongoing or annual maintenance is included.

(1)________________________________________________________________________________________ Bidding Agency

(2)______________________________________________________________________________________ Corporation, Partner, Joint Venture

(3)______________________________________________________________________________________ Business Address City State Zip Code

________________________________________________________________________________________ Telephone Number Email Address

(4)____________________________________________________________________________________________ Signature of Authorized Person (Date)

____________________________________________________________________________________________ Type or Print Authorized Person’s Name

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE (1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.

(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”.

(3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed.

(4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.

______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ _________________________________
Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.

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BIDDING AGENCY:_________________

BIDDING CONTRACTOR’S LICENSE INFORMATION:

STATE CONTRACTOR’S LIC. CLASS:_________________ # _____________________________EXP. DATE:___________ STATE D.I.R. REGISTRATION #______________________________________________________ FEDERAL TAX I.D. #______________________________________ CITY OF VISALIA BUSINESS TAX CERTIFICATE #__________________________________(A City Business Tax Certificate (license) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work or if vendor is presently transacting business within the City of Visalia, regardless of whether the business address is actually located within the City. Contact the business License Division for clarification of questions at 559-713-4326.

CONTRACTOR’S REFERENCES : The following are the names, addresses, and telephone numbers for at least three (3) agencies for which BIDDER has performed work similar in size and scope within the past two (2) years.

REFERENCE 1

NAME OF AGENCY:__________________________________________________CONTACT PERSON:_____________________

AGENCY ADDRESS:_________________________________________________PHONE #:_______________________________

REFERENCE 2

NAME OF AGENCY:__________________________________________________CONTACT PERSON:____________________

AGENCY ADDRESS:_________________________________________________PHONE #:_______________________________

REFERENCE 3

NAME OF AGENCY:__________________________________________________CONTACT PERSON:_____________________

AGENCY ADDRESS:_________________________________________________PHONE #:_______________________________

DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.

COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________

ADDRESS:_____________________________________________TELEPHONE#_______________________________

COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________

ADDRESS:_____________________________________________TELEPHONE#_______________________________

COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________

ADDRESS:_____________________________________________TELEPHONE#_______________________________

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SUBCONTRACTOR LISTING BIDDING AGENCY:____________________________ The undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned BIDDER. It is understood that the BIDDER, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the approval of the Project Manager.

SUBCONTRACTOR INFORAMTION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)

1. Subcontractor
Name:

Performing

_____% of
project
work

Asbestos

Boilermaker

Bricklayers

Carpenters

Carpet/Linoleum

Cement Mason

Drywall Finisher

Drywall/Lathers

Electricians

Elevator
Mechanic

Glaziers

Iron Worker

Laborers

Millwrights

Operating
Engineers

Painters

Pile Drivers

Pipe Trades

Plasterers

Roofers

Sheet Metal

Sound/Comm

Surveyors

Teamster

Tile Worker

Other: ________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

2. Subcontractor
Name:

Performing

_____% of
project
work

Asbestos

Boilermaker

Bricklayers

Carpenters

Carpet/Linoleum

Cement Mason

Drywall Finisher

Drywall/Lathers

Electricians

Elevator
Mechanic

Glaziers

Iron Worker

Laborers

Millwrights

Operating
Engineers

Painters

Pile Drivers

Pipe Trades

Plasterers

Roofers

Sheet Metal

Sound/Comm

Surveyors

Teamster

Tile Worker

Other: ________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

3. Subcontractor
Name:

Performing

_____% of
project
work

Asbestos

Boilermaker

Bricklayers

Carpenters

Carpet/Linoleum

Cement Mason

Drywall Finisher

Drywall/Lathers

Electricians

Elevator
Mechanic

Glaziers

Iron Worker

Laborers

Millwrights

Operating
Engineers

Painters

Pile Drivers

Pipe Trades

Plasterers

Roofers

Sheet Metal

Sound/Comm

Surveyors

Teamster

Tile Worker

Other: ________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #
* Note: If more space is needed to list additional subcontractor and trade classifications, please list remaining subcontractors on a separate sheet of paper and submit with Bid.

RFB NO. 25-26-16
Biofilter Media Replacement & Associated Equipment Inspection

EXHIBIT “B-1”
Submit with Bid

BID GUARANTEE

Known all men by these presents:

That we, ____________________________ ________________ as principal and __________________________________________________ as surety, are held and firmly bound unto the City of Visalia (obligee) in the sum of ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presented.

In no case shall the liability of the surety hereunder exceed the sum of $____________________.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal has submitted the above mentioned bid to the City of Visalia for certain construction specifically described as follows, for which bids are to be opened at ___________________________ on ___________________________________ for improvement of Invitation to Bid No. 25-26-16
Project: Biofilter Media Replacement & Associated Equipment Inspection at Visalia Water Reclamation Facility

NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed form in accordance with the bid, and files the two bonds with the City of Visalia, one to guarantee faithful performance and the other to guarantee payment of labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect.

In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney’s fee to be fixed by the court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this

_______________________________ day of _______________________________, 2026

Company (Principal): ______________________________________________ Business Address: ______________________________________________ Signature:_______________________________________________________________ ___ Date:________________________ Name of Signing Official: _____________________________________________________ Title:_________________________

Company Seal (if any):

Company (Surety): ______________________________________________ Business Address: ______________________________________________ Signature:_______________________________________________________________ ___ Date:________________________ Name of Signing Official: _____________________________________________________ Title:_________________________

Company Seal (if any):

Note: Signatures of those executing for the surety must be properly acknowledged.

RFB NO. 25-26-16
Biofilter Media Replacement & Associated Equipment Inspection

EXHIBIT “B-2”
Submit with Bid

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)

In accordance with Title 23 United States Code section 112 and Public Contract Code 7106 the bidder declares that bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

__________________________________________ ________________________ Signature Date

Note: The above Non-collusion Affidavit is part of the Bid/Proposal.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

RFB NO. 25-26-16
Biofilter Media Replacement & Associated Equipment Inspection

EXHIBIT “B-3”
Submit with Bid

WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal (if any):

RFB NO. 25-26-16
Biofilter Media Replacement & Associated Equipment Inspection

EXHIBIT “B-4”
Submit with Bid

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)

Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:

1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following:
employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The BIDDER will, in all solicitations or advertisements for employees, placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

3. The BIDDER will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the BIDDER’s commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.

4. The BIDDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

5. The BIDDER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.

Company: ______________________________________________ Business Address: ______________________________________________

Signature:______________________________________________ Date:________________ Name & Title of Signing Official: ______________________________________________ Company Seal (if any)

Note: Executive Order 11246 has been rescinded effective January 2025.

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Biofilter Media Replacement & Associated Equipment Inspection

EXHIBIT “B-5”
Submit with Bid

OWNERSHIP DISCLOSURE AND CALIFORNIA LEVINE ACT STATEMENT

The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:

1. submitting a bid or proposal in response to a solicitation by City of Visalia; or

2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.

OWNERSHIP DISCLOSURE

_________________________________________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company

_________________________________________________________________________________________________________ Address

List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also know as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $500 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.

The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract?
YES:_____ NO:_____. If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Council Member(s) Name Date of Contribution(s)

_____________________________ ___________________________

Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.

_____________________________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company

Signature of Company Authorized Individual Print or Type Name of Authorized Individual Date

RFB NO. 25-26-16
Biofilter Media Replacement & Associated Equipment Inspection

EXHIBIT “B-6”
Submit with Bid

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME

FEDERAL ID NUMBER
BY(Authorized Signature)

DATE EXECUTED

PRINTED NAME OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)

( )
TITLE

CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS

The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:

(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:

(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.

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Biofilter Media Replacement & Associated Equipment Inspection

EXHIBIT “B-7”
Submit with Bid

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE

By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract.

By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal (if any):

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Biofilter Media Replacement & Associated Equipment Inspection

EXHIBIT “B-8”
Submit with Bid

IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)

As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

⃝ The Contractor is not:
(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or

(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000 over the life of the contract (up to 5 years).

Signature:________________________________ Printed Name:_______________________

Title:____________________________________ Agency Name:_________________________

Date:____________________

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.

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Biofilter Media Replacement & Associated Equipment Inspection

EXHIBIT “B-9”
Submit with Bid

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

1. “Segregated facilities,” as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.

2. By the submission of a bid, the BIDDER certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

3. By submission of the bid, the BIDDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:
(a) Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause;
(b) Retain such certifications in its files; and

(c) Forward this certification and the following notice to the proposed SUBCONTRACTORs:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

FOR CERTIFICATION OF NONSEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e., quarterly, semi-annually, or annually).

4. By commencing performance of the Contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official:______________________________________________ Date:__________

Title of Signing Official:______________________________________________

Company Seal (if any):

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Biofilter Media Replacement & Associated Equipment Inspection

EXHIBIT “B-10”
Submit with Bid

CERTIFICATION OF ANTI-KICKBACK COMPLIANCE
(48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. § 8741; and 40 U.S.C. (c))

By submission of a Bid, the BIDDER certifies that it has read the “Anti-Kickback Procedures,” referenced above and that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in that provision, relating to the award of the Contract. By commencing performance of the Contract work, the selected BIDDER certifies to Anti-Kickback Compliance.

Company: _____________________________________________ Business Address: _____________________________________________ Signature: _____________________________________________ Name of Signing Official: __________________________________________ Title of Signing Official:____________________________________________ Date: _____________________________________________
Company Seal (if any):

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EXHIBIT “B-11”
Submit with Bid

CLEAN AIR ACT AND WATER POLLUTION CONTROL CERTIFICATION

CLEAN AIR ACT 42 U.S.C. § 7401-7671q.) and the FEDERAL WATER POLLUTION CONTROL ACT as amended
(33 U.S.C. § 1251-1387). 49 CFR, Part 18, Section 18.36)

BIDDER agrees that any facility to be used in the performance of the contract, or to benefit from the contract, is not listed on the Environmental Protection Agency List of Violating Facilities.

BIDDER also agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended 33 U.S.C. 1251 et seq. relating to the inspection, monitoring, entry, reports and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder.

BIDDER agrees that as a condition for award of the contract, the BIDDER will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of, or benefit from, the contract is under consideration to be listed on the EPA List of Violating Facilities.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal (if any):

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EXHIBIT “C”

SAMPLE PROJECT AGREEMENT

BIOFILTER MEDIA REPLACEMENT & ASSOCIATED EQUIPMENT INSPECTION AT THE

WATER RECLAMATION FACILITY
(City of Visalia Bid No. 25-26-16)

This Agreement, entered into and effective this ________ day of ________________, 2026 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S

WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and

WHEREAS, CITY is a municipal corporation and Charter Law City; and

WHEREAS, CITY desires completion of the Biofilter Media Replacement & Associated Equipment Inspection Project, which was let to bid on ___________ as evidenced by Bid No. 25-26-16 (the “Project”); and

WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for the Project; and

WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The indemnification and defense provisions shall survive expiration and termination. Suspension or termination of this Agreement may occur if CONTRACTOR materially fails to comply with any term of the award. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 25-26-16 Biofilter Media Replacement & Associated Equipment Inspection
Attachment 4 CONTRACTOR’s bid in response to Bid No. 25-26-16

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):

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All work described in Scope of Services in Bid No. 25-26-16

4. CITY COMMITMENTS:

CITY shall perform the following tasks on or before the stated completion dates:

TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced As requested by Contractor

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.

*CONTRACTOR may elect to avoid the 5% retention by depositing securities of equivalent value pursuant to California Public Contract Code Section 22300.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CONTRACTOR

Dated: ___________________ By:______________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF VISALIA

Dated: ____________________ By:______________________________________________________ City Manager

Dated: ____________________ By:______________________________________________________ City Attorney

Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager

Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Total Compensation: $
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from receipt of approved invoice for completed work, less 5% retention until 35 days after work is completed and accepted by CITY as evidenced by the recordation of a Notice of Completion*

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Exhibit “C”
Attachment 1

GENERAL CONTRACT PROVISIONS

A. Successors and Assigns : This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

B. Prohibition of Assignment : Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________

D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Removal : This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.

G. Conflict With Law : If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.

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2. ONE YEAR GUARANTEE: Besides guarantees required elsewhere, CONTRACTOR shall and hereby does guarantee the project work for a period of one year after the date of acceptance by CITY.

3. WARRANTIES: Warranties required by the Invitation to Bid or this Agreement shall commence on the date of acceptance of the work by CITY, unless otherwise provided in a Certificate of Substantial Completion.

CONTRACTOR warrants that the materials and equipment furnished under the Agreement will be new and of recent manufacturer unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Agreement. Work that does not conform may be considered defective. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the CONTRACTOR, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.

CONTRACTOR warrants that title to all work covered by an application for payment will pass to the CITY either by incorporation in the construction or upon the receipt of payment by the CONTRACTOR, whichever occurs first, free and clear of all liens.

CONTRACTOR warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to CITY no later than the time of payment free and clear of all liens.

No materials or supplies for the project shall be purchased by the CONTRACTOR or SUBCONTRACTOR subject to any mortgage or under a condition of sale contract or other agreement by which an interest is retained by the seller. CONTRACTOR warrants that it has good title to all materials and supplies used by it in the project, free from all liens.

CONTRACTOR shall indemnify and hold CITY harmless from all claims growing out of the lawful demands of SUBCONTRACTORS, laborers, workers, mechanics, material persons, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, incurred in furtherance of the performance of this Agreement. CONTRACTOR shall, at CITY’s request, furnish satisfactory evidence that all obligations of the nature here and above designated have been paid, discharged, or waived. If CONTRACTOR fails to do so, then CITY may, after having served written notice on the CONTRACTOR, either pay directly unpaid bills, of which the CITY has written notice, or withhold from the CONTRACTOR’s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged where upon payment to the CONTRACTOR shall be resumed, in accordance of the terms of this Agreement, but in no event shall the provisions of this sentence be construed to impose any obligations on the CITY to either the CONTRACTOR or its surety. In paying any unpaid bills of the CONTRACTOR, the CITY shall be deemed the agent of the CONTRACTOR and any payment so made by the CITY shall be considered as payment made under the contract by the CITY to the CONTRACTOR and the CITY shall not be liable to the CONTRACTOR for any such payments made in good faith.

Any defective work that is either corrected or replaced shall be warrantied and guaranteed for a period of one year from the date of such correction or replacement.

J. Attorney’s Fees : In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

K. Headings : Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

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L. Firearms Prohibited: Guns may not be carried by contractors /vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/ consultant is caught carrying a gun, without City permission, their contract will be terminated.

M. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

N. Time is of the Essence : Time is of the essence in the performance of the construction anticipated by this Contract.

O. Liquidated Damages : CITY AND CONTRACTOR ACKNOWLEDGE AND AGREE THAT TIME IS OF THE ESSENCE FOR THIS PROJECT. THEREFORE, FOR EACH DAY THE

PROJECT IS DELAYED BEYOND THE AGREED COMPLETION DATE OF ONE HUNDRED TWENTY (120) CALENDAR DAYS, IT WOULD BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN THE EXTENT OF THE DETRIMENT TO CITY. THE PARTIES

HAVE DETERMINED AND AGREED THAT THE ACTUAL AMOUNT OF DAMAGES THAT

WOULD BE SUFFERED BY CITY AS A RESULT OF ANY SUCH DELAY IS THE SUM OF SEVEN HUNDRED FIFTY DOLLARS ($750.00) PER DAY, WHICH IS A REASONABLE ESTIMATE OF THE AMOUNT OF SUCH DAMAGES. THE PAYMENT OF SUCH AMOUNT

AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT IS

INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO CITY PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. CITY HEREBY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 3389. CITY AGREES THAT THESE

LIQUIDATED DAMAGES SHALL BE IN LIEU OF ANY OTHER MONETARY RELIEF OR

OTHER REMEDY FOR DELAY, INCLUDING, WITHOUT LIMITATION, SPECIFIC

PERFORMANCE, TO WHICH CITY MIGHT OTHERWISE BE ENTITLED UNDER THIS AGREEMENT, AT LAW OR IN EQUITY, AND SHALL BE CITY’s SOLE AND EXCLUSIVE RIGHT AND REMEDY, EXCEPT THAT CITY MAY TERMINATE THE AGREEMENT.

CITY CONTRACTOR ________

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Biofilter Media Replacement & Associated Equipment Inspection

Exhibit “C”
Attachment 2

INSURANCE REQUIREMENTS

1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.

2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement.

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:

a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;

b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.

c. Professional Liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).

d. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:

(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability

4. Other Insurance Provisions.

If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage.

This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:

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Biofilter Media Replacement & Associated Equipment Inspection

a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.

b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.

c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division

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Biofilter Media Replacement & Associated Equipment Inspection

Exhibit “D”

SAMPLE CONTRACTOR AFFIDAVIT

I, declare under penalty of perjury
(Affidavit’s Name)

under the laws of the State of California and the provisions of the California Labor Code §1771, §1773.1, §1775, §1776, §1777.5, §1813 and §1815 that:

1. I am the of and I
(Officer, Owner, Partner) (Company)

am responsible for the payment of persons employed by
(Company)

who performed work on the City of Visalia Project entitled:

2. During all payroll periods from through , (first work date) (last work date)

All persons employed by on this project
(Company)

have at all times been paid, at a minimum, the specified general prevailing rate of

per diem wages and any amounts due.

3. During all payroll periods on this project, all apprenticeship requirements have been

complied with.

Executed and sworn to this day of ,
(Day) (Month) (Year)

___________________________________ __________________ (Signature) (Date)

Visalia WRF O&M Manual
CHAPTER 15: ODOR CONTROL SYSTEM

15.1 I NTRODUCTION

15.2 P ROCESS COMPONENTS AND THEORY

15.2.1 Process Components
Figure 15.1
Figures

15.2 15.3
Table 15.1
Exhibit E-1
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Visalia WRF O&M Manual
Figure 15.1: Detailed Process Flow Diagram of Odor Control System.

Visalia WRF O&M ManualFigure 15.2: Foul Air Supply Fans.Figure 15.3: Biological Filter.

Visalia WRF O&M ManualTable 15.1: Design Specifications for Components of Odor Control System.ItemUnitsValueRemarks Visalia WRF O&M Manual15.2.2 Process Theory

15.2.3 Biofilter Operation and Maintenance 15.2.3.1 OperationBiofilter Irrigation.Irrigation Frequency.

Visalia WRF O&M ManualFoul Air Temperature.Visual Inspection of Biofilter.Odor from the Biofilter.15.2.3.2 MaintenanceFoul Air Ventilation System.Drainage Systems.Changing Biofilter Media.Table 15.1 Visalia WRF O&M Manual15.3 EQUIPMENT CONTROLS15.3.1 Automatic/Manual Operation 15.3.1.1 Biofilter Fans (1BFF01 and 1BFF02) Figure 15.4: Biofilter Fan HOA Selector Switch.

15.3.1.2 Irrigation System

Visalia WRF O&M ManualFigure 15.5: Irrigation System Selector Switch.15.3.2 Normal Operation 15.4 POWER DISTRIBUTION

Visalia WRF O&M Manual
Figure 15.6: Partial Single Line Diagram for Biofilter Fans15.5 TROUBLESHOOTING GUIDE15.5.1 BiofiltersTable 15.2: Biofilter TroubleshootingProblem and Observation(s) Possible Cause(s) Solution(s)

Visalia WRF O&M Manual15.5.2 Make Up Air Unit and Biofilter Fans 15.6 SUPPORTING DOCUMENTSoooooooo Exhibit E-2
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GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1

FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS Craft: Cement Mason#
Determination:

NC-23-203-1-2025-1
Issue Date:

August 22, 2025
Expiration date of determination:

June 30, 2026** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Office of the Director - Research Unit for specific rates at (415) 703-4774.

Localities:

All localities within Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba counties.

Wages and Employer Payments:

Classification
(Journeyperson)
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation
and
Holidaya
Training Other Hoursb Total
Hourly
Rate
Daily
Overtime
Hourly
Rate
(1 ½
X)cd
Saturday
Overtime
Hourly
Rate
(1 ½ X)cd
Sunday/
Holiday
Overtime
Hourly
Rate
(2 X)
Cement Mason $49.00 $9.86 $12.61 $7.40 $1.07 $0.12 8.0 $80.06 $104.56 $104.56 $129.06 Mastic Magnesite Gypsum,
Epoxy, Polyester, Resin, and all
composition masons, swing or
slip form scaffolds
$50.00 $9.86 $12.61 $7.40 $1.07 $0.12 8.0 $81.06 $106.06 $106.06 $131.06 Exhibit E-3
RFB 25-26-16
Determination: NC-23-203-1-2025-1 and NC-23-203-1A-2025-1

GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1

FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS Craft: Cement Mason (Special Single Shift)#
Determination:

NC-23-203-1A-2025-1
Issue Date:

August 22, 2025
Expiration date of determination:

June 30, 2026** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Office of the Director - Research Unit for specific rates at (415) 703-4774.

Localities:

All localities within Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba counties.

Wages and Employer Payments:

Classification
(Journeyperson)
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation
and
Holiday
a
Training Other Hours Total
Hourly
Rate
Daily
Overtime
Hourly
Rate
(1 ½ X)
cd
Saturday
Overtime
Hourly
Rate
(1 ½ X)
cd
Sunday/
Holiday
Overtime
Hourly
Rate
(2 X)
Cement Mason $52.00 $9.86 $12.61 $7.40 $1.07 $0.12 8.0 $83.06 $109.06 $109.06 $135.06 Mastic Magnesite Gypsum,
Epoxy, Polyester, Resin, and all
composition masons, swing or
slip form scaffolds
$53.00 $9.86 $12.61 $7.40 $1.07 $0.12 8.0 $84.06 $110.56 $110.56 $137.06

Determination: NC-23-203-1-2025-1 and NC-23-203-1A-2025-1

Recognized holidays:

Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.

Travel and/or subsistence payment:

In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.

# Indicates an apprenticeable craft. The current apprentice wage rates are available on the Prevailing Wage Apprentice Determinations Website (http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp). a Includes an amount for supplemental dues.
b Where multiple shifts are worked, the day shift shall work eight (8) hours and for such work they shall be paid the regular straight time rate for eight (8) hours; the second (2nd) shift shall work seven and one-half (7 ½) hours, and for such work they shall be paid the regular straight time rate for eight (8) hours; if a third (3rd) shift is worked, they shall work seven (7) hours and for such work they shall be paid eight (8) hours regular straight time pay. No multiple shift shall be started for less than five (5) consecutive days. c Rate applies to the first 4 daily overtime hours and the first 8 hours worked on Saturday. All other time is paid at the double time (2X) rate. d Saturdays may be worked at straight time if job is shut down during normal work week due to inclement weather or major mechanical breakdown (limited to curb and gutter machine, concrete pump, and concrete plant).

PREDETERMINED INCREASE
CRAFT:

Cement Mason and Cement Mason (Special Single Shift)
DETERMINATIONS:

NC-23-203-1-2025-1 and NC-23-203-1A-2025-1
LOCALITIES:

All localities within Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba Counties.

This predetermined increase for the above named craft applies only to the current determination for work being performed on public works projects with bid advertisement dates on or after September 1, 2025, until this determination is superseded by a new determination or a predetermined increase modification notice becomes effective.

When referencing our prevailing wage determinations, please note that if the prevailing wage rate determination which was in effect on the bid advertisement date of a project, has a single asterisk (*) after the expiration date, the rate will be good for the life of the project. However, if a prevailing wage rate determination has double asterisks (**) after the expiration date, the rate must be updated on the following date to reflect the predetermined rate change(s).

CEMENT MASON: All Classifications
Determination NC-23-203-1-2025-1 and NC-23-203-1A-2025-1 are currently in effect and expire on June 30, 2026**.

Effective July 1, 2026, there will be an increase of $3.50 to be allocated to wages and/or employer payments.

There will be no further increases applicable to this determination.

Issued 8/22/2025, Effective 9/1/2025 until superseded.

This page will be updated when wage rate breakdown information becomes available.

Last Updated: September 1, 2025

GENERAL PREVAILING WAGE DETERMINATION MADE BY THE

DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1

FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS Craft: LABORER AND RELATED CLASSIFICATIONS#
Determination:

NC-23-102-1-2026-1
Issue Date:

February 22, 2026
Expiration date of determination:

June 28, 2026** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now.

Contact the Office of the Director - Research Unit for specific rates at (415) 703-4774.

Localities:

All localities within Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Mariposa, Marin, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba Counties.

AREA 1 - Alameda, Contra Costa, Marin, San Francisco, San Mateo, And Santa Clara Counties.

AREA 2 - Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Joaquin, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo And Yuba Counties.

WAGE RATES AND TOTAL HOURLY RATES (AREA 1):

Classification
a (Journeyperson)
Basic
Hourly
Rateb
Hoursc
Total
Hourly
Rate
Daily/
Saturday
Overtime
Hourly
Rated
Sunday/
Holiday
Overtime
Hourly
Rate
Construction Specialist $39.85 8 $71.01 $90.94 $110.86 Group 1; Group 1(B)e $39.15 8 $70.31 $89.89 $109.46
Group 1 (A) $39.37 8 $70.53 $90.22 $109.90
Group 1 (C) $39.20 8 $70.36 $89.96 $109.56
Group 1 (E) $39.70 8 $70.86 $90.71 $110.56
Group 1 (G) $39.35 8 $70.51 $90.19 $109.86
Group 2 $39.00 8 $70.16 $89.66 $109.16
Group 3; Group 3 (A) $38.90 8 $70.06 $89.51 $108.96
Group 4; Group 6 (B) $32.59 8 $63.75 $80.05 $96.34
Group 6 $40.11 8 $71.27 $91.33 $111.38
Group 6 (A) $39.61 8 $70.77 $90.58 $110.38
Group 6 (C) $39.02 8 $70.18 $89.69 $109.20
Group 6 (D) $39.73 8 $70.89 $90.76 $110.62
Group 6 (E) $38.75 8 $69.91 $89.29 $108.66
Group 7 – Stage 1 (1st 6 months) $27.23 8 $58.39 $72.01 $85.62 Group 7 – Stage 2 (2nd 6 months) $31.12 8 $62.28 $77.84 $93.40 Group 7 – Stage 3 (3rd 6 months) $35.01 8 $66.17 $83.68 $101.18

Determination: NC-23-102-1-2026-1 and NC-23-102-1-2026-1A

WAGE RATES AND TOTAL HOURLY RATES (AREA 2):

Classificationa (Journeyperson)
Basic
Hourly
Rateb
Hoursc
Total
Hourly
Rate
Daily/
Saturday
Overtime
Hourly
Rated
Sunday/
Holiday
Overtime
Hourly
Rate
Construction Specialist $38.85 8 $70.01 $89.44 $108.86 Group 1; Group 1(B)e $38.15 8 $69.31 $88.39 $107.46
Group 1 (A) $38.37 8 $69.53 $88.72 $107.90
Group 1 (C) $38.20 8 $69.36 $88.46 $107.56
Group 1 (E) $38.70 8 $69.86 $89.21 $108.56
Group 2 $38.00 8 $69.16 $88.16 $107.16
Group 3; Group 3 (A) $37.90 8 $69.06 $88.01 $106.96
Group 4; Group 6 (B) $31.59 8 $62.75 $78.55 $94.34
Group 6 $39.11 8 $70.27 $89.83 $109.38
Group 6 (A) $38.61 8 $69.77 $89.08 $108.38
Group 6 (C) $38.02 8 $69.18 $88.19 $107.20
Group 6 (D) $38.73 8 $69.89 $89.26 $108.62
Group 6 (E) $37.75 8 $68.91 $87.79 $106.66
Group 7 – Stage 1 (1st 6 months) $26.53 8 $57.69 $70.96 $84.22 Group 7 – Stage 2 (2nd 6 months) $30.32 8 $61.48 $76.64 $91.80 Group 7 – Stage 3 (3rd 6 months) $34.11 8 $65.27 $82.33 $99.38 EMPLOYER PAYMENTS:

Type of Fund Amount per Hour Worked
Health & Welfare $11.10
Pension $15.31
Vacation and Holiday $3.91
Training $0.52
Other $0.32

Determination: NC-23-102-1-2026-1 and NC-23-102-1-2026-1A

GENERAL PREVAILING WAGE DETERMINATION MADE BY THE

DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1

FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS Craft: LABORER AND RELATED CLASSIFICATIONS (Special Single and Second Shift)# Determination:

NC-23-102-1-2026-1A
Issue Date:

February 22, 2026
Expiration date of determination:

June 28, 2026** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now.

Contact the Office of the Director - Research Unit for specific rates at (415) 703-4774.

Localities:

All localities within Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Mariposa, Marin, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba Counties.

AREA 1 - Alameda, Contra Costa, Marin, San Francisco, San Mateo, And Santa Clara Counties.

AREA 2 - Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Joaquin, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo And Yuba Counties.

WAGE RATES AND TOTAL HOURLY RATES (AREA 1):

Classification
a (Journeyperson)
Basic
Hourly
Rateb
Hours
Total
Hourly
Rate
Daily/
Saturday
Overtime
Hourly
Rated
Sunday/
Holiday
Overtime
Hourly
Rate
Construction Specialist $42.85 8 $74.01 $95.44 $116.86
Group 1; Group 1(B)e $42.15 8 $73.31 $94.39 $115.46
Group 1 (A) $42.37 8 $73.53 $94.72 $115.90
Group 1 (C) $42.20 8 $73.36 $94.46 $115.56
Group 1 (E) $42.70 8 $73.86 $95.21 $116.56
Group 1 (G) $42.35 8 $73.51 $94.69 $115.86
Group 2 $42.00 8 $73.16 $94.16 $115.16
Group 3; Group 3 (A) $41.90 8 $73.06 $94.01 $114.96
Group 4; Group 6 (B) $35.59 8 $66.75 $84.55 $102.34
Group 6 $43.11 8 $74.27 $95.83 $117.38
Group 6 (A) $42.61 8 $73.77 $95.08 $116.38
Group 6 (C) $42.02 8 $73.18 $94.19 $115.20
Group 6 (D) $42.73 8 $73.89 $95.26 $116.62
Group 6 (E) $41.75 8 $72.91 $93.79 $114.66
Group 7 – Stage 1 (1st 6 months) $30.23 8 $61.39 $76.51 $91.62 Group 7 – Stage 2 (2nd 6 months) $34.12 8 $65.28 $82.34 $99.40 Group 7 – Stage 3 (3rd 6 months) $38.01 8 $69.17 $88.18 $107.18 Determination: NC-23-102-1-2026-1 and NC-23-102-1-2026-1A

WAGE RATES AND TOTAL HOURLY RATES (AREA 2):

Classificationa (Journeyperson)
Group
Basic
Hourly
Rateb
Hours
Total
Hourly
Rate
Daily/
Saturday
Overtime
Hourly
Rated
Sunday/
Holiday
Overtime
Hourly
Rate
Construction Specialist $41.85 8 $73.01 $93.94 $114.86
Group 1; Group 1(B)e $41.15 8 $72.31 $92.89 $113.46
Group 1 (A) $41.37 8 $72.53 $93.22 $113.90
Group 1 (C) $41.20 8 $72.36 $92.96 $113.56
Group 1 (E) $41.70 8 $72.86 $93.71 $114.56
Group 2 $41.00 8 $72.16 $92.66 $113.16
Group 3; Group 3 (A) $40.90 8 $72.06 $92.51 $112.96
Group 4; Group 6 (B) $34.59 8 $65.75 $83.05 $100.34
Group 6 $42.11 8 $73.27 $94.33 $115.38
Group 6 (A) $41.61 8 $72.77 $93.58 $114.38
Group 6 (C) $41.02 8 $72.18 $92.69 $113.20
Group 6 (D) $41.73 8 $72.89 $93.76 $114.62
Group 6 (E) $40.75 8 $71.91 $92.29 $112.66
Group 7 – Stage 1 (1st 6 months) $29.53 8 $60.69 $75.46 $90.22 Group 7 – Stage 2 (2nd 6 months) $33.32 8 $64.48 $81.14 $97.80 Group 7 – Stage 3 (3rd 6 months) $37.11 8 $68.27 $86.83 $105.38 EMPLOYER PAYMENTS:

Type of Fund Amount per Hour Worked
Health & Welfare $11.10
Pension $15.31
Vacation and Holiday $3.91
Training $0.52
Other $0.32
Determination: NC-23-102-1-2026-1 and NC-23-102-1-2026-1A

CLASSIFICATIONS
Construction Specialist

ASPHALT IRONERS AND RAKERS

CHAINSAW

CONCRETE DIAMOND CHAINSAW

LASER BEAM IN CONNECTION WITH
LABORER’S WORK

MASONRY AND PLASTER TENDER

MECHANICAL PIPE LAYER-ALL TYPES

REGARDLESS OF TYPE OR METHOD OF
POWER

CAST IN PLACE MANHOLE FORM SETTERS

PRESSURE PIPELAYERS
DAVIS TRENCHER – 300 OR SIMILAR TYPE
(AND ALL SMALL TRENCHERS)

STATE LICENSED BLASTERS AS DESIGNATED

DIAMOND DRILLERS

DIAMOND CORE DRILLER

MULTIPLE UNIT DRILLS

HIGH SCALERS (INCLUDING DRILLING OF
SAME)

HYDRAULIC DRILLS

CERTIFIED WELDER
GROUP 1 (FOR CONTRA COSTA COUNTY
ONLY, USE GROUP 1 (G) FOR SOME OF THE

FOLLOWING CLASSIFICATIONS)

ASPHALT SPREADER BOXES (ALL TYPES)

BARKO, WACKER AND SIMILAR TYPE

TAMPERS

BIOHAZARD CLEANUP WORKER

BUGGYMOBILE

CAULKERS, BANDERS, PIPEWRAPPERS,

CONDUIT LAYERS, PLASTIC PIPE LAYERS

CERTIFIED ASBESTOS AND MOLD REMOVAL
WORKER

CERTIFIED HAZARDOUS WASTE WORKER
(INCLUDING LEAD ABATEMENT)

COMPACTORS OF ALL TYPES
CONCRETE AND MAGNESITE MIXER AND ½
YARD

CONCRETE PAN WORK

CONCRETE SANDERS, CONCRETE SAW

CRIBBERS AND/OR SHORING

CUT GRANITE CURB SETTER

DRI PAK-IT MACHINE

FALLER, LOGLOADER AND BUCKER

FORM RAISERS, SLIP FORMS

GREEN CUTTERS

HEADERBOARD MEN, HUBSETTERS,

ALIGNERS BY ANY METHOD
HIGH PRESSURE BLOW PIPE (1-1/2” OR OVER,
100 LBS. PRESSURE/OVER)

HYDRO SEEDER AND SIMILAR TYPE

JACKHAMMER OPERATORS
JACKING OF PIPE OVER 12 INCHES

JACKSON AND SIMILAR TYPE COMPACTORS

KETTLEMEN, POTMEN, AND MEN APPLYING

ASPHALT, LAY KOLD, CREOSOTE, LIME,

CAUSTIC AND SIMILAR TYPE MATERIALS
(APPLYING MEANS APPLYING DIPPING, OR

HANDLING OF SUCH MATERIALS)

LAGGING, SHEETING, WHALING, BRACING,

TRENCH-JACKING, LAGGING HAMMER

MAGNESITE, EPOXY RESIN, FIBER GLASS AND

MASTIC WORKERS (WET/DRY)

NO JOINT PIPE AND STRIPPING OF SAME,

INCLUDING REPAIR OF VOIDS

PAVEMENT BREAKERS AND SPADERS,

INCLUDING TOOL GRINDER

PERMA CURBS

PRECAST-MANHOLE SETTERS

PIPELAYERS (INCLUDING GRADE CHECKING

IN CONNECTION WITH PIPELAYING)

PRESSURE PIPE TESTER

POST HOLE DIGGERS-AIR, GAS, AND

ELECTRIC POWER BROOM SWEEPERS

POWER TAMPERS OF ALL TYPES, EXCEPT AS
SHOWN IN GROUP 2

RAM SET GUN AND STUD GUN

RIPRAP-STONEPAVER AND ROCK-SLINGER,

INCLUDING PLACING OF SACKED

CONCRETE AND/OR SAND (WET OR DRY)

AND GABIONS AND SIMILAR TYPE

ROTARY SCARIFIER OR MULTIPLE HEAD

CONCRETE CHIPPING SCARIFIER

ROTO AND DITCH WITCH

ROTOTILLER

SAND BLASTERS, POTMEN, GUNMEN, AND

NOZZLEMEN

SIGNALING AND RIGGING

SKILLED WRECKER (REMOVING AND

SALVAGING OF SASH, WINDOWS,

DOORS, PLUMBING AND ELECTRIC

FIXTURES)

TANK CLEANERS

TREE CLIMBERS

TRENCHLESS TECHNOLOGY LABORER- PIPE

INSTALLATION, BURSTING, RELINING, OR

SIMILAR
TRENCHLESS LABORER’S WORK, CAMERA

CONTROLLER, CCT
V

TURBO BLASTER

VIBRA-SCREED-BULL FLOAT IN CONNECTION
Determination: NC-23-102-1-2026-1 and NC-23-102-1-2026-1A

WITH LABORER’S WORK

VIBRATORS
GROUP 1 (A)

ALL WORK OF LOADING, PLACING AND

BLASTING OF ALL POWDER &

EXPLOSIVES OF WHATEVER TYPE,

REGARDLESS OF METHOD USED FOR

LOADING AND PLACING
JOY DRILL MODEL TWM-2A
GARDENER-DENVER MODEL DH 143 AND

SIMILAR TYPE DRILLS

TRACK DRILLERS

JACK LEG DRILLERS

WAGON DRILLERS

MECHANICAL DRILLERS-ALL TYPES

REGARDLESS OF TYPE OR METHOD

OF POWER

BLASTERS AND POWDERMAN

TREE TOPPER

BIT GRINDER
GROUP 1 (B) -- SEE GROUP 1 RATES

SEWER CLEANERS (ANY WORKMEN WHO

HANDLE OR COME IN CONTACT WITH RAW

SEWAGE IN SMALL DIAMETER SEWERS)
SHALL RECEIVE $4.00 PER DAY ABOV
GROUP 1 WAGE RATES. THOSE WHO WORK

INSIDE RECENTLY ACTIVE, LARGE

DIAMETER SEWERS, AND ALL RECENTLY

ACTIVE SEWER MANHOLES SHALL RECEIVE
$5.00 PER DAY ABOVE GROUP 1 WAGE
RATES.

