HomeMy WebLinkAbout2011-013 G.Sosa Construction Amend No.1 t
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CITY OF ATASCADERO
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AMENDMENT NO 1, May 11, 2011
To Contract #2011-011
G Sosa Construction, Inc
for
Streetscape Phase III Bid Alternate D
r
19 8
AMENDMENT TO CONTRACTOR SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
G Sosa Construction, Inc
This document is the first amendment to the contract made and entered into between
City of Atascadero, a Municipal Corporation ("City") and G Sosa Construction, Inc
("Contractor") All certifications and assurances as agreed to in the Downtown
Streetscape Phase III plans, specifications and contract number 2011-001 are hereby
incorporated into this amendment. The following scope of work and compensation are in
addition to that specified in the above referenced contract.
SCOPE OF SERVICE.
The Bid Alternate D project area consists of El Camino Real paving from San Jacinto
Avenue to San Anselmo Road (East), upgraded signage, continuous bike lane striping
to the downtown and the repair of traffic loops at the San Anselmo / EI Camino Real
signal No additional working days will be granted as a result of this contract
addendum The work outlined in this addendum will be completed in within the
remaining working days of the original contract. The total working days for the project
can only be extended upon mutual written agreement of both G Sosa Construction and
the City of Atascadero
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COMPENSATION.
Services provided as described in the plans and specifications Downtown
Streetscape Phase III, as Awarded by Atascadero City Council on May 10, 2011 to
be Bid Alternate D in the amount of $333,707.00, not to exceed the total contract
amendment price of$333,707 00 Any additional services not included in the scope of
services must be approved by a City of Atascadero Change Order prior to performing
any additional work. All additional work authorized by a City of Atascadero Change
Order will be compensated at the same unit cost for the defined services as determined
on the bidder's original bid sheet.
Payment for work performed will be issued within 30 days of receipt and approval of
invoices No invoice will be approved w1thout receipt and approval of certified payroll
records
Final Payment
A 10% 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 receipt of a
10% maintenance bond, the City of Atascadero's final approval and the satisfactory
completion of the project.
TOTAL COST OF CONTRACT AMENDMENT NOT TO EXCEED $333,70700
WITHOUT PRIOR WRITTENAUTHORIZATION
Except as modified by this agreement, the terms of the Contractor Services Agreement,
Contract No 2011-001, entered into by the parties shall remain in full force and effect.
AGREED to the 11th day of May, 2011 by the parties as follows
City of Atascadero G Sosa C nstruction Inc
C� VA
Wade G Mc ney, City Manage Gregory Sosa, President
Approved as to for
Brian Pierik, City Attorney
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ADDENDUM No.1-REVISED BID SHEET
City of Atascadero
DOWNTOWN STREETSCAPE PHASE III
BID NO 2011-001
REVISED SCHEDULE D AC OVERLAY EL CAMINO REAL,SAN JACINTO AVE.to SAN
ANSELMO AVE. BID ALTERNATE
.........................-.............
ITEM SPEC APPROX.
NO. DESCRIPTION UNIT NO, CITY UNIT PRICE TOTAL ITEM PRICE
_I Mobilization(Not to exceed 2 5%
of the total Schedule D Bid
Alternate price) LS 10.01 i
2 Traffic Control LS 10.02 1
Stormwater Pollution Prevention
Plan LS 10.03 1
............ ..........
3a BMPS LS 1003 1
LS
-..................
AC Leveling Course 1/2" 318"
4 Medium - IN 1012 370 k\C>
AC Overlay'-2"1-/'2"'-Max_Medium
5 Type A PG64-10 TN 1 10 12 2,070 A"AL-)
. ...........................................
6 Grind&Remove 2"AC Sy 1007 3,451
Lower Manhole Frames&Covers
7 Prior to Milling 1 EA 10.21 4 Sc>'o ZcGCs
Lower Water Tj—Covers i3r-i o-r to 1
EA 10.21 4
Install New Manhole Frames
9 Covers and Rings to Finish Grade EA 10.21 9 k occ,
Adjust Water Valve Covers to
10 Finish Grade EA 10.21 12030 (pCiCJ
Replace Stop Sign w Pri s m a I i c
11 Reflective Sign EA 10.06 2 11510 Soo
Striping,Lettering,Symbols,
12 Raised Markers LS 1006 1
Grind All Existing Striping Prior to
13 Leveling Course LS 1 1006 1
14 Remove Signage(Salvage to City) EA 1 10,06
Remove Sign Pole
................
