HomeMy WebLinkAbout2020-014 G. Sosa Construction Inc.CIN OF ATASCADERO
CONTRACT NUMBER:
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CITY OF ATASCADERO
CONSTRUCTION CONTRACT
WITH
G. SOSA CONSTRUCTION, INC
FOR
BARRIER REMOVAL / TRAFFIC WAY SIDEWALK ACCESSIBILITY
AND PEDESTRIAN RAMP PROJECT
CITY PROJECT NO. C2016M05
City of Atascadero
G. Sosa Construction, Inc
CONSTRUCTION CONTRACT AGREEMENT
THIS CONTRACT is made and entered into between City of Atascadero, a
Municipal Corporation ("City"), and G. Sosa Construction, Inc. ("Contractor"). City and
Contractor agree as follows:
SCOPE AND STANDARDS:
A. PROJECT. City's Project, of which Contractor's services under this Contract are a
part, is generally identified as follows ("Project"):
AND PEDESTRIAN RAMP PROJECT
CITY PROJECT NO. C2016M05
B. SCOPE OF SERVICES. Contractor's services under this Contract are generally
identified as the construction of a concrete sidewalk, curb returns, curb and gutter, other
improvements and full lane width paveback.. A detailed scope of services is attached to and
made part of this Contract as Exhibit A. Contractor shall provide, or cause to be provided, the
services set forth in this Contract.
C. CONTRACT. Contractor shall provide all labor, materials, equipment, and carry out
all activities necessary to complete the services described in the SCOPE OF WORK AND
STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as
Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the "Contract
Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in
all Contract Documents as if set forth in full therein.
2. EMPLOYMENT STATUS OF PERSONNEL:
A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONTRACTOR. Contractor
enters into this Contract as, and shall at all times remain as to the City, an independent contractor
and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent
with this relationship or status. Any persons employed by Contractor for the performance of
services pursuant to this Contract shall remain employees of Contractor, shall at all times be
under the direction and control of Contractor, and shall not be considered employees of City. All
persons employed by Contractor to perform services pursuant to this Contract shall be entitled
solely to the right and privileges afforded to Contractor employees and shall not be entitled, as
a result of providing services hereunder, to any additional rights or privileges that may be
afforded to City employees.
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City of Atascadero
G. Sosa Construction, Inc
B. INDEPENDENT INVESTIGATION. The Contractor agrees and hereby represents it
has satisfied itself by its own investigation and research regarding the conditions affecting the
work to be done and labor and materials needed, and that its decision to execute this Contract
is based on such independent investigation and research.
C. COMPLIANCE WITH EMPLOYMENT LAWS. The Contractor shall keep itself fully
informed of, shall observe and comply with, and shall cause any and all persons, firms or
corporations employed by it or under its control to observe and comply with, applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D. UNLAWFUL DISCRIMINATION PROHIBITED. Contractor shall not engage in
unlawful employment discrimination. Such unlawful employment discrimination includes, but is
not limited to, employment discrimination based upon a person's race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, gender,
citizenship or sexual orientation.
3. TIME OF PERFORMANCE:
The services of Contractor are to commence upon receipt of the Notice to Proceed, and
shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope
of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract
shall terminate no later than May 30, 2021, unless extended by the mutual agreement of both
parties.
4. COMPENSATION:
A. TERMS. Compensation to the Contractor shall be as set forth in Exhibit B attached
hereto and made a part hereof.
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Contractor shall not
be compensated for any services rendered in connection with its performance of this Contract,
which are in addition to those set forth herein or listed in Exhibit A, unless such additional
services are authorized in advance and in writing by the City Manager or the City Manager's
designee (hereinafter "City Manager" shall include the City Manager's designee). Contractor
shall be compensated for any additional services in the amounts and in the manner as agreed
to by the City and Contractor at the time City's express written authorization signed by the City
Manager is given to Contractor for the performance of said services.
5. SUPERVISION, LABOR AGREEMENTS AND PERSONNEL:
A. CONTRACTOR SUPERVISES PERSONNEL. The Contractor shall have the
responsibility for supervising the services provided under this Contract, hiring of personnel,
establishing standards of performance, assignment of personnel, determining and affecting
discipline, determining required training, maintaining personnel files, and other matters relating
to the performance of services and control of personnel. The City Manager may use any
reasonable means to monitor performance and the Contractor shall comply with the City's
Manager's request to monitor performance.
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G. Sosa Construction, Inc
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Contractor may be obligated to comply with bargaining agreements
and/or other agreements with employees and that the Contractor is legally obligated to comply
with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that
the Contractor's performance shall not in any manner be subject to any bargaining agreement(s)
or any other agreement(s) the Contractor may have covering and/or with is employees.
C. APPROVAL OF STAFF MEMBERS. Contractor shall make every reasonable effort
to maintain the stability and continuity of Contractor's staff assigned to perform the services
required under this Contract. Contractor shall notify City of any changes in Contractor's staff to
be assigned to perform the services required under this Contract and shall obtain the approval
of the City Manager of a list of all proposed staff members who are to be assigned to perform
services under this Contract prior to any such performance.
6. TERMINATION:
A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this
Contract, without cause, at any time. In the event of such termination, Contractor shall be
compensated for non -disputed fees under the terms of this Contract up to the date of termination.
B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this
Contract, Contractor shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of this Contract by Contractor, and the City may withhold any
payments due to Contractor until such time as the exact amount of damages, if any, due the City
from Contractor is determined. All of the indemnification, defense and hold harmless obligations
in this Contract shall survive termination. The obligations of the Surety on the
Faithful Performance Bond shall survive the termination of this Contract.
7. CHANGES:
The City or Contractor may, from time to time, request changes in the scope of the
services of Contractor to be performed hereunder. Such changes, including any increase or
decrease in the amount of Contractor's compensation and/or changes in the schedule must be
authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated
in written amendments to this Contract. Any increase in the amount of Contractor's
compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by
the City Manager.
8. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed
that all materials provided by the Contractor under this Contract shall be the exclusive property
of the City, and the Contractor shall have no property right therein whatsoever.
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City of Atascadero
G. Sosa Construction, Inc
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B. CONTRACTOR TO DELIVER CITY PROPERTY. Immediately upon termination, or
upon the request by the City, the City shall be entitled to, and the Contractor shall deliver to the
City, all data, drawings, specifications, reports, estimates, summaries and other such materials
and property of the City as may have been prepared or accumulated to date by the Contractor
in performing this Contract. Contractor will be allowed to retain copies of all deliverables to the
City.
9. CONFLICTS OF INTEREST:
A. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Contractor's performance of services under
this Contract. Contractor further covenants that in the performance of this Contract, Contractor
shall take reasonable care to ensure that no person having any such interest shall be employed
by it as an officer, employee, agent or subcontractor without the express written consent of the
City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of
any conflicts of interest with the interests of City in the performance of this Contract. Contractor
agrees to include language similar to this Section 9(A) in all contracts with subcontractors and
agents for the work contemplated herein.
10. CONFIDENTIAL INFORMATION:
A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled
by Contractor pursuant to performance of this Contract are confidential and Contractor agrees
that they shall not be made available to any individual or organization without the prior written
approval of the City, except by court order.
B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Contractor or any of its
officers, employees, or subcontractors does voluntarily provide information in violation of this
Contract, the City has the right to reimbursement and indemnity from party releasing such
information for any damages caused by the releasing party's, including the non -releasing party's
attorney's fees and disbursements, including without limitation expert's fees and disbursements.
C. COOPERATION. City and Contractor shall promptly notify the other party should
Contractor or City, its officers, employees, agents, or subcontractors be served with any
summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Contract and the work performed thereunder or with respect to any project or
property located within the City. City and Contractor each retains the right, but has no obligation,
to represent the other party and/or be present at any deposition, hearing or similar proceeding.
Contractor and City agree to cooperate fully with the other party and to provide the other party
with the opportunity to review any response to discovery requests provided by Contractor or
City. However, City and Contractor's right to review any such response does not imply or mean
the right by the other party to control, direct, or rewrite said response.
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City of Atascadero`"
G. Sosa Construction, Inc
11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:
A. CONTRACTOR PROPERTY. Contractor shall furnish all necessary labor,
supervision, equipment, communications facilities, and supplies necessary to perform the
services required by this Contract except as set forth in Exhibit C. City acknowledges that all
equipment and other tangible assets used by Contractor in providing these services are the
property of Contractor and shall remain the property of Contractor upon termination of this
Contract.
B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies,
stationary, notices, forms or similar items that it requires to be issued with a City logo. All such
items shall be approved by the City Manager and shall be provided at City's sole cost and
expense.