GROUP 1 (C)

BURNING AND WELDING IN CONNECTION
WITH LABORER’S WORK

SYNTHETIC THERMOPLASTICS AND SIMILAR

TYPE WELDING
GROUP 1 (D)
SEE FOOTNOTE A ON PAGE 8
GROUP 1 (E)

WORK ON AND/OR IN BELL HOLE FOOTINGS

AND SHAFTS THEREOF, AND WORK ON AND

IN DEEP FOOTINGS (DEEP FOOTINGS IS A
HOLE 15 FEET OR MORE IN DEPTH)
SHAFT IS AN EXCAVATION OVER FIFTEEN (15)

FEET DEEP OF ANY TYPE
GROUP 1 (G) APPLIES ONLY TO WORK IN

CONTRA COSTA COUNTY

PIPELAYERS (INCLUDING GRADE CHECKING

IN CONNECTION WITH PIPELAYING),

CAULKERS, BANDERS, PIPEWRAPPERS,

CONDUIT LAYERS, PLASTIC PIPE LAYER,

PRESSURE PIPE TESTER, NO JOINT PIPE

AND STRIPPING OF SAME, INCLUDING

REPAIR OF VOIDS, PRECAST MANHOLE

SETTERS, CAST IN PLACE MANHOLE FORM

SETTERS IN CONTRA COSTA COUNTY ONLY
GROUP 1(H)
SEE FOOTNOTE A ON PAGE 8
GROUP 2

ASPHALT SHOVELERS

CEMENT DUMPERS AND HANDLING DRY

CEMENT OR GYPSUM

CHOKE-SETTER AND RIGGER (CLEARING
WORK)

CONCRETE BUCKET DUMPER AND

CHUTEMAN

CONCRETE CHIPPING AND GRINDING

CONCRETE LABORERS (WET OR DRY)

DRILLERS HELPER, CHUCK TENDER, NIPPER
(ONE CHUCKTENDER ON SINGLE MACHINE

OPERATION WITH MINIMUM OF ONE

CHUCKTENDER FOR EACH TWO MACHINES
ON MULTIPLE MACHINE OPERATION.

JACKHAMMERS IN NO WAY INVOLVED IN
THIS ITEM.)

GUINEA CHASER (STAKEMAN), GROUT CREW

HIGH PRESSURE NOZZLEMAN, ADDUCTORS
HYDRAULIC MONITOR (OVER 100 LBS.

PRESSURE)

LOADING AND UNLOADING, CARRYING AND

HANDLING OF ALL RODS AND MATERIALS

FOR USE IN REINFORCING CONCRETE

CONSTRUCTION

PITTSBURGH CHIPPER, AND SIMILAR TYPE

BRUSH SHREDDERS

SEMI-SKILLED WRECKER (SALVAGING OF
OTHER BUILDING MATERIALS) – SEE ALSO
SKILLED WRECKER (GROUP 1)
SLOPER

SINGLEFOOT, HAND HELD, PNEUMATIC
TAMPER

ALL PNEUMATIC, AIR, GAS AND ELECTRIC
TOOLS NOT LISTED IN GROUPS 1 THROUGH
1 (F)
JACKING OF PIPE-UNDER 12 INCHES
Determination: NC-23-102-1-2026-1 and NC-23-102-1-2026-1A

GROUP 3

CONSTRUCTION LABORERS INCLUDING

BRIDGE LABORERS, GENERAL LABORERS

AND CLEANUP LABORERS

DEMOLITION WORKER

DUMPMAN, LOAD SPOTTER

FLAGPERSON/PEDESTRIAN MONITOR

FIRE WATCHER

FENCE ERECTORS, INCLUDING TEMPORARY

FENCING

GUARDRAIL ERECTORS

GARDENER, HORTICULTURAL AND
LANDSCAPE LABORERS (SEE GROUP 4, FOR

LANDSCAPE MAINTENANCE ON NEW

CONSTRUCTION DURING PLANT

ESTABLISHMENT PERIOD)

JETTING

LIMBERS, BRUSH LOADERS, AND PILERS

PAVEMENT MARKERS (BUTTON SETTERS)

PAVERS/INTERLOCKING PAVERS (ALL TYPES)

AND INTERLOCKING PAVER MACHINES

MAINTENANCE, REPAIR TRACKMEN AND

ROAD BEDS

STREETCAR AND RAILROAD CONSTRUCTION

TRACK LABORERS

TEMPORARY AIR AND WATER LINES,

VICTAULIC OR SIMILAR

TOOL ROOM ATTENDANT (JOBSITE ONLY)

TREE REMOVAL

WHEELBARROW, INCLUDING POWER DRIVEN
GROUP 3 (A) -- SEE GROUP 3 RATES

COMPOSITE CREW PERSON (OPERATION OF

VEHICLES, WHEN IN CONJUNCTION WITH
LABORER’S DUTIES)
GROUP 4

ALL FINAL CLEANUP OF DEBRIS, GROUNDS

AND BUILDINGS NEAR THE COMPLETION OF

THE PROJECT INCLUDING BUT NOT LIMITED

TO STREET CLEANERS (NOT APPLICABLE

TO ENGINEERING OR HEAVY HIGHWAY

PROJECTS)

CLEANING AND WASHING WINDOWS (NEW

CONSTRUCTION ONLY), SERVICE

LANDSCAPE LABORERS (SUCH AS

GARDENER, HORTICULTURE, MOWING,

TRIMMING, REPLANTING, WATERING

DURING PLANT ESTABLISHMENT PERIOD)

ON NEW CONSTRUCTION

BRICK CLEANERS (JOB SITE ONLY)

MATERIAL CLEANERS (JOB SITE ONLY)
NOTE: AN ADDITIONAL DETERMINATION FOR

LANDSCAPE MAINTENANCE WORK AFTER

THE PLANT ESTABLISHMENT PERIOD OR

WARRANTY PERIOD IS PUBLISHED IN THE

NORTHERN CALIFORNIA LANDSCAPE
MAINTENANCE LABORER DETERMINATION.

GROUP 6

STRUCTURAL NOZZLEMAN
GROUP 6 (A)

NOZZLEMAN (INCLUDING GUNMAN, POTMAN)
RODMAN

GROUNDMAN
GROUP 6 (B) -- SEE GROUP 4 RATES GUNITE

TRAINEE (ONE GUNITE LABORER SHALL BE
ALLOWED FOR EACH THREE (3)
JOURNEYMAN (GROUP 6, 6A, 6C, OR
GENERAL LABORER) ON A CREW. IN THE

ABSENCE OF THE JOURNEYMAN, THE

GUNITE TRAINEE RECEIVES THE
JOURNEYMAN SCALE.).

NOTE: THIS RATIO APPLIES ONLY TO WORK
ON THE SAME JOB SITE.

GROUP 6 (C)

REBOUNDMAN
GROUP 6 (D)

ALIGNER OF WIRE WINDING MACHINE IN

CONNECTION WITH GUNITING OR SHOT
CRETE
GROUP 6 (E)

ALIGNER HELPER OF WIRE WINDING

MACHINE IN CONNECTION WITH GUNITING

OR SHOT CRETE
GROUP 7

ENTRY LEVEL LANDSCAPE LABORER (RATIO
FOR ENTRY LEVEL IS ONE IN THREE. AT

LEAST ONE SECOND PERIOD ENTRY LEVEL

AND AT LEAST ONE THIRD PERIOD ENTRY

LEVEL MUST BE EMPLOYED BEFORE

EMPLOYING ANOTHER FIRST PERIOD
TRAINEE).

NOTE: THIS RATIO APPLIES ONLY TO WORK

ON THE SAME JOB SITE

Determination: NC-23-102-1-2026-1 and NC-23-102-1-2026-1A

Recognized holidays:

Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.

Travel and/or subsistence payment:

In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.

# Indicates an apprenticeable craft. The current apprentice wage rates are available on the Prevailing Wage Apprentice Determinations
Website (http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp). a GROUP 1(D) - MAINTENANCE OR REPAIR TRACKMEN AND ROAD BEDS AND ALL EMPLOYEES PERFORMING WORK COVERED BY THIS CLASSIFICATION SHALL RECEIVE $0.25

PER HOUR ABOVE THEIR REGULAR RATE FOR ALL WORK PERFORMED ON UNDERGROUND STRUCTURES NOT SPECIFICALLY COVERED HEREIN. THIS SHALL NOT APPLY TO WORK BELOW GROUND LEVEL IN OPEN CUT. THIS SHALL APPLY TO

CUT AND COVER WORK OF SUBWAY
CONSTRUCTION AFTER TEMPORARY COVER HAS BEEN PLACED.

GROUP 1(H) - ALL LABORERS WORKING OFF OR WITH OR FROM BOS’N CHAIRS, SWINGING SCAFFOLDS, BELTS RECEIVE $0.50 PER HOUR ABOVE THEIR APPLICABLE WAGE RATE. THIS SHALL NOT APPLY TO LABORERS ENTITLED TO RECEIVE THE WAGE RATE SET FORTH IN GROUP 1(A).
b ZONE PAY AT THREE DOLLARS ($3.00) PER HOUR, FACTORED AT THE APPLICABLE OVERTIME

MULTIPLE, WILL BE ADDED TO THE BASE RATE FOR WORK PERFORMED OUTSIDE THE FREE ZONE DESCRIBED BY THE BOUNDARIES ALONG TOWNSHIP AND RANGE LINES. PLEASE SEE TRAVEL AND SUBSISTENCE PROVISION FOR MAP DESCRIPTION AND EXCEPTIONS. c WHEN THREE SHIFTS ARE EMPLOYED FOR FIVE (5) OR MORE CONSECUTIVE DAYS, SEVEN AND ONE-HALF (7 ½) CONSECUTIVE HOURS (EXCLUSIVE OF MEAL PERIOD), SHALL CONSTITUTE A DAY OF WORK, FOR WHICH EIGHT (8) TIMES THE STRAIGHT TIME HOURLY RATE SHALL BE PAID AT THE NON-SHIFT WAGE RATE FOR THE SECOND SHIFT. THE THIRD SHIFT SHALL BE SEVEN (7) HOURS OF WORK FOR EIGHT (8) HOURS PAY AT THE NON-SHIFT WAGE RATE. d RATE APPLIES TO THE FIRST 4 DAILY OVERTIME HOURS WORKED ON MONDAY THROUGH FRIDAY AND THE FIRST 12 HOURS WORKED ON SATURDAY; ALL OTHER TIME IS PAID AT THE SUNDAY AND HOLIDAY OVERTIME HOURLY RATE. SATURDAYS IN THE SAME WORK WEEK MAY

BE WORKED AT STRAIGHT-TIME IF JOB IS SHUT DOWN DURING THE NORMAL WORK WEEK DUE

TO INCLEMENT WEATHER, MAJOR MECHANICAL BREAKDOWN OR LACK OF MATERIALS BEYOND THE CONTROL OF THE EMPLOYER.
e GROUP 1(B) RECEIVES AN ADDITIONAL AMOUNT EACH DAY. SEE PAGE 6 FOR DETAILS

PREDETERMINED INCREASE
CRAFT:

Laborer and Related Classifications (All Shifts)
DETERMINATIONS:

NC-23-102-1-2026-1 and NC-23-102-1-2026-1A
LOCALITIES:

All localities within Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo And Yuba Counties.

These predetermined increases apply to the above referenced determination for work being performed on public works projects with bid advertisement dates on or after March 4, 2026, until this determination is superseded by a new determination or a predetermined increase modification notice becomes effective.

When referencing our prevailing wage determinations, please note that if the prevailing wage rate determination which was in effect on the bid advertisement date of a project, has a single asterisk (*) after the expiration date, the rate will be good for the life of the project. However, if a prevailing wage rate determination has double asterisks (**) after the expiration date, the rate must be updated on the following date to reflect the predetermined rate change(s).

LABORER: All Classifications, Areas and All Shifts (Except Group 7, Stage 1-3) Determinations NC-23-102-1-2026-1 and NC-23-102-1-2026-1A are currently in effect and expire on June 28, 2026**.

Effective June 29, 2026, there will be an increase of $2.65 to be allocated to wages and/or employer payments.

There will be no further increases applicable to this determination.

LABORER: Group 7 - Stage 1 (1
st
6 Months)(All Areas)(All Shifts)
Determinations NC-23-102-1-2026-1 and NC-23-102-1-2026-1A are currently in effect and expire on June 28, 2026**.

Effective June 29, 2026, there will be an increase of $1.86 to be allocated to wages and/or employer payments.

There will be no further increases applicable to this determination.

LABORER: Group 7 - Stage 2 (2
nd
6 Months)(All Areas)(All Shifts)
Determinations NC-23-102-1-2026-1 and NC-23-102-1-2026-1A are currently in effect and expire on June 28, 2026**.

Effective June 29, 2026, there will be an increase of $2.12 to be allocated to wages and/or employer payments.

There will be no further increases applicable to this determination.

LABORER: Group 7 - Stage 3 (3
rd
6 Months) (All Areas)(All Shifts)
Determinations NC-23-102-1-2026-1 and NC-23-102-1-2026-1A are currently in effect and expire on June 28, 2026**.

Effective June 29, 2026, there will be an increase of $2.39 to be allocated to wages and/or employer payments.

There will be no further increases applicable to these determinations.

Issued 2/22/2026, Effective 3/4/2026 until superseded.

This page will updated when wage rate breakdown information becomes available.

Last Updated: March 4, 2026

GENERAL PREVAILING WAGE DETERMINATION MADE BY THE

DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1

FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS Craft: OPERATING ENGINEER (BUILDING CONSTRUCTION) # a
Determination:

NC-23-63-1-2026-1A
Issue Date:

February 22, 2026
Expiration date of determination:

June 28, 2026** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now.

Contact the Office of the Director - Research Unit for specific rates at (415) 703-4774.

Locality: All localities within Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Joaquin, Santa Cruz, Shasta, Sierra, Siskiyou, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba Counties.

AREA 1 - Butte, Kings, Merced, Napa, Sacramento, San Benito, San Joaquin, Santa Cruz, Stanislaus, Sutter, Yolo and Yuba counties; and portions of Alpine, Amador, Calaveras, Colusa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Lake, Lassen, Madera, Mariposa, Mendocino, Monterey, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Sonoma, Tehama, Tuolumne and Trinity Counties. (Portions of counties falling in each area detailed in the Operating Engineer (Heavy and Highway Work) determination) Wages and total hourly rates (including employer payments) (Area 1):

Classification
(Journeyperson)
Classification Groupb
Basic
Hourly
Rate
Hoursc
Total
Hourly
Rate
Daily/Saturday
Overtime Hourly
Rate (1½ x)d
Sunday/Holiday
Overtime Hourly
Rate (2 x)
Group 1 $65.54 8 $100.23 $133.00 $165.77
Group 2 $64.09 8 $98.78 $130.83 $162.87
Group 3 $62.69 8 $97.38 $128.73 $160.07
Group 4 $61.36 8 $96.05 $126.73 $157.41
Group 5 $60.15 8 $94.84 $124.92 $154.99
Group 6 $58.88 8 $93.57 $123.01 $152.45
Group 7 $57.79 8 $92.48 $121.38 $150.27
Group 8 $56.71 8 $91.40 $119.76 $148.11
Group 8-A $54.59 8 $89.28 $116.58 $143.87
ALL CRANES & ATTACHMENTS:

Group 1
$67.14 8 $101.83 $135.40 $168.97
Truck Crane Assistant to Engineer $60.48 8 $95.17 $125.41 $155.65 Assistant to Engineer $58.31 8 $93.00 $122.16 $151.31
Group 1-A $66.39 8 $101.08 $134.28 $167.47
Truck Crane Assistant to Engineer $59.73 8 $94.42 $124.29 $154.15 Assistant to Engineer $57.56 8 $92.25 $121.03 $149.81
Group 2-A $64.70 8 $99.39 $131.74 $164.09
Truck Crane Assistant to Engineer $59.49 8 $94.18 $123.93 $153.67 Assistant to Engineer $57.34 8 $92.03 $120.70 $149.37
Determination: NC-23-63-1-2026-1A

Classification
(Journeyperson)
Classification Groupb
Basic
Hourly
Rate
Hoursc
Total
Hourly
Rate
Daily/Saturday
Overtime Hourly
Rate (1½ x)d
Sunday/Holiday
Overtime Hourly
Rate (2 x)
Group 3-A $63.06 8 $97.75 $129.28 $160.81
Truck Crane Assistant to Engineer $59.25 8 $93.94 $123.57 $153.19 Hydraulic $58.88 8 $93.57 $123.01 $152.45
Assistant to Engineer $57.09 8 $91.78 $120.33 $148.87
Group 4-A $60.15 8 $94.84 $124.92 $154.99
AREA 2 - Modoc, and portions of Alpine, Amador, Calaveras, Colusa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Lake, Lassen, Madera, Mariposa, Mendocino, Monterey, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Sonoma, Tehama, Tulare, Tuolumne and Trinity Counties. (Portions of counties falling in each area detailed in the Operating Engineer (Heavy and Highway Work) determination) Wages and total hourly rates (including employer payments) (Area 2):

Classification
(Journeyperson)
Classification Groupb
Basic
Hourly
Rate
Hoursc
Total
Hourly
Rate
Daily/Saturday
Overtime Hourly
Rate (1½ X)d
Sunday/Holiday
Overtime Hourly
Rate (2 x)
Group 1 $67.54 8 $102.23 $136.00 $169.77
Group 2 $66.09 8 $100.78 $133.83 $166.87
Group 3 $64.69 8 $99.38 $131.73 $164.07
Group 4 $63.36 8 $98.05 $129.73 $161.41
Group 5 $62.15 8 $96.84 $127.92 $158.99
Group 6 $60.88 8 $95.57 $126.01 $156.45
Group 7 $59.79 8 $94.48 $124.38 $154.27
Group 8 $58.71 8 $93.40 $122.76 $152.11
Group 8-A $56.59 8 $91.28 $119.58 $147.87
ALL CRANES & ATTACHMENTS:

Group 1 $69.14 8 $103.83 $138.40 $172.97
Truck Crane Assistant to Engineer $62.48 8 $97.17 $128.41 $159.65 Assistant to Engineer $60.31 8 $95.00 $125.16 $155.31
Group 1-A $68.39 8 $103.08 $137.28 $171.47
Truck Crane Assistant to Engineer $61.73 8 $96.42 $127.29 $158.15 Assistant to Engineer $59.56 8 $94.25 $124.03 $153.81
Group 2-A $66.70 8 $101.39 $134.74 $168.09
Truck Crane Assistant to Engineer $61.49 8 $96.18 $126.93 $157.67 Assistant to Engineer $59.34 8 $94.03 $123.70 $153.37
Group 3-A $65.06 8 $99.75 $132.28 $164.81
Truck Crane Assistant to Engineer $61.25 8 $95.94 $126.57 $157.19 Hydraulic $60.88 8 $95.57 $126.01 $156.45
Assistant to Engineer $59.09 8 $93.78 $123.33 $152.87
Group 4-A $62.15 8 $96.84 $127.92 $158.99
Employer Payments:

Type of Fund Amount per Hour
Health and Welfare $13.38
Pension $12.28
Vacation and Holidaye $6.10
Training $1.31
Other $1.62
Determination: NC-23-63-1-2026-1A

GENERAL PREVAILING WAGE DETERMINATION MADE BY THE

DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1

FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS Craft: OPERATING ENGINEER (BUILDING CONSTRUCTION) # a
(SPECIAL SINGLE AND SECOND SHIFT)
Determination:

NC-23-63-1-2026-1A
Issue Date:

February 22, 2026
Expiration date of determination:

June 28, 2026** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now.

Contact the Office of the Director - Research Unit for specific rates at (415) 703-4774.

Locality:

All localities within Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Joaquin, Santa Cruz, Shasta, Sierra, Siskiyou, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba Counties.

AREA 1 - Butte, Kings, Merced, Napa, Sacramento, San Benito, San Joaquin, Santa Cruz, Stanislaus, Sutter, Yolo and Yuba counties; and portions of Alpine, Amador, Calaveras, Colusa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Lake, Lassen, Madera, Mariposa, Mendocino, Monterey, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Sonoma, Tehama, Tuolumne and Trinity Counties. (Portions of counties falling in each area detailed in the Operating Engineer (Heavy and Highway Work) determination) Wages and total hourly rates (including employer payments) (Area 1):

Classification
(Journeyperson)
(Special Single and Second Shift)
Classification Group b
Basic
Hourly
Rate
Hours
Total
Hourly
Rate
Daily/Saturday
Overtime Hourly
Rate (1½ X) d
Sunday/Holiday
Overtime Hourly
Rate (2X)
Group 1 $71.54 8 $106.23 $142.00 $177.77
Group 2 $70.09 8 $104.78 $139.83 $174.87
Group 3 $68.69 8 $103.38 $137.73 $172.07
Group 4 $67.36 8 $102.05 $135.73 $169.41
Group 5 $66.15 8 $100.84 $133.92 $166.99
Group 6 $64.88 8 $99.57 $132.01 $164.45
Group 7 $63.79 8 $98.48 $130.38 $162.27
Group 8 $62.71 8 $97.40 $128.76 $160.11
Group 8-A $60.59 8 $95.28 $125.58 $155.87
ALL CRANES & ATTACHMENTS:

Group 1 $73.14 8 $107.83 $144.40 $180.97
Truck Crane Assistant to Engineer $66.48 8 $101.17 $134.41 $167.65 Assistant to Engineer $64.31 8 $99.00 $131.16 $163.31
Determination: NC-23-63-1-2026-1A

Classification
(Journeyperson)
(Special Single and Second Shift)
Classification Group b
Basic
Hourly
Rate
Hours
Total
Hourly
Rate
Daily/Saturday
Overtime Hourly
Rate (1½ X) d
Sunday/Holiday
Overtime Hourly
Rate (2X)
Group 1-A $72.39 8 $107.08 $143.28 $179.47
Truck Crane Assistant to Engineer $65.73 8 $100.42 $133.29 $166.15 Assistant to Engineer $63.56 8 $98.25 $130.03 $161.81
Group 2-A $70.70 8 $105.39 $140.74 $176.09
Truck Crane Assistant to Engineer $65.49 8 $100.18 $132.93 $165.67 Assistant to Engineer $63.34 8 $98.03 $129.70 $161.37
Group 3-A $69.06 8 $103.75 $138.28 $172.81
Truck Crane Assistant to Engineer $65.25 8 $99.94 $132.57 $165.19 Hydraulic $64.88 8 $99.57 $132.01 $164.45
Assistant to Engineer $63.09 8 $97.78 $129.33 $160.87
Group 4-A $66.15 8 $100.84 $133.92 $166.99
AREA 2 - Modoc, and portions of Alpine, Amador, Calaveras, Colusa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Lake, Lassen, Madera, Mariposa, Mendocino, Monterey, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Sonoma, Tehama, Tulare, Tuolumne and Trinity counties. (Portions of counties falling in each area detailed in the Operating Engineer (Heavy and Highway Work) determination) Wages and total hourly rates (including employer payments) (Area 2):

Classification
(Journeyperson)
(Special Single and Second Shift)
Classification Group b
Basic
Hourly
Rate
Hours
Total
Hourly
Rate
Daily/Saturday
Overtime Hourly
Rate (1½ X) d
Sunday/Holiday
Overtime Hourly
Rate (2X)
Group 1 $73.54 8 $108.23 $145.00 $181.77
Group 2 $72.09 8 $106.78 $142.83 $178.87
Group 3 $70.69 8 $105.38 $140.73 $176.07
Group 4 $69.36 8 $104.05 $138.73 $173.41
Group 5 $68.15 8 $102.84 $136.92 $170.99
Group 6 $66.88 8 $101.57 $135.01 $168.45
Group 7 $65.79 8 $100.48 $133.38 $166.27
Group 8 $64.71 8 $99.40 $131.76 $164.11
Group 8-A $62.59 8 $97.28 $128.58 $159.87
ALL CRANES & ATTACHMENTS:

Group 1
$75.14 8 $109.83 $147.40 $184.97
Truck Crane Assistant to Engineer $68.48 8 $103.17 $137.41 $171.65 Assistant to Engineer $66.31 8 $101.00 $134.16 $167.31
Group 1-A $74.39 8 $109.08 $146.28 $183.47
Truck Crane Assistant to Engineer $67.73 8 $102.42 $136.29 $170.15 Assistant to Engineer $65.56 8 $100.25 $133.03 $165.81
Group 2-A $72.70 8 $107.39 $143.74 $180.09
Truck Crane Assistant to Engineer $67.49 8 $102.18 $135.93 $169.67 Assistant to Engineer $65.34 8 $100.03 $132.70 $165.37
Group 3-A $71.06 8 $105.75 $141.28 $176.81
Truck Crane Assistant to Engineer $67.25 8 $101.94 $135.57 $169.19 Hydraulic $66.88 8 $101.57 $135.01 $168.45
Assistant to Engineer $65.09 8 $99.78 $132.33 $164.87
Group 4-A $68.15 8 $102.84 $136.92 $170.99
Determination: NC-23-63-1-2026-1A

Employer Payments:

Type of Fund Amount per Hour
Health and Welfare $13.38
Pension $12.28
Vacation and Holiday e $6.10
Training $1.31
Other $1.62

Recognized holidays:

Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.

Travel and/or subsistence payment:

I
n accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.
# Indicates an apprenticeable craft. The current apprentice wage rates are available on the Prevailing Wage Apprentice Determinations Website (http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp). a For total base bid project value of less than $3,000,000 only. The Operating Engineer (Heavy and Highway Work) determination is applicable for all work $3,000,000 and above. Where there is a published or advertised estimate of the construction costs of a project, such estimate shall determine the total base bid project value, for the purposes of the three million dollars ($3,000,000) threshold. b For classifications within each group, see Pages 5-7 of the OPERATING ENGINEER (HEAVY AND HIGHWAY WORK).
c When three shifts are employed for five (5) or more consecutive days, seven and one-half (7½) consecutive hours (exclusive of meal period), shall constitute a day of work, for which eight (8) times the straight time hourly rate shall be paid at the non-shift wage rate for the second shift. The third shift shall be seven (7) hours of work for eight (8) hours of pay at the non-shift wage rate. d Saturday in the same work week may be worked at straight-time if a job is shut down during the normal work week due to inclement weather.
e Includes an amount for supplemental dues.

GENERAL PREVAILING WAGE DETERMINATION MADE BY THE

DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1

FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS Craft: OPERATING ENGINEER (HEAVY AND HIGHWAY WORK) #
Determination:

NC-23-63-1-2026-1
Issue Date:

February 22, 2026
Expiration date of determination:

June 28, 2026** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Office of the Director - Research Unit for specific rates at (415) 703-4774.

Locality:

All localities within Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba Counties.

AREA 1 - Alameda, Butte, Contra Costa, Kings, Marin, Merced, Napa, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Solano, Stanislaus, Sutter, Yolo and Yuba Counties; and portions of Alpine, Amador, Calaveras, Colusa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Lake, Lassen, Madera, Mariposa, Mendocino, Monterey, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Sonoma, Tehama, Tulare, Tuolumne and Trinity Counties. (Portions of counties falling in each area detailed below)
Wages and total hourly rates (including employer payments) (Area 1):

Classification
(Journeyperson)
Classification Group a
Basic
Hourly
Rate
Hoursb
Total
Hourly
Rate
Daily/Saturday
Overtime Hourly
Rate (1½ X) c
Sunday/Holiday
Overtime Hourly
Rate (2X)
Group 1 $66.96 8 $101.65 $135.13 $168.61
Group 2 $65.43 8 $100.12 $132.84 $165.55
Group 3 $63.95 8 $98.64 $130.62 $162.59
Group 4 $62.57 8 $97.26 $128.55 $159.83
Group 5 $61.30 8 $95.99 $126.64 $157.29
Group 6 $59.98 8 $94.67 $124.66 $154.65
Group 7 $58.84 8 $93.53 $122.95 $152.37
Group 8 $57.70 8 $92.39 $121.24 $150.09
Group 8-A $55.49 8 $90.18 $117.93 $145.67
ALL CRANES & ATTACHMENTS:

Group 1 $68.59
8 $103.28 $137.58 $171.87
Truck Crane Assistant to Engineer $61.62 8 $96.31 $127.12 $157.93 Assistant to Engineer $59.33 8 $94.02 $123.69 $153.35
Group 1-A $67.84 8 $102.53 $136.45 $170.37
Truck Crane Assistant to Engineer $60.87 8 $95.56 $126.00 $156.43 Assistant to Engineer $58.58 8 $93.27 $122.56 $151.85
Group 2-A $66.08 8 $100.77 $133.81 $166.85
Truck Crane Assistant to Engineer $60.61 8 $95.30 $125.61 $155.91 Determination: NC-23-63-1-2026-1

Classification
(Journeyperson)
Classification Group a
Basic
Hourly
Rate
Hoursb
Total
Hourly
Rate
Daily/Saturday
Overtime Hourly
Rate (1½ X) c
Sunday/Holiday
Overtime Hourly
Rate (2X)
Assistant to Engineer $58.37 8 $93.06 $122.25 $151.43
Group 3-A $64.34 8 $99.03 $131.20 $163.37
Truck Crane Assistant to Engineer $60.37 8 $95.06 $125.25 $155.43 Hydraulic $59.98 8 $94.67 $124.66 $154.65
Assistant to Engineer $58.09 8 $92.78 $121.83 $150.87
Group 4-A $61.30 8 $95.99 $126.64 $157.29
AREA 2 - Modoc, and portions of Alpine, Amador, Calaveras, Colusa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Lake, Lassen, Madera, Mariposa, Mendocino, Monterey, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Sonoma, Tehama, Tulare, Tuolumne and Trinity Counties. (Portions of counties falling in each area detailed below)
Wages and total hourly rates (including employer payments) (Area 2):

Classification
(Journeyperson)
Classification Group a
Basic
Hourly
Rate
Hoursb
Total
Hourly
Rate
Daily/Saturday
Overtime Hourly
Rate (1½ X) c
Sunday/Holiday
Overtime Hourly
Rate (2X)
Group 1 $68.96 8 $103.65 $138.13 $172.61
Group 2 $67.43 8 $102.12 $135.84 $169.55
Group 3 $65.95 8 $100.64 $133.62 $166.59
Group 4 $64.57 8 $99.26 $131.55 $163.83
Group 5 $63.30 8 $97.99 $129.64 $161.29
Group 6 $61.98 8 $96.67 $127.66 $158.65
Group 7 $60.84 8 $95.53 $125.95 $156.37
Group 8 $59.70 8 $94.39 $124.24 $154.09
Group 8-A $57.49 8 $92.18 $120.93 $149.67
ALL CRANES & ATTACHMENTS:

Group 1 $70.59
8 $105.28 $140.58 $175.87
Truck Crane Assistant to Engineer $63.62 8 $98.31 $130.12 $161.93 Assistant to Engineer $61.33 8 $96.02 $126.69 $157.35
Group 1-A $69.84 8 $104.53 $139.45 $174.37
Truck Crane Assistant to Engineer $62.87 8 $97.56 $129.00 $160.43 Assistant to Engineer $60.58 8 $95.27 $125.56 $155.85
Group 2-A $68.08 8 $102.77 $136.81 $170.85
Truck Crane Assistant to Engineer $62.61 8 $97.30 $128.61 $159.91 Assistant to Engineer $60.37 8 $95.06 $125.25 $155.43
Group 3-A $66.34 8 $101.03 $134.20 $167.37
Truck Crane Assistant to Engineer $62.37 8 $97.06 $128.25 $159.43 Hydraulic $61.98 8 $96.67 $127.66 $158.65
Assistant to Engineer $60.09 8 $94.78 $124.83 $154.87
Group 4-A $63.30 8 $97.99 $129.64 $161.29
Employer Payments:

Type of Fund Amount per Hour
Health and Welfare $13.38
Pension $12.28
Vacation and Holidayd $6.10
Training $1.31
Other $1.62

Determination: NC-23-63-1-2026-1

GENERAL PREVAILING WAGE DETERMINATION MADE BY THE

DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1

FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS Craft: OPERATING ENGINEER (HEAVY AND HIGHWAY WORK) #
(SPECIAL SINGLE AND SECOND SHIFT)
Determination:

NC-23-63-1-2026-1
Issue Date:

February 22, 2026
Expiration date of determination:

June 28, 2026** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Office of the Director - Research Unit for specific rates at (415) 703-4774.

Locality:

All localities within Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba Counties.

AREA 1 - Alameda, Butte, Contra Costa, Kings, Marin, Merced, Napa, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Solano, Stanislaus, Sutter, Yolo and Yuba Counties; and portions of Alpine, Amador, Calaveras, Colusa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Lake, Lassen, Madera, Mariposa, Mendocino, Monterey, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Sonoma, Tehama, Tulare, Tuolumne and Trinity Counties. (Portions of counties falling in each area detailed below)
Wages and total hourly rates (including employer payments) (Area 1):

Classification
(Journeyperson)
(Special Single and Second Shift)
Classification Group a
Basic
Hourly
Rate
Hours
Total
Hourly
Rate
Daily/Saturday
Overtime Hourly
Rate (1 ½ X) c
Sunday/Holiday
Overtime Hourly
Rate (2X)
Group 1 $72.96 8 $107.65 $144.13 $180.61
Group 2 $71.43 8 $106.12 $141.84 $177.55
Group 3 $69.95 8 $104.64 $139.62 $174.59
Group 4 $68.57 8 $103.26 $137.55 $171.83
Group 5 $67.30 8 $101.99 $135.64 $169.29
Group 6 $65.98 8 $100.67 $133.66 $166.65
Group 7 $64.84 8 $99.53 $131.95 $164.37
Group 8 $63.70 8 $98.39 $130.24 $162.09
Group 8-A $61.49 8 $96.18 $126.93 $157.67
ALL CRANES & ATTACHMENTS:

Group 1 $74.59
8 $109.28 $146.58 $183.87
Truck Crane Assistant to Engineer $67.62 8 $102.31 $136.12 $169.93 Assistant to Engineer $65.33 8 $100.02 $132.69 $165.35
Group 1-A $73.84 8 $108.53 $145.45 $182.37
Determination: NC-23-63-1-2026-1

Classification
(Journeyperson)
(Special Single and Second Shift)
Classification Group a
Basic
Hourly
Rate
Hours
Total
Hourly
Rate
Daily/Saturday
Overtime Hourly
Rate (1 ½ X) c
Sunday/Holiday
Overtime Hourly
Rate (2X)
Truck Crane Assistant to Engineer $66.87 8 $101.56 $135.00 $168.43 Assistant to Engineer $64.58 8 $99.27 $131.56 $163.85
Group 2-A $72.08 8 $106.77 $142.81 $178.85
Truck Crane Assistant to Engineer $66.61 8 $101.30 $134.61 $167.91 Assistant to Engineer $64.37 8 $99.06 $131.25 $163.43
Group 3-A $70.34 8 $105.03 $140.20 $175.37
Truck Crane Assistant to Engineer $66.37 8 $101.06 $134.25 $167.43 Hydraulic $65.98 8 $100.67 $133.66 $166.65
Assistant to Engineer $64.09 8 $98.78 $130.83 $162.87
Group 4-A $67.30 8 $101.99 $135.64 $169.29
AREA 2 - Modoc, and portions of Alpine, Amador, Calaveras, Colusa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Lake, Lassen, Madera, Mariposa, Mendocino, Monterey, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Sonoma, Tehama, Tulare, Tuolumne and Trinity Counties. (Portions of counties falling in each area detailed below)
Wages and total hourly rates (including employer payments) (Area 2):

Classification
(Journeyperson)
(Special Single and Second Shift)
Classification Group a
Basic
Hourly
Rate
Hours
Total
Hourly
Rate
Daily/Saturday
Overtime Hourly
Rate (1½ X) c
Sunday/Holiday
Overtime Hourly
Rate (2X)
Group 1 $74.96 8 $109.65 $147.13 $184.61
Group 2 $73.43 8 $108.12 $144.84 $181.55
Group 3 $71.95 8 $106.64 $142.62 $178.59
Group 4 $70.57 8 $105.26 $140.55 $175.83
Group 5 $69.30 8 $103.99 $138.64 $173.29
Group 6 $67.98 8 $102.67 $136.66 $170.65
Group 7 $66.84 8 $101.53 $134.95 $168.37
Group 8 $65.70 8 $100.39 $133.24 $166.09
Group 8-A $63.49 8 $98.18 $129.93 $161.67
ALL CRANES & ATTACHMENTS:

Group 1 $76.59
8 $111.28 $149.58 $187.87
Truck Crane Assistant to Engineer $69.62 8 $104.31 $139.12 $173.93 Assistant to Engineer $67.33 8 $102.02 $135.69 $169.35
Group 1-A $75.84 8 $110.53 $148.45 $186.37
Truck Crane Assistant to Engineer $68.87 8 $103.56 $138.00 $172.43 Assistant to Engineer $66.58 8 $101.27 $134.56 $167.85
Group 2-A $74.08 8 $108.77 $145.81 $182.85
Truck Crane Assistant to Engineer $68.61 8 $103.30 $137.61 $171.91 Assistant to Engineer $66.37 8 $101.06 $134.25 $167.43
Group 3-A $72.34 8 $107.03 $143.20 $179.37
Truck Crane Assistant to Engineer $68.37 8 $103.06 $137.25 $171.43 Hydraulic $67.98 8 $102.67 $136.66 $170.65
Assistant to Engineer $66.09 8 $100.78 $133.83 $166.87
Group 4-A $69.30 8 $103.99 $138.64 $173.29
Determination: NC-23-63-1-2026-1

Employer Payments:

Type of Fund Amount per Hour
Health and Welfare $13.38
Pension $12.28
Vacation and Holidayd $6.10
Training $1.31
Other $1.62

CLASSIFICATIONS
GROUP 1
Drill Equipment, over 200,000 lbs
Operator of Helicopter (when used in erection work)
Hydraulic Excavator 7 cu yds and over
Power Shovels, over 7 cu yds
GROUP 2
Highline Cableway
Hydraulic Excavator 3 1/2 cu yds up to 7 cu yds
Licensed Construction Work Boat Operator, On Site
Microtunneling Machine
Power Blade Operator (finish)
Power Shovels, (over 1 cu yd and up to and including
7 cu yds m.r.c.)
GROUP 3
Asphalt Milling Machine
Cable Backhoe
Combination Backhoe and Loader over ¾ cu yds
Continuous Flight Tie Back Machine
Crane Mounted Continuous Flight Tie Back Machine,
tonnage to apply
Crane Mounted Drill Attachments, Tonnage to apply
Dozer, Slope Board
Drill Equipment, over 100,000 lbs up to and including
200,000 lbs
Gradall
Hydraulic Excavator up to 3 1/2 cu yds
Loader 4 cu yds and over
Long Reach Excavator
Multiple Engine Scrapers (when used as push pull)
Power Shovels, up to and including 1 cu yd
Pre-Stress Wire Wrapping machine
Side Boom Cat, 572 or larger
Track Loader 4 cu yds and over
Tree removal, site clearing and grubbing equipment
as follows: Self-Loading Skidder, Forwarder, Heel
Boom, Albach (tree removal/site clearing and
grubbing), Feller Buncher, Processor, Harvester,
Timber Handler - Sennebogen or similar (tree
removal/site clearing and grubbing), Log Yoder,
Track-Mounted Grinders/Chippers, Stroke Delimber,
Knuckle Boom (not inclusive of grapple hook
trucks).