5 EA 10.06 7 OC)
New Signage(Prismatic
16 Reflective EA 10.06 17 OG
---
16 New Steel Sign Pole EA 10 06 1 C)O 00
18 Red Curb Painting, LF 10-06 704
I
...............STOP ........... ..........
White Curb Painting BUS
19 Stenciling LF 10.06 40 (000
20 Replace Traffic Loops LS 10.27 00 t3coo
SCHEDULE 'D"TOTAL BID ALTERNATIVE PRICE: S
LS=Lump S=,Sf =Square Feet,EA=Each,LF=Linear Feet,TN=I on,CY-Cubic Yard,SY=Square Yard
*NOTES.
1 In case of error in extension or price into the total price column,IN,unit price will govern.
2.In the event that this schedule or these quantities conflict with the plans,in all cases the
plans will govern for bidding purposes.
Schedule"D"Total Bid Alternate Price(in words).-TKx---
,
aSosaConstruction.Inc.
G.SnsaConstruction,Inc.
288VSanta Maria Way,Suite O3
Santa Maria,[A93456
805.934.3606 805.334.3609
Subcontractors:
Coastal Demno--8avvcutBridge Wall—Partial item 11Schedule 8—$8,UUOI0
VVoeyteElect,ic lnU%mfitems 10' 15, 16'26'27 28.Z9'3O.31'3Z'3l34ofSchedule 8
100%of )tem ZOonSchedule D
Precision Concrete, 1O0%ofItem 3S—Stamped Concrete nfSchedule 8
Central Coast Fence: l0O%ofitem 39--W1eia|Railing nfSchedule 0
Harris Rebar. $1S'000.00ofitem 36ofSchedule 8—[oncreteGuard Railing. They are installing the
Steel Reinforcement.
Tome Grading and Paving: $zU.00}.$Oofitem SonSchedule C--Paving (we are paying for the
Asphalt Concrete for all oftheir bid items)
$2O,00Ul0mfitem 6onSchedule C
$l]'OOO.8OofItem 4onSchedule O
$3O^OOU,OQo/item 5unSchedule D
TosteConstruction,Inc. 1DOY6ofItems 14 15'17 J8ofSchedule C
1UO%ofItems 12,13,18. 19of Schedule
5
"
aS*saConstruction.Inc.
Statewide Safety and Signs: 6O%ofitem 2ofSchedules B'(,and D—Traffic Control
100%of|tems. 5,Schedule 8
I3,Z3,24,lS,26Schedule[
11,14 I5' 16, 17 Schedule
G.Sosa Construction.Inc.
Bid Schedule D:
Item Work Performed DBE no and Exp Name ofDBE S NMI
1 Mobilization 24244 12124/14 G Sosa Construction,Inc. 5000
2 Traffic Control 24244 12;24/14 G. Sosa Construction, Inc, 6750
3 SWPPP 24244 12/24/14 0 Sosa Construction,Inc. 1000
3a B-M P,s 242" 12/24114 G.Sosa Construction,Inc 3000
4 A.0 Leveling Course 24244 12124r'14 6 Sosa Construction,Inc. 27700
5 AC Overlay 24244 12;124/14 0 Sosa Construction,Inc, 160440
6 Grind and Remove AC
7 Lower Manholes 24244 12,124/14 G.Sosa Construction,Inc, 2000
8 Lower Water Valves 24244 12124114 G Sosa Construction,Inc, 2000
9 Install New Manholes 24244 12!24114 G Sosa Construction,Inc, 9000
to Adjust Water Valves 24244 12;124/14 G Sosa Construction.,Inc. 6000
11 Replace Stop Signs
12 Striping
I I Grind Existing Striping
14 Remove Signage
15 Remove Sign Pole
16 New Signage
17 New Steel Sign Pole
18 Red Curb Painting
19 White Curb Painting
-10
Replace'rTaffic Loops
Total Claimed Participation- $224.890 00 2 18-2011 by Bman Sosa,V.P
Due to hfils coming in after our departure from our qffire inSanto.8faria,to 4tascadero, we do not have a
copy of our Base Bid Schedule B,so we can not confirm an exact dollar amount of UDBE participation.
flou,ever we well exceed the 3%goal in till schedules qf the project.