12. COMPLIANCE WITH LAW:
A. COMPLIANCE REQUIRED. Contractor shall keep itself informed of applicable local,
state, and federal laws and regulations which may affect those employed by it or in any way
affect the performance of its services pursuant to this Contract. Contractor shall observe and
comply with all applicable laws, ordinances, regulations and codes of federal, state and local
governments, and shall commit no trespass on any public or private property in performing any
of the work authorized by this Contract. Contractor shall at all times hold a valid contractor's
license if performing any function or activity for which a license is required pursuant to Chapter
9 (commencing with section 7000) of Division 3 of the California Business and Professions Code,
and Contractor shall provide a copy of the license(s) upon the request of the City. The City, its
officials, officers, elected officials, appointed officials and employees shall not be liable at law or
in equity as a result of any failure of contractor to comply with this section.
B. PREVAILING WAGES. The Contractor is required to pay prevailing wages for the
work performed under this Agreement. The Contractor shall pay all penalties and wages as
required by applicable law.
13. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City Manager. Contractor shall be as fully responsible to the City for the
negligent acts and omissions of its contractors and subcontractors, and of persons either directly
or indirectly employed by them, as it is for the negligent acts and omissions of persons directly
employed by Contractor.
14. ASSIGNABILITY:
Contractor shall not assign or transfer any interest in this Contract whether by assignment
or notation. However, claims for money due or to become due Contractor from the City under
this Contract may be assigned to a financial institution, but only with prior written consent of the
City Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be
furnished promptly to the City. The rights and benefits under this agreement are for the sole and
exclusive benefit of the City and this Contract shall not be construed that any third party has an
interest in the Contract.
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G. Sosa Construction, Inc5��
15. LIABILITY OF CONTRACTOR:
Contractor shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally accepted standards of Contractor's profession and shall
be liable for its own negligence and the negligent acts of its employees, agents, contractors and
subcontractors. The City shall have no right of control over the manner in which the work is to
be done but only as to its outcome, and shall not be charged with the responsibility of preventing
risk to Contractor or its employees, agents, contractors or subcontractors.
16. INDEMNIFICATION:
A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a
professional standard of care for Contractor's Services, to the fullest extent permitted by law,
Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials,
employees and agents ("Indemnified Parties") from and against any and all losses, liabilities,
damages, costs and expenses, including attorney's fees and costs to the extent same are
caused in whole or in part by any negligence, or wrongful act, error or omission of Contractor,
willful misconduct, or recklessness of its officers, agents, employees or subcontractors (or any
entity or individual that Contractor shall bear the legal liability thereof) in the performance of
professional services under this agreement.
B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in
the performance of professional services and to the full extent permitted by law, Contractor shall
indemnify, defend and hold harmless City, and any and all of its employees, officials and agents
from and against any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest,
defense costs, and expert witness fees), where the same arise out of, are a consequence of, or
are in any way attributable to, in whole or in part, the performance of this Agreement by
Contractor or by any individual or entity for which contractor is legally liable, including but not
limited to officers, agents, employees or subcontractors of Contractor.
C. GENERAL INDEMNIFICATION PROVISIONS. Contractor agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section for each
and every subcontractor or any other person or entity involved by, for, with or on behalf of
Contractor in the performance of this agreement. In the event contractor fails to obtain such
indemnity obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a waiver of any
rights hereunder. This obligation to indemnify and defend City as set forth here is binding on
the successor, assigns or heirs of Contractor and shall survive the termination of this agreement
or this section.
City of Atascadero
G. Sosa Construction, Inc
D. INDEMNITY PROVISIONS FOR CONTACTS RELATED TO CONSTRUCTION.
Without affecting the rights of City under any provision of this agreement, Contractor shall not
be required to indemnify and hold harmless City of liability attributable to the active negligence
of City, provided such active negligence is determined by agreement between the parties or by
the findings of a court of competent jurisdiction. In instances where City is shown to have been
actively negligent and where City's active negligence accounts for only a percentage of the
liability involved, the obligation of contractor will be for that entire portion or percentage of liability
not attributable to the active negligence of City.
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Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit E attached to and part of this agreement.
18. RECORDS:
Contractor shall maintain complete and accurate records with respect to labor costs,
material expenses, parcels abated or serviced and other such information required by City that
relates to the performance of services under this Contract. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible and in a form acceptable to the City, which the
City may specify and change from time to time. Contractor shall provide free access to the
representatives of City or its designees, at reasonable times, to such books and records, shall
give City the right to examine and audit said books and records, shall permit City to make
transcripts therefrom as necessary, and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Contract. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has a NONDISCRIMINATION /
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall
not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion,
sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent
allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination.
B. UNAUTHORIZED ALIENS. Contractor hereby promises and agrees to comply with
all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.),
as amended; and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Contractor so employ such unauthorized aliens for the performance of work
and/or services covered by this contract, and should the Federal Government impose sanctions
against the City for such use of unauthorized aliens, Contractor hereby agrees to, and shall,
reimburse City for the cost of all such sanctions imposed, together with any and all costs,
including attorneys' fees, incurred by the City in connection therewith.
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City of Atascadero
G. Sosa Construction, Inc
C. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties, and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction
being expressly waived.
D. City has an interest in the qualifications of and capability of the persons and entities
that will fulfill the duties and obligations imposed upon Contractor by this Contract. In recognition
of that interest, neither any complete nor partial assignment of this Contract, may be made by
Contractor nor changed, substituted for, deleted, or added to without the prior written consent of
City which consent shall not be unreasonably withheld. Any attempted assignment or
substitution shall be ineffective, null, and void, and constitute a material breach of this Contract
entitling City to any and all remedies at law or in equity, including summary termination of this
Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions
stipulated in this Contract.
E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and
understanding between the parties relative to the services specified herein and there are no
understandings, agreements, conditions, representations, warranties or promises, with respect
to this Contract, except those contained in or referred to in this Contract and this Contract
supersedes all prior understandings, agreements, courses of conduct, prior dealings among the
parties and documentation of any kind without limitation.
F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions
waived, only by a subsequent written agreement executed by each of the parties. The parties
agree that this requirement for written modifications cannot be waived and any attempted waiver
shall be void.
G. CONSTRUCTION AND INTERPRETATION. Contractor and City agree and
acknowledge that the provisions of this Contract have been arrived at through negotiation and
that each party has had a full and fair opportunity to revise the provisions of this Contract and to
have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or
interpreting this Contract shall not be resolved against the drafting party. The titles of the various
sections are merely informational and shall not be construed as a substantive portion of this
Contract.
H. WAIVER. The waiver at any time by any party of any of its rights with respect to a
default or other matter arising in connection with this Contract shall not be deemed a wavier with
respect to any subsequent default or other matter.
I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable.
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City of Atascadero
G. Sosa Construction, Inc
J. NOTICES. All invoices, payments, notices, demands, requests, comments, or
approvals that are required to be given by one party to the other under this Contract shall be in
writing and shall be deemed to have been given if delivered personally or enclosed in a properly
addressed envelope and deposited in a United States Post Office for delivery by registered or
certified mail addressed to the parties (deemed to have been received three (3) business days
after deposit in the U.S. Mail) at the following addresses:
City: Nicholas DeBar, PE
Director of Public Works/City Engineer
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Contractor: Greg Sosa
President
G. Sosa Construction, Inc.
1435 Marsala Avenue
Santa Maria, CA 93458
Each party may change the address at which it gives notice by giving ten (10) days
advance, written notice to the other party.
K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on
behalf of Contractor warrant and represent that they have the authority to execute this Contract
on behalf of their Company and further warrant and represent that they have the authority to
bind Contractor to the performance of its obligations hereunder.
Effective this 25th day of November 2020 by the parties as follows,
Approved as to form:
Counsel for Contractor (If applicable)
Approved as to form:
BY: l
Brian Pierik, City Attorney
G. Sosa Construction, Inc.
By. "'Z— % 2v
Gregory Sosa, President
City of Atascadero
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Rachelle Rickard, City Manager
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City of Atascadero
G. Sosa Construction, Inc
CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
I am aware of the provisions of Section 3700 of the Labor Code which require 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 have complied or will comply with such
provisions before commencing the performance of the work of this contract. (Cal. Labor C.
§§1860, 1861.)
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�regory Sosa, President
G. Sosa Construction, Inc.
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City of Atascadero
G. Sosa Construction, Inc
CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE REQUIREMENTS
Contractor acknowledges that under California labor code sections 1810 and following, 8 hours of
labor constitutes a legal day's work. Contractor will forfeit as a penalty to city the sum of $25.00 for
each worker employed in the execution of this contract by contractor or any subcontractor for each
calendar day during which such 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 labor code section
1810. (labor code § 1813.)