Wheel Excavator (up to and including 750 cu yds per
hour)
GROUP 4
Asphalt Plant Engineer/Boxman
Chicago Boom
Combination Backhoe and Loader up to and including
¾ cu yds
Concrete Batch Plants (wet or dry)
Dozer and/or Push Cat
Drill Equipment, over 50,000 lbs up to and including
100,000 lbs
Pull-Type Elevating Loader
Gradesetter, Grade Checker (GPS, mechanical or
otherwise)
Grooving and Grinding Machine
Heading Shield Operator
Heavy Duty Drilling Equipment, Hughes, LDH,
Watson 3000 or similar
Heavy Duty Repairman and/or Welder
Lime Spreader
Loader under 4 cu yds
Lubrication and Service Engineer (mobile and grease
rack)
Mechanical Finishers or Spreader Machine (asphalt,
Barber-Greene and similar)
Miller Formless M-9000 Slope Paver or similar
Portable Crushing and Screening plants
Power Blade Support
Roller Operator, Asphalt
Rubber-Tired Scraper, Self-Loading (paddle-wheels,
etc)
Rubber-Tired Earthmoving Equipment (Scrapers)
Slip Form Paver (concrete)
Small Tractor with Drag
Soil Stabilizer (P&H or equal)
Spider Plow and Spider Puller
Timber Skidder
Track Loader up to 4 yards
Tractor Drawn Scraper
Tractor, Compressor Drill Combination
Tubex Pile Rig
Determination: NC-23-63-1-2026-1

Unlicensed Construction Work Boat Operator, On Site
Welder
Woods-Mixer (and other similar Pugmill equipment)
GROUP 5
Cast-In Place Pipe Laying Machine
Combination Slusher and Motor Operator
Concrete Conveyor or Concrete Pump, Truck or
Equipment Mounted
Concrete Conveyor, Building Site
Concrete Pump or Pumpcrete Guns
Drilling Equipment, Watson 2000, Texoma 700 or
similar
Drilling and Boring Machinery, Horizontal (not to apply to waterliners, wagon drills or jackhammers)
Concrete Mixers/all
Man and/or Material Hoist
Mechanical Finishers (concrete) (Clary, Johnson,
Bidwell Bridge Deck or similar types)
Mechanical Burm, Curb and/or Curb and Gutter
Machine, Concrete or Asphalt
Mine or Shaft Hoist
Portable Crushers
Power Jumbo Operator (setting slip-forms, etc., in
tunnels)
Screedman (automatic or manual)
Self Propelled Compactor with Dozer
Tractor with boom, D6 or smaller
Trenching Machine, maximum digging capacity over 5
ft. depth
Vermeer T-600B Rock Cutter or similar
GROUP 6
Armor-Coater (or similar)
Ballast Jack Tamper
Boom-Type Backfilling Machine
Asst. Plant Engineer
Bridge and/or Gantry Crane
Chemical Grouting Machine, truck mounted
Chip Spreading Machine Operator
Concrete Barrier Moving Machine
Concrete Saws (self-propelled unit on streets,
highways, airports, and canals)
Deck Engineer
Drill Doctor
Drill Equipment, over 25,000 lbs up to and including
50,000 lbs
Drilling Equipment Texoma 600, Hughes 200 series
or similar up to and including 30 ft. m.r.c.

Helicopter Radioman
Hydro-Hammer or similar
Line Master
Skidsteer Loader, Bobcat larger than 743 series or
similar (with attachments)
Locomotive
Rotating Extendable Forklift, Lull Hi-Lift or similar
Assistant to Engineer, Truck Mounted Equipment
Pavement Breaker, Truck Mounted, with compressor
combination
Paving Fabric Installation and/or Laying Machine
Pipe Bending Machine (pipelines only)
Pipe Wrapping Machine (Tractor propelled and
supported)
Screedman, (except asphaltic concrete paving)
Self-Loading Chipper
Self Propelled Pipeline Wrapping Machine
Tractor
GROUP 7
Ballast Regulator
Cary Lift or similar
Combination Slurry Mixer and/or Cleaner
Coolant/Slurry Tanker Operator (hooked to
Grooving/Grinding Machine)
Drilling Equipment, 20 ft and under m.r.c.

Drill Equipment, over 1,000 lbs up to and including
25,000 lbs
Fireman Hot Plant
Grouting Machine Operator
Highline Cableway Signalman
Stationary Belt Loader (Kolman or similar)
Lift Slab Machine (Vagtborg and similar types)
Maginnes Internal Full Slab Vibrator
Material Hoist (1 Drum)
Mechanical Trench Shield
Partsman (heavy duty repair shop parts room)
Pavement Breaker with or without Compressor
Combination
Pipe Cleaning Machine (tractor propelled and
supported)
Post Driver
Roller (except Asphalt), Chip Seal
Self Propelled Automatically Applied Concrete Curing
Machine (on streets, highways, airports and canals)
Self Propelled Compactor (without dozer)
Signalman
Slip-Form Pumps (lifting device for concrete forms)
Super Sucker Vacuum Truck
Tie Spacer
Trenching Machine (maximum digging capacity up to
and including 5 ft depth)
Truck Type Loader
GROUP 8
Bit Sharpener
Boiler Tender
Box Operator
Brakeman
Determination: NC-23-63-1-2026-1

Combination Mixer and Compressor
(shotcrete/gunite)
Compressor Operator
Deckhand
Fireman
Generators
Gunite/Shotcrete Equipment Operator
Heavy Duty Repairman Helper
Hydraulic Monitor
Ken Seal Machine (or similar)
Mast Type Forklift
Mixermobile
Assistant to Engineer
Pump Operator
Refrigerator Plant
Reservoir-Debris Tug (Self-Propelled Floating)
Ross Carrier (Construction site)
Rotomist Operator
Self Propelled Tape Machine
Shuttlecar
Self Propelled Power Sweeper Operator (Includes
Vacuum Sweeper)
Slusher Operator
Surface Heater
Switchman
Tar Pot Fireman
Tugger Hoist, Single Drum
Vacuum Cooling Plant
Welding Machine (powered other than by electricity)
GROUP 8-A
Articulated Dump Truck Operator
Elevator Operator
Mini Excavator under 25 H.P. (Backhoe-Trencher)
Skidsteer Loader, Bobcat 743 series or Smaller and
similar (without attachments)
ALL CRANES AND ATTACHMENTS:

GROUP 1
Cranes over 250 tons
Derrick over 250 tons
Self Propelled Boom Type Lifting Device over 250
tons
GROUP 1-A
Clamshells and Draglines over 7 cu yds
Cranes over 100 tons
Derrick, over 100 tons
Derrick Barge Pedestal mounted over 100 tons
Self Propelled Boom Type Lifting Device Over 100
tons
Tower Cranes
GROUP 2-A
Clamshells and Draglines over 1 cu yds up to and
including 7 cu yds
Cranes over 45 tons up to and including 100 tons
Derrick Barge 100 tons and under
Rotating Tele Handler, Magni and similar, over 45
tons
Mobile Self-Erecting Tower Crane (Potain) over 3
stories
Self Propelled Boom Type Lifting Device over 45 tons
GROUP 3-A
Clamshells and Draglines up to and including 1 cu yd
Cranes 45 tons and under
Rotating Tele Handler, Magni and similar, 45 tons and
under
Mobile Self-Erecting Tower Crane (Potain), 3 stories
and under
Self Propelled Boom Type Lifting Device 45 tons and
under
GROUP 4-A
Boom Truck or dual-purpose A-Frame Truck, Non-
Rotating over 15 tons.

Truck Mounted Rotating Telescopic Boom Type
Lifting Device, Manitex or similar (Boom Truck -over
15 tons)
Truck-Mounted Rotating Telescopic Boom Type
Lifting Device, Manitex or Similar (Boom Truck),
under 15 tons
DESCRIPTIONS FOR AREAS 1 AND 2:

Area 1 is all of Northern California within the following Township, State and/or county Boundaries:

Commencing in the Pacific Ocean on the extension of the Southerly line of Township 19S, of the Mount Diablo Base and Meridian,
Thence Easterly along the Southerly line of Township 19S, to the Northwest corner of Township 20S, Range 6E,
Thence Southerly to the Southwest corner of Township 20S, Range 6E, Thence Easterly to the Northwest corner of Township 21S, Range 7E Thence Southerly to the Southwest corner of Township 21S, Range 7E Thence Easterly to the Northwest corner of Township 22S, Range 9E, Determination: NC-23-63-1-2026-1

Thence Southerly to the Southwest corner of Township 22S, Range 9E, Thence Easterly to the Northwest corner of Township 23S, Range 10E, Thence Southerly to the Southwest corner of Township 24S, Range 10E, Thence Easterly to the Southwest corner of Township 24S, Range 31E, Thence Northerly to the Northeast corner of Township 20S, Range 31E, Thence Westerly to the Southeast corner of Township 19S, Range 29E, Thence Northerly to the Northeast corner of Township 17S, Range 29E, Thence Westerly to the Southeast corner of Township 16S, Range 28E, Thence Northerly to the Northeast corner of Township 13S, Range 28E, Thence Westerly to the Southeast corner of Township 12S, Range 27E, Thence Northerly to the Northeast corner of Township 12S, Range 27E, Thence Westerly to the Southeast corner of Township 11S, Range 26E, Thence Northerly to the Northeast corner of Township 11S, Range 26E, Thence Westerly to the Southeast corner of Township 10S, Range 25E, Thence Northerly to the Northeast corner of Township 9S, Range 25E, Thence Westerly to the Southeast corner of Township 8S, Range 24E, Thence Northerly to the Northeast corner of Township 8S, Range 24E, Thence Westerly to the Southeast corner of Township 7S, Range 23E, Thence Northerly to the Northeast corner of Township 6S, Range 23E, Thence Westerly to the Southeast corner of Township 5S, Range 20E, Thence Northerly to the Northeast corner of Township 5S, Range 20E, Thence Westerly to the Southeast corner of Township 4S, Range 19E, Thence Northerly to the Northeast corner of Township 1S, Range 19E, Thence Westerly to the Southeast corner of Township 1N, Range 18E, Thence Northerly to the Northeast corner of Township 3N, Range 18E, Thence Westerly to the Southeast corner of Township 4N, Range 17E, Thence Northerly to the Northeast corner of Township 4N, Range 17E, Thence Westerly to the Southeast corner of Township 5N, Range 15E, Thence Northerly to the Northeast corner of Township 5N, Range 15E, Thence Westerly to the Southeast corner of Township 6N, Range 14E, Thence Northerly to the Northeast corner of Township 10N, Range 14E, Thence Easterly along the Southern line of Township 11N, to the California/Nevada State Border, Thence Northerly along the California/Nevada State Border to the Northerly line of Township 17N, Thence Westerly to the Southeast corner of Township 18N, Range 10E, Thence Northerly to the Northeast corner of Township 20N, Range 10E, Thence Westerly to the Southeast corner of Township 21N, Range 9E, Thence Northerly to the Northeast corner of Township 21N, Range 9E, Thence Westerly to the Southeast corner of Township 22N, Range 8E, Thence Northerly to the Northeast corner of Township 22N, Range 8E, Thence Westerly to the Northwest corner of Township 22N, Range 8E, Thence Northerly to the Southwest corner of Township 27N, Range 8E, Thence Easterly to the Southeast corner of Township 27N, Range 8E, Thence Northerly to the Northeast corner of Township 28N, Range 8E, Thence Westerly to the Southeast corner of Township 29N, Range 6E, Thence Northerly to the Northeast corner of Township 32N, Range 6E, Thence Westerly to the Northwest corner of Township 32N, Range 6E, Thence Northerly to the Northeast corner of Township 35N, Range 5E, Thence Westerly to the Southeast corner of Township 36N, Range 3E, Thence Northerly to the Northeast corner of township 36N, Range 3E, Thence Westerly to the Southeast corner of Township 37N, Range 1W, Thence Northerly to the Northeast corner of Township 38N, Range 1W, Thence Westerly to the Southeast corner of Township 39N, Range 2W, Determination: NC-23-63-1-2026-1

Thence Northerly to the Northeast corner of Township 40N, Range 2W, Thence Westerly to the Southeast corner of Township 41N, Range 4W, Thence Northerly to the Northeast corner of Township 42N, Range 4W, Thence Westerly to the Southeast corner of Township 43N, Range 5W, Thence Northerly to the California/Oregon State Border, Thence Westerly along the California/Oregon State Border to the Westerly Boundary of Township Range 8W, Thence Southerly to the Southwest corner of Township 43N, Range 8W, Thence Easterly to the Southeast corner of Township 43N, Range 8W, Thence Southerly to the Southwest corner of Township 42N, Range 7W, Thence Easterly to the Southeast corner of Township 42N, Range 7W, Thence Southerly to the Southwest corner of Township 41N, Range 6W, Thence Easterly to the Northwest corner of Township 40N, Range 5W, Thence Southerly to the Southwest corner of Township 38N, Range 5W, Thence Westerly to the Northwest corner of Township 37N, Range 6W, Thence Southerly to the Southwest corner of Township 35N, Range 6W, Thence Westerly to the Northwest corner of Township 34N, Range 10W, Thence Southerly to the Southwest corner of Township 31N, Range 10W, Thence Easterly to the Northwest corner of Township 30N, Range 9W, Thence Southerly to the Southwest corner of Township 30N, Range 9W, Thence Easterly to the Northwest corner of Township 29N, Range 8W, Thence Southerly to the Southwest corner of Township 23N, Range 8W, Thence Easterly to the Northwest corner of Township 22N, Range 6W, Thence Southerly to the Southwest corner of Township 16N, Range 6W, Thence Westerly to the Southeast corner of Township 16N, Range 9W, Thence Northerly to the Northeast corner of Township 16N, Range 9W, Thence Westerly to the Southeast corner of Township 17N, Range 12W, Thence Northerly to the Northeast corner of Township 18N, Range 12W, Thence Westerly to the Northwest corner of Township 18N, Range 15W, Thence Southerly to the Southwest corner of Township 14N, Range 15W, Thence Easterly to the Northwest corner of Township 13N, Range 14W, Thence Southerly to the Southwest corner of Township 13N, Range 14W, Thence Easterly to the Northwest corner of Township 12N, Range 13W, Thence Southerly to the Southwest corner of Township 12N, Range 13W, Thence Easterly to the Northwest corner of Township 11N, Range 12W, Thence Southerly into the Pacific Ocean and Commencing in the Pacific Ocean on the extension of the Humboldt Base Line,
Thence Easterly to the Northwest corner of Township 1S, Range 2E, Thence Southerly to the Southwest corner of Township 2S, Range 2E, Thence Easterly to the Northwest corner of Township 3S, Range 3E, Thence Southerly to the Southwest corner of Township 5S, Range 3E, Thence Easterly to the Southeast corner of Township 5S, Range 4E, Thence Northerly to the Northeast corner of Township 4S, Range 4E, Thence Westerly to the Southeast corner of Township 3S, Range 3E, Thence Northerly to the Northeast corner of Township 5N, Range 3E, Thence Easterly to the Southeast corner of Township 6N, Range 5E, Thence Northerly to the Northeast corner of Township 7N, Range 5E, Thence Westerly to the Southeast corner of Township 8N, Range 3E, Thence Northerly to the Northeast corner of Township 9N, Range 3E, Thence Westerly to the Southeast corner of Township 10N, Range 1E, Thence Northerly to the Northeast corner of Township 13N, Range 1E, Thence Westerly into the Pacific Ocean, excluding that portion of Northern California contained within the following lines:

Determination: NC-23-63-1-2026-1

Commencing at the Southwest corner of Township 12N, Range 11E, of the Mount Diablo Base and Meridian, Thence Easterly to the Southeast corner of Township 12N, Range 16E, Thence Northerly to the Northeast corner of Township 12N, Range 16E, Thence Westerly to the Southeast corner of Township 13N, Range 15E, Thence Northerly to the Northeast corner of Township 13N, Range 15E, Thence Westerly to the Southeast corner of Township 14N, Range 14E, Thence Northerly to the Northeast corner of Township 16N, Range 14E, Thence Westerly to the Northwest corner of Township 16N, Range 12E, Thence Southerly to the Southwest corner of Township 16N, Range 12E, Thence Westerly to the Northwest corner of Township 15N, Range 11E, Thence Southerly to the point of beginning at the Southwest corner of Township 12N, Range 11E, Area 2 shall be all areas not part of Area 1 described above.

Recognized holidays:

Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.

Travel and/or subsistence payment:

In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.

# Indicates an apprenticeable craft. The current apprentice wage rates are available on the Prevailing Wage Apprentice Determinations Website (http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp). a For classifications within each group, see Pages 5 – 7. b When three shifts are employed for five (5) or more consecutive days, seven and one-half (7½) consecutive hours (exclusive of meal period), shall constitute a day of work, for which eight (8) times the straight time hourly rate shall be paid at the non-shift wage rate for the second shift. The third shift shall be seven (7) hours of work for eight (8) hours of pay at the non-shift wage rate. c Saturday in the same work week may be worked at straight-time if a job is shut down during the normal work week due to inclement weather.
d Includes an amount for supplemental dues.

PREDETERMINED INCREASE
CRAFTS/CLASSIFICATIONS:

Operating Engineer (Heavy & Highway Work) (NC-23-63-1-2026-1) Operating Engineer (Building Construction) (NC-23-63-1-2026-1A) Pile Driver (Operating Engineer – Heavy & Highway Work) (NC-23-63-1-2026-1B) Pile Driver (Operating Engineer – Building Construction) (NC-23-63-1-2026-1B1) Tunnel/Underground (Operating Engineer – Heavy and Highway Work) (NC-23-63-1- 2026-1C)
Steel Erector and Fabricator (Operating Engineer – Heavy & Highway Work) (NC-23- 63-1-2026-1D)
Steel Erector and Fabricator (Operating Engineer – Building Construction) (NC-23-63-1- 2026-1D1)
LOCALITIES:

All localities within Alameda1, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa1, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin1, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco1, San Joaquin, San Mateo1, Santa Clara1, Santa Cruz, Shasta, Sierra, Siskiyou, Solano1, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba Counties.

This predetermined increase(s) for the above-named craft(s) applies only to the current determination for work being performed on public works projects with bid advertisement dates on or after March 4, 2026, until the determination(s) is/are superseded by a new determination or a predetermined increase modification notice becomes effective.

When referencing our prevailing wage determinations, please note that if the prevailing wage rate determination which was in effect on the bid advertisement date of a project, has a single asterisk (*) after the expiration date, the rate will be good for the life of the project. However, if a prevailing wage rate determination has double asterisks (**) after the expiration date, the rate must be updated on the following date to reflect the predetermined rate change(s).

OPERATING ENGINEER: All Classifications (Areas 1 & 2) (Shift 1) The above Determinations are currently in effect and expire on June 28, 2026**.

Effective June 29, 2026, there will be an increase of $5.01 allocated as follows: $3.41 to the Basic Hourly Rate, $1.00 to Pension, $0.50 to Health & Welfare, $0.09 to Vacation & Holiday, and $0.01 to Other.

Effective June 28, 2027, there will be an increase of $4.01 to be allocated as follows:
$4.00 to be allocated to wages and/or employer payments, and $0.01 to Other.

Effective June 26, 2028, there will be an increase of $4.01 to be allocated as follows:
$4.00 to be allocated to wages and/or employer payments, and $0.01 to Other.

There will be no further increases applicable to these determinations.

OPERATING ENGINEER: All Classifications (Areas 1 & 2) (Special Single and Second Shift)
The above Determinations are currently in effect and expire on June 28, 2026**.

Effective June 29, 2026, there will be an increase of $6.01 allocated as follows: $4.41 to the Basic Hourly Rate, $1.00 to Pension, $0.50 to Health & Welfare, $0.09 to Vacation & Holiday, and $0.01 to Other.

Effective June 28, 2027, there will be an increase of $4.01 to be allocated as follows:
$4.00 to be allocated to wages and/or employer payments, and $0.01 to Other.

Effective June 26, 2028, there will be an increase of $4.01 to be allocated as follows:
$4.00 to be allocated to wages and/or employer payments, and $0.01 to Other.

There will be no further increases applicable to these determinations.

1 County not covered by Operating Engineer (Building Construction), Steel Erector and Fabricator (Operating Engineer – Building Construction), and Pile Driver (Operating Engineer – Building Construction).

Issued 2/22/2026 Effective 3/4/2026 until superseded.

This page will be updated when wage rate breakdown information becomes available.

Last Updated: March 4, 2026
GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS LOCALITY: TULARE COUNTY
DETERMINATION: TUL-2026-1

CRAFT CLASSIFICATION CRAFT

FOOTNOTE
ISSUE
DATE

EXPIRATION
DATE
BASIC
HOURLY
RATE
BASIC
HOURLY
RATE

FOOTNOTE
HEALTH
AND

WELFARE
HEALTH
AND

WELFARE

FOOTNOTE

PENSION PENSION

FOOTNOTE

VACATION/

HOLIDAY

VACATION/

HOLIDAY

FOOTNOTE

TRAINING TRAINING

FOOTNOTE
OTHER

PAYMENTS
OTHER

PAYMENTS

FOOTNOTE

HOURS HOURS

FOOTNOTE

STRAIGHT-
TIME
TOTAL
HOURLY
RATE
DAILY

OVERTIME
HOURLY
RATE
DAILY

OVERTIME
HOURLY
RATE

FOOTNOTE

SATURDAY

OVERTIME
HOURLY
RATE

SATURDAY

OVERTIME
HOURLY
RATE

FOOTNOTE
SUNDAY
AND

HOLIDAY

OVERTIME
HOURLY
RATE
SUNDAY
AND

HOLIDAY

OVERTIME
HOURLY
RATE

FOOTNOTE

HOLIDAY

PROVISIONS

SCOPE OF
WORK

PROVISIONS

TRAVEL &

SUBSISTENCE

PROVISIONS
#BRICKLAYER:

BRICKLAYER,
CEMENT

BLOCKLAYER,

POINTER, CAULKER,

CLEANER
02/22/2026 04/30/2026
** $52.580 A $9.500 $9.980 $0.000 $1.750 B $1.050 8.0 C $74.860 $98.820 D $98.820 D $122.780 Holidays Scope of Work
Travel &
Subsistence
#BRICKLAYER: STONEMASON,
MARBLE MASON 02/22/2026 04/30/2026** $52.580 A $9.500 $9.980 $0.000 $1.750 B $0.650 8.0 C $74.460 $98.420 D $98.420 D $122.380 Holidays Scope of Work
Travel &
Subsistence
#BRICKLAYER: MASON FINISHER 02/22/2026 04/30/2026** $47.320 A $9.250 $9.830 $0.000 $1.180 B $0.650 8.0 C $68.230 $89.790 D $89.790 D $111.350 Holidays Scope of Work
Travel &
Subsistence
BRICK TENDER 02/22/2026 03/31/2026* $16.900 & $6.840 $10.130 $0.000 $0.410 $0.000 8.0 $34.280 $42.730 $42.730 $42.730 Holidays Scope of Work
Travel &
Subsistence
#CARPET,

LINOLEUM,

RESILIENT
TILE LAYER 02/22/2026 12/31/2026** $44.350 E $12.250 $14.180 $0.000 $0.770 $0.330 8.0 $71.880 $92.110 F $92.110 F $112.350 G Holidays Scope of Work
Travel &
Subsistence
#ELECTRICIAN: COMM & SYSTEM
INSTALLER 02/22/2026 11/30/2026** $46.600 H $17.250 $11.000 I $0.000 $1.000 $0.260 J 8.0 $77.740 $101.850 K $101.850 K $125.970 Holidays Scope of Work
Travel &
Subsistence
#ELECTRICIAN: COMM & SYSTEM
TECH. 02/22/2026 11/30/2026** $53.590 H $17.250 $11.000 I $0.000 $1.000 $0.260 J 8.0 $84.980 $112.710 K $112.710 K $140.450 Holidays Scope of Work
Travel &
Subsistence
#ELECTRICIAN: INSIDE WIREMAN,
TECHNICIAN 02/22/2026 08/31/2026** $51.000 $15.150 $12.650 I $0.000 L $1.350 $0.750 8.0 $82.430 $108.690 M $108.690 M $134.960 Holidays Scope of Work
Travel &
Subsistence
ELECTRICIAN: CABLE SPLICER 02/22/2026 08/31/2026** $56.100 $15.150 $12.650 I $0.000 L $1.350 $0.750 8.0 $87.680 $116.570 M $116.570 M $145.470 Holidays Scope of Work
Travel &
Subsistence
#FIELD
SURVEYOR: CHIEF OF PARTY N 02/22/2026 02/28/2027** $64.750 $13.880 $16.010 O $4.400 P $1.260 $0.280 8.0 $100.580 $132.960 Q $132.960 Q $165.330 Holidays Scope of Work
Travel &
Subsistence
#FIELD
SURVEYOR: CHAINMAN/RODMAN N 02/22/2026 02/28/2027** $54.280 $13.880 $16.010 O $4.400 P $1.260 $0.280 8.0 $90.110 $117.250 Q $117.250 Q $144.390 Holidays Scope of Work
Travel &
Subsistence
GLAZIER 02/22/2026 03/31/2026* $16.900 & $0.000 $0.000 $0.550 $0.000 $0.000 8.0 $17.450 $25.900 $25.900 $25.900 Holidays Scope of Work
Travel &
Subsistence
#MARBLE
FINISHER R 08/22/2025 07/31/2026** $43.140 S $13.100 $6.780 $0.000 T $0.450 $0.970 8.0 $64.440 $86.010 U $107.580 $107.580 Holidays Scope of Work
Travel &
Subsistence
#PAINTER TAPER 02/22/2026 07/31/2026* $56.810 V $12.250 $22.140 $0.000 $1.100 $0.730 8.0 $93.030 $121.430 W $121.430 W $149.840 X Holidays Scope of Work
Travel &
Subsistence
#PAINTER: Y 02/22/2026 06/30/2026** $39.180 Z $12.250 $11.060 O $0.000 $0.670 $0.480 8.0 $63.640 $83.230 $83.230 AA $102.820 AB Holidays Scope of Work
Travel &
Subsistence
#PAINTER: INDUSTRIAL
PAINTER AC 02/22/2026 06/30/2026** $41.180 Z $12.250 $11.060 O $0.000 $0.670 $0.480 8.0 $65.640 $86.230 $86.230 AA $106.820 AB Holidays Scope of Work
Travel &
Subsistence
#PAINTER: BRIDGE PAINTER AD 02/22/2026 06/30/2026** $41.680 Z $12.250 $11.060 O $0.000 $0.670 $0.480 8.0 $66.140 $86.980 $86.980 AA $107.820 AB Holidays Scope of Work
Travel &
Subsistence
#PLASTERER 08/22/2025 06/30/2026** $52.170 AE $16.040 $19.990 $0.000 L $1.450 $1.440 8.0 $91.090 $113.780 AF $113.780 AG $136.470 Holidays Scope of Work
Travel &
Subsistence
#PLASTER
TENDER 08/22/2025 06/30/2026* $42.420 $11.100 $16.130 $4.330 $0.520 $0.630 AH 8.0 $75.130 $96.340 F $96.340 F $117.550 Holidays Scope of Work
Travel &
Subsistence
#PLUMBER:

PLUMBER,

STEAMFITTER,

REFRIGERATION

FITTER (HVAC)
02/22/2026 06/30/2026
** $54.500 $13.380 $27.410 $0.000 L $1.750 $2.770 8.0 $99.810 $127.060 D $127.060 D $154.310 Holidays Scope of Work
Travel &
Subsistence
PLUMBER: PIPE TRADESMAN 02/22/2026 06/30/2026* $21.800 $10.840 $1.000 $0.000 L $0.000 $0.710 8.0 $34.350 $45.250 D $45.250 D $56.150 Holidays Scope of Work
Travel &
Subsistence
#PLUMBER: UNDERGROUND
UTILITY PIPEFITTER 08/22/2025 06/30/2026* $36.010 $12.400 $3.250 AI $2.750 AJ $0.100 $0.450 8.0 $54.960 $74.340 $74.340 AA $93.720 Holidays Scope of Work
Travel &
Subsistence
#PLUMBER: LANDSCAPE
PIPEFITTER 08/22/2025 06/30/2026* $36.010 $12.400 $3.250 AI $2.750 AJ $0.100 $0.450 8.0 $54.960 $74.340 $74.340 AA $93.720 Holidays Scope of Work
Travel &
Subsistence
PLUMBER:

UNDERGROUND

UTILITY ASSISTANT

JOURNEYMAN
AK 08/22/2025 06/30/2026* $21.810 $12.400 $3.250 AI $2.750 AJ $0.100 $0.450 8.0 $40.760 $53.040 $53.040 AA $65.320 Holidays Scope of Work
Travel &
Subsistence
PLUMBER:

LANDSCAPE

ASSISTANT

JOURNEYMAN
AL 08/22/2025 06/30/2026* $21.810 $12.400 $3.250 AI $2.750 AJ $0.100 $0.450 8.0 $40.760 $53.040 $53.040 AA $65.320 Holidays Scope of Work
Travel &
Subsistence
PLUMBER:

UNDERGROUND

UTILITY

TRADESMAN
AM 08/22/2025 06/30/2026* $18.950 $12.400 $0.000 AI $2.750 AJ $0.100 $0.450 8.0 $34.650 $45.500 $45.500 AA $56.350 Holidays Scope of Work
Travel &
Subsistence
PLUMBER: LANDSCAPE
TRADESMAN I AN 08/22/2025 06/30/2026* $18.950 $12.400 $0.000 AI $2.750 AJ $0.100 $0.450 8.0 $34.650 $45.500 $45.500 AA $56.350 Holidays Scope of Work
Travel &
Subsistence
PLUMBER: LANDSCAPE
TRADESMAN II AN 08/22/2025 06/30/2026* $18.950 $12.400 $3.250 AI $2.750 AJ $0.100 $0.450 8.0 $37.900 $48.750 $48.750 AA $59.600 Holidays Scope of Work
Travel &
Subsistence
#PLUMBER:

FIRE SPRINKLER
FITTER
(PROTECTION AND

CONTROL

SYSTEMS,

OVERHEAD AND

UNDERGROUND)
02/22/2026 03/31/2026
** $49.690 $13.600 $15.530 AO $0.000 $0.590 $0.300 8.0 $79.710 $104.550 $104.550 $129.400 Holidays Scope of Work
Travel &
Subsistence
#ROOFER 02/22/2026 12/31/2026** $44.910 $7.130 $9.350 $3.900 AP $1.240 $0.090 AQ 8.0 $66.620 $91.030 $91.030 AR $115.430 Holidays Scope of Work
Travel &
Subsistence
#SHEET METAL
WORKER
(HVAC)
02/22/2024 03/31/2024* $44.070 AS $0.000 $0.000 $0.000 $0.000 $40.790 8.0 $84.860 $106.890 $106.890 $106.890 Holidays Scope of Work
Travel &
Subsistence
#SHEET METAL
WORKER
(HVAC)

METAL DECK &
SIDING 02/22/2025 03/31/2025
* $44.450 AS $14.830 $20.400 $0.000 $0.320 $0.000 8.0 $80.000 $102.230 $102.230 $102.230 Holidays Scope of Work
Travel &
Subsistence
#TERRAZZO
FINISHER AT 08/22/2025 06/30/2026** $46.600 AU $13.100 $7.220 $0.000 L $0.800 $1.120 8.0 $68.840 $89.470 AV $89.470 AV $110.110 Holidays Scope of Work
Travel &
Subsistence
#TERRAZZO
WORKER AT 08/22/2025 06/30/2026** $62.810 AU $13.100 $15.720 $0.000 L $0.800 $1.370 8.0 $93.800 $121.620 AV $121.620 AV $149.440 Holidays Scope of Work
Travel &
Subsistence
#TILE
FINISHER 08/22/2025 03/31/2026* $32.810 AW $12.400 $5.360 $1.300 $0.500 $1.540 8.0 AA $53.910 $70.320 $70.320 AX $86.720 Holidays Scope of Work
Travel &
Subsistence
#TILE SETTER 08/22/2025 03/31/2026** $49.720 AW $12.400 $8.700 $2.750 $0.750 $2.060 8.0 AA $76.380 $101.240 $101.240 AX $126.100 Holidays Scope of Work
Travel &
Subsistence

WATER WELL
DRILLER: 08/22/2025 06/30/2026** $32.830 $10.010 $4.080 $1.640 AY $0.000 $0.000 8.0 $48.560 $64.980 AZ $64.980 AZ $64.980 AZ Holidays Scope of Work
Travel &
Subsistence
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CRAFT CLASSIFICATION CRAFT

FOOTNOTE
ISSUE
DATE

EXPIRATION
DATE
BASIC
HOURLY
RATE
BASIC
HOURLY
RATE

FOOTNOTE
HEALTH
AND

WELFARE
HEALTH
AND

WELFARE

FOOTNOTE

PENSION PENSION

FOOTNOTE

VACATION/

HOLIDAY

VACATION/

HOLIDAY

FOOTNOTE

TRAINING TRAINING

FOOTNOTE
OTHER

PAYMENTS
OTHER

PAYMENTS

FOOTNOTE

HOURS HOURS

FOOTNOTE

STRAIGHT-
TIME
TOTAL
HOURLY
RATE
DAILY

OVERTIME
HOURLY
RATE
DAILY

OVERTIME
HOURLY
RATE

FOOTNOTE

SATURDAY

OVERTIME
HOURLY
RATE

SATURDAY

OVERTIME
HOURLY
RATE

FOOTNOTE
SUNDAY
AND

HOLIDAY

OVERTIME
HOURLY
RATE
SUNDAY
AND

HOLIDAY

OVERTIME
HOURLY
RATE

FOOTNOTE

HOLIDAY

PROVISIONS

SCOPE OF
WORK

PROVISIONS

TRAVEL &

SUBSISTENCE

PROVISIONS

WATER WELL
DRILLER: PUMP INSTALLER 08/22/2025 06/30/2026
** $32.830 $10.010 $4.080 $1.640 AY $0.000 $0.000 8.0 $48.560 $64.980 AZ $64.980 AZ $64.980 AZ Holidays Scope of Work
Travel &
Subsistence

WATER WELL
DRILLER: HELPER 08/22/2025 06/30/2026** $28.350 $10.010 $4.080 $1.420 BA $0.000 $0.000 8.0 $43.860 $58.040 AZ $58.040 AZ $58.040 AZ Holidays Scope of Work
Travel &
Subsistence
Go to increase page

FOOTNOTES
EFFECTIVE UNTIL SUPERSEDED BY A NEW DETERMINATION ISSUED BY THE DIRECTOR OF INDUSTRIAL RELATIONS. CONTACT THE OFFICE OF THE DIRECTOR - RESEARCH UNIT AT (415) 703-4774 FOR THE NEW RATES AFTER TEN DAYS AFTER THE EXPIRATION DATE IF NO SUBSEQUENT DETERMINATION IS ISSUED.

THE RATE TO BE PAID FOR WORK PERFORMED AFTER THIS DATE HAS BEEN DETERMINED. IF WORK WILL EXTEND PAST THIS DATE, THE NEW RATE MUST BE PAID AND SHOULD BE INCORPORATED IN CONTRACTS ENTERED INTO NOW. CONTACT THE OFFICE OF THE DIRECTOR RESEARCH UNIT FOR SPECIFIC RATES AT (415) 703-4774.