G.Sosa Construction is located at 2880 Santa Maria Way Suite D3,in Santaffaria,CA 93455. Phone number
is 805.934.3606
Precision Concrete,lite.is located at 759 Hartnell Road in Santa Muria.C4 93455. Their Phone number is
805.928.0957
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CITY ATASCADERO DEPARTMENT OF PUBLIC WORKS
DATA UNIVERSAL NUMBERING SYSTEM (D-U-N-S)
NUMBER
Submit this form with the Executed Contract.If you fail to submit your D-U-N-S Number the
Department will not approve the contract
CONTRACT NUMBER. �0k\ /001
CONTRACTOR NAME So sa Ttw c., n ►�►c..
BUSINESS ADDRESS (D-U-N-S Number Location)
STREET
CITY G.
SA seNsReN,'Ne.
400 E.CLARK AVE,SUITE D
STATE °�'n CA 934%
(fes 934-3" F(9(15)93446M
ZIP CODE
D-U-N-S Number g I P9-1 9 (al 5
Contact Name COR-r,& Sos,*
Telephone No
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SECTION 8 - FEDERAL REQUIREMENTS FOR FEDERAL-AID PROJECTS
GENERAL.—The work herein proposed will be financed in
whole or in part with Federal funds, and therefore all of the
statutes, rules and regulations promulgated by the Federal (This form need not be filled in if all joint venture firms are
Government and applicable to work financed in whole or in DBE owned)
part with Federal funds will apply to such work_ The
"Required Contract Provisions, Federal-Aid Construction
Contracts, 'Form FHWA 1273, are included in this Section 1 Name of joint venture
14 Whenever in said required contract provisions
references are made to "SHA contracting officer 'SHA
resident Engineer or 'authorized representative of the
SHA, such references shall be construed to mean 2.Address of joint venture
"Engineer" as defined in Section 1-1 18 of the Standard
Specifications.
PERFORMANCE OF PREVIOUS CONTRACT—in ad- 3. Phone number of joint venture
dition to the provisions in Section II "Nondiscrimination"and
Section VII "Subletting or Assigning the Contract, of the re-
quired contract provisions, the Contractor shall comply with
the following 4 Identify the firms which comprise the joint venture.
The bidder shall execute the CERTIFICATION WITH (The DBE partner must complete Schedule A.)
REGARD TO THE PERFORMANCE OF PREVIOUS
CONTRACTS OR SUBCONTRACTS SUBJECT TO THE
EQUAL OPPORTUNITY CLAUSE AND THE FILING OF
REQUIRED REPORTS located in the proposal. No
request for subletting or assigning any portion of the
contract in excess of$10 000 will be considered under the a. Describe the role of the DBE firm in the joint ven-
provisions of Section VII of the required contract
provisions unless such request is accompanied by the ture.
CERTIFICATION referred to above, executed by the
proposed subcontractor
NON-COLLUSION PROVISION—The provisions in this b. Describe very briefly the experience and business
section are applicable to all contracts except contracts for
Federal Aid Secondary projects. qualifications of each non-DBE joint venturer-
Title 23 United States Code, Section 112, requires as a
condition precedent to approval by the Federal Highway
Administrator of the contract for this work that each bidder
file a sworn statement executed by or on behalf of the
person firm, association, or corporation to whom such
contract is to be awarded, certifying that such person, firm, 5. Nature of the joint venture s business
association or corporation has not, either directly or
indirectly entered into any agreement, participated in any
collusion or otherwise taken any action in restraint of free
competitive bidding in connection with the submitted bid A 6. Provide a copy of the joint venture agreement.
form to make the non-collusion affidavit statement required
by Section 112 as a certification under penalty of perjury 7 What is the claimed percentage of DBE ownership?
rather than as a sworn statement as permitted by 28 USC
Sec. 1746 is included in the proposal.
PARTICIPATION BY DISADVANTAGED BUSINESS EN-
TERPRISES IN SUBCONTRACTING.—Part 26, Title 49,
Code of Federal Regulations applies to this Federal-aid 8 Ownership of joint venture. (This need not be filled in
project. Pertinent sections of said Code are incorporated in
part or in its entirety within other sections of these special if described in the joint venture agreement, provided by
provisions
question 6)
Schedule B—Information for Determining Joint Venture
Eligibility
9
a. Profit and loss sharing. '
b Capital contributions including equipment.
c. Other applicable ownership interests. Name of Firm Name of Firm
9 Control of and participation in this contract. Identify
by name, race, sex, and 'firm" those individuals (and Signature Signature
their titles) who are responsible for day-to-day
management and policy decision making including, but
not limited to,those with prime responsibility for Name Name
a. Financial decisions Title Title
b Management decisions,such as.