Attention is given to the fact that both Federal (Davis -Bacon) and State of California prevailing wage rate
requirements apply to this project. Not less than the greater of the Federal Davis -Bacon wage rates or the
general prevailing wage rate of per diem wages and the Federal prevailing rates for holiday and overtime must
be paid on this project. State of California prevailing wage rates are available online at
www.dir.ca.aov/dlsr/pled/soar hern.?iiml.
Contractor shall post at the work site, or if there is no regular work site then at its principal office, for
the duration of the contract, a copy of the determination by the director of the department of industrial
relations of the specified prevailing rate of per diem wages. (Labor code § 1773.2.)
Contractor, and any subcontractor engaged by contractor, shall pay not less than the specified
prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor
code § 1774.) Contractor is responsible for compliance with labor code section 1776 relative to the
retention and inspection of payroll records.
Contractor shall comply with all provisions of labor code section 1775. Under section 1775, contractor
may forfeit as a penalty to city up to $50.00 for each worker employed in the execution of the contract
by contractor or any subcontractor for each calendar day, or portion thereof. in which the worker is
paid less than the prevailing rates. Contractor may also be liable to pay 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.
Nothing in this contract prevents contractor or any subcontractor from employing properly registered
apprentices in the execution of the contract. Contractor is responsible for compliance with labor code
section 1777.5 for all apprenticeable occupations. This statute requires that contractors and
subcontractors must submit contract award information to the applicable joint apprenticeship
committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour
of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is
granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount
to the California apprenticeship council, and that contractors and subcontractors must not discriminate
among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed,
national origin, ancestry or color. Only apprentices defined in labor code sections 3077, who are in
training under apprenticeship standards and who have written apprentice contracts, may be employed
on public works in apprenticeable occupations.
Pursuant to Labor Code Section 1771. 1, the contractor and subcontractor must be currently registered
with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 at the time the
project is awarded.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial
Relation, pursuant to Labor Code Section 1771.4.
Contractor
egory Sosa, President
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City of Atascadero
G. Sosa Construction, Inc
EXHIBIT A
Scope of Work
All work performed shall comply with the requirements, as described in the Barrier
Removal/Traffic Way Sidewalk Accessibility and Pedestrian Ramp Project, Project
No. C2016M05 engineering plans and specifications, hereby incorporated by
reference. The project primarily consists of construction of a concrete sidewalk,
curb returns, curb and gutter, other improvements and full lane width paveback.
Per the specifications, the Contractor shall diligently prosecute the work to
completion before the expiration of 40 calendar days after the Notice to Proceed
has been issued.
It is agreed by the parties to the Contract that in case all the work called for under the
Contract is not completed before or upon the expiration of the time limit as set forth in
these specifications, damage will be sustained by the City, and that it is and will be
impracticable to determine the actual damage which the City will sustain, in the event of
any, by reason of such delay; and it is therefore agreed that Contractor will pay to the City
the sum of Five Hundred dollars $500 per day for each and every calendar day delay
beyond the time prescribed to complete the work; and, Contractor agrees to pay such
Liquidated Damages as herein provided, and in case the same are not paid, agrees that
the City may deduct the amount thereof from any moneys due or that may become due
Contractor under the contract.
The Contractor shall not be assessed with Liquidated Damages, nor the costs of
engineering and inspection during any delay in the completion of the work caused by acts
of the federal government or the public enemy, or acts of God, fire, floods, epidemics,
severe weather, or delays of subcontractors due to such causes; provided that the
Contractor shall, within ten (10) days from the beginning of such delay, notify the City
Engineer in writing of the cause of delay, who shall ascertain the facts and extent of the
delay, and his finding of the facts thereon shall be final and conclusive.
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City of Atascadero
G. Sosa Construction, Inc
IWAC1IIA 11r
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED
WITHOUT PRIOR WRITTEN AUTHORIZATION
$ 286,385.00
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City shall pay Contractor for completion of the Work on a Unit Price Basis in accordance
with Contract Documents an amount equal to the sum of the established unit price for
each separately identified bid item times the completed quantity of that item at the prices
stated in attached Contractor's Bid. Work shall include items as identified in the Bid
Schedule, not to exceed the total contractual amount of $ 286,385.00. Quantities shown
on the Bid Schedule are not guaranteed, and determinations of actual quantities and
classifications are to be made by City. The City shall have the ability to make alterations
to the Work, as the Work progresses, involving increases and decreases to quantities of
itemized Unit Price Work. The unit price shall not be subject to re-evaluation or
adjustment regardless of the total cost or variation between actual and estimated
quantities.
Any additional services authorized by the City of Atascadero, not included in the scope of
services as defined by this contract, must be approved in the form of a City of Atascadero
Change Order prior to performing additional work. All additional work authorized by a
City of Atascadero Change Order will be compensated at the same unit price in the
attached Contractor's bid, if applicable. For extra work, where no, unit cost has been
defined in the attached contract, the Contractor shall be compensated as identified in
Section 7-1.4, "Alterations and Changes", of the Barrier Removal / Traffic Way Sidewalk
and Pedestrian Ramp Project Specifications. Any charges incurred outside of these
contract terms will not be authorized for payment. Payment will be made within 30 days
after receipt and approval of invoice.
No invoice will be approved without receipt and approval of certified payroll records.
A 5% retention will be held for thirty-five days after the Notice of Completion is filed with
the County of San Luis Obispo. The retention will be released upon the City of
Atascadero's final approval and the satisfactory completion of the project. Contractor
agrees that the payment of the final amount due under the Contract is contingent upon
Contractor furnishing a release of all claims against the City arising by virtue of this
contract. Disputed contract claims in stated amounts may be specifically excluded by
Contractor from the operation of the release.
RIN
City of Atascadero
G. Sosa Construction, Inc
CI'T'Y OF ATASCADERO
CDBG Farrier Removal/'Traffic Way Sidewalk Accessibility
and Pedestrian Ramp Replacement, Addendum No. I
ITEM
NO. ITEM DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
ITEM PRICE
1
MOBILIZATION
1
LS
_ (!�o
Z0400
2
TRAFFIC CONTROL
1
LS
-SDOD
3
WATER POLLUTION CONTROL
1
LS
500
;5O O
4
DEMOLITION OF EXISTING FACILITIES
1
LS
G
5
ADJUST ELECTRICAL VAULT (2'X3') TO GRADE
1
EA
QO0
OOQ
6
ADJUST TELEPHONE VAULT (2'X3') TO GRADE
1
EA
7
ADJUST TRAFFIC SIGNAL VAULT (2'X3') TO GRADE
3
EA
0
8
REPLACE TRAFFIC SIGNAL LOOPS
1
LS
7Z DO
9
ADJUST WATER METER PULL BOX TO GRADE
1
EA
10
RELOCATE ELECTRICAL PULL BOX
1
EA
&0
5�
11
RELOCATE WATER METER PULL BOX
1
EA
12
REMOVE AND REPLACE STOP SIGN
1
EA
13
RELOCATE STREET SIGN
1
EA
BOO
O
14
COORDINATE RELOCATION OF FIRE HYDRANT
1
LS
Oen
O
15
AGGREGATE BASE
450
TN
al
16
HOT MIX ASPHALT (TYPE A)
110
TN
17
CONSTRUCT CONCRETE CURB & GUTTER
300
LF
18
CONSTRUCT MOUNTABLE CONCRETE CURB & GUTTER 75
LF
450
19
CONSTRUCT CONCRETE SIDEWALK
(3" COi•'.CREYE 14" CL 2 'EASE1
1.635
SF
1-7991.5
20
CONSTRUCT DOWNTOWN SIDEWALK PAVER STRIP
500
SFO
0 OOO
21
CONSTRUCT CONCRETE ADA CURB RAMP
245
SF
O
00
22
CONSTRUCT DRIVEWAY APPROACH
820
SF
S
1 � .j O O
23
CONSTRUCT NEW STORM DRAIN INLET SYSTEM
1
EA
8400 1
R40('D
24
SIGNAGE AND STRIPING
1
LS
-757,7
—1%SZ
25
ADA PEDESTRIAN SIGNAL UPGRADES
4
EA
`dotal Is
3 Ss
BID TOTAL IN WORDS:
i /6%/ .-y S��
LS = Lump Sum SF = Square Feet EA = Each LF = Linear Feet TN = Tan
NOTE: In case of error in extension of price into the total price column, the unit pri e Illver..eN E
BIDDER: G. Sosa Construction, Inc
1435 Marsala Ave.
Santa Maria, Ca 93458 C}T( OF ATASCADERO
805-934-3606 (F)805-934-3609 Cl-ry CLERK 'S OFFICE
City of Atascadero
G. Sosa Construction, Inc
G. Sosa Construction, Inc.
1435 Marsala Ave.
Santa Maria, Ca 93458
805-934-3606 (F)805-934-3609
"A
d 4
I rattle Way L.U8(3 Sidewalk Accessibility
Project No. C2016M05
BID SUBMITTAL FORM 911 OF 20
DESIGNATED SUBCONTRACTOR INFORMATION SHEET
The Contractor shall set forth the following information on the "Designated Subcontractor Information Sheet," the name and
location of the place of business, telephone and email address, license number and classification of each subcontractor who will
perform work or labor or render service to the undersigned in or about the construction of the work to be performed. That
portion of the work which will be done by such subcontractor for each subcontract shall be listed by individual item number,
percent of item, dollar amount of item and brief description. Per SB 854 (Stat,2014, Chapter 28), no contractor or
subcontractor may work or be listed on a bid proposal unless registered with the DIR.