INDICATES AN APPRENTICEABLE CRAFT. THE CURRENT APPRENTICE WAGE RATES ARE AVAILABLE ON THE INTERNET @ HTTP://WWW.DIR.CA.GOV/OPRL/PWAPPWAGE/PWAPPWAGESTART.ASP.

THE BASIC HOURLY RATE AND EMPLOYER PAYMENTS ARE NOT TAKEN FROM A COLLECTIVE BARGAINING AGREEMENT FOR THIS CRAFT OR CLASSIFICATION.

INCLUDES AMOUNTS FOR DUES CHECK OFF, CONTRACT COMPLIANCE AND VACATION WHICH ARE NOT FACTORED INTO OVERTIME RATES.

INCLUDES AN AMOUNT FOR IMI TRAINING FUND.

SATURDAYS IN THE SAME WORK WEEK MAY BE WORKED AT STRAIGHT-TIME IF JOB IS SHUT DOWN DURING THE NORMAL WORKWEEK DUE TO INCLEMENT WEATHER, OR REASONS BEYOND THE CONTROL OF THE EMPLOYER.

RATE APPLIES TO THE FIRST 2 DAILY OVERTIME HOURS AND THE FIRST 10 HOURS ON SATURDAY; ALL OTHER TIME IS PAID AT THE SUNDAY AND HOLIDAY OVERTIME HOURLY RATE.

INCLUDES AMOUNT WITHELD FOR DUES CHECK OFF WHICH IS NOT FACTORED INTO OVERTIME RATE APPLIES TO THE FIRST 4 DAILY OVERTIME HOURS AND THE FIRST 12 HOURS WORKED ON SATURDAY; ALL OTHER TIME IS PAID AT THE SUNDAY AND HOLIDAY OVERTIME HOURLY RATE.

DESIGNATED DAYS OFF SHALL BE PAID AT TIME AND ONE-HALF (1 1/2X) FOR THE FIRST TWELVE (12) HOURS WORKED IN A DAY; ALL WORK PERFORMED IN EXCESS OF TWELVE (12) HOURS IN A DAY SHALL BE PAID AT THE SUNDAY/HOLIDAY RATE. PLEASE REFER TO THE HOLIDAY PROVISION FOR A LIST OF DESIGNATED DAYS OFF.

INCLUDES AN AMOUNT EQUAL TO 6% OF THE HOURLY RATE FOR VACATION/WORKING DUES WHICH IS FACTORED INTO OVERTIME RATES.

IN ADDITION, AN AMOUNT EQUAL TO 3% OF THE BASIC HOURLY RATE IS ADDED TO THE TOTAL HOURLY RATE AND OVERTIME HOURLY RATES FOR THE NATIONAL EMPLOYEES BENEFIT BOARD.

IN ADDITION, AN AMOUNT EQUAL TO 0.5% OF THE BASIC HOURLY RATE, WHICH IS FACTORED AT THE APPLICABLE OVERTIME MULTIPLIER, IS ADDED TO THE TOTAL HOURLY RATE AND OVERTIME HOURLY RATES.

RATE APPLIES TO THE FIRST 2 DAILY OVERTIME HOURS AND THE FIRST 8 HOURS ON SATURDAY ONLY; ALL OTHER TIME IS PAID AT THE SUNDAY AND HOLIDAY NON-SHIFT OVERTIME HOURLY RATE.

INCLUDED IN STRAIGHT-TIME HOURLY RATE.

RATE APPLIES TO THE FIRST 2 DAILY OVERTIME HOURS AND THE FIRST 8 HOURS WORKED ON SATURDAYS. ALL OTHER TIME IS PAID AT THE SUNDAY/HOLIDAY OVERTIME RATE.

ALL CREWS, WITHOUT CONSIDERATION TO THE NUMBER OF INDIVIDUALS IN THE CREW, SHALL INCLUDE A CHIEF OF PARTY. A CREW CONSISTS OF ONE (1) OR MORE EMPLOYEES PERFORMING FIELD AND CONSTRUCTION SURVEY WORK.

INCLUDES AN AMOUNT PER HOUR WORKED FOR ANNUITY TRUST FUND.

INCLUDES AN AMOUNT PER HOUR WORKED FOR SUPPLEMENTAL DUES.

RATE APPLIES TO DAILY OVERTIME HOURS UP TO AND INCLUDING 12 HOURS WORKED IN A WORKDAY OR OTHER OVERTIME HOURS BEYOND 40 HOURS IN A WORKWEEK. ALL OTHER OVERTIME IS PAID AT THE SUNDAY/HOLIDAY RATE. IN THE EVENT THAT THERE ARE LESS THAN 40 HOURS WORKED MONDAY THROUGH FRIDAY, THEN THE BALANCE OF HOURS WORKED UP TO AND INCLUDING 40 HOURS FOR THE WORKWEEK, OR UP TO 8 HOURS FOR THE WORKDAY, MAY BE WORKED ON SATURDAY AT THE STRAIGHT-TIME RATE.

EMPLOYEES WORKING ON ANY SUSPENDED PLATFORM/SWING STAGE SHALL BE PAID AN ADDITIONAL $20.00 PER DAY ABOVE THE WAGE RATE.

INCLUDES AN AMOUNT FOR DUES CHECK-OFF AND VACATION/HOLIDAY WHICH ARE FACTORED INTO OVERTIME RATES.

INCLUDED IN BASIC HOURLY RATE.

RATE APPLIES TO FIRST 2 OVERTIME HOURS MONDAY THROUGH FRIDAY; ALL OTHER OVERTIME IS PAID AT THE DOUBLE TIME RATE.

INCLUDES AN AMOUNT FOR DUES CHECK OFF
RATE APPLIES TO THE FIRST 4 DAILY OVERTIME HOURS AND THE FIRST 12 HOURS WORKED ON SATURDAY. ALL OTHER TIME IS PAID AT THE SUNDAY AND HOLIDAY OVERTIME RATE. SATURDAYS IN THE SAME WORK WEEK MAY BE WORKED AT STRAIGHT-TIME IF JOB IS SHUT DOWN DURING THE NORMAL WORKWEEK DUE TO INCLEMENT WEATHER.

DESIGNATED DAYS OFF SHALL BE PAID AT THE SATURDAY OVERTIME RATE; PLEASE REFER TO THE HOLIDAY PROVISIONS FOR A LIST OF DESIGNATED DAYS OFF.

EMPLOYEES SHALL RECEIVE PREMIUM PAY FOR THE FOLLOWING WORK: WALLCOVERING ($1.00 PER HOUR), SPRAY WORK ($1.00 PER HOUR) REMEDIAL PATCHING ($1.25 PER HOUR) AND ABRASIVE BLASTING/LEAD ABATEMENT ($1.50 PER HOUR). EMPLOYEES WORKING OVER 30 FEET (EXCLUDING WORK FROM A LIFT 60 FEET AND LOWER) SHALL RECEIVE ONE DOLLAR ($1.00) PER HOUR ABOVE THE BASIC HOURLY RATE IN ADDITION TO ANY OTHER PREMIUM PAY.

INCLUDES AMOUNT WITHHELD FOR DUES CHECK OFF.

SATURDAYS IN THE SAME WORK WEEK MAY BE WORKED AT STRAIGHT-TIME IF JOB IS SHUT DOWN DURING THE NORMAL WORKWEEK DUE TO INCLEMENT WEATHER.

SUNDAY IS PAID AT SATURDAY OVERTIME HOURLY RATE.

EMPLOYEES SHALL RECEIVE PREMIUM PAY FOR THE FOLLOWING WORK: METALIZING AND THERMAL SPRAY ($4.00 PER HOUR). EMPLOYEES SHALL ALSO BE ENTITLED TO HIGH TIME PREMIUM PAY WHENEVER THE WORK PERFORMED REQUIRES PERSONAL FALL RESTRAINTS TO BE WORN BY THE EMPLOYEE. THE AMOUNT OF THE PREMIUM SHALL BE AS FOLLOWS: AN ADDITIONAL $4.00 PER HOUR WHEN WORKING FROM 100 TO 180 FEET ABOVE GROUND OR WATER LEVEL AND $6.00 PER HOUR WHEN WORKING OVER 180 FEET. SEE SCOPE PROVISIONS FOR FURTHER DETAILS ON PREMIUMS.

EMPLOYEES SHALL RECEIVE PREMIUM PAY FOR THE FOLLOWING WORK: METALIZING AND THERMAL SPRAY ($4.00 PER HOUR). SEE SCOPE PROVISIONS FOR FURTHER DETAILS ON PREMIUMS.

INCLUDE AMOUNTS WITHHELD FOR DUES CHECK OFF AND VACATION WHICH IS NOT FACTORED INTO OVERTIME.EMPLOYEES OPERATING AND WORKING BEHIND PLASTER GUNS SHALL RECEIVE AN ADDITIONAL $5.00 PER DAY ABOVE THE WAGE RATE. EMPLOYEES WORKING ON AN EXTERIOR SUSPENDED SCAFFOLD SHALL BE PAID AN ADDITIONAL $15.00 PER DAY ABOVE THE WAGE RATE
RATE APPLIES TO THE FIRST 4 OVERTIME HOURS MONDAY THROUGH FRIDAY AND THE FIRST 8 HOURS WORKED ON SATURDAYS AND DESIGNATED DAYS OFF. ALL OTHER TIME IS PAID AT THE SUNDAY AND HOLIDAY OVERTIME RATE.

RATE APPLIES TO THE FIRST 4 OVERTIME HOURS MONDAY THROUGH FRIDAY AND THE FIRST 8 HOURS WORKED ON SATURDAYS AND DESIGNATED DAYS OFF. ALL OTHER TIME IS PAID AT THE SUNDAY AND HOLIDAY OVERTIME RATE. SATURDAYS IN THE SAME WORK WEEK MAY BE WORKED AT STRAIGHT-TIME IF JOB IS SHUT DOWN DURING THE NORMAL WORKWEEK DUE TO INCLEMENT WEATHER.

INCLUDES AN AMOUNT FOR INDUSTRY STABILIZATION FUND.

PURSUANT TO LABOR CODE SECTIONS 1773.1 AND 1773.8, THE AMOUNT PAID FOR THIS EMPLOYER PAYMENT MAY VARY RESULTING IN A LOWER TAXABLE BASIC HOURLY WAGE RATE, BUT THE TOTAL HOURLY RATES FOR STRAIGHT TIME AND OVERTIME MAY NOT BE LESS THAN THE GENERAL PREVAILING RATE OF PER DIEM WAGES.

VACATION IS FACTORED AT THE APPLICABLE OVERTIME MULTIPLIER.

THERE MUST BE AT LEAST ONE JOURNEYMAN PIPEFITTER PER CONTRACTOR ON EACH JOBSITE.

THERE MUST BE AT LEAST ONE JOURNEYMAN PIPEFITTER PER CONTRACTOR ON EACH JOBSITE. THIS AGREEMENT MAY BE USED TO COVER MAINTENANCE AND PLANT ESTABLISHMENT. PLANT ESTABLISHMENT SHALL BE WORK COVERED BY THIS AGREEMENT. THIS WORK MAY BE PERFORMED EXCLUSIVELY BY ALL CLASSIFICATIONS OUTLINED IN THIS AGREEMENT WITHOUT THE SUPERVISION OF A JOURNEYMAN, EXCEPT FOR APPRENTICES WHO REQUIRE THE SUPERVISION OF A JOURNEYMAN.

THERE SHALL BE NO MORE THAN THREE TRADESMEN TO EVERY TWO JOURNEYMAN PIPEFITTER/ASSISTANT JOURNEYMAN PIPEFITTER COMBINATION EMPLOYED PER CONTRACTOR ON EACH JOBSITE.

THERE SHALL BE NO MORE THAN FOUR TRADESMEN TO EVERY TWO JOURNEYMAN PIPEFITTER/ASSISTANT JOURNEYMAN PIPEFITTER COMBINATION EMPLOYED PER CONTRACTOR ON EACH JOBSITE. THIS AGREEMENT MAY BE USED TO COVER MAINTENANCE AND PLANT ESTABLISHMENT. PLANT ESTABLISHMENT SHALL BE WORK COVERED BY THIS AGREEMENT. THIS WORK MAY BE PERFORMED EXCLUSIVELY BY ALL CLASSIFICATIONS OUTLINED IN THIS AGREEMENT WITHOUT THE SUPERVISION OF A JOURNEYMAN, EXCEPT FOR APPRENTICES WHO REQUIRE THE SUPERVISION OF A JOURNEYMAN INCLUDES AN AMOUNT FOR SUPPLEMENTAL PENSION FUND.

INCLUDES $1.00 FOR VACATION AND $2.90 FOR DUES CHECK-OFF WHICH ARE BOTH FACTORED INTO OVERTIME.

AMOUNT IS FOR THE ROOFERS AND WATERPROOFERS RESEARCH AND EDUCATION JOINT TRUST FUND.

AR
AS
AT
AU
AV
AW
AX
AY
AZ
BA
WHEN ADVERSE WEATHER OR JOB SCHEDULING PROBLEMS EXIST CAUSING AN EMPLOYEE TO WORK LESS THAN FORTY (40) HOURS IN A WEEK SATURDAY MAY BE USED AS A MAKE-UP DAY AT STRAIGHT TIME WAGE RATES.

BASIC HOURLY RATE AND EMPLOYER PAYMENTS ARE BASED ON THE DAVIS-BACON WAGE DETERMINATION FOR THIS CRAFT.

THE RATIO OF TERRAZZO FINISHER HOURS TO TERRAZZO WORKER HOURS SHALL NOT EXCEED TWO (2) TO ONE (1).

INCLUDES AN AMOUNT FOR VACATION/DUES CHECK OFF WHICH IS NOT FACTORED IN THE OVERTIME RATES.

RATE APPLIES TO THE FIRST 2 DAILY OVERTIME HOURS AND THE FIRST 8 HOURS ON SATURDAY ONLY; ALL OTHER TIME IS PAID AT THE SUNDAY AND HOLIDAY OVERTIME HOURLY RATE.

INCLUDES AMOUNT WITHHELD FOR DUES CHECK OFF, WHICH IS FACTORED IN THE OVERTIME RATES. ANY EMPLOYEE WORKING UNDERGROUND SHALL RECEIVE $1.00 PER HOUR IN ADDITION TO REGULAR WAGES.

RATE APPLIES TO THE FIRST 8 HOURS WORKED ON SATURDAY. ALL OTHER HOURS ARE PAID AT THE SUNDAY/HOLIDAY RATE. $2.27 AFTER 2 YEARS OF EMPLOYMENT.

RATE APPLIES TO ALL TIME WORKED IN EXCESS OF 8 HOURS PER DAY OR 40 HOURS PER WEEK AND FOR ALL HOURS ON SUNDAYS AND HOLIDAYS. RATE DOES NOT INCLUDE ANY ADDITIONAL AMOUNT THAT MAY BE REQUIRED FOR VACATION/HOLIDAY PAYMENT. $1.96 AFTER 2 YEARS OF EMPLOYMENT.

RECOGNIZED HOLIDAYS: HOLIDAYS UPON WHICH THE GENERAL PREVAILING HOURLY WAGE RATE FOR HOLIDAY WORK SHALL BE PAID, SHALL BE ALL HOLIDAYS IN THE COLLECTIVE BARGAINING AGREEMENT, APPLICABLE TO THE PARTICULAR CRAFT, CLASSIFICATION, OR TYPE OF WORKER EMPLOYED ON THE PROJECT, WHICH IS ON FILE WITH THE DIRECTOR OF INDUSTRIAL RELATIONS. IF THE PREVAILING RATE IS NOT BASED ON A COLLECTIVELY BARGAINED RATE, THE HOLIDAYS UPON WHICH THE PREVAILING RATE SHALL BE PAID SHALL BE AS PROVIDED IN SECTION 6700 OF THE GOVERNMENT CODE. YOU MAY OBTAIN THE HOLIDAY PROVISIONS FOR THE CURRENT DETERMINATIONS ON THE INTERNET AT HTTP://WWW.DIR.CA.GOV/OPRL/DPreWageDetermination.htm. HOLIDAY PROVISIONS FOR THE CURRENT OR SUPERSEDED DETERMINATIONS MAY BE OBTAINED BY CONTACTING THE OFFICE OF THE DIRECTOR - RESEARCH UNIT AT (415) 703-4774.

TRAVEL AND/OR SUBSISTENCE: IN ACCORDANCE WITH LABOR CODE SECTIONS 1773.1 AND 1773.9, CONTRACTORS SHALL MAKE TRAVEL AND/OR SUBSISTENCE PAYMENTS TO EACH WORKER TO EXECUTE THE WORK. YOU MAY OBTAIN THE TRAVEL AND/OR SUBSISTENCE PROVISIONS FOR THE CURRENT DETERMINATIONS ON THE INTERNET AT HTTP://WWW.DIR.CA.GOV/OPRL/DPreWageDetermination.htm. TRAVEL AND/OR SUBSISTENCE REQUIREMENTS FOR CURRENT OR SUPERSEDED DETERMINATIONS MAY BE OBTAINED BY CONTACTING THE OFFICE OF THE DIRECTOR - RESEARCH UNIT AT (415) 703-4774.

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GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS LOCALITY: TULARE COUNTY
DETERMINATION: TUL-2026-1

PREDETERMINED INCREASES

CRAFT CLASSIFICATION CRAFT

FOOTNOTE
ISSUE
DATE

EXPIRATION
DATE

DATE OF
NEXT

INCREASE
1 AMOUNT
OF

INCREASE
1 INCREASE

FOOTNOTE
1 DATE OF
NEXT

INCREASE
2 AMOUNT
OF

INCREASE
2 INCREASE

FOOTNOTE
2 DATE OF
NEXT

INCREASE
3 AMOUNT
OF

INCREASE
3 INCREASE

FOOTNOTE
3 DATE OF
NEXT

INCREASE
4 AMOUNT
OF

INCREASE
4 INCREASE

FOOTNOTE
4 DATE OF
NEXT

INCREASE
5 AMOUNT
OF

INCREASE
5 INCREASE

FOOTNOTE
5 DATE OF
NEXT

INCREASE
6 AMOUNT
OF

INCREASE
6 INCREASE

FOOTNOTE
6 DATE OF
NEXT

INCREASE
7 AMOUNT
OF

INCREASE
7 INCREASE

FOOTNOTE
7 DATE OF
NEXT

INCREASE
8 AMOUNT
OF

INCREASE
8 INCREASE

FOOTNOTE
8 BRICKLAYER:

BRICKLAYER,
CEMENT

BLOCKLAYER,

POINTER, CAULKER,

CLEANER
02/22/2026 04/30/2026
** 05/01/2026 $3.500 A 05/01/2027 $4.500 B 05/01/2028 $4.500 B 05/01/2029 $4.500 B BRICKLAYER: STONEMASON,
MARBLE MASON 02/22/2026 04/30/2026
** 05/01/2026 $3.500 A 05/01/2027 $4.500 B 05/01/2028 $4.500 B 05/01/2029 $4.500 B BRICKLAYER: MASON FINISHER 02/22/2026 04/30/2026** 05/01/2026 $2.300 C 05/01/2027 $4.050 B 05/01/2028 $4.050 B 05/01/2029 $4.050 B

CARPET,

LINOLEUM,

RESILIENT
TILE LAYER 02/22/2026 12/31/2026
** 01/01/2027 $4.000 B
ELECTRICIAN: COMM & SYSTEM
INSTALLER 02/22/2026 11/30/2026
** 12/01/2026 $3.400 B
ELECTRICIAN: COMM & SYSTEM
TECH. 02/22/2026 11/30/2026
** 12/01/2026 $3.400 B
ELECTRICIAN: INSIDE WIREMAN,
TECHNICIAN 02/22/2026 08/31/2026
** 09/01/2026 $1.500 B 03/01/2027 $1.500 B
ELECTRICIAN: CABLE SPLICER 02/22/2026 08/31/2026** 09/01/2026 $1.500 B 03/01/2027 $1.500 B FIELD
SURVEYOR: CHIEF OF PARTY
D 02/22/2026 02/28/2027** 03/01/2027 $5.000 B
FIELD
SURVEYOR: CHAINMAN/RODMAN
D 02/22/2026 02/28/2027** 03/01/2027 $3.000 B
MARBLE

FINISHER
E 08/22/2025 07/31/2026** 08/01/2026 $2.500 B 08/01/2027 $2.500 B 08/01/2028 $2.750 B PAINTER: F 02/22/2026 06/30/2026** 07/01/2026 $0.500 B
PAINTER: INDUSTRIAL

PAINTER
G 02/22/2026 06/30/2026** 07/01/2026 $0.500 B
PAINTER: BRIDGE PAINTER H 02/22/2026 06/30/2026** 07/01/2026 $0.500 B PLASTERER 08/22/2025 06/30/2026** 07/01/2026 $4.000 I 07/01/2027 $4.000 I 07/01/2028 $4.000 I PLUMBER:

PLUMBER,

STEAMFITTER,

REFRIGERATION

FITTER (HVAC)
02/22/2026 06/30/2026
** 07/01/2026 $1.250 B 01/01/2027 $2.750 B 07/01/2027 $1.250 B 01/01/2028 $2.800 B 07/01/2028 $1.250 B PLUMBER:

FIRE SPRINKLER
FITTER
(PROTECTION AND

CONTROL

SYSTEMS,

OVERHEAD AND

UNDERGROUND)
02/22/2026 03/31/2026
** 04/01/2026 $3.030 J 01/01/2027 $1.000 K 04/01/2027 $3.040 L 01/01/2028 $1.000 K 04/01/2028 $0.500 M 01/01/2029 $1.000 K 04/01/2029 $0.500 M 01/01/2030 $1.000 K ROOFER 02/22/2026 12/31/2026** 01/01/2027 $4.000 B 01/01/2028 $4.000 B 08/31/2028 $0.500 N

TERRAZZO

FINISHER
O 08/22/2025 06/30/2026** 07/01/2026 $2.500 B

TERRAZZO
WORKER
O 08/22/2025 06/30/2026** 07/01/2026 $3.000 B
TILE SETTER 08/22/2025 03/31/2026** 04/01/2026 $3.000 B 04/01/2027 $3.500 B

WATER WELL
DRILLER: 08/22/2025 06/30/2026
** 07/01/2026 $2.000 B

WATER WELL
DRILLER: PUMP INSTALLER 08/22/2025 06/30/2026
** 07/01/2026 $2.000 B

WATER WELL
DRILLER: HELPER 08/22/2025 06/30/2026
** 07/01/2026 $2.000 B
Return to wage page

FOOTNOTES
THE RATE TO BE PAID FOR WORK PERFORMED AFTER THIS DATE HAS BEEN DETERMINED. IF WORK WILL EXTEND PAST THIS DATE, THE NEW RATE MUST BE PAID AND SHOULD BE INCORPORATED IN CONTRACTS ENTERED INTO NOW. CONTACT THE OFFICE OF THE DIRECTOR RESEARCH UNIT FOR SPECIFIC RATES AT (415) 703-4774. $2.52 TO BASIC HOURLY RATE, $0.75 TO PENSION, $0.03 TO TRAINING, AND $0.20 TO OTHER THE PREDETERMINED INCREASE SHOWN IS TO BE ALLOCATED TO WAGES AND/OR EMPLOYER PAYMENTS. PLEASE CONTACT THE OFFICE OF THE DIRECTOR - RESEARCH UNIT AT (415) 703-4774 WHEN THE PREDETERMINED INCREASE BECOMES DUE TO CONFIRM THE DISTRIBUTION. PLEASE ALSO EXAMINE THE IMPORTANT NOTICES TO SEE IF ANY MODIFICATIONS HAVE BEEN ISSUED, AS THERE MAY BE REDUCTIONS TO PREDETERMINED INCREASES. $2.27 TO BASIC HOURLY RATE AND $0.03 TO TRAINING
ALL CREWS, WITHOUT CONSIDERATION TO THE NUMBER OF INDIVIDUALS IN THE CREW, SHALL INCLUDE A CHIEF OF PARTY. A CREW CONSISTS OF ONE (1) OR MORE EMPLOYEES PERFORMING FIELD AND CONSTRUCTION SURVEY WORK.

EMPLOYEES WORKING ON ANY SUSPENDED PLATFORM/SWING STAGE SHALL BE PAID AN ADDITIONAL $20.00 PER DAY ABOVE THE WAGE RATE.

EMPLOYEES SHALL RECEIVE PREMIUM PAY FOR THE FOLLOWING WORK: WALLCOVERING ($1.00 PER HOUR), SPRAY WORK ($1.00 PER HOUR) REMEDIAL PATCHING ($1.25 PER HOUR) AND ABRASIVE BLASTING/LEAD ABATEMENT ($1.50 PER HOUR). EMPLOYEES WORKING OVER 30 FEET (EXCLUDING WORK FROM A LIFT 60 FEET AND LOWER) SHALL RECEIVE ONE DOLLAR ($1.00) PER HOUR ABOVE THE BASIC HOURLY RATE IN ADDITION TO ANY OTHER PREMIUM PAY.

EMPLOYEES SHALL RECEIVE PREMIUM PAY FOR THE FOLLOWING WORK: METALIZING AND THERMAL SPRAY ($4.00 PER HOUR). EMPLOYEES SHALL ALSO BE ENTITLED TO HIGH TIME PREMIUM PAY WHENEVER THE WORK PERFORMED REQUIRES PERSONAL FALL RESTRAINTS TO BE WORN BY THE EMPLOYEE. THE AMOUNT OF THE PREMIUM SHALL BE AS FOLLOWS: AN ADDITIONAL $4.00 PER HOUR WHEN WORKING FROM 100 TO 180 FEET ABOVE GROUND OR WATER LEVEL AND $6.00 PER HOUR WHEN WORKING OVER 180 FEET. SEE SCOPE PROVISIONS FOR FURTHER DETAILS ON PREMIUMS.

EMPLOYEES SHALL RECEIVE PREMIUM PAY FOR THE FOLLOWING WORK: METALIZING AND THERMAL SPRAY ($4.00 PER HOUR). SEE SCOPE PROVISIONS FOR FURTHER DETAILS ON PREMIUMS. $0.25 TO HEALTH&WELFARE, $0.50 TO PENSION, AND $3.25 TO BE ALLOCATED TO WAGES AND/OR EMPLOYER PAYMENTS. $3.03 TO BASIC HOURLY RATE.
$0.95 TO HEALTH AND WELFARE, AND $0.05 TO PENSION.
$3.04 TO BASIC HOURLY RATE.
$0.50 TO PENSION.
$0.50 TO BASIC HOURLY RATE
THE RATIO OF TERRAZZO FINISHER HOURS TO TERRAZZO WORKER HOURS SHALL NOT EXCEED TWO (2) TO ONE (1).

Return to main page

GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1

FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS Craft: Driver (On/Off-Hauling To/From Construction Site) Determination:

C-DT-830-261
-5-2021-1
Issue Date:

February 22, 2021
Expiration date of determination:

March 31, 2021* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Office of the Director – Research Unit at (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued.

Localities:

All localities within Alpine, Amador, Calaveras, El Dorado, Fresno, Kings, Madera, Mariposa, Merced, Nevada, Placer, Sacramento, San Joaquin, Sierra, Stanislaus, Sutter, Tulare, Tuolumne and Yuba Counties.

Wages and Employer Payments:

Classification
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation
and
Holiday
Training Other Hours Total
Hourly
Rate
Daily
Overtime
Hourly
Rate
(1 ½ X)
Sunday/
Holiday
Overtime
Hourly
Rate
(1 ½ X)
Driver: Dump Truck $17.00 $3.09a $0$0.00 $0.85b $0$0.00 $0$0.00 8.0 $20.94 $29.44c $29.44 Recognized holidays:

Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.

Travel and/or subsistence payment:

In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Director's General Prevailing
Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.

Determination: C-DT-830-261-5-2021-1

* There is no predetermined increase applicable to this determination. a The contribution applies to all hours until $535.26 is paid for the month. b $1.18 after 3 years of service
$1.50 after 10 years of service
$1.83 after 20 years of service
c Rate applies to work in excess of eight (8) hours daily and forty (40) hours weekly.

GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1

FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS Craft: TEAMSTER (APPLIES ONLY TO WORK ON THE CONSTRUCTION SITE) Determination:

NC-23-261-1-2025-1
Issue Date:

August 22, 2025
Expiration date of determination:

June 30, 2026* Effective until superseded by a new determination issued by the Director of Industrial Relation. Contact the Office of the Director - Research Unit at (415) 703-4774 for the new rates after ten days after the expiration date if no subsequent determination is issued.

Localities:

All Localities within Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba Counties.

WAGE RATES AND TOTAL HOURLY RATES (including employer payments):

Classification
a
(Journeyperson)
Basic Hourly
Rate Hours Total Hourly
Rate
Daily
Overtime
Hourly Rate
(1 ½ X)
Saturday
Overtime
Hourly Rate
(1 ½ X)b
Sunday/
Holiday
Overtime
Hourly Rate
(2 X)
Group 1 $43.26 8 $78.37 $100.00 $100.00 $121.63
Group 2 $43.56 8 $78.67 $100.45 $100.45 $122.23
Group 3 $43.86 8 $78.97 $100.90 $100.90 $122.83
Group 4 $44.21 8 $79.32 $101.43 $101.43 $123.53
Group 5 $44.56 8 $79.67 $101.95 $101.95 $124.23
Group 6 USE DUMP TRUCK YARDAGE RATE
Group 7 USE APPROPRIATE RATE FOR THE POWER UNIT OR THE EQUIPMENT UTILIZED Group 8 (Trainee)c
d Step I – 1st 1000 Hours
e Step II – 2nd 1000 Hours
f Step III – 3rd 1000 Hours

Determination: NC-023-261-1 and NC-023-261-1A

EMPLOYER PAYMENTS:

Type of Fund Amount per Hour Worked
Health & Welfare $21.27
Pension $9.46
Vacation and Holiday $2.30
Training $1.25
Otherg $0.83

Determination: NC-023-261-1 and NC-023-261-1A

GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1

FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS Craft: TEAMSTER (SPECIAL SINGLE SHIFT RATE)
(APPLIES ONLY TO WORK ON THE CONSTRUCTION SITE)
Determination:

NC-23-261-1-2025-1A
Issue Date:

August 22, 2025
Expiration date of determination:

June 30, 2026* Effective until superseded by a new determination issued by the Director of Industrial Relation. Contact the Office of the Director - Research Unit at (415) 703-4774 for the new rates after ten days after the expiration date if no subsequent determination is issued.

Localities:

All Localities within Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba Counties.

WAGE RATES AND TOTAL HOURLY RATES (including employer payments):

Classification
a
(Journeyperson)
Basic Hourly
Rate
Hours Total Hourly
Rate
Daily Overtime
Hourly Rate
(1 ½ X)
Saturday
Overtime
Hourly Rate
(1 ½ X)b
Sunday/
Holiday
Overtime
Hourly Rate
(2 X)
Group 1 $45.26 8 $80.37 $103.00 $103.00 $125.63
Group 2 $45.56 8 $80.67 $103.45 $103.45 $126.33
Group 3 $45.86 8 $80.97 $103.90 $103.90 $126.83
Group 4 $46.21 8 $81.32 $104.43 $104.43 $127.53
Group 5 $46.56 8 $81.67 $104.95 $104.95 $128.23
Group 6 USE DUMP TRUCK YARDAGE RATE
Group 7 USE APPROPRIATE RATE FOR THE POWER UNIT OR THE EQUIPMENT UTILIZED Determination: NC-023-261-1 and NC-023-261-1A

Classificationa
(Journeyperson)
Basic Hourly
Rate
Hours Total Hourly
Rate
Daily Overtime
Hourly Rate
(1 ½ X)
Saturday
Overtime
Hourly Rate
(1 ½ X)b
Sunday/
Holiday
Overtime
Hourly Rate
(2 X)
Group 8 (Trainee)c
d Step I – 1st 1000 Hours
e Step II – 2nd 1000 Hours
f Step III – 3rd 1000 Hours

EMPLOYER PAYMENTS:

Type of Fund Amount per Hour Worked
Health & Welfare $21.27
Pension $9.46
Vacation and Holiday $2.30
Training $1.25
Otherg $0.83

Determination: NC-023-261-1 and NC-023-261-1A

CLASSIFICATIONS:

GROUP 1
Dump Trucks under 6 yards
Single Unit Flat Rack (2 axle unit)
Nipper Truck (When Flat Rack Truck is used appropriate
Flat Rack shall apply)
Concrete pump truck (When Flat Rack Truck is used
appropriate Flat Rack shall apply)
Concrete pump machine
Snow Buggy
Steam Cleaning
Bus or Manhaul Driver
Escort or Pilot Car Driver
Pickup Truck
Teamster Oiler/Greaser/and or Serviceman
Hook Tenders
Team Drivers
Warehouseman
Tool Room Attendant (Refineries)
Fork Lift and Lift Jitneys
Warehouse Clerk/Parts Man
Fuel and/or Grease Truck Driver or Fuelman
Truck Repair Helper
Fuel Island Attendant, or Combination Pit and/or Grease Rack and Fuel Island Attendant
GROUP 2
Dump Trucks 6 yards Under 8 yards
Transit Mixers through 10 yards
Water Trucks Under 7000 gals.

Jetting Trucks Under 7000 gals.

Single Unit flat rack (3 axle unit)
Highbed Heavy Duty Transport
Scissor Truck
Rubber Tired Muck Car (not self-loaded)
Rubber Tired Truck Jumbo
Winch Truck and “A” Frame Drivers
Combination Winch Truck With Hoist
Road Oil Truck or Bootman
Buggymobile
Ross, Hyster and similar Straddle Carrier
Small Rubber Tired Tractor
Truck Dispatcher
GROUP 3
Dump Trucks 8 yards and including 24 yards
Transit Mixers Over 10 yards
Water Trucks 7000 gals and over
Jetting Trucks 7000 gals and over
Vacuum Trucks under 7500 gals
Trucks Towing Tilt Bed or Flat Bed Pull Trailers
Heavy Duty Transport Tiller Man
Tire Repairman
Truck Mounted Self Propelled Street Sweeper with or without Self-Contained Refuse Bin and or Vacuum Unit
Boom Truck - Hydro-Lift or Swedish Type Extension or Retracting Crane
P.B. or Similar Type Self Loading Truck
Combination Bootman and Road Oiler
Dry Distribution Truck (A Bootman when employed on such equipment, shall receive the rate specified for the classification of Road Oil Trucks or Bootman)
Ammonia Nitrate Distributor, Driver and Mixer
Snow Go and/or Plow
GROUP 4
Dump Trucks over 25 yards and under 65 yards
Vacuum Trucks 7500 gals and over.

Truck Repairman
Water Pulls - DW 10s, 20s, 21s and other similar equipment when pulling Aqua/pak or Water Tank Trailers
Helicopter Pilots
Lowbed Heavy Duty Transport (up to and including 7 axles) DW 10s, 20s, 21s and other similar Cat type, Terra Cobra, LeTourneau Pulls, Tournorocker, Euclid and similar type Equipment when pulling fuel and/or grease tank trailers or other miscellaneous trailers
Determination: NC-023-261-1 and NC-023-261-1A

GROUP 5
Dump Truck 65 yards and over
Holland Hauler
Lowbed Heavy Duty Transport (over 7 axles)
GROUP 6 (Use dump truck yardage rate)
Articulated Dump Truck
Bulk Cement Spreader (w/ or w/o Auger)
Dumpcrete Truck
Skid Truck (Debris Box)
Dry Pre-Batch Concrete Mix Trucks
Dumpster or Similar Type
Slurry Truck
GROUP 7 (Use appropriate Rate for the Power Unit or the Equipment Utilized)
Heater Planer
Asphalt Burner
Scarifier Burner
Fire Guard
Industrial Lift Truck (mechanical tailgate)
Utility and Clean-up Truck
Composite Crewman
GROUP 8
Trainee
Recognized holidays:

Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.

Travel and/or subsistence payment:

In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.

a For classifications within each group, see Pages 5 and 6. b Saturday in the same work week may be worked at straight-time hourly rate if a job is shut down during the normal work week due to inclement weather or major mechanical breakdown, or lack of materials beyond the control of the Employer. c An individual employer may employ one (1) trainee for every four (4) journey level Teamsters actively employed. Individual employers with less than four (4) journey level Teamsters may utilize one (1) trainee; thereafter, one (1) for every four (4) journey level Teamsters. d Sixty-five percent (65%) of the Journey level wage for the type of equipment operated, plus full fringes without Vacation/Holiday. e Seventy-five percent (75%) of the Journey level wage for the type of equipment operated, plus full fringes without Vacation/Holiday. f Eighty-five percent (85%) of the Journey level wage for the type of equipment operated, plus full fringes without Vacation/Holiday. g Supplemental Dues and Contract Administration.

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City of Visalia
Labor Compliance Manual

Visalia Purchasing Division

Adopted January 2015

707 West Acequia
Visalia, CA 93291
Phone (559) 713-4334
[email protected]

Exhibit E-4
RFB 25-26-16

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Contents

Preface ............................................................................................................................... 3 Introduction ........................................................................................................................ 3 Public Works Contracts ................................................................................................... 4 Prevailing Wage Requirements ..................................................................................... 5 Duty of the Awarding Body (COV) ................................................................................. 8 Duty of the Contractor/Subcontractor ......................................................................... 16 Appendix A – Labor Code section 96.7 ...................................................................... 24 Appendix B – Labor Code Section 1720-1743 .......................................................... 25 Appendix C – Labor Code Section 1770-1784 .......................................................... 35 Appendix D – Labor Code Section 1810-1815 .......................................................... 56 Appendix E – Labor Code Section 3070-3098 .......................................................... 57 Appendix F – Public Contract Code Sections 4104, 4107, 4107.5, 4108, 10164, and 20103.5 .................................................................................................................... 67 Appendix G – United States Code Title 29 Labor Section 175a ............................ 71 Appendix - H Government Code Section 6700, 12926-12926.1, 12940 ............. 72 Appendix I – Code of Civil Procedure Section 1085 ................................................ 81 Appendix J – Statement of Compliance ..................................................................... 82

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Preface

The City of Visalia (COV) has prepared this instructional manual for the purpose of compliance with California Labor code as enforced by the State of California Department of Industrial Relations Division of Labor Standards Enforcement (DLSE). The COV will enforce California Labor Code in accordance with Section 1726 and promptly report any suspected violations to the California Labor Commissioner.