Date Date
Date
1 Estimating
State of
2. Marketing and sales County of
3 Hiring and firing of management personnel On this day of 19 , before
me appeared (Name) , to me
4 Purchasing of major items or supplies personally known,who being duly sworn did execute the
foregoing affidavit, and did state that he or she was
properly authorized by (Name of firm)
c. Supervision of field operations to execute the affidavit
and did so as his or her free act and deed
Note.—If after filing this Schedule B and before the Notary Public
completion of the joint ventures work on the contract
covered by this regulation, there is any significant change Commission expires
in the information submitted, the joint venture must inform
the grantee, either directly or through the prime contractor [Seal]
if the joint venture is a subcontractor
Date
Affidavit
State of
"The undersigned swear that the foregoing statements
are correct and include all material information necessary County of
to identify and explain the terms and operation of our joint
venture and the intended participation by each joint On this _day of 19_, before
venturer in the undertaking. Further the undersigned
covenant and agree to provide to grantee current, me appeared (Name) to me
complete and accurate information regarding actual joint
venture work and the payment therefor and any proposed personally known,who being duly sworn, did execute the
changes in any of the joint venture arrangements and to
permit the audit and examination of the books, records foregoing affidavit, and did state that he or she was
and files of the joint venture, or those of each joint
venturer relevant to the joint venture, by authorized properly authorized by (Name of firm)
representatives of the grantee or the Federal funding
agency Any material misrepresentation will be grounds to execute the affidavit
for terminating any contract which may be awarded and
for initiating action under Federal or State laws concerning and did so as his or her free act and deed,
false statements.
Notary Public
Commission expires
Acknow ed ed- [Seal]
gory Sosa Date
President, G Sosa Construction Inc
10
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
FORM 1273 (Exclusive of Appalachian Contracts)
Disputes within the meaning of this clause include disputes
between the contractor(or any of its subcontractors) and the
Page contracting agency, the DOL, or the contractor's employees
I General 3 or their representatives.
II Nondiscrimination 3
III Nonsegregated Facilities 5 6 Selection of Labor- During the performance of this
IV Payment of Predetermined Minimum Wage 6 contract,the contractor shall not:
V Statements and Payrolls 8 a. discriminate against labor from any other State, pos-
VI Record of Materials, Supplies,and Labor 9 session or territory of the United States (except for em-
VII Subletting or Assigning the Contract 9 ployment preference for Appalachian contracts, when ap-
VIII Safety- Accident Prevention 10 plicable as specified in Attachment A) or
IX. False Statements Concerning Highway Project 10
X. Implementation of Clean Air Act and Federal Water b employ convict labor for any purpose within the limits
Pollution Control Act 10 of the project unless it is labor performed by convicts who
XI Certification Regarding Debarment, Suspension are on parole supervised release or probation
Ineligibility and Voluntary Exclusion 11 II NONDISCRIMINATION
XII Certification Regarding Use of Contract Funds for
Lobbying 12 (Applicable to all Federal-aid construction contracts and to
ATTACHMENTS all related subcontracts of$10 000 or more.)
Preference for Appalachian Contracts 1 Equal Employment Opportunity- Equal employment
A. Employment
PP opportunity (EEO) requirements not to discriminate and to
(included in Appalachian contracts only) take affirmative action to assure equal opportunity as set
forth under laws, executive orders, rules, regulations
I. GENERAL (28 CFR 35 29 CFR 1630 and 41 CFR 60) and orders of
the Secretary of Labor as modified by the provisions pre-
1 These contract provisions shall apply to all work per scribed herein, and imposed pursuant to 23 U S C 140 shall
formed on the contract by the contractor's own organization constitute the EEO and specific affirmative action standards
and with the assistance of workers under the contractor's im- for the contractor's project activities under this contract. The
mediate superintendence and to all work performed on the Equal Opportunity Construction Contract Specifications set
contract by piecework, station work, or by subcontract. forth under 41 CFR 60-4 3 and the provisions of the Ameri-
can Disabilities Act of 1990 (42 U S C 12101 et seq.) set
2. Except as otherwise provided for in each section, the forth under 28 CFR 35 and 29 CFR 1630 are incorporated
contractor shall insert in each subcontract all of the stipula- by reference in this contract. In the execution of this con-
tions contained in these Required Contract Provisions and tract, the contractor agrees to comply with the following
further require their inclusion in any lower tier subcontract or minimum specific requirement activities of EEO-
purchase order that may in turn be made The Required
Contract Provisions shall not be incorporated by reference in a.The contractor will work with the State highway
any case The prime contractor shall be responsible for agency(SHA) and the Federal Government in carrying out
compliance by any subcontractor or lower tier subcontractor EEO obligations and in their review of his/her activities
with these Required Contract Provisions. under the contract.