Name
V,0 - i�ok lg3o
Address
City, State, Zip
8DS %g6 0
Phone Number
(2) A -\1i t+' TrC-"- c,
Name
P.o. &0)( 22 a
Address
46c , f A 43`123
City, State, Zip
Bos -%l I wx)
Phone Number
C1 iii,,e &lf"Loou0 1tv1"-nRFFtc.(V-.
Email address email address
Pus $ I W
License Number and Classifications
( ) ( — ) ( E800 )
Item No Percent of Item Dollar Amount
Stu v
Description of Above It
Item No Percent of Item Dollar Amount
Description of Above Item
Item No Percent of (tem Dollar Amount
Description of Above Item
Item No Percent of Item Dol lar Amount
Description of Above Item
21101 k,btr 3812-1
License Number and Classifications
( 2— ) (AVW ) ( -
Item No Percent of Item Dollar Amount
Description of Above Item
Item No Percent of Item Dollar Amount
Description of Above Item
Item No Percent of Item Dollar Amount
Description of Above Item
Item No Percent of Item Dollar Amount
Description of Above Item
CAUTION!
FAILURE TO FILL OUT TRIS FORM COMPLETELY ACCURATELY AND
LEGIBLY WILL CAUSE YOUR BID TO BE CONSIDERED NON-RESPONSIVE
City of Atascadero
G. Sosa Construction, Inc
Traffic Way CDBG Sidewalk Accessibility
G. Sosa Construction, Inc Project No. C2016M05
1435 Marsala Ave.
Santa Maria, Ca 93458
805-934-3606 (F)805-934-3609
(3) os -f (4) HafkV lant A=
Name U Name
Pt. 60 u(ol 'ASO Afynw, e- A-je..
Address Address
Grov e.r Qcr&ZA C-R 9 m? S
City, State, Zip
8`oS 181 I 'I I I
Phone Number
Ahct( ,a Q T—O CO . con,
Email address
Simi
License Number and Classifications
( 1(-, ) ( too ( 2-110s-
Item
11 o.S )
Itje%m No Percent of item Dollar Amount
f X1.1 m
Descripti%n of Above Item
Item No Percent of Item Dollar Amount
Description of Above Item
Item No Percent of Item Dollar Amount
Description of Above Item
Item No Percent of Item Dollar Amount
Description of Above Item
City, State, Zip
Phone Number
Q-
C
email address
License Number and Classifications
(24 ) ( too ) ( &i Go )
Item No Percent of Item Dollar Amount
SriIAI
Description of Above Item
Item No Percent of Item Dollar Amount
Description of Above Item
Item No Percent of Item Dollar Amount
Description of Above Item
Item No Percent of Item Dollar Amount
Description of Above Item
CAUTION!
FAILURE TO FILL OUT THIS FORM COMPLETELY, ACCURATELY AND
LEGIBLY WILL CAUSE YOUR BID TO BE CONSIDERED NON-RESPONSIVE
City of Atascadero
G. Sosa Construction, Inc
.K
Traffic Way CDBG Sidewalk Accessibility
G. Sona Construction, Inc Project No. C2016M05
1435 Marsala Ave.
Santa Maria, Ca 93458
805-934-3606 (F)805-934-3609
Jorn "s cao((6) L—t-e.. ��So� [�.� �c�l�i Lo .
Name Name
Address
Los 0ss , Get S402
City, State, Zip
$0S
Phone Number
Sy�HC_r a�d�o,.s. �aX.dscceu q -
Email address
C�� � I (PS c.2-�
License Number and Classifications
( goo ) r $3(00
Item No Percent of )tem Dollar Amount
rO-J (1-cs
Description of Above Item
Item No Percent of Item Dollar Amount
Description of Above Item
Item No Percent of Item Dollar Amount
Description of Above Item
Item No Percent of Item Dollar Amount
• 0. &3y' Z Yo
Address
Axn u o G ra.✓t b- CA `� M Z(
City, Statd, Zip
MSS 4 %� 9-2 ( (
Phone Number
S1-0-"- Q- �E w%1.50•, 1- 1-1-4r1c. IcI
email address
bS)i -M L-tCD A, 3
License Number and Classifications
( 1z ) ( 1'oJ ) ( DOp )
Item No Percent of Item Dollar Amount
Description of Above Item
( ho ) ( 100 ) !
'-,3 Co
Item No Percent of Item
Dollar Amount
& (-e- C-- .
PUJ -L 6x
Description of Above Item
('-� ) ( I,Oo ) (
(83('0 )
Item No Percent of Item
Dollar Amount
Description of Above Item
Item No Percent of Item Dollar Amount
Description of Above Item Description of Above Item
By
Bidder's Si -nature
CAUTION!
FAILURE TO FILL OUT THIS FORM COMPLETELY, ACCURATELY AND
LEGIBLY «ILL CAUSE YOUR BID TO BE CONSIDERED NON-RESPONSIVE
ME
City of Atascadero
G. Sosa Construction, Inc
EXHIBIT C
Items Provided by City
None.
C-1
City of Atascadero
G. Sosa Construction, Inc
EXHIBIT D
Location Schedule
PROJECT LOCATION MAP
N.T.S.
Traffic Way, Atascadero, California
San Luis Obispo County
D-1
City of Atascadero
G. Sosa Construction, Inc
EXHIBIT E
Insurance Requirements
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the
perfoi7nance of the work hereunder and the results of that work by the Contractor, his agents,
representatives, employees or subcontractors.
Minim inn Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG
0001).
2. Insurance Services Office Foi7n Number CA 0001 covering Automobile Liability, code
1 (any auto)
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability insurance (for lessees with employees).
Mininaunz Limits of Insurance
Lessee shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately
to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability $1,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability $1,000,000 per accident for bodily injury or disease.
Deductibles and Self -Ensured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee shall
provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
E-1
City of Atascadero
G. Sosa Construction, Inc
Other Insurance Provisions
The general liability and automobile policies are to contain, or be endorsed to contain, the
following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as insureds
with respect to liability arising out of automobiles owned, leased, hired or borrowed on
behalf of the contractor; and with respect toliability arising out of work or operations
performed by on on behalf of the Contractor including materials, parts or equipment
furnished in connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance or as a separate
owner's policy (CG 20 10 11 85)
2. For any claims related to this project, the Contractor's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees
or volunteers shall be excess of the Contractor's insurance and shall not contribute with
it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be canceled by either party, except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the City.
4. Coverage shall not extend to any indeminity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII.
Additional Insured
The City of Atascadero will to be added to the policy as Additional Insured by endorsement, adding
the City's name to the Certificate of Insurance is not sufficient and will not be accepted.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting
coverage required by this clause. The endorsements should be on forms provided by the City or
on other than the City's forms, provided those endorsements or policies conform to the
requirements. All certificates and endorsements are to be received and approved by the City before
work commences. The City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements effecting the coverage required by these specifications
at any time.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
E-2
EXHIBIT F
MBE/WBE Commitment
G. Sosa Construction, Inc
1435 Marsala Ave.
Santa Maria, Ca 93458
805-934-3606 (F)805-934-3609
Traffic Way CDBG Sidewalk Accessibility
Project No. C201GM05
BID SUBM1'l-I'AL FORM 015 OF 20
Los Angeles. CA Region
Non -SMSA Counties - Mono and San Luis Obispo County
MBE/WBE BID DOCUMENT LANGUAGE FOR
MINORITY/WOMEN'S BUSINESS ENTERPRISE CONSTRUCTION PROJECTS
(a) It is the policy of the City of Atascadero to take positive steps to maximize the utilization of
minority and women's business enterprises in all contract activity administered by the County of
San Luis Obispo.