Historically, the COV Municipal Code provisions (Chapter 3.37) have not required the application of prevailing wage laws for locally funded projects. This option was available to the COV as a charter city. On October 13, 2013, California Senate Bill No. 7 (SB7) was approved , adding Section 1782 to the California Labor Code. Section 1782 prohibits charter cities from receiving or using state funding or financial assistance for a ny construction project if they have charter provisions allowing them not to apply prevailing wage requirements to any public works contract, whether locally funded or not.

Chapter 3.37 of the COV Municipal Code has been amended effective January 1, 2015, to require compliance with State Prevailing Wage Laws on all City contracts for public works advertised for bid after December 31, 2014. Additional provisions included in this amendment will repeal or suspend the prevailing wage requirements on loc ally funded public works projects should the result of any legal action invalidate or stay the enforcement of Labor Code Section 1782.

This manual is provided to inform COV staff and contractors of existing California Labor Code (CLC) law. Nothing in this manual is meant to limit or change the enforcement of CLC as set forth in California law.

Introduction

The COV is required by current California Labor Law to comply with the Labor Code sections discussed in this manual. Th is responsibility is to be taken seriously by all City employees and contractors.

o As stated in labor code section 1777 , any officer, agent, or representative of the State or of any political subdivision who willfully violates any provision of this article, and any contractor, or subcontractor, or agent or representative thereof, doing public work who neglects to comply with any provision of section 1776 is guilty of a misdemeanor. As defined in 1777.1(e), a willful violation occurs when the individual knew or reasonably should have known their obligation but fails or deliberately refuses to comply.

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o As stated in more detail in section 1777.1 , any contractor or subcontractor found to be in violation of Chapter 1 , Part 7 of the labor code (sections 1720-1861) with intent to defraud will be ineligible to bid on, perform work as a subcontractor on, or be awarded a public works contract for a period of up to 3 years.

o Violations of prevailing wage requirements may be classified as a misdemeanor, a felony and/or can result in significant financial penalties in addition to the requirement to pay or correct any deficiency in wages paid or apprenticeship hours worked. (See labor code section s 1775, 1777.7, 1778, 1779, 1780 and 1814.)

The Labor Commissioner maintains a list of debarred ( ineligible) contractors which will be reviewed by the COV before the award of any public works contract.

Public Works Contracts

1. Types of Contracts to Which Prevailing Wage Requirement s Apply

In addition to projects with prevailing wage requirements imposed upon them by a particular funding source or federal or state law, all public works contracts entered into by the COV will be required to comply with the prevailing wage law set forth in the California Labor C ode (CLC).

Existing law defines “public works” to include , among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds, and street, sewer, or other improvement work done under the direction and supervision or by the authority of an officer or public body of the state, or of any political subdivision or district thereof.

Per section 1771, prevailing wage requirements appl y only to work performed under c ontract and are not applicable to work carried out by a public agency with its own work force. Contracts for maintenance work must comply with prevailing wage requirements.

For a more exhaustive definition of public works contracts, please refer to Labor Code section 1720.

2. Limited Exemption

Section 1782(d)(1) of the Labor Code excludes public works contracts for projects of $25,000 or less for construction work or projects of $15,000 or less for alteration, demolition, repair, or maintenance work from the

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prevailing wage requirements. In accordance with CLC section 1725.5(d)(3), i f the amount of a n exempt contract is changed by an increase in scope, resulting in a public work contract amount that exceeds these exempt amounts, workers employed on the contract from the contract amendment date forward shall be paid the prevailing wage and all public work requirements under CLC shall apply to the project from that date forward.

Also excluded from the requirements of Section 1782 are COV contracts awarded or advertised for bid prior to January 1, 2015. (Labor code sections 1782(f).)

Labor Code section 1720 contains additional specific exemptions that may apply to specific types of projects.

3. Applicable Dates for Enforcement

All public works contracts entered into on or after January 1, 2015 which do not fall under the exclusions in section 2 above, fall under the prevailing wage requirements.

Prevailing Wage Requirements

The sections of California Labor Code addressed in this manual impose three general categories of requirements, contractor registration, prevailing wage/certified payroll records, and apprenticeship.

Contractor Registration

Effective for any bid submitted on or after March 1, 2015 and any contract awarded on or after April 1, 2015 , all contractors must be registered according to the requirements of Labor Code Section 1725.5 to be qualified to bid on, be listed in a bid proposal, or engage in the performance of any public works contract for the COV. The full text of the requirements of Section 1725.5 and its enforcement (Section 1771.1) is included in the attached appendices.

Based upon the definition of a public works contract in Labor Code section 1782(d)(1), specific to charter cities, the requirement for contractor registration does not apply to contracts for projects of $25,000 or less for construction work or projects of $15,000 or less for alteration, demolition, repair, or maintenance work. For the purpose of this section, a project would include all the components of any individual contract, regardless of multiple phases and/or work locations.

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As required by CLC section 1771.1 (b), notice of the requirement for contractor registration shall be included in all bid in vitations 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 in accordance with section 1725.5.

The specific duties of the awarding body (COV) and the contractor/subcontractor in relation to contractor registration are discussed further in their respective sections of this manual.

Prevailing Wage / Certified Payroll Records

Labor code section s 1771 and 1777.5 require the payment of the general prevailing rate of per diem wages for all work on public works projects. Labor code section 1774 also requires the contractor to whom the contract is awarded and any subcontractor under him to pay at least the prevailing wage to all workmen employed on the contract.

As required by labor code section 1776, each contractor and subcontractor must keep accurate 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 him or her in connection with the public work.

A certified copy of each weekly payroll must be furnished directly to the Labor Commissioner as specified in the contract. As stated in 1771.4(a)(3)(B), the records shall be in a format prescribed by the Labor Commissioner. In accordance with CLC section 1776(a), e ach payroll record must contain or be verified by a written declaration, under penalty of perjury that the information contained within is true, correct and complies with the requirement of sections 1771, 1811, and 1815 for any work performed by the contractor’s employees on a public work project.

In addition , th ese payroll records and their supporting documentation must be made available for inspection or copies provided, at all reasonable hours at the principal office of the contractor , to the various authorized parties discussed in labor code section 1776, including, but not limited to, the employee, the COV and the D epartment of Labor Standards Enforcement (DLSE) . Public requests for copies of certified payroll records must be made directly to the COV or the DLSE.

The contractor must inform the COV of the location of the payroll records discussed above and notify the COV within 5 working days of any change in their location. Payroll records and their supporting documentation requested in writing, in accordance with the restrictions of section 1776, must be provided

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within 10 days. Failure to comply within a 10 -day period will result in a penalty of $100 per day for each worker until the records are provided.

The specific duties of the awarding body (COV) and the contractor/subcontractor in relation to prevailing wage and certified payroll records are discussed further in their respective sections of this manual.

Apprentices

As required by CLC section 177 7.5(d), contractors awarded public works contracts who employ workers in any apprenticeable craft or trade in the performance of the contract shall employ apprentices in at least the ratio of one hour of apprentice work for every five hours of journeyman work. In accordance with CLC section 1777.5, apprentices are to be paid the prevailing wage for apprentices in the trade to which they are registered.

Prior to commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (CLC section 1777.5(e).) Contractors should also review the potential applicable exemptions to apprenticeship requirements in Labor Code 1777.5.

Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070 -3098 may be employed at the apprentice wage rate on public works.

The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 ( o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).

The specific duties of the awarding body (COV) and the contractor/subcontractor in relation to apprenticeship requirements are discussed further in their respective sections of this manual.

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Duty of the Awarding Body (COV)

As the awarding body on public works contracts, the COV must comply with various requirements of the California Labor Code (CLC). The project manager and purchasing are responsible for the COV’s compliance with labor law throughout the various stages of a public works project as shown below.

1. Bid/Quote preparation (Purchasing/Project Manager)

2. Bid conference (Purchasing)

3. Contract award (Purchasing)

4. Contract language (Project Manager)

5. Contract administration and compliance monitoring (Purchasing/Project Manager)

1. Bid Preparation (Purchasing/Project Manager)

Contract Language (Purchasing): The COV awards contracts on a competitive basis. The following statements are required by California Labor Code (CLC) to be included in all public work requests for quotes, bids or proposals:

❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the COV. Proof of registration for each contractor and subcontractor listed on the bid is required.

❑ As set forth in CLC section 1771.4 (a)(1), notice is given that this project is and public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.

The following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:

❑ As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the pro visions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections are included herein as attachments to this contract.

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❑ As set forth in CLC section 1735, a contractor must not discriminate in the employment of persons on public work contracts on any basis listed in government code sections 12940, 12926, or 12926.1.

❑ As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

❑ As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

❑ As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.

Contract inclusion and/or attachments (Project Manager): The following item is required to be included either in the body of, as attachments to, or addendums of all public work requests for bids or proposals:

❑ As set forth in CLC section 1773, t he COV shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. In accordance with labor code section 1773.2, t his information is to be included in the bid specifications and in the contract itself.

10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendu m to notify interested bidders o f any change s. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:

http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp

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2. Bid conferences (Purchasing)

❑ Each prospective bidder shall be p rovided a copy of the COV Labor Compliance Manual.

❑ Purchasing shall review the Duty of the Contractor/Subcontractor section of the COV Labor Compliance Manual.

3. Contract Award (Purchasing)

Prior to Award : Before the award of any public works contract, the following items will be verified:

❑ Purchasing will consult the list of ineligible contractors maintained by the Labor Commissioner , according to labor code section s 1741(c) and 1771.1(e), to verify that all contractors and subcontractors listed on the winning bid are eligible to perform work on public works contracts. The list of contractors who are currently barred from participation on public works contracts may be found at: http://www.dir.ca.gov/dlse/debar.html .

❑ Purchasing will confirm the registration of each contractor and subcontractor in compliance with CLC section 1725.5. The confirmation can be completed at: https://efiling.dir.ca.gov/PWCR/Search.action .

After Award : Upon the actual award of a public works contract by the COV, purchasing will complete the following:

❑ As required by labor code section 1773.3(a)(1), w ithin 5 days of the award of a public works contract by the COV, purchasing must provide notice of the award to the Department of Industrial Relations. A DAS form PWC - 100 must be filed on the Department of Industrial Relations website (www.dir.ca.gov/pwc100ext). The registration require s the following information:
o Name of the contractor and any subcontractor listed on the successful bid,
o The bid and contract award dates,
o The contract amount,
o The estimated start and completion dates,
o Job site location.
o Any additional information requested by the Department Industrial Relations.

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4. Contract Preparation (Purchasing/Project Manager)

Language and Inclusions: The following statements and requirements are to be included in all COV public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC).

❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the COV. Proof of registration for each contractor and subcontractor listed on the bid is required.

❑ As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.

❑ As set forth i n CLC section 1771.4(a)(2), the prime contractor is required by the COV t o post job site notices , as prescribed by regulation.

Information on required w orkplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html .

❑ The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.

❑ In accordance with CLC section 1773.2, the contractor is required, by the COV, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.

❑ In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall;

o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.

o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non - compliance as detailed in labor code section 1776.

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o Inform the COV of the location of the payroll records kept in compliance with labor code section 1776 (g) and notify the COV within 5 working days of any change in their location.

❑ The COV will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).

❑ As set forth in labor code section 1775(b), t he following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:

o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the pro visions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.

o As set forth in CLC section 1776, the subcontractor shall m aintain and furnish directly to the Labor Commissioner, bi -weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.

o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

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o As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.

❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

❑ Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070 -3098 may be employed at the apprentice wage rate on public works.

❑ Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)) . In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.

❑ The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).

❑ As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:

o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within or as attachments to the contract.

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o The contractor shall continually monitor a subcontractors use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor.

o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.

o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.

❑ The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the COV.

Contract inclusion and/or attachments : The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:

❑ As set forth in CLC section 1773, the COV shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades.

In accordance with labor code section 1773.2, this information is to be included in the contract itself.

10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:

http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp

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5. Contract Administration and Compliance Monitoring (Purchasing/Project Manager)

Pre-Construction Conference : Project Manager shall meet with the contractor and subcontractor(s) prior to the commencement of work on the project to review the following:

o The COV labor Compliance manual. Project Manager will provide the contractor and subcontractors with copies of the manual as needed.

o The contractor and subcontractor(s) will be given the opportunity to ask questions concerning the contract requirements.

o When a public work contract is below $25,000, and the result of a competitive quote process, the Labor Compliance Manual will be provided as an attachment to the Purchase Order (PO) when issued.

Contract Administration : The project manager will be responsible for the following:

❑ Project manager will confirm the contractor has posted, in accordance with CLC section 1773.2, a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.

❑ Prior to making final payment to any subcontractor(s) for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from each subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.

❑ The project manager will require the prime contractor to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before approving final payment on the contract.

❑ Any complaints received by the project manager alleging noncompliance with prevailing wage or apprenticeship requirements will be forwarded to the purchasing department in writing (email acceptable) by the end of the following business day . Complaints received will not be pursued or discussed with contractors or subcontractors on the project by COV employees.

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❑ Any complaints received by purchasing alleging noncompliance with prevailing wage or apprenticeship requirements will be forwarded to the Department of Labor Standards Enforcement (DLSE) in writing (email acceptable) within 3 business day s. Complaints received will not be pursued or discussed with contractors or subcontractors on the project by COV employees.

❑ The project manager will communicate on a regular basis with the prime contractor.

❑ When visiting the job site, the project manager shall not enter any area that appears unsafe. When entering a construction area, COV personnel are expected to exercise reasonable caution and required to wear hard hats, safety shoes and safety vests at all times.

❑ All authorized COV personnel visiting any COV construction site are required to be properly identified as a COV representative by wearing a visible employee ID badge or identifying themselves as such.

❑ Public requests for certified payroll records must be made directly to the COV or the Department of Labor Standards Enforcement. Upon the receipt of such a request, the project manager will process the request in accordance with CLC section 1776. The COV may charge reasonable fees to reimburse the costs of preparation and reproduction of public requests for certified payroll records in accordance with 1776(b)(3).

❑ The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.

Duty of the Contractor/Subcontractor

Contractor Registration

❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the COV. Proof of registration for each contractor and subcontractor listed on the bid is required.

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Based upon the definition of a public works contract in Labor Code section 1782(d)(1), specific to charter cities, the requirement for contractor registration does not apply to public works contracts for projects of $25,000 or less for construction work or projects of $15,000 or less for alteration, demolition, repair, or maintenance work.

Contractor registration requires a $300 annual fee, worker’s compensation coverage for employees and various certifications of compliance with labor law. Information on contractor registration may be found on the Department of Industrial Relations (DIR) website at:

http://www.dir.ca.gov/Public-Works/PublicWorks.html
https://www.dir.ca.gov/dlse/PublicWorks/SB854FactSheet_6.30.14.pdf

Required Postings for Prevailing Wage Projects

❑ As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the COV to post job site notices, as prescribed by regulation.

Information on required w orkplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html .

❑ In accordance with CLC section 1773.2, the contractor is required, by the COV, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.

Subcontractor Requirements

As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on a COV public works project requiring the payment of prevailing wages:

❑ As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the pro visions of Labor Code sections 1 771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.

❑ As set forth in CLC section 1776, the subcontractor shall m aintain and furnish directly to the Labor Commissioner, bi -weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.

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❑ As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

❑ As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

❑ As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813.

❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

❑ Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070 -3098 may be employed at the apprentice wage rate on public works.

❑ Unless exempted under CLC section 1777.5, a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)) . Unless an exemption applies, i n no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.

❑ The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).

❑ As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 by a subcontractor if the prime contractor complied with the following requirements:

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❑ The contract executed between the contractor and the
subcontractor for the performance of work on the public works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within or as attachments to the contract.

❑ The contractor shall continually monitor a subcontractors use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor.

❑ Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.

❑ Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.

Certified Payroll Records

❑ In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 and all prevailing wage projects, each project contractor and subcontractor shall;

o Maintain and furnish directly to the Labor Commissioner, bi -weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury. Sole owners and partners who work on COV public works contracts must also submit a certified payroll record listing days and hours worked and the trade classification descriptive of the work actually done. The Department of Industrial Relations (DIR) approved form (A-1-131) for this purpose, which includes the certification, may be found at:

http://www.dir.ca.gov/dlse/publicWorksPayrollInstructions.htm

Certified payroll records (CPR’s) required by CLC 1776 may be

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Adopted January 2015/Updated July 2025
maintained electronically as long as the following conditions are met:

• The printouts of electronic data contain the same information as form A-1-131.
• A full copy of the CPR’s submitted for each pay period is kept in the form of a non -modifiable image (including a signed certification) or in paper form.

o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized* parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776.

*Authorized parties include the employee, COV and the DIR. The public may not be given access to the records by the contractor. A request by the public shall be made through the COV or the DIR Department of Labor Standards enforcement (DLSE).

o Inform the COV of the location of the payroll records kept in compliance with labor code section 1776 (g) and notify the COV within 5 working days of any change in their location.

The prime contractor is responsible for Labor Code violations of its subcontractor(s) in accordance with CLC section 1775 – payment of prevailing wages. As required by 1775(c) the Division of labor Standards Enforc ement will notify the contractor on a public works project within 15 days of the receipt of a prevailing wage complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. If a subcontractor on a public works project fails to pay a worker the general prevailing rate of per diem wages, the prime contractor of the project is not liable for any penalties under section 1775 unless the prime contractor had knowledge of that failure or unless the prime contractor fails to comply with all of the following requirements.
❑ As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project requiring payment of prevailing wages shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.

❑ As set forth in CLC section 1776, the subcontractor shall m aintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with

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labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.

❑ As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

❑ As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

❑ As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.

If the COV has not retained sufficient money under the contract to satisfy a civil wage and penalty assessment issued by the Labor Commissioner against a subcontractor, the contractor shall withhold sufficient money due to the subcontractor in accordance with CLC section 1727. Money withheld will be transferred to the awarding body and shall not be disbursed until receipt of a final order by the Labor Commissioner that is no longer subject to judicial review.

If all contract payments have been made to the contractor and subcontractor, under CLC section 1743, the contractor and subcontractor are jointly liable for all amounts due under a final order or judgment to satisfy a civil wage penalty assessment. The Labor Commissioner must first exhaust all reasonable remedies to collect the amount due from the subcontractor before pursuing the claim against the contractor.

Apprenticeship Requirements

❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

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❑ Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070 -3098 may be employed at the apprentice wage rate on public works.

❑ Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)) . Unless an exemption applies, i n no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.

The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000). As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:

❑ The contract executed between the contractor and the
subcontractor for the performance of work on the public works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813 and 1815.

❑ The contractor shall continually monitor a subcontractors use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor.

❑ Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.

❑ Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.

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Other Requirements

❑ The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the COV.

This affidavit must be provided to the COV prior to the release of retention to the contractor.

❑ As set forth in CLC section 1735, a contractor must not discriminate in the employment of persons on public work contracts on any basis listed in government code sections 12940, 12926, or 12926.1.

❑ As set forth in CLC 1777.6, an employer or labor union shall not refuse to accept otherwise qualified employees as registered apprentices on any public works on any basis listed in government codes sections 12940, 12926, or 12926.1 except as provided in Labor Code section 3077 and Government Code section 12940.

Project Closeout and Recordkeeping

The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3 -year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding.

Some funding sources require an extended time period for records retention.

24 Appendix A – CLC 96.7
Appendix A – Labor Code section 96.7

LABOR CODE
SECTION 96.7

96.7. The Labor Commissioner, after
investigation and upon determination that
wages or monetary benefits are due and
unpaid to any worker in the State of
California, may collect such wages or benefits
on behalf of the worker without assignment of
such wages or benefits to the commissioner.
(a) The Labor Commissioner shall act as
trustee of all such collected unpaid wages or
benefits, and shall deposit such collected
moneys in the Industrial Relations Unpaid
Wage Fund.
(b) The Labor Commissioner shall make a
diligent search to locate any worker for whom
the Labor Commissioner has collected unpaid
wages or benefits.
(c) All wages or benefits collected under this
section shall be remitted to the worker, his
lawful representative, or to any trust or
custodial fund established under a plan to
provide health and welfare, pension, vacation,
retirement, or similar benefits from the
Industrial Relations Unpaid Wage Fund.
(d) Any unpaid wages or benefits collected
by the Labor Commissioner pursuant to this
section shall be retained in the Industrial
Relations Unpaid Wage Fund until remitted
pursuant to subdivision (c), or until deposited
in the General Fund.
(e) The Controller shall, at the end of each
fiscal year, transfer to the General Fund the
unencumbered balance, less six months of
expenditures as determined by the Director of
Finance, in the Industrial Relations Unpaid
Wage Fund.
(f) All wages or benefits collected under this
section which cannot be remitted from the
Industrial Relations Unpaid Wage Fund
pursuant to subdivision (c) because money
has been transmitted to the General Fund
shall be paid out of the General Fund from
funds appropriated for that purpose.

The California Labor law above was found at:
http://www.leginfo.ca.gov/calaw.html

25 Appendix B – CLC 1720-1743
Appendix B – Labor Code Section 1720-1743

LABOR CODE
SECTION 1720-1743

1720. (a) As used in this chapter, "public
works" means:
(1) Construction, alteration, demolition,
installation, or repair work done under
contract and paid for in whole or in part out of
public funds, except work done directly by
any public utility company pursuant to order
of the Public Utilities Commission or other
public authority. For purposes of this
paragraph, "construction" includes work
performed during the design and
preconstruction phases of construction,
including, but not limited to, inspection and
land surveying work, and work performed
during the postconstruction phases of
construction, including, but not limited to, all
cleanup work at the jobsite. For purposes of
this paragraph, "installation" includes, but is
not limited to, the assembly and disassembly
of freestanding and affixed modular office
systems.
(2) Work done for irrigation, utility,
reclamation, and improvement districts, and
other districts of this type. "Public work" does
not include the operation of the irrigation or
drainage system of any irrigation or
reclamation district, except as used in Section
1778 relating to retaining wages.
(3) Street, sewer, or other improvement
work done under the direction and
supervision or by the authority of any officer
or public body of the state, or of any political
subdivision or district thereof, whether the
political subdivision or district operates
under a freeholder's charter or not.
(4) The laying of carpet done under a
building lease-maintenance contract and paid
for out of public funds.
(5) The laying of carpet in a public building
done under contract and paid for in whole or
in part out of public funds.
(6) Public transportation demonstration
projects authorized pursuant to Section 143
of the Streets and Highways Code.
(7) (A) Infrastructure project grants from
the California Advanced Services Fund
pursuant to Section 281 of the Public Utilities
Code.
(B) For purposes of this paragraph, the
Public Utilities Commission is not the
awarding body or the body awarding the
contract, as defined in Section 1722.
(b) For purposes of this section, "paid for in
whole or in part out of public funds" means all
of the following:
(1) The payment of money or the equivalent
of money by the state or political subdivision
directly to or on behalf of the public works
contractor, subcontractor, or developer.
(2) Performance of construction work by the
state or political subdivision in execution of
the project.
(3) Transfer by the state or political
subdivision of an asset of value for less than
fair market price.
(4) Fees, costs, rents, insurance or bond
premiums, loans, interest rates, or other
obligations that would normally be required
in the execution of the contract, that are paid,
reduced, charged at less than fair market
value, waived, or forgiven by the state or
political subdivision.
(5) Money loaned by the state or political
subdivision that is to be repaid on a
contingent basis.
(6) Credits that are applied by the state or
political subdivision against repayment
obligations to the state or political
subdivision.
(c) Notwithstanding subdivision (b):
(1) Private residential projects built on
private property are not subject to the
requirements of this chapter unless the
projects are built pursuant to an agreement
with a state agency, redevelopment agency, or
local public housing authority.
(2) If the state or a political subdivision
requires a private developer to perform
construction, alteration, demolition,
installation, or repair work on a public work
of improvement as a condition of regulatory
approval of an otherwise private development

26 Appendix B – CLC 1720-1743
project, and the state or political subdivision
contributes no more money, or the equivalent
of money, to the overall project than is
required to perform this public improvement
work, and the state or political subdivision
maintains no proprietary interest in the
overall project, then only the public
improvement work shall thereby become
subject to this chapter.
(3) If the state or a political subdivision
reimburses a private developer for costs that
would normally be borne by the public, or
provides directly or indirectly a public
subsidy to a private development project that
is de minimis in the context of the project, an
otherwise private development project shall
not thereby become subject to the
requirements of this chapter.
(4) The construction or rehabilitation of
affordable housing units for low- or
moderate-income persons pursuant to
paragraph (5) or (7) of subdivision (e) of
Section 33334.2 of the Health and Safety Code
that are paid for solely with moneys from the
Low and Moderate Income Housing Fund
established pursuant to Section 33334.3 of
the Health and Safety Code or that are paid for
by a combination of private funds and funds
available pursuant to Section 33334.2 or
33334.3 of the Health and Safety Code do not
constitute a project that is paid for in whole or
in part out of public funds.
(5) Unless otherwise required by a public
funding program, the construction or
rehabilitation of privately owned residential
projects is not subject to the requirements of
this chapter if one or more of the following
conditions are met:
(A) The project is a self-help housing project
in which no fewer than 500 hours of
construction work associated with the homes
are to be performed by the home buyers.
(B) The project consists of rehabilitation or
expansion work associated with a facility
operated on a not-for-profit basis as
temporary or transitional housing for
homeless persons with a total project cost of
less than twenty-five thousand dollars
($25,000).
(C) Assistance is provided to a household as
either mortgage assistance, downpayment
assistance, or for the rehabilitation of a single-
family home.
(D) The project consists of new construction,
expansion, or rehabilitation work associated
with a facility developed by a nonprofit
organization to be operated on a not-for-
profit basis to provide emergency or
transitional shelter and ancillary services and
assistance to homeless adults and children.

The nonprofit organization operating the
project shall provide, at no profit, not less
than 50 percent of the total project cost from
nonpublic sources, excluding real property
that is transferred or leased. Total project cost
includes the value of donated labor, materials,
architectural, and engineering services.
(E) The public participation in the project
that would otherwise meet the criteria of
subdivision (b) is public funding in the form of
below-market interest rate loans for a project
in which occupancy of at least 40 percent of
the units is restricted for at least 20 years, by
deed or regulatory agreement, to individuals
or families earning no more than 80 percent
of the area median income.
(d) Notwithstanding any provision of this
section to the contrary, the following projects
shall not, solely by reason of this section, be
subject to the requirements of this chapter:
(1) Qualified residential rental projects, as
defined by Section 142(d) of the Internal
Revenue Code, financed in whole or in part
through the issuance of bonds that receive
allocation of a portion of the state ceiling
pursuant to Chapter 11.8 (commencing with
Section 8869.80) of Division 1 of Title 2 of the
Government Code on or before December 31,
2003.
(2) Single-family residential projects
financed in whole or in part through the
issuance of qualified mortgage revenue bonds
or qualified veterans' mortgage bonds, as
defined by Section 143 of the Internal
Revenue Code, or with mortgage credit
certificates under a Qualified Mortgage Credit
Certificate Program, as defined by Section 25
of the Internal Revenue Code, that receive
allocation of a portion of the state ceiling
pursuant to Chapter 11.8 (commencing with
Section 8869.80) of Division 1 of Title 2 of the
Government Code on or before December 31,
2003.
(3) Low-income housing projects that are
allocated federal or state low-income housing
tax credits pursuant to Section 42 of the
Internal Revenue Code, Chapter 3.6
(commencing with Section 50199.4) of Part 1
of Division 31 of the Health and Safety Code,
or Section 12206, 17058, or 23610.5 of the

27 Appendix B – CLC 1720-1743
Revenue and Taxation Code, on or before
December 31, 2003.
(e) If a statute, other than this section, or a
regulation, other than a regulation adopted
pursuant to this section, or an ordinance or a
contract applies this chapter to a project, the
exclusions set forth in subdivision (d) do not
apply to that project.
(f) For purposes of this section, references to
the Internal Revenue Code mean the Internal
Revenue Code of 1986, as amended, and
include the corresponding predecessor
sections of the Internal Revenue Code of 1954,
as amended.
(g) The amendments made to this section by
either Chapter 938 of the Statutes of 2001 or
the act adding this subdivision shall not be
construed to preempt local ordinances
requiring the payment of prevailing wages on
housing projects.

1720.2. For the limited purposes of Article 2
(commencing with Section 1770) of this
chapter, "public works" also means any
construction work done under private
contract when all of the following conditions
exist:
(a) The construction contract is between
private persons.
(b) The property subject to the construction
contract is privately owned, but upon
completion of the construction work, more
than 50 percent of the assignable square feet
of the property is leased to
the state or a political subdivision for its use.
(c) Either of the following conditions exist:
(1) The lease agreement between the lessor
and the state or political subdivision, as
lessee, was entered into prior to the
construction contract.
(2) The construction work is performed
according to plans, specifications, or criteria
furnished by the state or political subdivision,
and the lease agreement between the lessor
and the state or political subdivision, as
lessee, is entered into during, or upon
completion of, the construction work.

1720.3. (a) For the limited purposes of Article
2 (commencing with Section 1770), "public
works" also means the hauling of refuse from
a public works site to an outside disposal
location, with respect to contracts involving
any state agency, including the California
State University and the University of
California, or any political subdivision of the
state.
(b) For purposes of this section, the "hauling
of refuse" includes, but is not limited to,
hauling soil, sand, gravel, rocks, concrete,
asphalt, excavation materials, and
construction debris. The "hauling of refuse"
shall not include the hauling of recyclable
metals such as copper, steel, and aluminum
that have been separated from other
materials at the jobsite prior to transportation
and that are to be sold at fair market value to
a bona fide purchaser.

1720.4. (a) This chapter shall not apply to any
of the following work:
(1) Any work performed by a volunteer. For
purposes of this section, "volunteer" means an
individual who performs work for civic,
charitable, or humanitarian reasons for a
public agency or corporation qualified under
Section 501(c)(3) of the Internal Revenue
Code as a tax-exempt organization, without
promise, expectation, or receipt of any
compensation for work performed.
(A) An individual shall be considered a
volunteer only when his or her services are
offered freely and without pressure and
coercion, direct or implied, from an employer.
(B) An individual may receive reasonable
meals, lodging, transportation, and incidental
expenses or nominal nonmonetary awards
without losing volunteer status if, in the entire
context of the situation, those benefits and
payments are not a substitute form of
compensation for work performed.
(C) An individual shall not be considered a
volunteer if the person is otherwise employed
for compensation at any time (i) in the
construction, alteration, demolition,
installation, repair, or maintenance work on
the same project, or (ii) by a contractor, other
than a corporation qualified under Section
501(c)(3) of the Internal Revenue Code as a
tax-exempt organization, that receives
payment to perform construction, alteration,
demolition, installation, repair, or
maintenance work on the same project.
(2) Any work performed by a volunteer
coordinator. For purposes of this section,
"volunteer coordinator" means an individual
paid by a corporation qualified under Section

28 Appendix B – CLC 1720-1743
501(c)(3) of the Internal Revenue Code as a
tax-exempt organization, to oversee or
supervise volunteers. An individual may be
considered a volunteer coordinator even if the
individual performs some nonsupervisory
work on a project alongside the volunteers, so
long as the individual's primary responsibility
on the project is to oversee or supervise the
volunteers rather than to perform
nonsupervisory work.
(3) Any work performed by the California
Conservation Corps or by Community
Conservation Corps certified by the California
Conservation Corps pursuant to Section
14507.5 of the Public Resources Code.
(b) This section shall apply retroactively to
otherwise covered work concluded on or after
January 1, 2002, to the extent permitted by
law.
(c) This section shall remain in effect only
until January 1, 2017, and as of that date is
repealed, unless a later enacted statute, which
is enacted before January 1, 2017, deletes or
extends that date.

1720.6. For the limited purposes of Article 2
(commencing with Section 1770) of this
chapter, "public work" also means any
construction, alteration, demolition,
installation, or repair work done under
private contract when the following
conditions exist:
(a) The work is performed in connection
with the construction or maintenance of
renewable energy generating capacity or
energy efficiency improvements.
(b) The work is performed on the property
of the state or a political subdivision of the
state.
(c) Either of the following conditions exists:
(1) More than 50 percent of the energy
generated is purchased or will be purchased
by the state or a political subdivision of the
state.
(2) The energy efficiency improvements are
primarily intended to reduce energy costs
that would otherwise be incurred by the state
or a political subdivision of the state.

1721. "Political subdivision" includes any
county, city, district, public housing authority,
or public agency of the state, and assessment
or improvement districts.

1722. "Awarding body" or "body awarding
the contract" means department, board,
authority, officer or agent awarding a contract
for public work.

1722.1. For the purposes of this chapter,
"contractor" and "subcontractor" include a
contractor, subcontractor, licensee, officer,
agent, or representative thereof, acting in that
capacity, when working on public works
pursuant to this article and Article 2
(commencing with Section 1770).

1723. "Worker" includes laborer, worker, or
mechanic.

1724. "Locality in which public work is
performed" means the county in which the
public work is done in cases in which the
contract is awarded by the State, and means
the limits of the political subdivision on
whose behalf the contract is awarded in other
cases.

1725. "Alien" means any person who is not a
born or fully naturalized citizen of the United
States.

1725.5. A contractor 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 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
three hundred dollars ($300) to qualify for
registration under this section and an annual
renewal fee on or before July 1 of each year
thereafter. The annual renewal fee shall be in

29 Appendix B – CLC 1720-1743
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
contractor 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 contractor is licensed in
accordance with Chapter 9 (commencing with
Section 7000) of the Business and Professions
Code.
(C) The contractor 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 work
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

30 Appendix B – CLC 1720-1743
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.

1726. (a) The body awarding the contract for
public work shall take cognizance of
violations of this chapter committed in the
course of the execution of the contract, and
shall promptly report any suspected
violations to the Labor Commissioner.
(b) If the awarding body determines as a
result of its own investigation that there has
been a violation of this chapter and withholds
contract payments, the procedures in Section
1771.6 shall be followed.
(c) A contractor may bring an action in a
court of competent jurisdiction to recover
from an awarding body the difference
between the wages - paid to an employee and
the wages that were required to be paid to an
employee under this chapter, any penalties
required to be paid under this chapter, and
costs and attorney's fees related to this action,
if either of the following is true:
(1) The awarding body previously
affirmatively represented to the contractor in
writing, in the call for bids, or otherwise, that
the work to be covered by the bid or contract
was not a "public work," as defined in this
chapter.
(2) The awarding body received actual
written notice from the Department of
Industrial Relations that the work to be
covered by the bid or contract is a "public
work," as defined in this chapter, and failed to
disclose that information to the contractor
before the bid opening or awarding of the
contract.

1727. (a) Before making payments to the
contractor of money due under a contract for
public work, the awarding body shall
withhold and retain therefrom all amounts
required to satisfy any civil wage and penalty
assessment issued by the Labor
Commissioner under this chapter. The
amounts required to satisfy a civil wage and
penalty assessment shall not be disbursed by
the awarding body until receipt of a final
order that is no longer subject to judicial
review.
(b) If the awarding body has not retained
sufficient money under the contract to satisfy
a civil wage and penalty assessment based on
a subcontractor's violations, the contractor
shall, upon the request of the Labor
Commissioner, withhold sufficient money due
the subcontractor under the contract to
satisfy the assessment and transfer the money
to the awarding body. These amounts shall
not be disbursed by the awarding body until
receipt of a final order that is no longer
subject to judicial review.

1728. In cases of contracts with assessment
or improvement districts where full payment
is made in the form of a single warrant, or
other evidence of full payment, after
completion and acceptance of the work, the
awarding body shall accept from the
contractor in cash a sum equal to, and in lieu
of, any amount required to be withheld,
retained, or forfeited under the provisions of
this section, and said awarding body shall
then release the final warrant or payment in
full.

1729. It shall be lawful for any contractor to
withhold from any subcontractor under him
sufficient sums to cover any penalties
withheld from him by the awarding body on
account of the subcontractor's failure to
comply with the terms of this chapter, and if
payment has already been made to the
subcontractor the contractor may recover
from him the amount of the penalty or
forfeiture in a suit at law.

1730. The Director of Industrial Relations
shall post a list of every California code
section and the language of those sections
that relate to the prevailing rate of per diem
wage requirements for workers employed on
a public work project on the Internet Web site
of the Department of Industrial Relations on
or before June 1, 2013, and shall update that
list each February 1 thereafter.

1734. Any court collecting any fines or
penalties under the criminal provisions of this

31 Appendix B – CLC 1720-1743
chapter or any of the labor laws pertaining to
public works shall as soon as practicable after
the receipt thereof deposit same with the
county treasurer of the county in which such
court is situated. Amounts so deposited shall
be paid at least once a month by warrant of
the county auditor drawn upon requisition of
the judge or clerk of said court, to the State
Treasurer for deposit in the General Fund.

1735. A contractor shall not discriminate in
the employment of persons upon public
works on any basis listed in subdivision (a) of
Section 12940 of the Government Code, as
those bases are defined in Sections 12926 and
12926.1 of the Government Code, except as
otherwise provided in Section 12940 of the
Government Code. Every contractor for public
works who violates this section is subject to
all the penalties imposed for a violation of this
chapter.