3 A breach of any of the stipulations contained in these b The contractor will accept as his operating policy the
Required Contract Provisions shall be sufficient grounds for following statement:
termination of the contract.
It is the policy of this Company to assure that applicants
4 A breach of the following clauses of the Required Con- are employed, and that employees are treated during
tract Provisions may also be grounds for debarment as pro- employment, without regard to their race, religion, sex, color
vided in 29 CFR 5 12. national origin, age or disability Such action shall include
employment, upgrading, demotion, or transfer recruitment or
Section I, paragraph 2; recruitment advertising; layoff or termination, rates of pay or
Section IV paragraphs 1 2, 3 4 and 7 other forms of compensation; and selection for training, in-
Section V paragraphs 1 and 2a through 2g cluding apprenticeship, preapprenticeship, and/or on-the-job
training.
5 Disputes arising out of the labor standards provisions of
Section IV (except paragraph 5) and Section V of these 2. EEO Officer- The contractor will designate and make
Required Contract Provisions shall not be subject to the gen- known to the SHA contracting officers an EEO Officer who
eral disputes clause of this contract. Such disputes shall be will have the responsibility for and must be capable of
resolved in accordance with the procedures of the U S De- effectively
partment of Labor (DOL) as set forth in 29 CFR 5 6 and 7
Form 1273—Revised 3-95
08-07-95
11
administering and promoting an active contractor program of c.The contractor will encourage his present employees
EEO and who must be assigned adequate authority and to refer minority group applicants for employment. Infor
responsibility to do so mation and procedures with regard to referring minority
group applicants will be discussed with employees
3 Dissemination of Policy- All members of the con-
tractor's staff who are authorized to hire supervise promote, 5 Personnel Actions. Wages working conditions, and
and discharge employees, or who recommend such action employee benefits shall be established and administered,
or who are substantially involved in such action will be made and personnel actions of every type including hiring, up-
fully cognizant of and will implement, the contractor's EEO gr,-ding promotion transfer demotion, layoff and termina-
policy and contractual responsibilities to provide EEO in tion shall be taken without regard to race color religion
each grade and classification of employment. To ensure sex, national origin age or disability The following proce-
that the above agreement will be met, the following actions dures shall be followed
will be taken as a minimum.
a.The contractor will conduct periodic inspections of
a. Periodic meetings of supervisory and personnel office project sites to ensure that working conditions and em-
employees will be conducted before the start of work and ployee facilities do not indicate discriminatory treatment of
then not less often than once every six months, at which project site personnel.
time the contractor's EEO policy and its implementation
will be reviewed and explained. The meetings will be con- b The contractor will periodically evaluate the spread of
ducted by the EEO Officer wages paid within each classification to determine any evi-
dence of discriminatory wage practices.
b All new supervisory or personnel office employees
will be given a thorough indoctrination by the EEO Officer c.The contractor will periodically review selected per-
covering all major aspects of the contractor's EEO obliga- sonnel actions in depth to determine whether there is evi-
tions within thirty days following their reporting for duty dence of discrimination. Where evidence is found, the
with the contractor contractor will promptly take corrective action. If the
review indicates that the discrimination may extend
c.All personnel who are engaged in direct recruitment beyond the actions reviewed such corrective action shall
for the project will be instructed by the EEO Officer in the include all affected persons
contractor's procedures for locating and hiring minority
group employees d The contractor will promptly investigate all complaints
of alleged discrimination made to the contractor in connec
d. Notices and posters setting forth the contractor's EEO tion with his obligations under this contract, will attempt to
policy will be placed in areas readily accessible to employ- resolve such complaints and will take appropriate
ees,applicants for employment and potential employees. corrective action within a reasonable time If the inves-
tigation indicates that the discrimination may affect per
e The contractor's EEO policy and the procedures to sons other than the complainant, such corrective action
implement such policy will be brought to the attention of shall include such other persons. Upon completion of
employees by means of meetings, employee handbooks, each investigation the contractor will inform every com-
or other appropriate means. plainant of all of his avenues of appeal.