(b) The contractor will utilize his best efforts to carry out this policy in the award of his subcontracts
to the fullest extent consistent with the efficient performance of this contract. As used in this
contract, the term "minority or women's business enterprise" means a business, at least SQ% of
which is owned by minority group members or women or, in the case of publicly -owned
businesses, at least 51% of the stock is owned by minority group members or women. For the
purpose of this definition, minority group members are Black, Hispanics, Asians, Native
Americans, Alaskans or Pacific Islanders.
(c) The contractor will submit the following statement as part of his/her sealed bid:
I have taken affirmative action to seek out and consider minority and women's business
enterprises for the portions of work to be subcontracted. Such actions are fully documented in
my records and available upon request. Results are as follows:
Name and Address of Minority/
Women's Firms Contractor
Anticipates Utilizing*
c_) tlt,
Total Bid
s
Category of Work
-Fy- a �- G w r Oro k
Total Subcontract Amount -1 L� S� �
Minority/Women's Enterprise Total of Subcontract Amount X4000
"Indicate whether business is owned by a minority or a woman.
Dollar Value of
Participation
", I `l 000
MBE/WBE Verified on California Department of Transportion website at www.dot.ca.gov
F-1
EXHIBIT G
Form FHWA-1273
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Governmentwide Suspension and
Debarment Requirements
XI. Certification Regarding Use of Contract Funds for Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding emergency
contracts solely intended for debris removal). The contractor (or
subcontractor) must insert this form in each subcontract and
further require its inclusion in all lower tier subcontracts (excluding
purchase orders, rental agreements and other agreements for
supplies or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower -tier subcontractor or service provider.
Form FHWA-1273 must be included in all Federal -aid design -
build contracts, in all subcontracts and in lower tier subcontracts
(excluding subcontracts for design services, purchase orders,
rental agreements and other agreements for supplies or services).
The design -builder shall be responsible for compliance by any
subcontractor, lower -tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the Form
FHWA-1273 must be physically incorporated (not referenced) in
all contracts, subcontracts and lower -tier subcontracts (excluding
purchase orders, rental agreements and other agreements for
supplies or services related to a construction contract).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final payment,
termination of the contract, suspension / debarment or any other
action determined to be appropriate by the contracting agency
and FHWA.
4. Selection of Labor: During the performance of this contract, the
contractor shall not use convict labor for any purpose within the
limits of a construction project on a Federal -aid highway unless it
is labor performed by convicts who are on parole, supervised
release, or probation. The term Federal -aid highway does not
G-1
include roadways functionally classified as local roads or rural
minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal -aid construction contracts and to all
related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60, 29
CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act
of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act
of 1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000, the
Standard Federal Equal Employment Opportunity Construction
Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with Title
23 USC Section 140, the Rehabilitation Act of 1973, as amended
(29 USC 794), and Title VI of the Civil Rights Act of 1964, as
amended, and related regulations including 49 CFR Parts 21, 26
and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix A,
with appropriate revisions to conform to the U.S. Department of
Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth under
laws, executive orders, rules, regulations (28 CFR 35, 29 CFR
1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders
of the Secretary of Labor as modified by the provisions prescribed
herein, and imposed pursuant to 23 U.S.C. 140 shall constitute
the EEO and specific affirmative action standards for the
contractor's project activities under this contract. The provisions of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) set forth under 28 CFR 35 and 29 CFR 1630 are
incorporated by reference in this contract. In the execution of this
contract, the contractor agrees to comply with the following
minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the
Federal Government to ensure that it has made every good faith
effort to provide equal opportunity with respect to all of its terms
and conditions of employment and in their review of activities
under the contract.
b. The contractor will accept as its operating policy the
following statement:
"it is the policy of this Company to assure that applicants are
employed, and that employees are treated during employment,
without regard to their race, religion, sex, color, national origin,
age or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including
apprenticeship, pre -apprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known
to the contracting officers an EEO Officer who will have the
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the extent
such information is within the exclusive possession of the labor
union and such labor union refuses to furnish such information to
the contractor, the contractor shall so certify to the contracting
agency and shall set forth what efforts have been made to obtain
such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth in
the collective bargaining agreement, the contractor will, through
independent recruitment efforts, fill the employment vacancies
without regard to race, color, religion, sex, national origin, age or
disability; making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide sufficient
referrals (even though it is obligated to provide exclusive referrals
under the terms of a collective bargaining agreement) does not
relieve the contractor from the requirements of this paragraph. Ir
the event the union referral practice prevents the contractor from
meeting the obligations pursuant to Executive Order 11246, as
amended, and these special provisions, such contractor shall
immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants / Employees
with Disabilities: The contractor must be familiar with the
requirements for and comply with the Americans with Disabilities
Act and all rules and regulations established there under.
Employers must provide reasonable accommodation in all
employment activities unless to do so would cause an undue
hardship.
9. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shall not discriminate on
the grounds of race, color, religion, sex, national origin, age or
disability in the selection and retention of subcontractors,
including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to
ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State
DOT's U.S. DOT -approved DBE program are incorporated by
reference.
b. The contractor or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT -assisted contracts. Failure by the
contractor to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract
or such other remedy as the contracting agency deems
appropriate.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of three
years following the date of the final payment to the contractor for
all contract work and shall be available at reasonable times and
places for inspection by authorized representatives of the
contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
G-3
(1) The number and work hours of minority and non -minority
group members and women employed in each work classification
on the project;
(2) The progress and efforts being made in cooperation with
unions, when applicable, to increase employment opportunities
for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of the
project, indicating the number of minority, women, and non -
minority group employees currently engaged in each work
classification required by the contract work. This information is to
be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of the
last payroll period preceding the end of July. If on-the-job training
is being required by special provision, the contractor will be
required to collect and report training data. The employment data
should reflect the work force on board during all or any part of the
last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction
contracts and to all related construction subcontracts of $10,000
or more.
The contractor must ensure that facilities provided for employees
are provided in such a manner that segregation on the basis of
race, color, religion, sex, or national origin cannot result. The
contractor may neither require such segregated use by written or
oral policies nor tolerate such use by employee custom. The
contractor's obligation extends further to ensure that its
employees are not assigned to perform their services at any
location, under the contractor's control, where the facilities are
segregated. The term "facilities" includes waiting rooms, work
areas, restaurants and other eating areas, time clocks, restrooms,
washrooms, locker rooms, and other storage or dressing areas,
parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The
contractor shall provide separate or single -user reslrooms and
necessary dressing or sleeping areas to assure privacy between
sexes.
IV. DAVIS-BACON AND RELATED ACT
PROVISIONS
This section is applicable to all Federal -aid construction projects
exceeding $2,000 and to all related subcontracts and lower -tier
subcontracts (regardless of subcontract size). The requirements
apply to all projects located within the right-of-way of a roadway
that is functionally classified as Federal -aid highway. This
excludes roadways functionally classified as local roads or rural
minor collectors, which are exempt. Contracting agencies may
elect to apply these requirements to other projects.
The following provisions are from the U.S. Department of Labor
regulations in 29 CFR 5.5 "Contract provisions and related
matters" with minor revisions to conform to the FHWA-1273
format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon the
site of the work, will be paid unconditionally and not less often
records which show that the commitment to provide such benefits
is enforceable, that the plan or program is financially responsible,
and that the plan or program has been communicated in writing to
the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and
the ratios and wage rates prescribed in the applicable programs.
b. (1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to the
contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included on
weekly transmittals. Instead the payrolls shall only need to include
an individually identifying number for each employee ( e.g. , the
last four digits of the employee's social security number). The
required weekly payroll information may be submitted in any form
desired. Optional Form WH -347 is available for this purpose from
the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/vvh347instr.htm or its successor
site. The prime contractor is responsible for the submission of
copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and
current address of each covered worker, and shall provide them
upon request to the contracting agency for transmission to the
State DOT, the FHWA or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation
of this section for a prime contractor to require a subcontractor to
provide addresses and social security numbers to the prime
contractor for its own records, without weekly submission to the
contracting agency..
(2) Each payroll submitted shall be accompanied by a "Statement
of Compliance," signed by the contractor or subcontractor or his
or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR
part 5, and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from
the full wages earned, other than permissible deductions as
set forth in Regulations, 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated
into the contract.
(3) The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH -347 shall
satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph 3.b.(2) of this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
G-5
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized representatives
of the contracting agency, the State DOT, the FHWA, or the
Department of Labor, and shall permit such representatives to
interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or
to make them available, the FHWA may, after written notice to the
contractor, the contracting agency or the State DOT, take such
action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make
such records available may be grounds for debarment action
pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with a
State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has
been certified by the Office of Apprenticeship Training, Employer
and Labor Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an
apprentice.
The allowable ratio of apprentices to journeymen on the job site
in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work
actually performed. Where a contractor is performing construction
on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages
of the journeyman's hourly rate) specified in the contractor's or
subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified
in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall
be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount
of fringe benefits listed on the wage determination for the
applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination.