1736. During any investigation conducted
under this part, the Division of Labor
Standards Enforcement shall keep
confidential the name of any employee who
reports a violation of this chapter and any
other information that may identify the
employee.

1740. Notwithstanding any other provision of
this chapter or any other law of this State,
except limitations imposed by the
Constitution, the legislative body of a political
subdivision which has received or is to
receive a loan or grant of funds from the
Federal Government or a federal department
or agency for public works of that political
subdivision, may provide in its call for bids in
connection with such public works that all bid
specifications and contracts and other
procedures in connection with bids or
contracts shall be subject to modification to
comply with revisions in federal minimum
wage schedules without the necessity of
republication or duplication of other formal
statutory requirements.

1741. (a) If the Labor Commissioner or his or
her designee determines after an
investigation that there has been a violation of
this chapter, the Labor Commissioner shall
with reasonable promptness issue a civil wage
and penalty assessment to the contractor or
subcontractor, or both. The assessment shall
be in writing, shall describe the nature of the
violation and the amount of wages, penalties,
and forfeitures due, and shall include the basis
for the assessment. The assessment shall be
served not later than 18 months after the
filing of a valid notice of completion in the
office of the county recorder in each county in
which the public work or some part thereof
was performed, or not later than 18 months
after acceptance of the public work,
whichever occurs last. Service of the
assessment shall be completed pursuant to
Section 1013 of the Code of Civil Procedure by
first-class and certified mail to the contractor,
subcontractor, and awarding body. The
assessment shall advise the contractor and
subcontractor of the procedure for obtaining
review of the assessment. The Labor
Commissioner shall, to the extent practicable,
ascertain the identity of any bonding company
issuing a bond that secures the payment of
wages covered by the assessment and any
surety on a bond, and shall serve a copy of the
assessment by certified mail to the bonding
company or surety at the same time service is
made to the contractor, subcontractor, and
awarding body. However, no bonding
company or surety shall be relieved of its
responsibilities because it failed to receive
notice from the Labor Commissioner.
(b) Interest shall accrue on all due and
unpaid wages at the rate described in
subdivision (b) of Section 3289 of the Civil
Code. The interest shall accrue from the date
that the wages were due and payable, as
provided in Part 7 (commencing with Section
1720) of Division 2, until the wages are paid.
(c) (1) The Labor Commissioner shall
maintain a public list of the names of each
contractor and subcontractor who has been
found to have committed a willful violation of
Section 1775 or to whom a final order, which
is no longer subject to judicial review, has
been issued.
(2) The list shall include the date of each
assessment, the amount of wages and
penalties assessed, and the amount collected.
(3) The list shall be updated at least
quarterly, and the contractor's or
subcontractor's name shall remain on that list
until the assessment is satisfied, or for a

32 Appendix B – CLC 1720-1743
period of three years beginning from the date
of the issuance of the assessment, whichever
is later.

1741.1. (a) The period for service of
assessments shall be tolled for the period of
time required by the Director of Industrial
Relations to determine whether a project is a
public work, including a determination on
administrative appeal, if applicable, pursuant
to subdivisions (b) and (c) of Section 1773.5.

The period for service of assessments shall
also be tolled for the period of time that a
contractor or subcontractor fails to provide in
a timely manner certified payroll records
pursuant to a request from the Labor
Commissioner or a joint labor-management
committee under Section 1776, or an
approved labor compliance program under
Section 1771.5 or 1771.7.
(b) (1) The body awarding the contract for
public work shall furnish, within 10 days after
receipt of a written request from the Labor
Commissioner, a copy of the valid notice of
completion for the public work filed in the
office of the county recorder, or a document
evidencing the awarding body's acceptance of
the public work on a particular date,
whichever occurs later, by first-class mail
addressed to the office of the Labor
Commissioner that is listed on the written
request. If, at the time of receipt of the Labor
Commissioner's written request, a valid notice
of completion has not been filed by the
awarding body in the office of the county
recorder and there is no document evidencing
the awarding body's acceptance of the public
work on a particular date, the awarding body
shall so notify the office of the Labor
Commissioner that is listed on the written
request. Thereafter, the awarding body shall
furnish copies of the applicable document
within 10 days after filing a valid notice of
completion with the county recorder's office,
or within 10 days of the awarding body's
acceptance of the public work on a particular
date.
(2) If the awarding body fails to timely
furnish the Labor Commissioner with the
documents identified in paragraph (1), the
period for service of assessments under
Section 1741 shall be tolled until the Labor
Commissioner's actual receipt of the valid
notice of completion for the public work or a
document evidencing the awarding body's
acceptance of the public work on a particular
date.
(c) The tolling provisions in this section shall
also apply to the period of time for
commencing an action brought by a joint
labor-management committee pursuant to
Section 1771.2.

1742. (a) An affected contractor or
subcontractor may obtain review of a civil
wage and penalty assessment under this
chapter by transmitting a written request to
the office of the Labor Commissioner that
appears on the assessment within 60 days
after service of the assessment. If no hearing
is requested within 60 days after service of
the assessment, the assessment shall become
final.
(b) Upon receipt of a timely request, a
hearing shall be commenced within 90 days
before the director, who shall appoint an
impartial hearing officer possessing the
qualifications of an administrative law judge
pursuant to subdivision (b) of Section 11502
of the Government Code. The appointed
hearing officer shall be an employee of the
department, but shall not be an employee of
the Division of Labor Standards Enforcement.

The contractor or subcontractor shall be
provided an opportunity to review evidence
to be utilized by the Labor Commissioner at
the hearing within 20 days of the receipt of
the written request for a hearing. Any
evidence obtained by the Labor Commissioner
subsequent to the 20-day cutoff shall be
promptly disclosed to the contractor or
subcontractor. The contractor or
subcontractor shall have the burden of
proving that the basis for the civil wage and
penalty assessment is incorrect. The
assessment shall be sufficiently detailed to
provide fair notice to the contractor or
subcontractor of the issues at the hearing.

Within 45 days of the conclusion of the
hearing, the director shall issue a written
decision affirming, modifying, or dismissing
the assessment. The decision of the director
shall consist of a notice of findings, findings,
and an order. This decision shall be served on
all parties and the awarding body pursuant to
Section 1013 of the Code of Civil Procedure by
first-class mail at the last known address of
the party on file with the Labor

33 Appendix B – CLC 1720-1743
Commissioner. Within 15 days of the issuance
of the decision, the director may reconsider or
modify the decision to correct an error, except
that a clerical error may be corrected at any
time. The director shall adopt regulations
setting forth procedures for hearings under
this subdivision.
(c) An affected contractor or subcontractor
may obtain review of the decision of the
director by filing a petition for a writ of
mandate to the appropriate superior court
pursuant to Section 1094.5 of the Code of Civil
Procedure within 45 days after service of the
decision. If no petition for writ of mandate is
filed within 45 days after service of the
decision, the order shall become final. If it is
claimed in a petition for writ of mandate that
the findings are not supported by the
evidence, abuse of discretion is established if
the court determines that the findings are not
supported by substantial evidence in the light
of the whole record.
(d) A certified copy of a final order may be
filed by the Labor Commissioner in the office
of the clerk of the superior court in any county
in which the affected contractor or
subcontractor has property or has or had a
place of business. The clerk, immediately
upon the filing, shall enter judgment for the
state against the person assessed in the
amount shown on the certified order.
(e) A judgment entered pursuant to this
section shall bear the same rate of interest
and shall have the same effect as other
judgments and shall be given the same
preference allowed by law on other
judgments rendered for claims for taxes. The
clerk shall not charge for the service
performed by him or her pursuant to this
section.
(f) An awarding body that has withheld
funds in response to a civil wage and penalty
assessment under this chapter shall, upon
receipt of a certified copy of a final order that
is no longer subject to judicial review,
promptly transmit the withheld funds, up to
the amount of the certified order, to the Labor
Commissioner.
(g) This section shall provide the exclusive
method for review of a civil wage and penalty
assessment by the Labor Commissioner under
this chapter or the decision of an awarding
body to withhold contract payments pursuant
to Section 1771.5.

1742.1. (a) After 60 days following the
service of a civil wage and penalty assessment
under Section 1741 or a notice of withholding
under subdivision (a) of Section 1771.6, the
affected contractor, subcontractor, and surety
on a bond or bonds issued to secure the
payment of wages covered by the assessment
or notice shall be liable for liquidated
damages in an amount equal to the wages, or
portion thereof, that still remain unpaid. If the
assessment or notice subsequently is
overturned or modified after administrative
or judicial review, liquidated damages shall be
payable only on the wages found to be due
and unpaid. Additionally, if the contractor or
subcontractor demonstrates to the
satisfaction of the director that he or she had
substantial grounds for appealing the
assessment or notice with respect to a portion
of the unpaid wages covered by the
assessment or notice, the director may
exercise his or her discretion to waive
payment of the liquidated damages with
respect to that portion of the unpaid wages.

Any liquidated damages shall be distributed
to the employee along with the unpaid wages.

Section 203.5 shall not apply to claims for
prevailing wages under this chapter.
(b) Notwithstanding subdivision (a), there
shall be no liability for liquidated damages if
the full amount of the assessment or notice,
including penalties, has been deposited with
the Department of Industrial Relations, within
60 days following service of the assessment or
notice, for the department to hold in escrow
pending administrative and judicial review.

The department shall release such funds, plus
any interest earned, at the conclusion of all
administrative and judicial review to the
persons and entities who are found to be
entitled to such funds.
(c) The Labor Commissioner shall, upon
receipt of a request from the affected
contractor or subcontractor within 30 days
following the service of a civil wage and
penalty assessment under Section 1741,
afford the contractor or subcontractor the
opportunity to meet with the Labor
Commissioner or his or her designee to
attempt to settle a dispute regarding the
assessment without the need for formal
proceedings. The awarding body shall, upon
receipt of a request from the affected
contractor or subcontractor within 30 days

34 Appendix B – CLC 1720-1743
following the service of a notice of
withholding under subdivision (a) of Section
1771.6, afford the contractor or subcontractor
the opportunity to meet with the designee of
the awarding body to attempt to settle a
dispute regarding the notice without the need
for formal proceedings. The settlement
meeting may be held in person or by
telephone and shall take place before the
expiration of the 60-day period for seeking
administrative review. No evidence of
anything said or any admission made for the
purpose of, in the course of, or pursuant to,
the settlement meeting is admissible or
subject to discovery in any administrative or
civil proceeding. No writing prepared for the
purpose of, in the course of, or pursuant to,
the settlement meeting, other than a final
settlement agreement, is admissible or subject
to discovery in any administrative or civil
proceeding. The assessment or notice shall
advise the contractor or subcontractor of the
opportunity to request a settlement meeting.
(d) This section shall become operative on
January 1, 2007.

1743. (a) The contractor and subcontractor
shall be jointly and severally liable for all
amounts due pursuant to a final order under
this chapter or a judgment thereon. The Labor
Commissioner shall first exhaust all
reasonable remedies to collect the amount
due from the subcontractor before pursuing
the claim against the contractor.
(b) From the amount collected, the wage
claim shall be satisfied prior to the amount
being applied to penalties. If insufficient
money is recovered to pay each worker in full,
the money shall be prorated among all
workers.
(c) Wages for workers who cannot be
located shall be placed in the Industrial
Relations Unpaid Wage Fund and held in trust
for the workers pursuant to Section 96.7.

Penalties shall be paid into the General Fund.
(d) A final order under this chapter or a
judgment thereon shall be binding, with
respect to the amount found to be due, on a
bonding company issuing a bond that secures
the payment of wages and a surety on a bond.

The limitations period of any action on a
payment bond shall be tolled pending a final
order that is no longer subject to judicial
review.

The California Labor law above was found at:
http://www.leginfo.ca.gov/calaw.html

35 Appendix C – CLC 1770-1784
Appendix C – Labor Code Section 1770-1784

LABOR CODE
SECTION 1770-1784

1770. The Director of the Department of
Industrial Relations shall determine the
general prevailing rate of per diem wages in
accordance with the standards set forth in
Section 1773, and the director's
determination in the matter shall be final
except as provided in Section 1773.4. Nothing
in this article, however, shall prohibit the
payment of more than the general prevailing
rate of wages to any workman employed on
public work. Nothing in this act shall permit
any overtime work in violation of Article 3 of
this chapter.

1771. Except for public works projects of one
thousand dollars ($1,000) or less, not less
than the general prevailing rate of per diem
wages for work of a similar character in the
locality in which the public work is
performed, and not less than the general
prevailing rate of per diem wages for holiday
and overtime work fixed as provided in this
chapter, shall be paid to all workers employed
on public works. This section is applicable
only to work performed under contract, and is
not applicable to work carried out by a public
agency with its own forces. This section is
applicable to contracts let for maintenance
work.

1771.1. (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

36 Appendix C – CLC 1770-1784
requirements of Section 1725.5 or this
section.
(g) 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.

1771.2. (a) A joint labor-management
committee established pursuant to the federal
Labor Management Cooperation Act of 1978
(29 U.S.C. Sec. 175a) may bring an action in
any court of competent jurisdiction against an
employer that fails to pay the prevailing wage
to its employees, as required by this article.

This action shall be commenced not later than
18 months after the filing of a valid notice of
completion in the office of the county
recorder in each county in which the public
work or some part thereof was performed, or
not later than 18 months after acceptance of
the public work, whichever occurs last.
(b) (1) In an action brought pursuant to this
section, the court shall award restitution to an
employee for unpaid wages, plus interest,
under Section 3289 of the Civil Code from the
date that the wages became due and payable,
and liquidated damages equal to the amount
of unpaid wages owed, and may impose civil
penalties, only against an employer that failed
to pay the prevailing wage to its employees, in
accordance with Section 1775, injunctive
relief, or any other appropriate form of
equitable relief. The court shall follow the
same standards and have the same discretion
in setting the amount of penalties as are
provided by subdivision (a) of Section 1775.

The court shall award a prevailing joint labor-
management committee its reasonable
attorney's fees and costs incurred in
maintaining the action, including expert
witness fees.
(2) An action pursuant to this section shall
not be based on the employer's
misclassification of the craft of a worker in its
certified payroll records.
(3) Liquidated damages shall be awarded
only if the complaint alleges with specificity
the wages due and unpaid to the individual
workers, including how that amount was
calculated, and the defendant fails to pay the
wages, deposit that amount with the court to
be held in escrow, or provide proof to the
court of an adequate surety bond to cover the
wages, within 60 days of service of the
complaint. Liquidated damages shall be
awarded only on the wages found to be due
and unpaid. Additionally, if the defendant
demonstrates to the satisfaction of the court
that the defendant had substantial grounds
for contesting that a portion of the allegedly
unpaid wages were owed, the court may
exercise its discretion to waive the payment of
the liquidated damages with respect to that
portion of the unpaid wages.
(4) This subdivision does not limit any other
available remedies for a violation of this
chapter.

1771.3. (a) The State Public Works
Enforcement Fund is hereby created as a
special fund in the State Treasury to be
available upon appropriation of the
Legislature. All registration fees collected
pursuant to Section 1725.5 and any other
moneys as are designated by statute or order
shall be deposited in the fund for the purposes
specified in subdivision (b).
(b) Moneys in the State Public Works
Enforcement Fund shall be used only for the
following purposes:
(1) The reasonable costs of administering
the registration of contractors and
subcontractors to perform public work
pursuant to Section 1725.5.
(2) The costs and obligations associated
with the administration and enforcement of
the requirements of this chapter by the
Department of Industrial Relations.
(3) The monitoring and enforcement of any
requirement of this code by the Labor
Commissioner on a public works project or in
connection with the performance of public
work as defined pursuant to this chapter.
(c) The annual contractor registration
renewal fee specified in subdivision (a) of
Section 1725.5, and any adjusted application
or renewal fee, shall be set in amounts that
are sufficient to support the annual
appropriation approved by the Legislature for
the State Public Works Enforcement Fund and
not result in a fund balance greater than 25
percent of the appropriation. Any yearend
balance in the fund greater than 25 percent of
the appropriation shall be applied as a credit
when determining any fee adjustments for the
subsequent fiscal year. (d) To provide
adequate cashflow for the purposes specified
in subdivision (b), the Director of Finance,

37 Appendix C – CLC 1770-1784
with the concurrence of the Secretary of the
Labor and Workforce Development Agency,
may approve a short-term loan each fiscal
year from the Labor and Workforce
Development Fund to the State Public Works
Enforcement Fund.
(1) The maximum amount of the annual
loan allowable may be up to, but shall not
exceed 50 percent of the appropriation
authority of the State Public Works
Enforcement Fund in the same year in which
the loan was made.
(2) For the purposes of this section, a "short-
term loan" is a transfer that is made subject to
both of the following conditions:
(A) Any amount loaned is to be repaid in full
during the same fiscal year in which the loan
was made, except that repayment may be
delayed until a date not more than 30 days
after the date of enactment of the annual
Budget Act for the subsequent fiscal year.
(B) Loans shall be repaid whenever the
funds are needed to meet cash expenditure
needs in the loaning fund or account.

1771.4. (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) Each contractor and subcontractor shall
furnish the records specified in Section 1776
directly to the Labor Commissioner, in the
following manner:
(A) At least monthly or more frequently if
specified in the contract with the awarding
body.
(B) In a format prescribed by the Labor
Commissioner.
(4) 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)
of this section 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.
(2) The requirements of paragraph (3) of
subdivision (a) shall only apply to the
following projects:
(A) Projects that were subject to a
requirement to furnish records to the
Compliance Monitoring Unit pursuant to
Section 16461 of Title 8 of the California Code
of Regulations, prior to the effective date
of this section.
(B) Projects for which the initial contract is
awarded on or after April 1, 2015.
(C) Any other ongoing project in which the
Labor Commissioner directs the contractors
or subcontractors on the project to furnish
records in accordance with paragraph (3) of
subdivision (a).
(D) All projects, whether new or ongoing, on
or after January 1, 2016.

1771.5. (a) Notwithstanding Section 1771, an
awarding body may choose not to require the
payment of the general prevailing rate of per
diem wages or the general prevailing rate of
per diem wages for holiday and overtime
work for any public works project of twenty-
five thousand dollars ($25,000) or less when
the project is for construction work, or for any
public works project of fifteen thousand
dollars ($15,000) or less when the project is
for alteration, demolition, repair, or
maintenance work, if the awarding body has
elected to initiate and has been approved by
the Director of Industrial Relations to enforce
a labor compliance program pursuant to
subdivision (b) for every public works project
under the authority of the awarding body.
(b) For purposes of this section, a labor
compliance program shall include, but not be
limited to, the following requirements:

38 Appendix C – CLC 1770-1784
(1) All bid invitations and public works
contracts shall contain appropriate language
concerning the requirements of this chapter.
(2) A prejob conference shall be conducted
with the contractor and subcontractors to
discuss federal and state labor law
requirements applicable to the contract.
(3) Project contractors and subcontractors
shall maintain and furnish, at a designated
time, a certified copy of each weekly payroll
containing a statement of compliance signed
under penalty of perjury.
(4) The awarding body shall review, and, if
appropriate, audit payroll records to verify
compliance with this chapter.
(5) The awarding body shall withhold
contract payments when
payroll records are delinquent or inadequate.
(6) The awarding body shall withhold
contract payments equal to the amount of
underpayment and applicable penalties when,
after investigation, it is established that
underpayment has occurred.
(7) The awarding body shall comply with
any other prevailing wage monitoring and
enforcement activities that are required to be
conducted by labor compliance programs by
the Department of Industrial Relations.
(c) For purposes of this chapter, "labor
compliance program" means a labor
compliance program that is approved, as
specified in state regulations, by the Director
of Industrial Relations.
(d) For purposes of this chapter, the
Director of Industrial Relations may revoke
the approval of a labor compliance program in
the manner specified in state regulations.

1771.6. (a) Any awarding body that enforces
this chapter in accordance with Section 1726
or 1771.5 shall provide notice of the
withholding of contract payments to the
contractor and subcontractor, if applicable.

The notice shall be in writing and shall
describe the nature of the violation and the
amount of wages, penalties, and forfeitures
withheld. Service of the notice shall be
completed pursuant to Section 1013 of the
Code of Civil Procedure by first-class and
certified mail to the contractor and
subcontractor, if applicable. The notice shall
advise the contractor and subcontractor, if
applicable, of the procedure for obtaining
review of the withholding of contract
payments. The awarding body shall also
serve a copy of the notice by certified mail to
any bonding company issuing a bond that
secures the payment of wages covered by the
notice and to any surety on a bond, if their
identities are known to the awarding body.
(b) The withholding of contract payments in
accordance with Section 1726 or 1771.5 shall
be reviewable under Section 1742 in the same
manner as if the notice of the withholding was
a civil penalty order of the Labor
Commissioner under this chapter. If review is
requested, the Labor Commissioner may
intervene to represent the awarding body.
(c) Pending a final order, or the expiration of
the time period for seeking review of the
notice of the withholding, the awarding body
shall not disburse any contract payments
withheld.
(d) From the amount recovered, the wage
claim shall be satisfied prior to the amount
being applied to penalties. If insufficient
money is recovered to pay each worker in full,
the money shall be prorated among all
workers.
(e) Wages for workers who cannot be
located shall be placed in the Industrial
Relations Unpaid Wage Fund and held in trust
for the workers pursuant to Section 96.7.

Penalties shall be paid into the General Fund
of the awarding body that has enforced this
chapter pursuant to Section 1771.5.

1771.7. (a) (1) For contracts specified in
subdivision (f), an awarding body that
chooses to use funds derived from either the
Kindergarten-University Public Education
Facilities Bond Act of 2002 or the
Kindergarten-University Public Education
Facilities Bond Act of 2004 for a public works
project, shall initiate and enforce, or contract
with a third party to initiate and enforce, a
labor compliance program, as described in
subdivision (b) of Section 1771.5, with
respect to that public works project.
(2) If an awarding body described in
paragraph (1) chooses to contract with a third
party to initiate and enforce a labor
compliance program for a project described in
paragraph (1), that third party shall not
review the payroll records of its own
employees or the employees of its
subcontractors, and the awarding body or an
independent third party shall review these

39 Appendix C – CLC 1770-1784
payroll records for purposes of the labor
compliance program.
(b) This section applies to public works that
commence on or after April 1, 2003. For
purposes of this subdivision, work performed
during the design and preconstruction phases
of construction, including, but not limited to,
inspection and land surveying work, does not
constitute the commencement of a public
work.
(c) (1) For purposes of this section, if any
campus of the California State University
chooses to use the funds described in
subdivision (a), then the "awarding body" is
the Chancellor of the California State
University. For purposes of this subdivision, if
the chancellor is required by subdivision (a)
to initiate and enforce, or to contract with a
third party to initiate and enforce, a labor
compliance program, then in addition to the
requirements described in subdivision (b) of
Section 1771.5, the Chancellor of the
California State University shall review the
payroll records on at least a monthly basis to
ensure the awarding body's compliance with
the labor compliance program.
(2) For purposes of this subdivision, if an
awarding body described in subdivision (a) is
the University of California or any campus of
that university, and that awarding body is
required by subdivision (a) to initiate and
enforce, or to contract with a third party to
initiate and enforce, a labor compliance
program, then in addition to the requirements
described in subdivision (b) of Section 1771.5,
the payroll records shall be reviewed on at
least a monthly basis to ensure the awarding
body's compliance with the labor compliance
program.
(d) (1) An awarding body described in
subdivision (a) shall make a written finding
that the awarding body has initiated and
enforced, or has contracted with a third party
to initiate and enforce, the labor compliance
program described in subdivision (a).
(2) (A) If an awarding body described in
subdivision (a) is a school district, the
governing body of that district shall transmit
to the State Allocation Board, in the manner
determined by that board, a copy of the
finding described in paragraph (1).
(B) The State Allocation Board shall not
release the funds described in subdivision (a)
to an awarding body that is a school district
until the State Allocation Board has received
the written finding described in paragraph
(1).
(C) If the State Allocation Board conducts a
postaward audit procedure with respect to an
award of the funds described in subdivision
(a) to an awarding body that is a school
district, the State Allocation Board shall verify,
in the manner determined by that board, that
the school district has complied with the
requirements of this subdivision.
(3) If an awarding body described in
subdivision (a) is a community college
district, the Chancellor of the California State
University, or the office of the President of the
University of California or any campus of the
University of California, that awarding body
shall transmit, in the manner determined by
the Director of Industrial Relations, a copy of
the finding described in paragraph (1) to the
director of that department, or the director of
any successor agency that is responsible for
the oversight of employee wage and employee
work hours laws.
(e) Because the reasonable costs directly
related to monitoring and enforcing
compliance with the prevailing wage
requirements are necessary oversight
activities, integral to the cost of construction
of the public works projects, notwithstanding
Section 17070.63 of the Education Code, the
grant amounts as described in Chapter 12.5
(commencing with Section 17070.10) of Part
10 of Division 1 of Title 1 of the Education
Code for the costs of a new construction or
modernization project shall include the state's
share of the reasonable and directly related
costs of the labor compliance program used to
monitor and enforce compliance with
prevailing wage requirements.
(f) This section shall only apply to contracts
awarded prior to January 1, 2012.

1772. Workers employed by contractors or
subcontractors in the execution of any
contract for public work are deemed to be
employed upon public work.

1773. The body awarding any contract for
public work, or otherwise undertaking any
public work, shall obtain the general
prevailing rate of per diem wages and the
general prevailing rate for holiday and
overtime work in the locality in which the

40 Appendix C – CLC 1770-1784
public work is to be performed for each craft,
classification, or type of worker needed to
execute the contract from the Director of
Industrial Relations. The holidays upon which
those rates shall be paid need not be specified
by the awarding body, but shall be all holidays
recognized in the applicable collective
bargaining agreement. If the prevailing rate is
not based on a collectively bargained rate, the
holidays upon which the prevailing rate shall
be paid shall be as provided in Section 6700 of
the Government Code. In determining the
rates, the Director of Industrial Relations shall
ascertain and consider the applicable wage
rates established by collective bargaining
agreements and the rates that may have been
predetermined for federal public works,
within the locality and in the nearest labor
market area. Where the rates do not
constitute the rates actually prevailing in the
locality, the director shall obtain and consider
further data from the labor organizations and
employers or employer associations
concerned, including the recognized collective
bargaining representatives for the particular
craft, classification, or type of work involved.

The rate fixed for each craft, classification, or
type of work shall be not less than the
prevailing rate paid in the craft, classification,
or type of work. If the director determines
that the rate of prevailing wage for any craft,
classification, or type of worker is the rate
established by a collective bargaining
agreement, the director may adopt that rate
by reference as provided for in the collective
bargaining agreement and that determination
shall be effective for the life of the agreement
or until the director determines that another
rate should be adopted.

1773.1. (a) Per diem wages, as the term is
used in this chapter or in any other statute
applicable to public works, includes employer
payments for the following:
(1) Health and welfare.
(2) Pension.
(3) Vacation.
(4) Travel.
(5) Subsistence.
(6) Apprenticeship or other training
programs authorized by Section 3093, to the
extent that the cost of training is reasonably
related to the amount of the contributions.
(7) Worker protection and assistance
programs or committees established under
the federal abor Management Cooperation
Act of 1978 (29 U.S.C. Sec. 175a), to the extent
that the activities of the programs or
committees are directed to the monitoring
and enforcement of laws related to public
works.
(8) Industry advancement and collective
bargaining agreements administrative fees,
provided that these payments are required
under a collective bargaining agreement
pertaining to the particular craft,
classification, or type of work within the
locality or the nearest labor market area at
issue.
(9) Other purposes similar to those specified
in paragraphs (1) to (8), inclusive.
(b) Employer payments include all of the
following:
(1) The rate of contribution irrevocably
made by the employer to a trustee or third
person pursuant to a plan, fund, or program.
(2) The rate of actual costs to the employer
reasonably anticipated in providing benefits
to workers pursuant to an enforceable
commitment to carry out a financially
responsible plan or program communicated
in writing to the workers affected.
(3) Payments to the California
Apprenticeship Council pursuant to Section
1777.5.
(c) Employer payments are a credit against
the obligation to pay the general prevailing
rate of per diem wages. However, credit shall
not be granted for benefits required to be
provided by other state or federal law, or for
payments made to monitor and enforce laws
related to public works if those payments are
not made to a program or committee
established under the federal Labor
Management Cooperation Act of 1978 (29
U.S.C. Sec. 175a). Credits for employer
payments also shall not reduce the obligation
to pay the hourly straight time or overtime
wages found to be prevailing. However, an
increased employer payment contribution
that results in a lower hourly straight time or
overtime wage shall not be considered a
violation of the applicable prevailing wage
determination if all of the following conditions
are met:
(1) The increased employer payment is
made pursuant to criteria set forth in a
collective bargaining agreement.

41 Appendix C – CLC 1770-1784
(2) The basic hourly rate and increased
employer payment are no less than the
general prevailing rate of per diem wages and
the general prevailing rate for holiday and
overtime work in the director' s general
prevailing wage determination.
(3) The employer payment contribution is
irrevocable unless made
in error.
(d) An employer may take credit for an
employer payment specified in subdivision
(b), even if contributions are not made, or
costs are not paid, during the same pay period
for which credit is taken, if the employer
regularly makes the contributions, or
regularly pays the costs, for the plan, fund, or
program on no less than a quarterly basis.
(e) The credit for employer payments shall
be computed on an annualized basis when the
employer seeks credit for employer payments
that are higher for public works projects than
for private construction performed by the
same employer, unless one or more of the
following occur:
(1) The employer has an enforceable
obligation to make the higher rate of
payments on future private construction
performed by the employer.
(2) The higher rate of payments is required
by a project labor agreement.
(3) The payments are made to the California
Apprenticeship Council pursuant to Section
1777.5.
(4) The director determines that
annualization would not serve the purposes of
this chapter.
(f) (1) For the purpose of determining those
per diem wages for contracts, the
representative of any craft, classification, or
type of worker needed to execute contracts
shall file with the Department of Industrial
Relations fully executed copies of the
collective bargaining agreements for the
particular craft, classification, or type of work
involved. The collective bargaining
agreements shall be filed after their execution
and thereafter may be taken into
consideration pursuant to Section 1773
whenever they are filed 30 days prior to the
call for bids. If the collective bargaining
agreement has not been formalized, a
typescript of the final draft may be filed
temporarily, accompanied by a statement
under penalty of perjury as to its effective
date.
(2) When a copy of the collective bargaining
agreement has previously been filed, fully
executed copies of all modifications and
extensions of the agreement that affect per
diem wages or holidays shall be filed. (3)
The failure to comply with filing requirements
of this subdivision shall not be grounds for
setting aside a prevailing wage determination
if the information taken into consideration is
correct.

1773.2. The body awarding any contract for
public work, or otherwise undertaking any
public work, shall specify in the call for bids
for the contract, and in the bid specifications
and in the contract itself, what the general
rate of per diem wages is for each craft,
classification, or type of worker needed to
execute the contract. In lieu of specifying the
rate of wages in the call for bids, and in the
bid specifications and in the contract itself,
the awarding body may, in the call for bids,
bid specifications, and contract, include a
statement that copies of the prevailing rate of
per diem wages are on file at its principal
office, which shall be made available to any
interested party on request. The awarding
body shall also cause a copy of the
determination of the director of the prevailing
rate of per diem wages to be posted at each
job site.

1773.3. (a) (1) An awarding agency shall
provide notice to the Department of Industrial
Relations of any public works contract subject
to the requirements of this chapter, within
five days of the award.
(2) The notice shall be transmitted
electronically in a format specified by the
department and shall include the name of the
contractor, any subcontractor listed on the
successful bid, the bid and contract award
dates, the contract amount, the estimated
start and completion dates, job site location,
and any additional information the
department specifies that aids in the
administration and enforcement of this
chapter.
(b) In lieu of responding to any specific
request for contract award information, the
department may make the information
provided by awarding bodies pursuant to this

42 Appendix C – CLC 1770-1784
section available for public review on its
Internet Web site.

1773.4. Any prospective bidder or his
representative, any representative of any
craft, classification or type of workman
involved, or the awarding body may, within
20 days after commencement of advertising of
the call for bids by the awarding body, file
with the Director of Industrial Relations a
verified petition to review the determination
of any such rate or rates upon the ground that
they have not been determined in accordance
with the provision of Section 1773 of this
code. Within two days thereafter, a copy of
such petition shall be filed with the awarding
body. The petition shall set forth the facts
upon which it is based. The Director of
Industrial Relations or his authorized
representative shall, upon notice to the
petitioner, the awarding body and such other
persons as he deems proper, including the
recognized collective bargaining
representatives for the particular crafts,
classifications or types of work involved,
institute an investigation or hold a hearing.

Within 20 days after the filing of such petition,
or within such longer period as agreed upon
by the director, the awarding body, and all the
interested parties, he shall make a
determination and transmit the same in
writing to the awarding body and to the
interested parties. Such determination shall
be final and shall be the determination of the
awarding body. Upon receipt by it of the
notice of the filing of such petition the body
awarding the contract or authorizing the
public work shall extend the closing date for
the submission of bids or the starting of work
until five days after the determination of the
general prevailing rates of per diem wages
pursuant to this section. Upon the filing of
any such petition, notice thereof shall be set
forth in the next and all subsequent
publications by the awarding body of the call
for bids. No other notice need be given to
bidders by the awarding body by publication
or otherwise. The determination of the
director shall be included in the contract.

1773.5. (a) The Director of Industrial
Relations may establish
rules and regulations for the purpose of
carrying out this chapter, including, but not
limited to, the responsibilities and duties of
awarding bodies under this chapter.
(b) When a request is made to the director
for a determination of whether a specific
project or type of work awarded or
undertaken by a political subdivision is a
public work, he or she shall make that
determination within 60 days receipt of the
last notice of support or opposition from any
interested party relating to that project or
type of work that was not unreasonably
delayed, as determined by the director. If the
director deems that the complexity of the
request requires additional time to make that
determination, the director may have up to an
additional 60 days if he or she certifies in
writing to the requestor, and any interested
party, the reasons for the extension. If the
requestor is not a political subdivision, the
requester shall, within 15 days of the request,
serve a copy of the request upon the political
subdivision, in which event the political
subdivision shall, within 30 days of its receipt,
advise the director of its position regarding
the request. For projects or types of work that
are otherwise private development projects
receiving public funds, as specified in
subdivision (b) of Section 1720, the director
shall determine whether a specific project or
type of work is a public work within 120 days
of receipt of the last notice of support or
opposition relating to that project or type of
work from any interested party that was not
unreasonably delayed, as determined by the
director.
(c) If an administrative appeal of the
director's determination is made, it shall be
made within 30 days of the date of the
determination. The director shall issue a
determination on the administrative appeal
within 120 days after receipt of the last notice
of support or opposition relating to that
appeal from any interested party that was not
unreasonably delayed, as determined by the
director. The director may have up to an
additional 60 days if he or she certifies in
writing to the party requesting the appeal the
reason for the extension.
(d) The director shall have quasi-legislative
authority to determine coverage of projects or
types of work under the prevailing wage laws
of this chapter. A final determination on any
administrative appeal is subject to judicial

43 Appendix C – CLC 1770-1784
review pursuant to Section 1085 of the Code
of Civil Procedure. These determinations, and
any determinations relating to the general
prevailing rate of per diem wages and the
general prevailing rate for holiday, shift rate,
and overtime work, shall be exempt from the
Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code).

1773.6. If during any quarterly period the
Director of Industrial Relations shall
determine that there has been a change in any
prevailing rate of per diem wages in any
locality he shall make such change available to
the awarding body and his determination
shall be final. Such determination by the
Director of Industrial Relations shall not be
effective as to any contract for which the
notice to bidders has been published.

1773.7. The provisions of Section 11250 of
the Government Code shall not be applicable
to Sections 1773, 1773.4, and 1773.6.

1773.8. An increased employer payment
contribution that results in a lower taxable
wage shall not be considered a violation of the
applicable prevailing wage determination so
long as all of the following conditions are met:
(a) The increased employer payment is
made pursuant to criteria set forth in a
collective bargaining agreement.
(b) The increased employer payment and
hourly straight time and overtime wage
combined are no less than the general
prevailing rate of per diem wages.
(c) The employer payment contribution is
irrevocable unless made in error.

1773.9. (a) The Director of Industrial
Relations shall use the methodology set forth
in subdivision (b) to determine the general
prevailing rate of per diem wages in the
locality in which the public work is to be
performed.
(b) The general prevailing rate of per diem
wages includes all of the following:
(1) The basic hourly wage rate being paid to
a majority of workers engaged in the
particular craft, classification, or type of work
within the locality and in the nearest labor
market area, if a majority of the workers is
paid at a single rate. If no single rate is being
paid to a majority of the workers, then the
single rate being paid to the greatest number
of workers, or modal rate, is prevailing. If a
modal rate cannot be determined, then the
director shall establish an alternative rate,
consistent with the methodology for
determining the modal rate, by considering
the appropriate collective bargaining
agreements, federal rates, rates in the nearest
labor market area, or other data such as wage
survey data.
(2) Other employer payments included in
per diem wages pursuant to Section 1773.1
and as included as part of the total hourly
wage rate from which the basic hourly wage
rate was derived. In the event the total hourly
wage rate does not include any employer
payments, the director shall establish a
prevailing employer payment rate by the
same procedure set forth in paragraph (1).
(3) The rate for holiday and overtime work
shall be those rates specified in the collective
bargaining agreement when the basic hourly
rate is based on a collective bargaining
agreement rate. In the event the basic hourly
rate is not based on a collective bargaining
agreement, the rate for holidays and overtime
work, if any, included with the prevailing
basic hourly rate of pay shall be prevailing.
(c) (1) If the director determines that the
general prevailing rate of per diem wages is
the rate established by a collective bargaining
agreement, and that the collective bargaining
agreement contains definite and
predetermined changes during its term that
will affect the rate adopted, the director shall
incorporate those changes into the
determination. Predetermined changes that
are rescinded prior to their effective date shall
not be enforced.
(2) When the director determines that there
is a definite and predetermined change in the
general prevailing rate of per diem wages as
described in paragraph (1), but has not
published, at the time of the effective date of
the predetermined change, the allocation of
the predetermined change as between the
basic hourly wage and other employer
payments included in per diem wages
pursuant to Section 1773.1, a contractor or
subcontractor may allocate payments of not
less than the amount of the definite and

44 Appendix C – CLC 1770-1784
predetermined change to either the basic
hourly wage or other employer payments
included in per diem wages for up to 60 days
following the director's publication of the
specific allocation of the predetermined
change.
(3) When the director determines that there
is a definite and predetermined change in the
general prevailing rate of per diem wages as
described in paragraph (1), but the allocation
of that predetermined change as between the
basic hourly wage and other employer
payments included in per diem wages
pursuant to Section 1773.1 is subsequently
altered by the parties to a collective
bargaining agreement described in paragraph
(1), a contractor or subcontractor may
allocate payments of not less than the amount
of the definite and predetermined change in
accordance with either the originally
published allocation or the allocation as
altered in the collective bargaining agreement.