4 Recruitment: When advertising for employees, the 6. Training and Promotion
contractor will include in all advertisements for employees
the notation. An Equal Opportunity Employer All such a.The contractor will assist in locating qualifying and
advertisements will be placed in publications having a large increasing the skills of minority group and women employ-
circulation among minority groups in the area from which the ees, and applicants for employment.
project work force would normally be derived.
precluded b a valid bar b Consistent with the contractor's work force require-
a.The contractor will, unless
p y ments and as permissible under Federal and State regula-
gaining agreement, conduct systematic and direct recruit- tions the contractor shall make full use of training pro-
ment through public and private employee referral sources grams Le apprenticeship and on-the-job training pro-
likely to yield qualified minority group applicants. To meet grams for the geographical area of contract performance
this requirement, the contractor will identify sources of Where feasible 25 percent of apprentices or trainees in
potential minority group employees and establish with each occupation shall be in their first year of apprentice-
such identified sources procedures whereby minority ship or training In the event a special provision for train-
group applicants may be referred to the contractor for ing is provided under this contract, this subparagraph will
employment consideration. be superseded as indicated in the special provision.
b In the event the contractor has a valid bargaining c.The contractor will advise employees and applicants
agreement providing for exclusive hiring hall referrals he for employment of available training programs and en-
is expected to observe the provisions of that agreement to trance requirements for each
the extent that the system permits the contractor's compli-
ance with EEO contract provisions. (The DOL has held d The contractor will periodically review the training and
that where implementation of such agreements have the promotion potential of minority group and women employ-
effect of discriminating against minorities or women or ees and will encourage eligible employees to apply for
obligates the contractor to do the same, such such training and promotion.
implementation violates Executive Order 11246 as
amended.)
Form 1273—Revised 3-95
08-07 95
12
7 Unions If the contractor relies in whole or in part upon 9 Records and Reports: The contractor shall keep such
unions as a source of employees, the contractor will use records as necessary to document compliance with the EEO
his/her best efforts to obtain the cooperation of such unions requirements. Such records shall be retained for a period of
to increase opportunities for minority groups and women three years following completion of the contract work and
within the unions, and to effect referrals by such unions of shall be available at reasonable times and places for inspec
minority and female employees. Actions by the contractor tion by authorized representatives of the SHA and the
either directly or through a contractor's association acting as FHWA.
agent will include the procedures set forth below-
a.The records kept by the contractor shall document
a.The contractor will use best efforts to develop in co- the following
operation with the unions, joint training programs aimed
toward qualifying more minority group members and (1)The number of minority and non-minority group
women for membership in the unions and increasing the members and women employed in each work classifica-
skills of minority group employees and women so that they tion on the project;
may qualify for higher paying employment.
(2)The progress and efforts being made in coopera-
b The contractor will use best efforts to incorporate an tion with unions, when applicable to increase employ-
EEO clause into each union agreement to the end that ment opportunities for minorities and women
such union will be contractually bound to refer applicants
without regard to their race color religion, sex, national (3)The progress and efforts being made in locating,
origin age or disability hiring training qualifying and upgrading minority and
female employees, and
c.The contractor is to obtain information as to the re-
ferral practices and policies of the labor union except that (4)The progress and efforts being made in securing
to the extent such information is within the exclusive pos- the services of DBE subcontractors or subcontractors
session of the labor union and such labor union refuses to with meaningful minority and female representation
furnish such information to the contractor the contractor among their employees.
shall so certify to the SHA and shall set forth what efforts
have been made to obtain such information. b The contractors will submit an annual report to the
SHA each July for the duration of the project, indicating
d. In the event the union is unable to provide the con- the number of minority women and non-minority group
tractor with a reasonable flow of minority and women employees currently engaged in each work classification
referrals within the time limit set forth in the collective bar- required by the contract work. This information is to be re-
gaining agreement, the contractor will, through indepen- ported on Form FHWA-1391 If on-the-job training is be-
dent recruitment efforts, fill the employment vacancies ing required by special provision, the contractor will be re-
without regard to race, color religion, sex, national origin, quired to collect and report training data.