In the event the Office of Apprenticeship Training, Employer and
Labor Services, or a State Apprenticeship Agency recognized by
District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the
clause set forth in paragraph (1.) of this section, in the sum of $10
for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action or
upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor
or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally -
assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such
sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages
and liquidated damages as provided in the clause set forth in
paragraph (2.) of this section.
4. Subcontracts. The contractor or subcontractor shall insert in
any subcontracts the clauses set forth in paragraph (1.) through
(4.) of this section and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth
in paragraphs (1.) through (4.) of this section.
uN41O�1A■illlLeXel:7T-1*11 Z I I Z 31a4i•] k101-- 1
This provision is applicable to all Federal -aid construction
contracts on the National Highway System.
1. The contractor shall perform with its own organization contract
work amounting to not less than 30 percent (or a greater
percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items designated
by the contracting agency. Specialty items may be performed by
subcontract and the amount of any such specialty items
performed may be deducted from the total original contract price
before computing the amount of work required to be performed by
the contractor's own organization (23 CFR 635.116).
a. The term "perform work with its own organization" refers to
workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor or lower tier subcontractor, agents
of the prime contractor, or any other assignees. The term may
include payments for the costs of hiring leased employees from
an employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the
following conditions:
(1) the prime contractor maintains control
over the supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor. remains responsible for the quality of
the work of the leased employees;
(3) the prime contractor retains all power to
accept or exclude individual employees from work on the project;
and
(4) the prime contractor remains ultimately responsible for the
payment of predetermined minimum wages, the submission of
payrolls, statements of compliance and all other Federal
regulatory requirements.
G-7
b. "Specialty Items" shall be construed to be limited to work that
requires highly specialized knowledge, abilities, or equipment not
ordinarily available in the type of contracting organizations
qualified and expected to bid or propose on the contract as a
whole and in general are to be limited to minor components of the
overall contract.
2. The contract amount upon which the requirements set forth in
paragraph (1) of Section VI is computed includes the cost of
material and manufactured products which are to be purchased or
produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or
supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the contract.
Written consent will be given only after the contracting agency
has assured that each subcontract is evidenced in writing and that
it contains all pertinent provisions and requirements of the prime
contract.
5. The 30% self -performance requirement of paragraph (1) is not
applicable to design -build contracts; however, contracting
agencies may establish their own self -performance requirements.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply
with all applicable Federal, State, and local laws governing safety,
health, and sanitation (23 CFR 635). The contractor shall provide
all safeguards, safety devices and protective equipment and take
any other needed actions as it determines, or as the contracting
officer may determine, to be reasonably necessary to protect the
life and health of employees on the job and the safety of the
public and to protect property in connection with the performance
of the work covered by the contract.
2. It is a condition of this contract, and shall be made a condition
of each subcontract, which the contractor enters into pursuant to
this contract, that the contractor and any subcontractor shall not
permit any employee, in performance of the contract, to work in
surroundings or under conditions which are unsanitary, hazardous
or dangerous to his/her health or safety, as determined under
construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with
Section 107 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that
the Secretary of Labor or authorized representative thereof, shall
have right of entry to any site of contract performance to inspect
or investigate the matter of compliance with the construction
safety and health standards and to carry out the duties of the
Secretary under Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To
verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not
required to, check the Excluded Parties List System website
(https://www.epis.gov/1, which is compiled by the General
Services Administration.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause. The
knowledge and information of the prospective participant is not
required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or
agency may terminate this transaction for cause or default.
2. Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion — First Tier Participants:
a. The prospective first tier participant certifies to the best of its
knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal department
or agency;
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a
public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes
or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or
receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or local)
with commission of any of the offenses enumerated in paragraph
(a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
b. Where the prospective participant is unable to certify to any
of the statements in this certification, such prospective participant
shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions requiring prior FHWA approval or estimated to
cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
G-9
b. The certification in this clause is a material representation of
fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government,
the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of changed
circumstances.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180
and 1200. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
"First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds
and a participant (such as the prime or general contract). "Lower
Tier Covered Transactions" refers to any covered transaction
under a First Tier Covered Transaction (such as subcontracts).
"First Tier Participant" refers to the participant who has entered
into a covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). "Lower Tier
Participant' refers any participant who has entered into a covered
transaction with a First Tier Participant or other Lower Tier
Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or
agency with which this transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To
verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not
required to, check the Excluded Parties List System website
(https://www.epls.gov/), which is compiled by the General
Services Administration.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of participant is not required to exceed that which
is normally possessed by a prudent person in the ordinary course
of business dealings.
I. Except for transactions authorized under paragraph a of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
EXHIBIT H
Federal Contract Provisions
In addition to provisions defining a sound and completed procurement contract, any recipient of federal
funds shall include the following:
Contracts other than small purchases shall contain administrative, contractual or legal remedies in
instances where contractors violate or breach contract terms, and provide for such sanctions and
penalties as may be appropriate.
2. All contracts in excess of $10,000 shall contain suitable provision for termination for cause and for
convenience by the grantee, including the manner by which it will be effected and the basis for
settlement. In addition, such contract shall describe conditions under which the contract may be
terminated for default as well as conditions where the contract may be terminated because of
circumstances beyond the control of the contractor (41 CFR Part 60-1.4)
3. EQUAL EMPLOYMENT OPPORTUNITY
All contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees shall
contain a provision requiring compliance with Executive Order 11246, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor
regulations found at 41 CFR Part 60-1.4(b). See Equal Opportunity Clause below for full language
from 41 CFR Part 60-1.4(b).
4. DAVIS-BACON ACT
All construction contracts in excess of $2,000 must include a provision for compliance with the Davis -
Bacon Act (40 USC 276a to a-7) as supplemented by Department of Labor regulations (29 CFR,
Part 5). See attached Federal Labor Standards Provisions form (HUD -4010).
5. COPELAND "ANTI -KICKBACK" ACT
All contracts and subgrants for construction or repair shall include a provision for compliance with
the Copeland "Anti -Kickback" Act (18 USC 874) as supplemented in Department of Labor regulations
(29 CFR, Part 3). See attached Federal Labor Standards Provisions form (HUD -4010).
6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Where applicable, all contracts awarded by grantees and subgrantees in excess of $2,000 for
construction contracts and in excess of $100,000 are required, pursuant to the Contract Work Hours
and Safety Standards Act, to pay employees one and one-half times their basic rates of pay for all
hours over 40 worked on covered contract work in a workweek. Covered contractors and
subcontractors are also required to apply employees weekly and to submit weekly certified payroll
records to the contracting agency. (40 USC 327-330) as supplemented by the Department of Labor
regulations (29 CFR, Part 5).
As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards.
A. Overtime requirements: No contractor or subcontractor contracting for any part of the contract
work may require or involve the employment of laborers or mechanics shall require permit
any such laborer or mechanic in any workweek in which he or she is employed on such work or work
in excess of forty hours in such workweek unless such laborer or mechanic receives compensation
at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of
forty hours in such workweek.
H-1
Expiration of right of access. The rights of access in this section are not limited to the required
retention period but last as long as the records are retained. Federal awarding agencies and pass-
through entities must not impose any other access requirements upon non -Federal entities.
10. RETENTION REQUIREMENTS FOR RECORDS: 2 CFR Part 200.333
Grantees shall require contractors to maintain all required records for three years after the County
makes final payments and all other pending matters are closed.
Financial records, supporting documents, statistical records and all other non -Federal entity records
pertinent to a grant shall be retained for a period of three years from the date of submission of the
final expenditure report as reported to the Federal awarding agency or pass-through entity.. Federal
awarding agencies and pass-through entities must not impose any other record retention
requirements upon non -Federal entities. The only exceptions are found in this section of the federal
regulations, including: . If any litigation, claim, negotiation, audit or other action is started before the
expiration of the three-year period, the records shall be retained until all litigations, claims or audit
findings involving the records have been resolved.
11. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federally assisted construction contracts and to all related subcontracts of
$100,000 or more.)
Contracts, subcontracts, and subgrants of amounts in excess of $100,000 shall contain a provision
which requires compliance with all applicable standards, orders, or requirements issued under
Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC
1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15),
which prohibit the use of non-exempt Federal contracts, grants, or loans of facilities included on the
EPA List of Violating Facilities. The provision shall require reporting of violations to the grant agency
and to the USEPA Assistance Administrator for Enforcement (EN -329).
By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder,
Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:
That any facility that is or will be utilized in the performance of this contract, unless such contract is
exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-
604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as
amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40
CFR 15) is not listed, on the date of contract award, on the U. S. Environmental Protection Agency
(EPA) List of Violating Facilities pursuant to 40 CFR 15.20.