1773.11. (a) Notwithstanding any other
provision of law and except as otherwise
provided by this section, if the state or a
political subdivision thereof agrees by
contract with a private entity that the private
entity's employees receive, in performing that
contract, the general prevailing rate of per
diem wages and the general prevailing rate
for holiday and overtime work, the director
shall, upon a request by the state or the
political subdivision, do both of the following:
(1) Determine, as otherwise provided by
law, the wage rates for each craft,
classification, or type of worker that are
needed to execute the contract.
(2) Provide these wage rates to the state or
political subdivision that requests them.
(b) This section does not apply to a contract
for a public work, as defined in this chapter.
(c) The director shall determine and provide
the wage rates described in this section in the
order in which the requests for these wage
rates were received and regardless of the
calendar year in which they were received. If
there are more than 20 pending requests in a
calendar year, the director shall respond only
to the first 20 requests in the order in which
they were received. If the director determines
that funding is available in any calendar year
to determine and provide these wage rates in
response to more than 20 requests, the
director shall respond to these requests in a
manner consistent with this subdivision.

1774. The contractor to whom the contract is
awarded, and any subcontractor under him,
shall pay not less than the specified prevailing
rates of wages to all workmen employed in
the execution of the contract.

1775. (a) (1) The contractor and any
subcontractor under the contractor shall, as a
penalty to the state or political subdivision on
whose behalf the contract is made or
awarded, forfeit not more than two hundred
dollars ($200) for each calendar day, or
portion thereof, for each worker paid less
than the prevailing wage rates as determined
by the director for the work or craft in which
the worker is employed for any public work
done under the contract by the contractor or,
except as provided in subdivision (b), by any
subcontractor under the contractor.
(2) (A) The amount of the penalty shall be
determined by the Labor Commissioner based
on consideration of both of the following:
(i) Whether the failure of the contractor or
subcontractor to pay the correct rate of per
diem wages was a good faith mistake and, if
so, the error was promptly and voluntarily
corrected when brought to the attention of
the contractor or subcontractor.
(ii) Whether the contractor or subcontractor
has a prior record of failing to meet its
prevailing wage obligations.
(B) (i) The penalty may not be less than
forty dollars ($40) for each calendar day, or
portion thereof, for each worker paid less
than the prevailing wage rate, unless the
failure of the contractor or subcontractor to
pay the correct rate of per diem wages was a
good faith mistake and, if so, the error was
promptly and voluntarily corrected when
brought to the attention of the contractor or
subcontractor.
(ii) The penalty may not be less than eighty
dollars ($80) for each calendar day, or portion
thereof, for each worker paid less than the
prevailing wage rate, if the contractor or
subcontractor has been assessed penalties
within the previous three years for failing to
meet its prevailing wage obligations on a
separate contract, unless those penalties were
subsequently withdrawn or overturned.

45 Appendix C – CLC 1770-1784
(iii) The penalty may not be less than one
hundred twenty dollars ($120) for each
calendar day, or portion thereof, for each
worker paid less than the prevailing wage
rate, if the Labor Commissioner determines
that the violation was willful, as defined in
subdivision (c) of Section 1777.1.
(C) If the amount due under this section is
collected from the contractor or
subcontractor, any outstanding wage claim
under Chapter 1 (commencing with Section
1720) of Part 7 of Division 2 against that
contractor or subcontractor shall be satisfied
before applying that amount to the penalty
imposed on that contractor or subcontractor
pursuant to this section.
(D) The determination of the Labor
Commissioner as to the amount of the penalty
shall be reviewable only for abuse of
discretion.
(E) The difference between the 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 contractor or
subcontractor, and the body awarding the
contract shall cause to be inserted in the
contract a stipulation that this section will be
complied with.
(b) If a worker employed by a subcontractor
on a public works project is not paid the
general prevailing rate of per diem wages by
the subcontractor, the prime contractor of the
project is not liable for any penalties under
subdivision (a) unless the prime contractor
had knowledge of that failure of the
subcontractor to pay the specified prevailing
rate of wages to those workers or unless the
prime contractor fails to comply with all of the
following requirements:
(1) The contract executed between the
contractor and the subcontractor for the
performance of work on the public works
project shall include a copy of the provisions
of this section and Sections 1771, 1776,
1777.5, 1813, and 1815.
(2) The contractor shall monitor the
payment of the specified general prevailing
rate of per diem wages by the subcontractor
to the employees, by periodic review of the
certified payroll records of the subcontractor.
(3) Upon becoming aware of the failure of
the subcontractor to pay his or her workers
the specified prevailing rate of wages, the
contractor shall diligently take corrective
action to halt or rectify the failure, including,
but not limited to, retaining sufficient funds
due the subcontractor for work performed on
the public works project.
(4) Prior to making final payment to the
subcontractor for work performed on the
public works project, the contractor shall
obtain an affidavit signed under penalty of
perjury from the subcontractor that the
subcontractor has paid the specified general
prevailing rate of per diem wages to his or her
employees on the public works project and
any amounts due pursuant to Section 1813.
(c) The Division of Labor Standards
Enforcement shall notify the contractor on a
public works project within 15 days of the
receipt by the Division of Labor Standards
Enforcement of a complaint of the failure of a
subcontractor on that public works project to
pay workers the general prevailing rate of per
diem wages.

1776. (a) Each contractor and subcontractor
shall keep accurate 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 him or her in
connection with the public work. Each payroll
record 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.
(2) The employer has complied with the
requirements of Sections 1771, 1811, and
1815 for any work performed by his or her
employees on the public works project.
(b) The payroll records enumerated under
subdivision (a) shall be certified and shall be
available for inspection at all reasonable
hours at the principal office of the contractor
on the following basis:
(1) A certified copy of an employee's payroll
record shall be made available for inspection
or furnished to the employee or his or her
authorized representative on request.
(2) A certified copy of all payroll records
enumerated in subdivision (a) shall be made
available for inspection or furnished

46 Appendix C – CLC 1770-1784
upon request to a representative of the body
awarding the contract and the Division of
Labor Standards Enforcement of the
Department of Industrial Relations.
(3) A certified copy of all payroll records
enumerated in subdivision (a) shall be made
available upon request by the public for
inspection or for copies thereof. However, a
request by the public shall be made through
either the body awarding the contract or the
Division of Labor Standards Enforcement. If
the requested payroll records have not been
provided pursuant to paragraph (2), the
requesting party shall, prior to being provided
the records, reimburse the costs of
preparation by the contractor, subcontractors,
and the entity through which the request was
made. The public may not be given access to
the records at the principal office of the
contractor.
(c) Unless required to be furnished directly
to the Labor Commissioner in accordance
with paragraph (3) of subdivision (a) of
Section 1771.4, the certified payroll records
shall be on forms provided by the Division of
Labor Standards Enforcement or shall contain
the same information as the forms provided
by the division. The payroll records may
consist of printouts of payroll data that are
maintained as computer records, if the
printouts contain the same information as the
forms provided by the division and the
printouts are verified in the manner specified
in subdivision (a).
(d) A contractor or subcontractor shall file a
certified copy of the records enumerated in
subdivision (a) with the entity that requested
the records within 10 days after receipt of a
written request.
(e) Except as provided in subdivision (f), any
copy of records made available for inspection
as copies and furnished upon request to the
public or any public agency by the awarding
body 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 contractor awarded
the contract or the subcontractor performing
the contract shall not be marked or
obliterated. Any copy of records made
available for inspection by, or furnished to, a
multiemployer Taft-Hartley trust fund (29
U.S.C. Sec. 186(c)(5)) that requests the
records for the
purposes of allocating contributions to
participants shall be marked or obliterated
only to prevent disclosure of an individual's
full social security number, but shall provide
the last four digits of the social security
number. Any copy of records made available
for inspection by, or furnished to, a joint
labor-management committee established
pursuant to the federal Labor Management
Cooperation Act of 1978 (29 U.S.C. Sec. 175a)
shall be marked or obliterated only to prevent
disclosure of an individual's social security
number.
(f) (1) Notwithstanding any other provision
of law, agencies that are included in the Joint
Enforcement Strike Force on the
Underground Economy established pursuant
to Section 329 of the Unemployment
Insurance Code and other law enforcement
agencies investigating violations of law shall,
upon request, be provided nonredacted
copies of certified payroll records. Any copies
of records or certified payroll made available
for inspection and furnished upon request to
the public by an agency included in the Joint
Enforcement Strike Force on the
Underground Economy or to a law
enforcement agency investigating a violation
of law shall be marked or redacted to prevent
disclosure of an individual's name, address,
and social security number.
(2) An employer shall not be liable for
damages in a civil action for any reasonable
act or omission taken in good faith in
compliance with this subdivision.
(g) The contractor shall inform the body
awarding the contract of the location of the
records enumerated under subdivision (a),
including the street address, city, and county,
and shall, within five working days, provide a
notice of a change of location and address.
(h) The contractor or subcontractor has 10
days in which to comply subsequent to receipt
of a written notice requesting the records
enumerated in subdivision (a). In the event
that the contractor or subcontractor fails to
comply within the 10-day period, he or she
shall, as a penalty to the state or political
subdivision on whose behalf the contract is
made or awarded, forfeit one hundred dollars
($100) 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,
these penalties shall be withheld from

47 Appendix C – CLC 1770-1784
progress payments then due. A contractor is
not subject to a penalty assessment pursuant
to this section due to the failure of a
subcontractor to comply with this section.
(i) The body awarding the contract shall
cause to be inserted in the contract
stipulations to effectuate this section.
(j) The director shall adopt rules consistent
with the California Public Records Act
(Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government
Code) and the Information Practices Act of
1977 (Title 1.8 (commencing with Section
1798) of Part 4 of Division 3 of the Civil Code)
governing the release of these records,
including the establishment of reasonable fees
to be charged for reproducing copies of
records required by this section.

1777. Any officer, agent, or representative of
the State or of any political subdivision who
wilfully violates any provision of this article,
and any contractor, or subcontractor, or agent
or representative thereof, doing public work
who neglects to comply with any provision of
section 1776 is guilty of a misdemeanor.

1777.1. (a) Whenever a contractor or
subcontractor performing a public works
project pursuant to this chapter is found by
the Labor Commissioner to be in violation of
this chapter with intent to defraud, the
contractor or subcontractor or a firm,
corporation, partnership, or association in
which the contractor or subcontractor has any
interest is ineligible for a period of not less
than one year or more than three years to do
either of the following:
(1) Bid on or be awarded a contract for a
public works project.
(2) Perform work as a subcontractor on a
public works project.
(b) Whenever a contractor or subcontractor
performing a public works project pursuant to
this chapter is found by the Labor
Commissioner to have committed two or
more separate willful violations of this
chapter within a three-year period, the
contractor or subcontractor or a firm,
corporation, partnership, or association in
which the contractor or subcontractor has any
interest is ineligible for a period up to three
years to do either of the following:
(1) Bid on or be awarded a contract for a
public works project.
(2) Perform work as a subcontractor on a
public works project.
(c) Whenever a contractor or subcontractor
performing a public works project has failed
to provide a timely response to a request by
the Division of Labor Standards Enforcement,
the Division of Apprenticeship Standards, or
the awarding body to produce certified
payroll records pursuant to Section 1776, the
Labor Commissioner shall notify the
contractor or subcontractor that, in addition
to any other penalties provided by law, the
contractor or subcontractor will be subject to
debarment under this section if the certified
payroll records are not produced within 30
days after receipt of the written notice. If the
commissioner finds that the contractor or
subcontractor has failed to comply with
Section 1776 by that deadline, unless the
commissioner finds that the failure to comply
was due to circumstances outside the
contractor's or subcontractor's control, the
contractor or subcontractor or a firm,
corporation, partnership, or association in
which the contractor or subcontractor has any
interest is ineligible for a period of not less
than one year and not more than three years
to do either of the following:
(1) Bid on or be awarded a contract for a
public works project.
(2) Perform work as a subcontractor on a
public works project.
(d) (1) In the event a contractor or
subcontractor is determined by the Labor
Commissioner to have knowingly committed a
serious violation of any provision of Section
1777.5, the Labor Commissioner may also
deny to the contractor or subcontractor, and
to its responsible officers, the right to bid on
or to be awarded or perform work as a
subcontractor on any public works contract
for a period of up to one year for the first
violation and for a period of up to three years
for a second or subsequent violation. Each
period of debarment shall run from the date
the determination of noncompliance by the
Labor Commissioner becomes a final order.
(2) The Labor Commissioner shall consider,
in determining whether a violation is serious,
and in determining whether and for how long
a party should be debarred for violating
Section 1777.5, all of the following
circumstances:

48 Appendix C – CLC 1770-1784
(A) Whether the violation was intentional.
(B) Whether the party has committed other
violations of Section 1777.5.
(C) Whether, upon notice of the violation,
the party took steps to voluntarily remedy the
violation.
(D) Whether, and to what extent, the
violation resulted in lost training
opportunities for apprentices.
(E) Whether, and to what extent, the
violation otherwise harmed apprentices or
apprenticeship programs.
(e) A willful violation occurs when the
contractor or subcontractor knew or
reasonably should have known of his or her
obligations under the public works law and
deliberately fails or
deliberately refuses to comply with its
provisions.
(f) The Labor Commissioner shall publish on
the commissioner's Internet Web site a list of
contractors who are ineligible to bid on or be
awarded a public works contract, or to
perform work as a subcontractor on a public
works project pursuant to this chapter. The
list shall contain the name of the contractor,
the Contractors' State License Board license
number of the contractor, and the effective
period of debarment of the contractor.

Contractors shall be added to the list upon
issuance of a debarment order and the
commissioner shall also notify the
Contractors' State License Board when the list
is updated. At least annually, the
commissioner shall notify awarding bodies of
the availability of the list of debarred
contractors. The commissioner shall also
place advertisements in construction industry
publications targeted to the contractors and
subcontractors, chosen by the commissioner,
that state the effective period of the
debarment and the reason for debarment. The
advertisements shall appear one time for each
debarment of a contractor in each publication
chosen by the commissioner. The debarred
contractor or subcontractor shall be liable to
the commissioner for the reasonable cost of
the advertisements, not to exceed five
thousand dollars ($5,000). The amount paid
to the commissioner for the advertisements
shall be credited against the contractor's or
subcontractor's obligation to pay civil fines or
penalties for the same willful violation of this
chapter.
(g) For purposes of this section, "contractor
or subcontractor" means a firm, corporation,
partnership, or association and its responsible
managing officer, as well as any supervisors,
managers, and officers found by the Labor
Commissioner to be personally and
substantially responsible for the willful
violation of this chapter.
(h) For the purposes of this section, the term
"any interest" means an interest in the entity
bidding or performing work on the public
works project, whether as an owner, partner,
officer, manager, employee, agent, consultant,
or representative. "Any interest" includes, but
is not limited to, all instances where the
debarred contractor or subcontractor
receives payments, whether cash or any other
form of compensation, from any entity
bidding or performing work on the public
works project, or enters into any contracts or
agreements with the entity bidding or
performing work on the public works project
for services performed or to be performed for
contracts that have been or will be assigned
or sublet, or for vehicles, tools, equipment, or
supplies that have been or will be sold, rented,
or leased during the period from the initiation
of the debarment proceedings until the end of
the term of the debarment period. "Any
interest" does not include shares held in a
publicly traded corporation if the shares were
not received as compensation after the
initiation of debarment from an entity bidding
or performing work on a public works project.
(i) For the purposes of this section, the term
"entity" is defined as a company, limited
liability company, association, partnership,
sole proprietorship, limited liability
partnership, corporation, business trust, or
organization.
(j) The Labor Commissioner shall adopt
rules and regulations for the administration
and enforcement of this section.

1777.5. (a) Nothing in this chapter shall
prevent the employment of properly
registered apprentices upon public works.
(b) Every apprentice employed upon public
works shall be paid the prevailing rate of per
diem wages for apprentices in the trade to
which he or she is registered and shall be
employed only at the work of the craft or
trade to which he or she is registered.

49 Appendix C – CLC 1770-1784
(c) Only apprentices, as defined in Section
3077, who are in training under
apprenticeship standards that have been
approved by the Chief of the Division of
Apprenticeship Standards and who are
parties to written apprentice agreements
under Chapter 4 (commencing with Section
3070) of Division 3 are eligible to be
employed at the apprentice wage rate on
public works. The employment and training of
each apprentice shall be in accordance with
either of the following:
(1) The apprenticeship standards and
apprentice agreements under which he or she
is training.
(2) The rules and regulations of the
California Apprenticeship Council.
(d) When the contractor to whom the
contract is awarded by the state or any
political subdivision, in performing any of the
work under the contract, employs workers in
any apprenticeable craft or trade, the
contractor shall employ apprentices in at least
the ratio set forth in this section and may
apply to any apprenticeship program in the
craft or trade that can provide apprentices to
the site of the public work for a certificate
approving the contractor under the
apprenticeship standards for the employment
and training of apprentices in the area or
industry affected. However, the decision of the
apprenticeship program to approve or deny a
certificate shall be subject to review by the
Administrator of Apprenticeship. The
apprenticeship program or programs, upon
approving the contractor, shall arrange for the
dispatch of apprentices to the contractor. A
contractor covered by an apprenticeship
program's standards shall not be required to
submit any additional application in order to
include additional public works contracts
under that program. "Apprenticeable craft or
trade," as used in this section, means a craft or
trade determined as an apprenticeable
occupation in accordance with rules and
regulations prescribed by the California
Apprenticeship Council. As used in this
section, "contractor" includes any
subcontractor under a contractor who
performs any public works not excluded by
subdivision (o).
(e) Prior to commencing work on a contract
for public works, every contractor shall
submit contract award information to an
applicable apprenticeship program that can
supply apprentices to the site of the public
work. The information submitted shall
include an estimate of journeyman hours to
be performed under the contract, the number
of apprentices proposed to be employed, and
the approximate dates the apprentices would
be employed. A copy of this information shall
also be submitted to the awarding body if
requested by the awarding body. Within 60
days after concluding work on the contract,
each contractor and subcontractor shall
submit to the awarding body, if requested,
and to the apprenticeship program a verified
statement of the journeyman and apprentice
hours performed on the contract. The
information under this subdivision shall be
public. The apprenticeship programs shall
retain this information for 12 months.
(f) The apprenticeship program that can
supply apprentices to the area of the site of
the public work shall ensure equal
employment and affirmative action in
apprenticeship for women and minorities.
(g) The ratio of work performed by
apprentices to journeymen employed in a
particular craft or trade on the public work
may be no higher than the ratio stipulated in
the apprenticeship standards under which the
apprenticeship program operates where the
contractor agrees to be bound by those
standards, but, except as otherwise provided
in this section, in no case shall the ratio be less
than one hour of apprentice work for every
five hours of journeyman work.
(h) This ratio of apprentice work to
journeyman work shall apply during any day
or portion of a day when any journeyman is
employed at the jobsite and shall be computed
on the basis of the hours worked during the
day by journeymen so employed. Any work
performed by a journeyman in excess of eight
hours per day or 40 hours per week shall not
be used to calculate the ratio. The contractor
shall employ apprentices for the number of
hours computed as above before the end of
the contract or, in the case of a subcontractor,
before the end of the subcontract. However,
the contractor shall endeavor, to the greatest
extent possible, to employ apprentices during
the same time period that the journeymen in
the same craft or trade are employed at the
jobsite. Where an hourly apprenticeship ratio
is not feasible for a particular craft or trade,
the Administrator of Apprenticeship, upon
application of an apprenticeship program,

50 Appendix C – CLC 1770-1784
may order a minimum ratio of not less than
one apprentice for each five journeymen in a
craft or trade classification.
(i) A contractor covered by this section who
has agreed to be covered by an apprenticeship
program's standards upon the issuance of the
approval certificate, or who has been
previously approved for an apprenticeship
program in the craft or trade, shall employ the
number of apprentices or the ratio of
apprentices to journeymen stipulated in the
applicable apprenticeship standards, but in no
event less than the 1 to 5 ratio required by
subdivision (g).
(j) Upon proper showing by a contractor
that he or she employs apprentices in a
particular craft or trade in the state on all of
his or her contracts on an annual average of
not less than one hour of apprentice work for
every five hours of labor performed by
journeymen, the Administrator of
Apprenticeship may grant a certificate
exempting the contractor from the 1 to 5
hourly ratio, as set forth in this section for
that craft or trade.
(k) An apprenticeship program has the
discretion to grant to a participating
contractor or contractor association 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 is met:
(1) Unemployment for the previous three-
month period in the area exceeds an average
of 15 percent.
(2) The number of apprentices in training in
the area exceeds a ratio of 1 to 5.
(3) There is a showing that the
apprenticeable craft or trade is replacing at
least one-thirtieth of its journeymen annually
through apprenticeship training, either on a
statewide basis or on a local basis.
(4) Assignment of an apprentice to any work
performed under a public works contract
would create a condition that would
jeopardize his or her life or the life, safety, or
property of fellow employees or the public at
large, or the specific task to which the
apprentice is to be assigned is of a nature that
training cannot be provided by a journeyman.
(l) When an exemption is granted pursuant
to subdivision (k) to an organization that
represents contractors in a specific trade from
the 1 to 5 ratio on a local or statewide basis,
the member contractors shall not be required
to submit individual applications for approval
to local joint apprenticeship committees, if
they are already covered by the local
apprenticeship standards.
(m) (1) A contractor to whom a contract is
awarded, who, in performing any of the work
under the contract, employs journeymen or
apprentices in any apprenticeable craft or
trade shall contribute to the California
Apprenticeship Council the same amount that
the director determines is the prevailing
amount of apprenticeship training
contributions in the area of the public works
site. A contractor may take as a credit for
payments to the council any amounts paid by
the contractor to an approved apprenticeship
program that can supply apprentices to the
site of the public works project. The
contractor may add the amount of the
contributions in computing his or her bid for
the contract.
(2) At the conclusion of the 2002-03 fiscal
year and each fiscal year thereafter, the
California Apprenticeship Council shall
distribute training contributions received by
the council under this subdivision, less the
expenses of the Department of Industrial
Relations for administering this subdivision,
by making grants to approved apprenticeship
programs for the purpose of training
apprentices. The funds shall be distributed as
follows:
(A) If there is an approved multiemployer
apprenticeship program serving the same
craft or trade and geographic area for which
the training contributions were made to the
council, a grant to that program shall be made.
(B) If there are two or more approved
multiemployer apprenticeship programs
serving the same craft or trade and county for
which the training contributions were made
to the council, the grant shall be divided
among those programs based on the number
of apprentices from that county registered in
each program.
(C) All training contributions not distributed
under subparagraphs (A) and (B) shall be
used to defray the future expenses of the
Department of Industrial Relations for the
administration and enforcement of
apprenticeship standards and requirements
under this code.

51 Appendix C – CLC 1770-1784
(3) All training contributions received
pursuant to this subdivision shall be
deposited in the Apprenticeship Training
Contribution Fund, which is hereby created in
the State Treasury. Upon appropriation by the
Legislature, all moneys in the Apprenticeship
Training Contribution Fund shall be used for
the purpose of carrying out this subdivision
and to pay the expenses of the Department of
Industrial Relations.
(n) The body awarding the contract shall
cause to be inserted in the contract
stipulations to effectuate this section. The
stipulations shall fix the responsibility of
compliance with this section for all
apprenticeable occupations with the prime
contractor.
(o) This section does not apply to contracts
of general contractors or to contracts of
specialty contractors not bidding for work
through a general or prime contractor when
the contracts of general contractors or those
specialty contractors involve less than thirty
thousand dollars ($30,000).
(p) An awarding body that implements an
approved labor compliance program in
accordance with subdivision (b) of Section
1771.5 may, with the approval of the director,
assist in the enforcement of this section under
the terms and conditions prescribed by the
director.

1777.6. An employer or a labor union shall
not refuse to accept otherwise qualified
employees as registered apprentices on any
public works on any basis listed in
subdivision (a) of Section 12940 of the
Government Code, as those bases are defined
in Sections 12926 and 12926.1 of the
Government Code, except as provided in
Section 3077 of this code and Section 12940
of the Government Code.

1777.7. (a) (1) If the Labor Commissioner or
his or her designee determines after an
investigation that a contractor or
subcontractor knowingly violated Section
1777.5, the contractor and any subcontractor
responsible for the violation shall forfeit, as a
civil penalty to the state or political
subdivision on whose behalf the contract is
made or awarded, not more than one hundred
dollars ($100) for each full calendar day of
noncompliance. The amount of this penalty
may be reduced by the Labor Commissioner if
the amount of the penalty would be
disproportionate to the severity of the
violation. A contractor or subcontractor that
knowingly commits a second or subsequent
violation within a three-year period, if the
noncompliance results in apprenticeship
training not being provided as required by
this chapter, shall forfeit as a civil penalty the
sum of not more than three hundred dollars
($300) for each full calendar day of
noncompliance.
(2) In lieu of the penalty provided for in this
subdivision, the Labor Commissioner may, for
a first-time violation and with the
concurrence of an apprenticeship program
described in subdivision (d) of Section 1777.5,
order the contractor or subcontractor to
provide apprentice employment equivalent to
the work hours that would have been
provided for apprentices during the period of
noncompliance.
(b) The Labor Commissioner shall consider,
in setting the amount of a monetary penalty,
all of the following circumstances:
(1) Whether the violation was intentional.
(2) Whether the party has committed other
violations of Section 1777.5.
(3) Whether, upon notice of the violation,
the party took steps to voluntarily remedy the
violation.
(4) Whether, and to what extent, the
violation resulted in lost training
opportunities for apprentices.
(5) Whether, and to what extent, the
violation otherwise harmed apprentices or
apprenticeship programs.
(c) (1) 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 assessed under
subdivisions (a) and (b). 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.

52 Appendix C – CLC 1770-1784
(2) For purposes of this section, a
determination issued pursuant to subdivision
(a) or (b) includes a determination that has
been approved by the Labor Commissioner
and issued by an awarding body that has been
authorized to assist the director in the
enforcement of Section 1777.5 pursuant to
subdivision (p) of that section. The Labor
Commissioner may intervene in any
proceeding for review of a determination
issued by an awarding body. If the
involvement of the Labor Commissioner in a
labor compliance program enforcement
action is limited to a review of the
determination and the matter is resolved
without litigation by or against the Labor
Commissioner or the department, the
awarding body shall enforce any applicable
penalties, as specified in this section, and shall
deposit any penalties and forfeitures collected
in the General Fund.
(d) The determination of the Labor
Commissioner as to the amount of the penalty
imposed under subdivisions (a) and (b) shall
be reviewable only for an abuse of discretion.
(e) If a subcontractor is found to have
violated Section 1777.5, the prime contractor
of the project is not liable for any penalties
under subdivision (a) unless the prime
contractor had knowledge of the
subcontractor's failure to comply with the
provisions of Section 1777.5 or unless the
prime contractor fails to comply with any of
the following requirements:
(1) The contract executed between the
contractor and the subcontractor for the
performance of work on the public works
project shall include a copy of the provisions
of Sections 1771, 1775, 1776, 1777.5, 1813,
and 1815.
(2) The contractor shall continually monitor
a subcontractor's use of apprentices required
to be employed on the public works project
pursuant to subdivision (d) of Section 1777.5,
including, but not limited to, periodic review
of the certified payroll of the subcontractor.
(3) Upon becoming aware of a failure of the
subcontractor to employ the required number
of apprentices, the contractor shall take
corrective action, including, but not limited to,
retaining funds due to the subcontractor for
work performed on the public works project
until the failure is corrected.
(4) Prior to making the final payment to the
subcontractor for work performed on the
public works project, the contractor shall
obtain a declaration signed under penalty of
perjury from the subcontractor that the
subcontractor has employed the required
number of apprentices on the public works
project.
(f) The Division of Labor Standards
Enforcement shall notify the contractor on a
public works project within 15 days of the
receipt by the division of a complaint that a
subcontractor on that public works project
knowingly violated Section 1777.5.
(g) The interpretation of Section 1777.5 and
the substantive requirements of this section
applicable to contractors or subcontractors
shall be in accordance with the regulations of
the California Apprenticeship Council.
(h) The Director of Industrial Relations may
adopt regulations to establish guidelines for
the imposition of monetary penalties.

1778. Every person, who individually or as a
representative of an awarding or public body
or officer, or as a contractor or subcontractor
doing public work, or agent or officer thereof,
who takes, receives, or conspires with another
to take or receive, for his own use or the use
of any other person any portion of the wages
of any workman or working subcontractor, in
connection with services rendered upon any
public work is guilty of a felony.

1779. Any person or agent or officer thereof
who charges, collects, or attempts to charge or
collect, directly or indirectly, a fee or valuable
consideration for registering any person for
public work, or for giving information as to
where such employment may be procured, or
for placing, assisting in placing, or attempting
to place, any person in public work, whether
the person is to work directly for the State, or
any political subdivision or for a contractor or
subcontractor doing public work is guilty of a
misdemeanor.

1780. Any person acting on behalf of the State
or any political subdivision, or any contractor
or subcontractor or agent or representative
thereof, doing any public work who places any
order for the employment of a workman on
public work where the filling of the order for
employment involves the charging of a fee, or

53 Appendix C – CLC 1770-1784
the receiving of a valuable consideration from
any applicant for employment is guilty of a
misdemeanor.

1781. (a) (1) Notwithstanding any other
provision of law, a contractor may, subject to
paragraphs (2) and (3), bring an action in a
court of competent jurisdiction to recover
from the body awarding a contract for a
public work or otherwise undertaking any
public work any increased costs incurred by
the contractor as a result of any decision by
the body, the Department of Industrial
Relations, or a court that classifies, after the
time at which the body accepts the
contractor's bid or awards the contractor a
contract in circumstances where no bid is
solicited, the work covered by the bid or
contract as a "public work," as defined in this
chapter, to which Section 1771 applies, if that
body, before the bid opening or awarding of
the contract, failed to identify as a "public
work," as defined in this chapter, in the bid
specification or in the contract documents
that portion of the work that the decision
classifies as a "public work."
(2) The body awarding a contract for a
public work or otherwise undertaking any
public work is not liable for increased costs in
an action described in paragraph (1) if all of
the following conditions are met:
(A) The contractor did not directly submit a
bid to, or directly contract with, that body.
(B) The body stated in the contract,
agreement, ordinance, or other written
arrangement by which it undertook the public
work that the work described in paragraph
(1) was a "public work," as defined in this
chapter, to which Section 1771 applies, and
obligated the party with whom the body
makes its written arrangement to cause the
work described in paragraph (1) to be
performed as a "public work."
(C) The body fulfilled all of its duties, if any,
under the Civil Code or any other provision of
law pertaining to the body providing and
maintaining bonds to secure the payment of
contractors, including the payment of wages
to workers performing the work described in
paragraph (1).
(3) If a contractor did not directly submit a
bid to, or directly contract with a body
awarding a contract for, or otherwise
undertaking a public work, the liability of that
body in an action commenced by the
contractor under subdivision (a) is limited to
that portion of a judgment, obtained by that
contractor against the body that solicited the
contractor's bid or awarded the contract to
the contractor, that the contractor is unable to
satisfy. For purposes of this paragraph, a
contractor may not be deemed to be unable to
satisfy any portion of a judgment unless, in
addition to other collection measures, the
contractor has made a good faith attempt to
collect that portion of the judgment against a
surety bond, guarantee, or some other form of
assurance.
(b) When construction has not commenced
at the time a final decision by the Department
of Industrial Relations or a court classifies all
or part of the work covered by the bid or
contract as a "public work," as defined in this
chapter, the body that solicited the bid or
awarded the contract shall rebid the "public
work" covered by the contract as a "public
work," any bid that was submitted and any
contract that was executed for this work are
null and void, and the contractor may not be
compensated for any nonconstruction work
already performed unless the body soliciting
the bid or awarding the contract has agreed to
compensate the contractor for this work.
(c) For purposes of this section:
(1) "Awarding body" does not include the
Department of General Services, the
Department of Transportation, or the
Department of Water Resources.
(2) "Increased costs" includes, but is not
limited to:
(A) Labor cost increases required to be paid
to workers who perform or performed work
on the "public work" as a result of the events
described in subdivision (a).
(B) Penalties for a violation of this article for
which the contractor is liable, and which
violation is the result of the events described
in subdivision (a).

1782. (a) A charter city shall not receive or
use state funding or financial assistance for a
construction project if the city has a charter
provision or ordinance that authorizes a
contractor to not comply with the provisions
of this article on any public works contract.
(b) A charter city shall not receive or use
state funding or financial assistance for a
construction project if the city has awarded,

54 Appendix C – CLC 1770-1784
within the prior two years, a public works
contract without requiring the contractor to
comply with all of the provisions of this
article. This subdivision shall not apply if the
charter city's failure to include the prevailing
wage or apprenticeship requirement in a
particular contract was inadvertent and
contrary to a city charter provision or
ordinance that otherwise requires compliance
with this article.
(c) A charter city is not disqualified by
subdivision (a) from receiving or using state
funding or financial assistance for its
construction projects if the charter city has a
local prevailing wage ordinance for all its
public works contracts that includes
requirements that in all respects are equal to
or greater than the requirements imposed by
the provisions of this article and that do not
authorize a contractor to not comply with this
article.
(d) For purposes of this section, the
following shall apply:
(1) A public works contract does not include
contracts for projects of twenty-five thousand
dollars ($25,000) or less when the project is
for construction work, or projects of fifteen
thousand dollars ($15,000) or less when the
project is for alteration, demolition, repair, or
maintenance work.
(2) A charter city includes any agency of a
charter city and any entity controlled by a
charter city whose contracts would be subject
to this article.
(3) A "construction project" means a project
that involves the award of a public works
contract.
(4) State funding or financial assistance
includes direct state funding, state loans and
loan guarantees, state tax credits, and any
other type of state financial support for a
construction project. State funding or
financial assistance does not include revenues
that charter cities are entitled to receive
without conditions under the California
Constitution.
(e) The Director of Industrial Relations shall
maintain a list of charter cities that may
receive and use state funding or financial
assistance for their construction projects.
(f) (1) This section does not restrict a
charter city from receiving or using state
funding or financial assistance that was
awarded to the city prior to January 1, 2015,
or from receiving or using state funding or
financial assistance to complete a contract
that was awarded prior to January 1, 2015.
(2) A charter city is not disqualified by
subdivision (b) from receiving or using state
funding or financial assistance for its
construction projects based on the city's
failure to require a contractor to comply with
this article in performing a contract the city
advertised for bid or awarded prior to January
1, 2015.

1784. (a) Notwithstanding any other law, a
contractor may bring an action in a court of
competent jurisdiction to recover from the
hiring party that the contractor directly
contracts with, any increased costs
attributable solely to the provisions of this
chapter, including, but not limited to, the
difference between the wages actually paid to
an employee and the wages that were
required to be paid to an employee under this
chapter, any penalties or other sums required
to be paid under this chapter, and costs and
attorney's fees for the action incurred by the
contractor as a result of any decision by the
Department of Industrial Relations, the Labor
and Workforce Development Agency, or a
court that classifies, after the time at which
the hiring party accepts the contractor's bid,
awards the contractor a contract under
circumstances when no bid is solicited, or
otherwise allows construction by the
contractor to proceed, the work covered by
the project, or any portion thereof, as a
"public work," as defined in this chapter,
except to the extent that either of the
following is true:
(1) The owner or developer or its agent
expressly advised the contractor that the
work to be covered by the contract would be a
"public work," as defined in this chapter, or is
otherwise subject to the payment of
prevailing wages.
(2) The hiring party expressly advised the
contractor that the work subject to the
contract would be a "public work," as defined
in this chapter, or is otherwise subject to the
payment of prevailing wages.
(b) (1) To be entitled to the recovery of
increased costs described in subdivision (a),
the contractor shall notify the hiring party and
the owner or developer within 30 days after
receipt of the notice of a decision by the
Department of Industrial Relations or the

55 Appendix C – CLC 1770-1784
Labor and Workforce Development Agency, or
the initiation of any action in a court alleging,
that the work covered by the project, or any
portion thereof, is a "public work," as defined
in this chapter.
(2) The notice provided pursuant to this
subdivision shall set forth the legal name,
address, and telephone number of the
contractor, and the name, address, and
telephone number of the contractor's
representative, if any, and shall be given by
registered or certified mail, express mail, or
overnight delivery by an express service
carrier.
(c) A contractor is not required to list any
prevailing wages or apprenticeship standard
violations on a prequalification questionnaire
that are the direct result of the failure of the
owner or developer or its agent, or a hiring
party, to notify the contractor that the project,
or any portion thereof, was a "public work," as
defined in this chapter.
(d) This section does not apply to private
residential projects built on private property
unless the project is built pursuant to an
agreement with a state agency,
redevelopment agency, or local public housing
authority.
(e) This section does not apply if the conduct
of the contractor caused the project to be a
"public work," as defined in this chapter, or if
the contractor has actual knowledge that the
work is a "public work," as defined in this
chapter.
(f) A contractor may seek recovery pursuant
to this section only from a hiring party with
whom the contractor has a direct contract.
(g) For purposes of this section, "contractor"
means a person or entity licensed by the
Contractors' State Licensing Board that has a
direct contract with the hiring party to
provide services on private property or for
the benefit of a private owner or developer.
(h) For purposes of this section, "hiring
party" means the party that has a direct
contract for services provided by the
contractor who is seeking recovery pursuant
to subdivision (a) on a private works project
that was subsequently determined to be a
public work by the Department of Industrial
Relations or the Labor and Workforce
Development Agency, or by the initiation of
any action in a court alleging that the work
covered by the project, or any portion thereof,
was a public work.