age or disability- making full efforts to obtain qualified
and/or qualifiable minority group persons and women III NONSEGREGATED FACILITIES
(The DOL has held that it shall be no excuse that the
union with which the contractor has a collective bargaining (Applicable to all Federal-aid construction contracts and to
agreement providing for exclusive referral failed to refer all related subcontracts of$10 000 or more)
minority employees.) In the event the union referral prac-
tice prevents the contractor from meeting the obligations a. By submission of this bid, the execution of this con-
pursuant to Executive Order 11246 as amended, and tract or subcontract, or the consummation of this material
these special provisions, such contractor shall immediately supply agreement or purchase order as appropriate the
notify the SHA. bidder Federal-aid construction contractor subcontractor
material supplier or vendor as appropriate certifies that
8.Selection of Subcontractors, Procurement of the firm does not maintain or provide for its employees any
Materials and Leasing of Equipment: The contractor shall segregated facilities at any of its establishments, and that
not discriminate on the grounds of race, color religion sex, the firm does not permit its employees to perform their
national origin age or disability in the selection and retention services at any location under its control where segre-
of subcontractors, including procurement of materials and gated facilities are maintained The firm agrees that a
leases of equipment. breach of this certification is a violation of the EEO provi-
sions of this contract. The firm further certifies that no
a.The contractor shall notify all potential subcontractors employee will be denied access to adequate facilities on
and suppliers of his/her EEO obligations under this the basis of sex or disability
contract.
b As used in this certification, the term 'segregated fa-
b Disadvantaged business enterprises (DBE), as cilities" means any waiting rooms, work areas, restrooms
defined in 49 CFR 26 shall have equal opportunity to and washrooms, restaurants and other eating areas, time
compete for and perform subcontracts which the clocks locker rooms, and other storage or dressing areas
contractor enters into pursuant to this contract. The parking lots, drinking fountains, recreation or entertain-
contractor will use his best efforts to solicit bids from and ment areas, transportation and housing facilities provided
to utilize DBE subcontractors or subcontractors with for employees which are segregated by explicit directive
meaningful minority group and female representation or are in fact, segregated on the basis of race color reli-
among their employees. Contractors shall obtain lists of gion, national origin age or disability because of habit,
DBE construction firms from SHA personnel local custom or otherwise The only exception will be for
the disabled when the demands for accessibility override
c.The contractor will use his best efforts to ensure sub- (e g disabled parking)
contractor compliance with their EEO obligations
Form 1273—Revised 3-95
08-07-95
13
c.The contractor agrees that it has obtained or will ob- 2. Classification
tain identical certification from proposed subcontractors or
material suppliers prior to award of subcontracts or con- a The SHA contracting officer shall require that any
summation of material supply agreements of $10,000 or class of laborers or mechanics employed under the
more and that it will retain such certifications in its files. contract, which is not listed in the wage determination
shall be classified in conformance with the wage
IV PAYMENT OF PREDETERMINED MINIMUM determination.
WAGE
b The contracting officer shall approve an additional
(Applicable to all Federal-aid construction contracts ex classification, wage rate and fringe benefits only when the
ceeding $2,000 and to all related subcontracts except for following criteria have been met:
projects located on roadways classified as local roads or
rural minor collectors,which are exempt.) (1)the work to be performed by the additional classifi-
cation requested is not performed by a classification in
1 General the wage determination
a.All mechanics and laborers employed or working (2)the additional classification is utilized in the area
upon the site of the work will be paid unconditionally and by the construction industry-
not less often than once a week and without subsequent (3)the proposed wage rate, including any bona fide
deduction or rebate on any account [except such payroll fringe benefits bears a reasonable relationship to the
deductions as are permitted by regulations (29 CFR 3)] is- wage rates contained in the wage determination and
sued by the Secretary of Labor under the Copeland Act
(40 U S C 276c) the full amounts of wages and bona fide (4)with respect to helpers when such a classification
fringe benefits (or cash equivalents thereof) due at time of prevails in the area in which the work is performed
payment. The payment shall be computed at wage rates
not less than those contained in the wage determination of c. If the contractor or subcontractors as appropriate, the
the Secretary of Labor (hereinafter 'the wage laborers and mechanics (if known) to be employed in the
determination') which is attached hereto and made a part additional classification or their representatives and the
hereof regardless of any contractual relationship which contracting officer agree on the classification and wage
may be alleged to exist between the contractor or its rate (including the amount designated for fringe benefits
subcontractors and such laborers and mechanics The where appropriate) a report of the action taken shall be
wage determination (including any additional classifi sent by the contracting officer to the DOL,Administrator of