That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of
the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and
guidelines listed thereunder.
That the firm shall promptly notify the awarding agency of the receipt of any communication from the
Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the
contract is under consideration to be listed on the EPA List of Violating Facilities.
That the firm agrees to include or cause to be included the requirements of this Section in every
nonexempt subcontract, and further agrees to take such action as the government may direct as a
means of enforcing such requirements.
H-3
The contractor or subcontractor shall make the records required available for inspection, copying, or
transcription by authorized representatives of the awarding agency or the DOL, and shall permit
such representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, the awarding agency,
HUD or DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take
such actions as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records upon request or to make
such records available may be grounds of debarment action pursuant to 29 CRF 5.12.
17. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION PRIMARY COVERED TRANSACTIONS:
(Applicable to all Federal -aid contracts 49 CFR 29)
By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below.
The inability of a person to provide the certification set out below will not necessarily result in denial
of participation in this covered transaction. The prospective participant shall submit an explanation
of why it cannot provide the certification set out below. The certification or explanation will be
considered in connection with the department or agency's determination whether to enter into this
transaction. However, failure of the prospective primary participant to furnish a certification or an
explanation shall disqualify such a person from participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined that
the prospective primary participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or agency may terminate this
transaction for cause or default.
The prospective primary participant shall provide immediate written notice to the department or
agency to which this proposal is submitted if any time the prospective primary participant learns that
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered
transaction", "participant", "person", "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the department
or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations.
The prospective primary participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency
entering into this transaction.
The prospective primary participant further agrees by submitting this proposal that it will include the
clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transaction," provided by the department or agency entering into this covered
transaction, without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions.
H-5
EXHIBIT I
Federal Wage Rates
7
05/29/2020
8
07/03/2020
9
07/17/2020
10
07/24/2020
11
07/31/2020
12
08/07/2020
13
09/04/2020
14
09/25/2020
15
10/09/2020
16
10/16/2020
17
10/23/2020
ASBE0005-002 07/06/2020
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems) .....$ 45.39 23.74
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls) ...........................$ 28.92 18.73
ASBE0005-004 07/01/2019
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not) .... $ 20.63 12.17
BOIL0092-004 03/01/2018
Area within a 25 mile radius of City of Santa Maria
Rates Fringes
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial) ................$
42.54
19.17
(4) Pneumatic Nailer,
Power Stapler ...............$
40.09
19.17
(5) Sawfiler...............$
39.83
19.17
(6) Scaffold Builder .......
$ 31.60
19.17
(7) Table Power Saw
Operator ....................$
40.93
19.17
FOOTNOTE: Work of forming in the construction of open cut
sewers or storm drains, on operations in which horizontal
lagging is used in conjunction with steel H -Beams driven or
placed in pre- drilled holes, for that portion of a lagged
trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
----------------------------------------------------------------
CARP0409-005 07/01/2015
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER .... $ 37.35 11.08
STOCKER/SCRAPPER ............ $ 10.00 7.17
----------------------------------------------------------------
CARP0409-008 08/01/2010
Rates Fringes
Modular Furniture Installer ...... $ 17.00 7.41
----------------------------------------------------------------
ELEC0639-001 01/01/2020
Rates Fringes
Electricians
Wireman/Technician.......... $ 44.50 22.59
FOOTNOTES:
CABLE SPLICER: 10% additional per hour above
Wireman/Technician basic hourly rate.
Work from trusses, swinging scaffolds, open ladders,
scaffolds, bosun chairs, stacks or towers, where subject to
a direct fall from the ground floor or support structure
SAN LUIS OBISPO COUNTY
Rates Fringes
Communications System
Installer ...................$ 36.72 14.76
Technician ..................$ 30.89 11.66
SCOPE OF WORK: Installation, testing, service and maintenance
of systems utilizing the transmission and/or transference
of voice, sound, vision and digital for commercial,
educational, security and entertainment purposes for the
following: TV monitoring and surveillance, background -
foreground music, intercom and telephone interconnect,
microwave transmission, multi -media, multiplex, nurse call
systems, radio page, burglar alarms and fire alarm (see
last paragraph below).
Communication Systems that transmit or receive information
and/or control systems that are intrinsic to the above
listed systems; inclusion or exclusion of terminations and
testings of conductors determined by their function;
excluding all other data systems or multiple systems which
include control function or power supply; excluding
installation of raceway systems, conduit systems, line
voltage work, and energy management systems.
Fire alarm work shall be performed at the current inside
electrician total cost package.
ELEC1245-001 06/01/2020
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 59.14 20.78
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment) ........... $ 47.24 19.59
(3) Groundman...............$ 36.12 19.19
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
(Cranes, Piledriving &
Hoisting)
GROUP
1
....................$
49.60
27.20
GROUP
2
....................$
50.38
27.20
GROUP
3
....................$
50.67
27.20
GROUP
4
....................$
50.81
27.20
GROUP
5
....................$
51.03
27.20
GROUP
6
....................$
51.14
27.20
GROUP
7
....................$
51.26
27.20
GROUP
8
....................$
51.43
27.20
GROUP
9
....................$
51.60
27.20
GROUP
10
....................$
52.60
27.20
GROUP
11
....................$
53.60
27.20
GROUP
12
....................$
54.60
27.20
GROUP
13
....................$
55.60
27.20
OPERATOR:
Power Equipment
(Tunnel Work)
GROUP
1
....................$
50.10
27.20
GROUP
2
....................$
50.88
27.20
GROUP
3
....................$
51.17
27.20
GROUP
4
....................$
51.31
27.20
GROUP
5
....................$
51.53
27.20
GROUP
6
....................$
51.64
27.20
GROUP
7
....................$
51.76
27.20
PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator
work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base,
Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics
Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material
environment: $2.00 per hour additional. Combination mixer
and compressor operator on gunite work shall be classified
as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch
Witch, with seat or similar type equipment; Elevator
operator -inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant
operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt -rubber plant operator (nurse tank operator);
or finish), rubber -tired earth moving equipment (single
engine, up to and including 25 yds. struck); Self-propelled
tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator -bulldozer, tamper -scraper (single engine,
up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1
drum); Ultra high pressure waterjet cutting tool system
operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing); Asphalt paving machine operator (Barber Greene
or similar type); Asphalt -rubber distribution operator;
Backhoe operator (up to and including 3/4 yd.), small ford,
Case or similar; Cast -in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite
work); Compactor operator (self-propelled); Concrete mixer
operator (paving); Crushing plant operator; Drill Doctor;
Drilling machine operator, Bucket or auger types (Calweld
150 bucket or similar types - Watson 1500, 2000 2500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum); Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and
similar types); Mobark Chipper or similar; Ozzie padder or
similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type);
Pumperete gun operator; Rock Drill or similar types; Rotary
drill operator (excluding caisson type); Rubber -tired
earth -moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. up to and including 50 cu.
yds. struck); Rubber -tired earth -moving equipment operator
(multiple engine up to and including 25 yds. struck);
Rubber -tired scraper operator (self -loading paddle wheel
type -John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy;
Skiploader operator (crawler and wheel type over 1-1/2 yds.
up to and including 6-1/2 yds.); Soil remediation plant
operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator
(any type larger than D-5 - 100 flywheel h.p. and over, or
similar -bulldozer, tamper, scraper and push tractor single
engine); Tractor operator (boom attachments), Traveling
pipe wrapping, cleaning and bendng machine operator;
a second piece of equipment: $1.00 per hour additional);
Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber -tired earth -moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck); Rubber -tired earth -moving equipment operator,
operating equipment with push-pull system (multiple
engine -up to and including 25 yds. struck)
GROUP 16: Rubber -tired earth -moving equipment operator,
operating equipment with push-pull system (single engine,
over 50 yds. struck); Rubber -tired earth -moving equipment
operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber -tired earth -moving equipment operator,
operating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck);
Tandem tractor operator (operating crawler type tractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber -tired earth -moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types);
Rubber -tired earth -moving equipment operator, operating in
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds.and up to and including 50
cu. yds. struck); Rubber -tired earth -moving equipment
operator, operating in tandem (scrapers, belly dumps and
similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber -tired earth -moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber -tired
earth -moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50
yds. struck)
operator; Lift slab machine operator (Vagtborg and similar
types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar
type); Shovel, backhoe, dragline, clamshell operator (over
3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity); Shovel, backhoe, dragline,
clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc); Derrick barge operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator;
Hoist operator, stiff legs, Guy derrick or similar type
(over 25 tons up to and including 50 tons mrc); K-crane
operator; Polar crane operator; Self erecting tower crane
operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50
tons up to and including 100 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 50 tons up to
and including 100 tons mrc), Mobile tower crane operator
(over 50 tons, up to and including 100 tons M.R.C.); Tower
crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100
tons up to and including 200 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc); Mobile tower crane operator
(over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including
300 tons mrc); Derrick barge operator (over 200 tons up to
and including 300 tons mrc); Hoist operator, stiff legs,
Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge
operator (over 300 tons); Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type (over 300 tons);
County, as that point which is the SE corner of Section 34,
T24S, R40E, MDM. Continue W along the Inyo and Kern County
boundary until the intersection with Tulare County, at that
point which is the SW corner of the SE quarter of Section 32,
T24S, R37E, MDM. Continue W along the Kern and Tulare County
boundary, until that point which is the NW corner of T25S,
R32E, MDM. Continue S following R32E lines to the NW corner of
T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E,
MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue
W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along
south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along
south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of RIE, SMB to Riverside County
line at the SW corner of TIS, RIE, SBM. Continue E along south
boundary of T1s, SBM (Riverside County Line) to SW corner of
T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to
Imperial County line at the SW corner of TBS, R10E, SBM.