The California Labor law above was found at:
http://www.leginfo.ca.gov/calaw.html

56 Appendix D – CLC 1810-1815

Appendix D – Labor Code Section 1810-1815

LABOR CODE
SECTION 1810-1815

1810. Eight hours labor constitutes a legal
day's work in all cases where the same is
performed under the authority of any law of
this State, or under the direction, or control,
or by the authority of any officer of this State
acting in his official capacity, or under the
direction, or control or by the authority of any
municipal corporation, or of any officer
thereof. A stipulation to that effect shall be
made a part of all contracts to which the State
or any municipal corporation therein is a
party.

1811. The time of service of any workman
employed upon public work is limited and
restricted to 8 hours during any one calendar
day, and 40 hours during any one calendar
week, except as hereinafter provided for
under Section 1815.

1812. Every contractor and subcontractor
shall keep an accurate record showing the
name of and actual hours worked each
calendar day and each calendar week by each
worker employed by him or her in connection
with the public work. The record shall be kept
open at all reasonable hours to the inspection
of the awarding body and to the Division of
Labor Standards Enforcement.

1813. The contractor or subcontractor shall,
as a penalty to the state or political
subdivision on whose behalf the contract is
made or awarded, forfeit twenty-five dollars
($25) for each worker employed in the
execution of the contract by the respective
contractor or subcontractor for each calendar
day during which the worker is required or
permitted to work more than 8 hours in any
one calendar day and 40 hours in any one
calendar week in violation of the provisions of
this article. In awarding any contract for
public work, the awarding body shall cause to
be inserted in the contract a stipulation to this
effect. The awarding body shall take
cognizance of all violations of this article
committed in the course of the execution of
the contract, and shall report them to the
Division of Labor Standards Enforcement.

1814. Any officer, agent, or representative of
the State or any political subdivision who
violates any provision of this article and any
contractor or subcontractor or agent or
representative thereof doing public work who
neglects to comply with any provision of
Section 1812 is guilty of a misdemeanor.

1815. Notwithstanding the provisions of
Sections 1810 to 1814, inclusive, of this code,
and notwithstanding any stipulation inserted
in any contract pursuant to the requirements
of said sections, work performed by
employees of contractors in excess of 8 hours
per day, and 40 hours during any one week,
shall be permitted upon public work upon
compensation for all hours worked in excess
of 8 hours per day at not less than 1 1/2 times
the basic rate of pay.

The California Labor law above was found at:
http://www.leginfo.ca.gov/calaw.html

57 Appendix E – CLC 3070-3098
Appendix E – Labor Code Section 3070-3098

LABOR CODE
SECTION 3070-3098

3070. There is in the Division of
Apprenticeship Standards the California
Apprenticeship Council, which shall be
appointed by the Governor, composed of six
representatives each from employers or
employer organizations and employee
organizations, that sponsor apprenticeship
programs under this chapter, respectively,
geographically selected, and of two
representatives of the general public. The
Director of Industrial Relations, or his or her
permanent and best qualified designee, and
the Superintendent of Public Instruction, or
his or her permanent and best qualified
designee, and the Chancellor of the California
Community Colleges, or his or her permanent
and best qualified designee, shall also be
members of the California Apprenticeship
Council. The chairperson shall be elected by
vote of the California Apprenticeship Council.

Beginning with appointments in 1985, three
representatives each of employers and
employees, and one public representative
shall serve until January 15, 1989. In 1987,
three representatives each of the employers
and employees, and one public representative
shall serve until January 15, 1991. Any
member whose term expires on January 15,
1986, shall continue to serve until January 15,
1987. Thereafter each member shall serve for
a term of four years. Any member appointed
to fill a vacancy occurring prior to the
expiration of the term of his or her
predecessor shall be appointed for the
remainder of that term. Each member of the
council shall receive the sum of one hundred
dollars ($100) for each day of actual
attendance at meetings of the council, for each
day of actual attendance at hearings by the
council or a committee thereof pursuant to
Section 3082, and for each day of actual
attendance at meetings of other committees
established by the council and approved by
the Director of Industrial Relations, together
with his or her actual and necessary traveling
expenses incurred in connection therewith.

3071. The California Apprenticeship Council
shall meet at the call of the Director of
Industrial Relations and shall aid him or her
in formulating policies for the effective
administration of this chapter.

Thereafter, the California Apprenticeship
Council shall meet quarterly at a designated
date and special meetings may be held at the
call of the chairman. The California
Apprenticeship Council shall issue rules and
regulations which establish standards for
minimum wages, maximum hours, and
working conditions for apprentice
agreements, hereinafter in this chapter
referred to as apprenticeship standards,
which in no case shall be lower than those
prescribed by this chapter; and shall issue
rules and regulations governing equal
opportunities in apprenticeship, affirmative
action programs which include women and
minorities in apprenticeship, and other on-
the-job training, and criteria for selection
procedures with a view particularly toward
eliminating criteria not relevant to
qualification for training employment or more
stringent than is reasonably necessary.

3072. The Director of Industrial Relations is
ex officio the Administrator of Apprenticeship
and is authorized to appoint assistants as
necessary to effectuate the purposes of this
chapter.

3073. The Chief of the Division of
Apprenticeship Standards, or his or her duly
authorized representative, shall administer
the provisions of this chapter; act as secretary
of the California Apprenticeship Council; shall
foster, promote, and develop the welfare of
the apprentice and industry, improve the
working conditions of apprentices, and
advance their opportunities for profitable
employment; shall ensure that selection
procedures are impartially administered to all

58 Appendix E – CLC 3070-3098
applicants for apprenticeship; shall gather
and promptly disseminate information
through apprenticeship and training
information centers; shall maintain on public
file in all high schools and field offices of the
Employment Development Department the
name and location of the local area
apprenticeship committees, the filing date,
and minimum requirements for application of
all registered apprenticeship programs; shall
cooperate in the development of
apprenticeship programs and may advise with
them on problems affecting apprenticeship
standards; shall audit all selection and
disciplinary proceedings of apprentices or
prospective apprentices; may enter joint
agreements with the Employment
Development Department outreach education
and employment programs, and educational
institutions on the operation of
apprenticeship information centers, including
positive efforts to achieve information on
equal opportunity and affirmative action
programs for women and minorities; and
shall supervise and recommend
apprenticeship agreements as to these
standards and perform such other duties
associated therewith as the California
Apprenticeship Council may recommend. The
chief shall coordinate the exchange, by the
California Apprenticeship Council, the
apprenticeship program sponsors, the Fair
Employment and Housing Council, community
organizations, and other interested persons,
of information on available minorities and
women who may serve as apprentices.

3073.1. (a) The division shall audit
apprenticeship programs to ensure that the
program audited is complying with its
standards, that all on-the-job training is
supervised by journeymen, that all related
and supplemental instruction required by the
apprenticeship standards is being provided,
that all work processes in the apprenticeship
standards are being covered, and that
graduates have completed the apprenticeship
program's requirements. The division shall
examine each apprenticeship program to
determine whether apprentices are
graduating from the program on schedule or
dropping out and to determine whether
graduates of the program have obtained
employment as journeymen. During the audit,
the division shall attempt to contact a
statistically valid sample of apprentices who
have dropped out of the program prior to
completion to determine the apprentices'
reasons for leaving the program. Every
apprenticeship program sponsor shall have a
duty to cooperate with the division in
conducting an audit.
(b) Audit reports shall be presented to the
California Apprenticeship Council and shall be
made public, except that the division shall not
make public information that would infringe
on the privacy of individual apprentices. The
division shall recommend remedial action to
correct deficiencies recognized in the audit
report, and the failure to follow division
recommendations or to correct deficiencies
within a reasonable period of time shall be
grounds for withdrawing state approval of a
program. Nothing shall prevent the division
from conducting more frequent or random
audits of apprenticeship programs where
deficiencies have been identified.
(c) The division shall give priority in
conducting audits to programs that have been
identified as having deficiencies. The division
may conduct simplified audits for programs
with fewer than five registered apprentices.
(d) For new and newly expanded building
and construction trades apprenticeship
programs, the division shall audit each
program one year after approval of the
creation or expansion of the program.
(e) If the division finds evidence that
information provided to it by a building and
construction trades apprenticeship program
has been purposefully misstated, the division
shall immediately investigate and determine
whether an audit of the program is necessary.

The division shall report its investigatory
findings to the California Apprenticeship
Council and make them available to the
public, except that the division shall not make
public information that would infringe upon
the privacy of individual apprentices.
(f) If the division determines that a building
and construction trades apprenticeship
program has been the subject of two or more
meritorious complaints that concern the
recruitment, training, or education of
apprentices within a five-year period, the
division shall schedule the program for an
audit within three months of the
determination.

59 Appendix E – CLC 3070-3098
(g) If the division determines that a building
and construction trades apprenticeship
program that has had at least two graduating
classes has an annual apprentice completion
rate below 50 percent of the average
completion rate for the applicable trade, the
division shall schedule the program for an
audit within three months of the
determination.

3073.3. It is the intent of the Legislature that
the Department of Industrial Relations will
encourage greater participation for women
and ethnic minorities in apprenticeship
programs.

3073.5. The Chief of the Division of
Apprenticeship Standards and the California
Apprenticeship Council shall annually report
through the Director of Industrial Relations to
the Legislature and the public on the activities
of the division and the council. The report
shall contain information including, but not
limited to, analyses of the following:
(a) The number of individuals, including
numbers of women and minorities, registered
in apprenticeship programs in this state for
the current year and in each of the previous
five years.
(b) The number and percentage of
apprentices, including numbers and
percentages of minorities and women,
registered in each apprenticeship program
having five or more apprentices, and the
percentage of those apprentices who have
completed their programs successfully in the
current year and in each of the previous five
years.
(c) Remedial actions taken by the division to
assist those apprenticeship programs having
difficulty in achieving affirmative action goals
or having very low completion rates.
(d) The number of disputed issues with
respect to individual apprenticeship
agreements submitted to the Administrator of
Apprenticeship for determination and the
number of those issues resolved by the
council on appeal.
(e) The number of apprenticeship program
applications received by the division, the
number approved, the number denied and the
reason for those denials, the number being
reviewed, and deficiencies, if any, with respect
to those program applications being
reviewed.
(f) The number of apprenticeship programs,
approved by the Division of Apprenticeship
Standards, that are disapproved by the
California Apprenticeship Council, and the
reasons for those disapprovals.

3074. The preparation of trade analyses and
development of curriculum for instruction,
and the administration and supervision of
related and supplemental instruction for
apprentices, coordination of instruction with
job experiences, and the selection and training
of teachers and coordinators for this
instruction shall be the responsibility of, and
shall be provided by, state and local boards
responsible for vocational education upon
agreement with the program sponsor. This
responsibility shall not preclude the
establishment of off-campus related and
supplemental instruction when approved,
developed, and operated in cooperation with
state and local school boards responsible for
vocational education, and when the
instruction meets all other requirements of
this chapter. It is the intent of this chapter that
the instruction shall be made available to
apprentices through classroom instruction,
correspondence courses, self-study or other
means of instruction approved by state and
local public education agencies authorized to
provide vocational education. Pursuant to
this chapter all excess costs incurred by local
public education agencies exceeding state
apportionments and local revenue earned by
the attendance of apprentices shall be payable
by the program sponsor, upon joint
agreement between the sponsor and the local
education agency. The State Board of
Education and the Board of Governors of the
California Community Colleges, and the
Division of Apprenticeship Standards shall
jointly issue regulations regarding calculation
and payment provisions of excess costs to be
borne by the program sponsors. All funds
accrued by local education agencies from
attendance in apprenticeship classes
authorized by this section shall be expended
or allocated for all such classes offered by the
local education agency before excess costs
may be claimed.

The Department of Education and the Board
of Governors of the California Community

60 Appendix E – CLC 3070-3098
Colleges may provide related and
supplemental instruction to isolated
apprentices as a direct instructional service,
on a contractual basis with local school
districts, by correspondence, or by a
combination of these means. For the purpose
of this section, an isolated apprentice is an
apprentice registered with the Division of
Apprenticeship Standards in the Department
of Industrial Relations who cannot be enrolled
in a class of related and supplementary
instruction for apprentices because of the
small number of apprentices available for an
appropriate class or because there is no
existing apprenticeship program within a
reasonable travel distance.

Interested parties may file a complaint in
accordance with Section 201 of Title 8 of the
Administrative Code, when a community
college or secondary education district is
unable to reach agreement with program
sponsors in providing related and
supplemental instruction. In the process of
securing an amicable adjustment, the
administrator, or his or her representative,
shall meet with the parties involved,
including, but not limited to, the chancellor, or
his or her representative, or the
Superintendent of Public Instruction, or his or
her representative.

Community colleges, and other public school
districts, shall refuse to provide related and
supplemental instruction to an apprenticeship
program when it is determined by the
Administrator of Apprenticeship that the
program sponsor has been found to be in
noncompliance with the State of California
Plan for Equal Opportunity in Apprenticeship.

3074.1. In compliance with the affirmative
action requirements of California's plan for
equal opportunity in apprenticeship, school
districts maintaining high schools, community
colleges districts, and apprenticeship program
sponsors, shall provide students with
information as to the availability of
apprenticeship programs.

3074.3. In providing related and
supplemental instruction pursuant to Section
3074, and notwithstanding any provisions of
the Education Code, the Superintendent of
Public Instruction and the Chancellor of the
California Community Colleges shall recognize
registration in an apprenticeship program
approved by the Division of Apprenticeship
Standards in the Department of Industrial
Relations as an acceptable prerequisite to
enrollment into such related and
supplemental classes.

3074.7. Notwithstanding any other provision
of law, the governing board of a school district
which offers classroom instruction in
postgraduate and upgrading courses pursuant
to subdivision (d) of Section 3093 of this code
may impose a fee upon individuals receiving
instruction in such postgraduate and
upgrading courses. Such fee shall be not more
than the amount necessary, as determined by
the governing board, to cover the total cost of
all such classroom instruction given the
individuals.

3075. (a) An apprenticeship program may be
administered by a joint apprenticeship
committee, unilateral management or labor
apprenticeship committee, or an individual
employer. Programs may be approved by the
chief in any trade in the state or in a city or
trade area, whenever the apprentice training
needs justify the establishment. Where a
collective bargaining agreement exists, a
program shall be jointly sponsored unless
either party to the agreement waives its right
to representation in writing. Joint
apprenticeship committees shall be composed
of an equal number of employer and
employee representatives.
(b) For purposes of this section, the
apprentice training needs in the building and
construction trades shall be deemed to justify
the approval of a new apprenticeship program
only if any of the following conditions are met:
(1) There is no existing apprenticeship
program approved under this chapter serving
the same craft or trade and geographic area.
(2) Existing apprenticeship programs
approved under this chapter that serve the
same craft or trade and geographic area do
not have the capacity, or neglect or refuse, to
dispatch sufficient apprentices to qualified
employers at a public works site who are
willing to abide by the applicable
apprenticeship standards.

61 Appendix E – CLC 3070-3098
(3) Existing apprenticeship programs
approved under this chapter that serve the
same trade and geographic area have been
identified by the California Apprenticeship
Council as deficient in meeting their
obligations under this chapter.
(c) Notwithstanding subdivision (b), the
California Apprenticeship Council may
approve a new apprenticeship program if
special circumstances, as established by
regulation, justify the establishment of the
program.

3075.1. It is the public policy of this state to
encourage the utilization of apprenticeship as
a form of on-the-job training, when such
training is cost-effective in developing skills
needed to perform public services. State and
local public agencies shall make a diligent
effort to establish apprenticeship programs
for apprenticeable occupations in their
respective work forces. In furtherance of this
policy, public agencies shall take into
consideration (a) the extent to which a
continuous supply of trained personnel is
readily available to public agencies to meet
their skill requirements in the various
occupations which are determined to be
apprenticeable, and (b) the application of
established programs in the private sector,
where appropriate. Public sector
apprenticeship programs should be fully
compatible with affirmative action goals for
the participation of minorities and women in
apprenticeship programs.

3075.5. (a) This section applies when a
building and construction trades industry
program applies to the Chief of the Division of
Apprenticeship Standards for approval of a
new apprenticeship program or for the
expansion of an existing apprenticeship
program into a new occupation or geographic
area. The requirements of this section are in
addition to other requirements that may be
imposed by statute or regulation.
(b) (1) An applicant for a new or expanded
apprenticeship program under subdivision (a)
shall submit to the chief a written plan that
sets out the number of new apprentices the
applicant seeks to enroll during the next five
years in the new or expanded program, new
occupation, or new geographic area. The plan
must include the applicant's budget for
training the new apprentices and a detailed
explanation of how the applicant intends to
provide sufficient funding to meet that
budget.
(2) The applicant shall submit to the chief a
written plan providing a reasonable timetable
to obtain sufficient commitments from
employers to employ the new apprentices so
as to ensure, to the extent feasible, consistent
with the rates of employment for existing
programs in good standing in the applicable
trade, that the new apprentices will be
employed continuously throughout the entire
term of apprenticeship.
(3) The applicant shall submit to the chief
verifiable evidence that the applicant has
obtained, or will obtain, suitable and adequate
facilities to train the new apprentices. The
chief, or his or her representative, shall
personally inspect the facilities within six
months after the final approval of the
program.
(4) The applicant shall submit to the chief a
plan for the recruitment and selection of the
new apprentices. The plan shall include
advertising of the new apprenticeship
opportunities within the geographic area and
outreach to organizations that promote
apprenticeship opportunities to women and
underrepresented minorities.
(c) The chief shall not approve an
application that fails to meet any of the
requirements of this section. If the chief does
not approve an application because of its
failure to comply with this section, the chief
shall within 90 days provide the applicant
with a detailed explanation of the deficiencies
in the application and recommendations for
addressing those deficiencies to obtain
program approval. The applicant may submit
a new or amended application to the chief
within 90 days of receipt of the chief's
recommendations. The chief shall provide a
detailed response to a new or amended
application within 90 days of its receipt.

3075.6. Each building and construction
trades apprenticeship program shall provide
to each apprentice, on at least a semiannual
basis, a statement showing the number of
hours of on-the-job training and related and
supplemental instruction that the apprentice
has acquired toward graduation, the total

62 Appendix E – CLC 3070-3098
number of hours of on-the-job training and
related and supplemental instruction that are
necessary for graduation, and the apprentice's
expected graduation date.

3075.7. Every building and construction
trades industry apprenticeship program shall
submit apprentice registration, change of
address, graduation, and termination data to
the Division of Apprenticeship Standards on a
monthly basis in an electronic format
acceptable to the division.

3076. The function of a joint apprenticeship
committee, when specific written authority is
delegated by the parent organizations
represented, shall be to establish work
processes, wage rates, working conditions for
apprentices, the number of apprentices which
shall be employed in the trade under
apprentice agreements, and aid in the
adjustment of apprenticeship disputes in
accordance with standards for apprenticeship
set up by the California Apprenticeship
Council. Disciplinary proceedings resulting
from disputes shall be duly noticed to the
involved individuals.

3076.3. Program sponsors shall establish
selection procedures which specify minimum
requirements for formal education or
equivalency, physical examination, if any,
subject matter of written tests and oral
interviews, and any other criteria pertinent to
the selection process; shall specify the relative
weights of all factors which determine
selection to an apprenticeship program; shall
submit in writing to the chief an official
statement of each selection procedure
including the filing date and location of the
program sponsor; shall make a copy of the
selection procedures available to each
applicant; shall provide in writing to each
applicant not selected an official explanation
setting forth the reason or reasons for the
nonselection, copies of which shall be
retained as a public record in the files of the
program sponsor for a period of five years;
and shall implement affirmative action
programs for minorities and women in
accordance with the rules, regulations, and
guidelines of the California Apprenticeship
Council.

3076.5. A program sponsor may provide in its
selection procedures for an additional 10
points credit in the selection of veteran
applicants for apprenticeship. "Veteran," as
used in this section, means a veteran who has
served in the armed forces of this country for
at least 181 consecutive days since January
31, 1955, and who has been discharged or
released under conditions other than
dishonorable, but does not include any person
who served only in auxiliary or reserve
components of the armed forces whose
services therein did not exempt him or her
from the operation of the Selective Training
and Service Act of 1940 (54 Stat. 885).

3077. The term "apprentice" as used in this
chapter, means a person at least 16 years of
age who has entered into a written
agreement, in this chapter called an
"apprentice agreement," with an employer or
program sponsor. The term of apprenticeship
for each apprenticeable occupation shall be
approved by the chief, and in no case shall
provide for less than 2,000 hours of
reasonably continuous employment for such
person and for his or her participation in an
approved program of training through
employment and through education in related
and supplemental subjects.

3077.5. A program sponsor administering an
apprenticeship program under this chapter
shall not provide a maximum age for
apprentices.

3078. Every apprentice agreement entered
into under this chapter shall directly, or by
reference, contain:
(a) The names of the contracting parties.
(b) The date of birth of the apprentice.
(c) A statement of the trade, craft, or
business which the apprentice is to be taught,
and the time at which the apprenticeship will
begin and end.
(d) A statement showing the number of
hours to be spent by the apprentice in work
and the learning objectives to be

63 Appendix E – CLC 3070-3098
accomplished through related and
supplemental instruction, except as otherwise
provided under Section 3074. These
exceptions shall be subject to the appeal
procedures established in Sections 3081,
3082, 3083, and 3084. A minimum of 144
hours of related and supplemental instruction
for each year of apprenticeship is
recommended; however, related instruction
may be expressed in terms of units or other
objectives to be accomplished. In no case shall
the combined weekly hours of work and
required related and supplemental
instruction of the apprentice exceed the
maximum number of hours of work
prescribed by law for a person of the age of
the apprentice.
(e) A statement setting forth a schedule of
the processes in the trade or industry
divisions in which the apprentice is to be
taught and the approximate time to be spent
at each process.
(f) A statement of the graduated scale of
wages to be paid the apprentice and whether
the required schooltime shall be
compensated.
(g) A statement providing for a period of
probation of not more than 1,000 hours of
employment and not more than 72 hours of
related instruction, during which time the
apprentice agreement may be terminated by
the program sponsor at the request in writing
of either party, and providing that after the
probationary period the apprentice
agreement may be terminated by the
administrator by mutual agreement of all
parties thereto, or canceled by the
administrator for good and sufficient reason.
(h) A provision that all controversies or
differences concerning the apprentice
agreement which cannot be adjusted locally,
or which are not covered by collective-
bargaining agreement, shall be submitted to
the administrator for determination as
provided for in Section 3081.
(i) A provision that an employer who is
unable to fulfill his or her obligation under the
apprentice agreement may, with approval of
the administrator, transfer the contract to any
other employer if the apprentice consents and
the other employer agrees to assume the
obligation of the apprentice agreement.
(j) Such additional terms and conditions as
may be prescribed or approved by the
California Apprenticeship Council, not
inconsistent with the provisions of this
chapter.
(k) A clause providing that there shall be no
liability on the part of the other contracting
party for an injury sustained by an apprentice
engaged in schoolwork at a time when the
employment of the apprentice has been
temporarily or permanently terminated.

3079. Every apprentice agreement under this
chapter shall be approved by the local joint
apprenticeship committee or the parties to a
collective bargaining agreement or, subject to
review by the council, by the administrator
where there is no collective bargaining
agreement or joint committee, a copy of which
shall be filed with the California
Apprenticeship Council. Every apprentice
agreement shall be signed by the employer, or
his or her agent, or by a program sponsor, as
provided in Section 3080, and by the
apprentice, and if the apprentice is a minor,
by the minor's parent or guardian. Where a
minor enters into an apprentice agreement
under this chapter for a period of training
extending into his or her majority, the
apprentice agreement shall likewise be
binding for such a period as may be
covered during the apprentice's majority.

3080. (a) For the purpose of providing
greater diversity of training or continuity of
employment, any apprentice agreement made
under this chapter may in the discretion of the
California Apprenticeship Council be signed
by an association of employers or an
organization of employees instead of by an
individual employer. In that case, the
apprentice agreement shall expressly provide
that the association of employers or
organization of employees does not assume
the obligation of an employer but agrees to
use its best endeavors to procure employment
and training for an apprentice with one or
more employers who will accept full
responsibility, as herein provided, for all the
terms and conditions of employment and
training set forth in the agreement between
the apprentice and employer association or
employee organization during the period of
the apprentice's employment. The apprentice
agreement shall also expressly provide for the
transfer of the apprentice, subject to the

64 Appendix E – CLC 3070-3098
approval of the California Apprenticeship
Council, to an employer or employers who
shall sign a written agreement with the
apprentice, and if the apprentice is a minor,
with the apprentice's parent or guardian, as
specified in Section 3079, contracting to
employ the apprentice for the whole or a
definite part of the total period of
apprenticeship under the terms and
conditions of employment and training set
forth in the apprentice agreement.
(b) All apprenticeship programs with more
than one employer or an association of
employers shall include provisions sufficient
to ensure meaningful representation of the
interests of apprentices in the management of
the program.

3081. Upon the complaint of any interested
person or upon his own initiative, the
administrator may investigate to determine if
there has been a violation of the terms of an
apprentice agreement, made under this
chapter, and he may hold hearings, inquiries,
and other proceedings necessary to such
investigations and determinations. The
parties to such agreement shall be given a fair
and impartial hearing, after reasonable notice
thereof. All such hearings, investigations and
determinations shall be made under authority
of reasonable rules and procedures
prescribed by the California Apprenticeship
Council.

3082. The determination of the administrator
shall be filed with the California
Apprenticeship Council. If no appeal
therefrom is filed with the California
Apprenticeship Council within 10 days from
the date the parties are given notification of
the determination, in accordance with Section
1013a and Section 2015.5 of the Code of Civil
Procedure, the determination shall become
the order of the California Apprenticeship
Council. Any person aggrieved by the
determination or action of the administrator
may appeal therefrom to the California
Apprenticeship Council, which shall review
the entire record and may hold a hearing
thereon after due notice to the interested
parties.

3083. The decision of the California
Apprenticeship Council as to the facts shall be
conclusive if supported by the evidence and
all orders and decisions of the California
Apprenticeship Council shall be prima facie
lawful and reasonable.

3084. Any party to an apprentice agreement
aggrieved by an order or decision of the
California Apprenticeship Council may
maintain appropriate proceedings in the
courts on questions of law. The decision of the
California Apprenticeship Council shall be
conclusive if the proceeding is not filed within
30 days after the date the aggrieved party is
given notification of the decision.

3084.5. In any case in which a person or
persons have willfully violated any of the
laws, regulations, or orders governing
applicants for apprenticeship or apprentices
registered under this chapter, the Division of
Apprenticeship Standards may obtain in a
court of competent jurisdiction, an injunction
against any further violations of any such
laws, regulations, or orders by such person or
persons.

3085. No person shall institute any action for
the enforcement of any apprentice agreement,
or damages for the breach of any apprentice
agreement, made under this chapter, unless
he shall first have exhausted all
administrative remedies provided by this
chapter.

3086. Nothing in this chapter or in any
apprentice agreement approved under this
chapter shall operate to invalidate any
apprenticeship provision in any collective
agreement between employers and
employees setting up higher apprenticeship
standards.

3088. If any provision of this chapter or the
application thereof to any person or
circumstances is held invalid, the remainder
of the chapter and the application of such
provision to other persons and circumstances,
shall not be affected thereby.

65 Appendix E – CLC 3070-3098

3089. This chapter shall be known and may
be cited as the Shelley-Maloney Apprentice
Labor Standards Act of 1939.

3090. The Division of Apprenticeship
Standards shall investigate, approve or reject
applications from establishments for
apprenticeship and other on-the-job training,
and for that purpose, may cooperate, or
contract with, and receive reimbursements
from the appropriate agencies of the Federal
Government.

3091. Acceptance of an application for
entrance into an apprenticeship training
program shall not be predicated on the
payment of any fee. Reasonable costs for
expense incurred may be charged after an
applicant has been accepted into the program.

3091.5. Pursuant to Section 16370 of the
Government Code, there is hereby authorized
in the State Treasury a Special Deposit Fund
Account, which shall consist of moneys
collected from the sale of instructional
material to persons enrolled in any
apprenticeship training program under this
chapter. All of the moneys collected are
hereby appropriated without regard to fiscal
year for the support of the Department of
Education to be used for the development and
production of apprenticeship instructional
material.

3092. A successful graduate of a training
program in a particular apprenticeable
occupation of a vocational education program
meeting the standards of the California State
Plan for Vocational Education may receive
credit toward a term of apprenticeship if the
program is jointly established and approved
by a school district, a county superintendent
of schools, a public entity conducting a
regional occupational center or program, or a
private postsecondary vocational school
accredited by a regional or national
accrediting agency recognized by the United
States Office of Education and the program
sponsor of the particular apprenticeable
occupation.

3093. (a) This section applies only when
voluntarily requested by the parties to a
collective bargaining agreement or by an
employer, his or her association, or a union, or
its representative where there is no collective
bargaining agreement.
(b) Nothing in this section may be construed
in any way so as to compel, regulate, interfere
with, or duplicate the provisions of any
established training programs which are
operated under the terms of any collective
bargaining agreements or unilaterally by any
employer or bona fide labor union.
(c) Services contemplated under this section
may be provided only when voluntarily
requested and shall be denied when it is
found that existing prevailing conditions in
the area and industry would in any way be
lowered or adversely affected.
(d) The California Apprenticeship Council in
cooperation with the Department of
Education, the Employment Development
Department, and the Board of Governors of
the California Community Colleges may foster
and promote on-the-job training programs
other than apprenticeship as follows:
(1) programs for journeymen in the
apprenticeable occupations to keep them
abreast of current techniques, methods, and
materials and opportunities for advancement
in their industries;
(2) programs in other than apprenticeable
occupations for workers entering the labor
market for the first time or workers entering
new occupations by reason of having been
displaced from former occuptions by reason
of economic, industrial, technological
scientific changes, or developments;
(3) the programs shall be in accord with and
agreed to by the parties to any applicable
collective bargaining agreements and where
appropriate will include joint employer-
employee cooperation in the programs.
(e) The Division of Apprenticeship
Standards when requested may foster and
promote voluntary on-the-job training
programs in accordance with this section, and
assist employers, employees and other
interested persons and agencies in the
development and carrying out of the
programs. The Division of Apprenticeship

66 Appendix E – CLC 3070-3098
Standards shall cooperate in these functions
with the Department of Education, the
Employment Development Department, and
the Board of Governors of the California
Community Colleges and other governmental
agencies. The Division of Apprenticeship
Standards may cooperate with the
Department of Corrections and the
Department of the Youth Authority in the
development of training programs for inmates
and releasees of correctional institutions.
(f) The programs, where appropriate, may
include related and supplemental classroom
instruction offered and administered by state
and local boards responsible for vocational
education.
(g) The activities and services of the Division
of Apprenticeship Standards in training
programs under this section shall be
performed without curtailing or in any way
interfering with the division's activities and
services in apprenticeship.
(h) The Division of Apprenticeship
Standards may contract with, and receive
reimbursements from, appropriate federal,
state, and other governmental agencies.
(i) The vocational education activities and
services of the Department of Education, the
Board of Governors of the California
Community Colleges, and local public school
districts shall not be abridged or abrogated
through implementation of this section.
(j) "On-the-job training" as used in this
section refers exclusively to training confined
to the needs of a specific occupation and
conducted at the jobsite for employed
workers.
(k) "Journeyman," as used in this section,
means a person who has either
(1) completed an accredited apprenticeship in
his craft, or
(2) who has completed the equivalent of an
apprenticeship in length and content of work
experience and all other requirements in the
apprenticeship standards for the craft which
has workers classified as journeymen in an
apprenticeable occupation.
(l) Nothing in this section shall be construed
to require prior approval, ratification, or
reference of any training program to the
Division of Apprenticeship Standards or the
Department of Industrial Relations.

3095. Every person who willfully
discriminates in any recruitment or
apprenticeship program on any basis listed in
subdivision (a) of Section 12940 of the
Government Code, as those bases are defined
in Sections 12926 and 12926.1 of the
Government Code, except as otherwise
provided in Section 12940 of the Government
Code, is guilty of a misdemeanor punishable
by a fine of not more than one thousand
dollars ($1,000) or by imprisonment for not
more than six months, or both.

3097. The Department of Industrial Relations,
Division of Apprenticeship Standards, may
cooperate in the provision of, or provide,
services to the Employment Development
Department, and to service delivery areas, as
designated pursuant to the Job Training
Partnership Act (P.L. 97-300, and Division 8
commencing with Section 15000 of the
Unemployment Insurance Code). The
Department of Industrial Relations, Division
of Apprenticeship Standards may enter into
any agreements as may be necessary for this
purpose. The Division of Apprenticeship
Standards shall exert maximum effort to
persuade sponsors of its registered,
nonfederally funded, voluntary
apprenticeship and on-the-job training
programs to accept to the maximum possible
extent the eligible persons as described in the
Job Training Partnership Act (P.L. 97-300)
and Division 8 (commencing with Section
15000) of the Unemployment Insurance Code.

3098. An apprentice registered in an
approved apprenticeship program in any of
the building and construction trades shall be
employed only as an apprentice when
performing any construction work for an
employer that is a party, individually or
through an employer association, to any
apprenticeship agreement or standards
covering that individual.

The California Labor law above was found at:
http://www.leginfo.ca.gov/calaw.html

67 Appendix F – PCC 4104, 4107, 4107.5, 4108, 10164, and 20103.5 Appendix F – Public Contract Code Sections 4104, 4107, 4107.5, 4108, 10164, and 20103.5

4104. Any officer, department, board, or
commission taking bids for the construction
of any public work or improvement shall
provide in the specifications prepared for the
work or improvement or in the general
conditions under which bids will be received
for the doing of the work incident to the
public work or improvement that any person
making a bid or offer to perform the work,
shall, in his or her bid or offer, set forth:
(a) (1) The name, the location of the place of
business, and the California contractor license
number of each subcontractor who will
perform work or labor or render service to
the prime contractor in or about the
construction of the work or improvement, or
a subcontractor licensed by the State of
California who, under subcontract to the
prime contractor, specially fabricates and
installs a portion of the work or improvement
according to detailed drawings contained in
the plans and specifications, in an amount in
excess of one-half of 1 percent of the prime
contractor's total bid or, in the case of bids or
offers for the construction of streets or
highways, including bridges, in excess of one-
half of 1 percent of the prime contractor's
total bid or ten thousand dollars
($10,000),whichever is greater.
(2) An inadvertent error in listing the
California contractor license number provided
pursuant to paragraph (1) shall not be
grounds for filing a bid protest or grounds for
considering the bid nonresponsive if the
corrected contractor's license number is
submitted to the public entity by the prime
contractor within 24 hours after the bid
opening and provided the corrected
contractor's license number corresponds to
the submitted name and location for that
subcontractor.
(3) (A) Subject to subparagraph (B), any
information requested by the officer,
department, board, or commission concerning
any subcontractor who the prime contractor
is required to list under this subdivision,
other than the subcontractor's name, location
of business, and California contractor license
number, may be submitted by the prime
contractor up to 24 hours after the deadline
established by the officer, department, board,
or commission for receipt of bids by prime
contractors.
(B) A state or local agency may implement
subparagraph (A) at its option.
(b) The portion of the work that will be done
by each subcontractor under this act. The
prime contractor shall list only one
subcontractor for each portion as is defined
by the prime contractor in his or her bid.
(c) This section shall become operative on
July 1, 2014.

--------------------------------

4107. A prime contractor whose bid is
accepted may not:
(a) Substitute a person as subcontractor in
place of the subcontractor listed in the
original bid, except that the awarding
authority, or its duly authorized officer, may,
except as otherwise provided in Section
4107.5, consent to the substitution of another
person as a subcontractor in any of the
following situations:
(1) When the subcontractor listed in the bid,
after having had a reasonable opportunity to
do so, fails or refuses to execute a written
contract for the scope of work specified in the
subcontractor's bid and at the price specified
in the subcontractor's bid, when that written
contract, based upon the general terms,
conditions, plans, and specifications for the
project involved or the terms of that
subcontractor's written bid, is presented to
the subcontractor by the prime contractor.
(2) When the listed subcontractor becomes
insolvent or the subject of an order for relief
in bankruptcy.
(3) When the listed subcontractor fails or
refuses to perform his or her subcontract.
(4) When the listed subcontractor fails or
refuses to meet the bond requirements of the
prime contractor as set forth in Section 4108.
(5) When the prime contractor
demonstrates to the awarding
authority, or its duly authorized officer,
subject to the further provisions set forth in