Continue W along Imperial and Riverside county line to NW
corner of T9S, R9E, SBM. Continue S along the boundary between
Imperial and San Diego Counties, along the west edge of R9E,
SBM to the south boundary of Imperial County/California state
line. Follow the California state line west to Arizona state
line, then north to Nevada state line, then continuing NW back
to start at the point which is the NW corner of Section 1,
T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO,
KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5
miles north of the community of Cholame, on the Monterey County
and San Luis Obispo County boundary at the NW corner of T25S,
R16E, Mt. Diablo Meridian. Continue south along the west side
of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW
corner of T30S, R17E, MDM. Continue S to SW corner of T31S,
R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San
Bernardino Meridian numbering area and becomes R30W. Follow
the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa
Barbara County and Ventura County boundary at that point whch
is the SW corner of Section 34.T9N, R24W, SBM, continue S along
the Ventura County line to that point which is the SW corner of
the SE quarter of Section 32, T7N, R24W, SBM. Continue E
along the south edge of T7N, SBM to the SE corner to T7N, R21W,
SBM. Continue N along East side of R21W, SBM to Ventura County
and Kern County boundary at the NE corner of TBN, R21W.
Continue W along the Ventura County and Kern County boundary to
(DREDGING)
(1) Leverman................$
56.40
30.00
(2) Dredge dozer ............
$ 50.43
30.00
(3) Deckmate................$
50.32
30.00
(4) Winch operator (stern
winch on dredge) ............
$ 49.77
30.00
(5) Fireman -Oiler,
Deckhand, Bargeman,
Leveehand...................$
49.23
30.00
(6) Barge Mate ..............$
49.84
30.00
IRON0433-006 07/01/2020
Rates Fringes
IRONWORKER
Fence Erector ...............$ 34.58 24.81
Ornamental, Reinforcing
and Structural ..............$ 41.00 33.45
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center -Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
----------------------------------------------------------------
LAB00220-001 07/01/2020
Rates Fringes
LABORER (TUNNEL)
GROUP 1 .....................$ 42.54 21.04
GROUP 2 .....................$ 42.86 21.04
longer; Dri-pak-it machine; Gas, oil and/or water pipeline
wrapper, 6 -in. pipe and over, by any method, inside and
out; High scaler (including drilling of same); Hydro seeder
and similar type; Impact wrench multi -plate; Kettle person,
pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling
of such materials for pipe wrapping and waterproofing);
Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and
similar mechanical tools not separately classified herein;
Pipelayer's backup person, coating, grouting, making of
joints, sealing, caulking, diapering and including rubber
gasket joints, pointing and any and all other services;
Rock slinger; Rotary scarifier or multiple head concrete
chipping scarifier; Steel headerboard and guideline setter;
Tamper, Barko, Wacker and similar type; Trenching machine,
hand -propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump
person, and asphalt spreader boxes (all types); Concrete
core cutter (walls, floors or ceilings), grinder or sander;
Concrete saw person, cutting walls or flat work, scoring
old or new concrete; Cribber, shorer, lagging, sheeting and
trench bracing, hand -guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person;
Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer
performing all services in the laying and installation of
pipe from the point of receiving pipe in the ditch until
completion of operation, including any and all forms of
tubular material, whether pipe, metallic or non-metallic,
conduit and any other stationary type of tubular device
used for the conveying of any substance or element, whether
water, sewage, solid gas, air, or other product whatsoever
and without regard to the nature of material from which the
tubular material is fabricated; No -joint pipe and stripping
of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot -Blast
GROUP 5: Blaster powder, all work of loading holes, placing
and blasting of all powder and explosives of whatever type,
regardless of method used for such loading and placing;
Driller: All power drills, excluding jackhammer, whether
core, diamond, wagon, track, multiple unit, and any and all
other types of mechanical drills without regard to the form
of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
LABORER (GUNITE)
GROUP 1 .....................$ 45.05 19.62
GROUP 2 .....................$ 44.10 19.62
GROUP 3 .....................$ 40.56 19.62
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable
classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour
above the foregoing applicable classification rates, paid
on a portal-to-portal basis. Any work performed on, in or
above any smoke stack, silo, storage elevator or similar
type of structure, when such structure is in excess of
75'-0"" above base level and which work must be performed in
whole or in part more than 75'-0"" above base level, that
work performed above the 75'-0"" level shall be compensated
for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
LAB01184-001 07/01/2020
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer ...
$ 37.85
15.99
(2) Vehicle Operator/Hauler.$
38.02
15.99
(3) Horizontal Directional
Drill Operator ..............$
39.87
15.99
(4) Electronic Tracking
Locator .....................$
41.87
15.99
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1 .....................$
39.06
19.01
GROUP 2 .....................$
40.36
19.01
GROUP 3 .....................$
42.37
19.01
GROUP 4 .....................$
44.11
19.01
LABORERS - STRIPING CLASSIFICATIONS
(2)
High Iron & Steel .......
$ 32.12
16.03
(3)
Journeyman Painter
including Lead Abatement ....
$ 30.04
16.03
(4)
Industrial ..............$
34.02
16.49
(5)
All other work ..........
$ 30.04
16.03
REPAINT of any previously painted structure. Exceptions: work
involving the aerospace industry, breweries, commercial
recreational facilities, hotels which operate commercial
establishments as part of hotel service, and sports facilities.
HIGH IRON & STEEL:
Aerial towers, towers, radio towers, smoke stacks, flag poles
(any flag poles that can be finished from the ground with a
ladder excluded), elevated water towers, steeples and domes in
their entirety and any other extremely high and hazardous work,
cooning steel, bos'n chair, or other similar devices, painting
in other high hazardous work shall be classified as high iron &
steel
----------------------------------------------------------------
* PAIN0036-008 10/01/2020
Rates Fringes
DRYWALL FINISHER/TAPER ........... $ 43.18 20.92
----------------------------------------------------------------
PAIN0169-002 06/01/2020
Rates Fringes
GLAZIER ..........................$ 40.00 26.76
----------------------------------------------------------------
PAIN1247-002 01/01/2020
Rates Fringes
SOFT FLOOR LAYER .................$ 37.55 13.78
----------------------------------------------------------------
PLAS0200-001 08/07/2019
Rates Fringes
PLASTERER ........................$ 43.73 16.03
----------------------------------------------------------------
PLAS0500-002 07/01/2020
Rates Fringes
SFCA0669-014 04/01/2020
Rates Fringes
SPRINKLER FITTER .................$ 38.95 25.63
----------------------------------------------------------------
SHEE0273-002 08/01/2019
Rates Fringes
SHEET METAL WORKER ...............$ 45.48 30.05
HOLIDAYS: New Year's Day, Martin Luther King Day, President's
Day, Good Friday, Memorial Day, Indepdendence Day, Labor
Day, Veterans Day,Thankisgiving Day & Friday after,
Christmas Day
----------------------------------------------------------------
TEAM0011-002 07/01/2020
Rates Fringes
TRUCK DRIVER
GROUP
1 ....................$
32.59
30.59
GROUP
2 ....................$
32.74
30.59
GROUP
3 ....................$
32.87
30.59
GROUP
4 ....................$
33.06
30.59
GROUP
5 ....................$
33.09
30.59
GROUP
6 ....................$
33.12
30.59
GROUP
7 ....................$
33.37
30.59
GROUP
8 ....................$
33.62
30.59
GROUP
9 ....................$
33.82
30.59
GROUP
10 ....................$
34.12
30.59
GROUP
11 ....................$
34.62
30.59
GROUP
12 ....................$
35.05
30.59
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training
Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the E0, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.