tions and wage rates conformed under paragraph 2 of thhisis the Wage and Hour Division, Employment Standards
Section IV and the DOL poster (WHby the or Form Administration Washington D C 20210 The Wage and
and its 495) shall be posted at all times by the contractor Hour Administrator or an authorized representative, will
and its subcontractors at the site of the work in a approve modify or disapprove prominent and accessible place where it can be easily pp Y every additional classifica-
seen by the workers. For the purpose of this Section tion action within 30 days of receipt and so advise the con-
contributions made or costs reasonably anticipated for tracting officer or will notify the contracting officer within
bona fide fringe benefits under Section 1(b)(2) of the the 30-day period that additional time is necessary
Davis-Bacon Act (40 U S C 276a) on behalf of laborers or d In the event the contractor or subcontractors, as a
mechanics are considered wages paid to such laborers or p-
mechanics, subject to the provisions of Section IV propriate the laborers or mechanics to be employed in the
paragraph 3b hereof Also, for the purpose of this Sec- additional classification or their representatives, and the
tion regular contributions made or costs incurred for more contracting officer do not agree on the proposed classifica-
than a weekly period (but not less often than quarterly) un- tion and wage rate (including the amount designated for
der plans funds, or programs, which cover the particular fringe benefits where appropriate) the contracting officer
weekly period, are deemed to be constructively made or shall refer the questions, including the views of all inter
incurred during such weekly period. Such laborers and ested parties and the recommendation of the contracting
mechanics shall be paid the appropriate wage rate and officer, to the Wage and Hour Administrator for determina-
fringe benefits on the wage determination for the tion. Said Administrator or an authorized representative
classification of work actually performed without regard to will issue a determination within 30 days of receipt and so
skill except as provided in paragraphs 4 and 5 of this advise the contracting officer or will notify the contracting
Section IV officer within the 30-day period that additional time is nec
essary
b Laborers or mechanics performing work in more than e The wage rate (including fringe benefits where appro-
priate)classification may be compensated at the rate priate) determined pursuant to paragraph 2c or 2d of this
specified for each classification for the time actually Section IV shall be paid to all workers performing work in
worked therein provided, that the employer's payroll the additional classification from the first da on which
records accurately set forth the time spent in each y
classification in which work is performed work is performed in the classification.
c.All rulings and interpretations of the Davis-Bacon Act 3. Payment of Fringe Benefits.
and related acts contained in 29 CFR 1 3 and 5 are
herein incorporated by reference in this contract. a.Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the
contractor or subcontractors, as appropriate shall either
pay the benefit
Form 1273—Revised 3-95
08-07-95
14
as stated in the wage determination or shall pay another (4) In the event the Bureau of Apprenticeship and
bona fide fringe benefit or an hourly case equivalent Training, or a State apprenticeship agency recognized
thereof by the Bureau withdraws approval of an apprenticeship
program, the contractor or subcontractor will no longer
b If the contractor or subcontractor as appropriate, be permitted to utilize apprentices at less than the appli-
does not make payments to a trustee or other third cable predetermined rate for the comparable work per
person he/she may consider as a part of the wages of any formed by regular employees until an acceptable
laborer or mechanic the amount of any costs reasonably program is approved.
anticipated in providing bona fide fringe benefits under a
plan or program, provided that the Secretary of Labor has b Trainees.
found upon the written request of the contractor that the
applicable standards of the Davis-Bacon Act have been (1) Except as provided in 29 CFR 5 16 trainees will
met. The Secretary of Labor may require the contractor to not be permitted to work at less than the predetermined
set aside in a separate account assets for the meeting of rate for the work performed unless they are employed
obligations under the plan or program. pursuant to and individually registered in a program
which has received prior approval, evidenced by formal
4 Apprentices and Trainees(Programs of the U.S. certification by the DOL, Employment and Training Ad-
DOL)and Helpers. ministration
a.Apprentices. (2)The ratio of trainees to journeyman-level employ-
ees on the job site shall not be greater than permitted
(1)Apprentices will be permitted to work at less than under the plan approved by the Employment and
the predetermined rate for the work they performed Training Administration Any employee listed on the
when they are employed pursuant to and individually payroll at a trainee rate who is not registered and
registered in a bona fide apprenticeship program participating in a training plan approved by the
registered with the DOL, Employment and Training Employment and Training Administration shall be paid
Administration Bureau of Apprenticeship and Training not less than the applicable wage rate on the wage
or with a State apprenticeship agency recognized by the determination for the classification of work actually
Bureau, or if a person is employed in his/her first 90 performed. In addition, any trainee performing work on
the job site in excess al the ratio permitted under the
days of probationary employment as an apprentice in registered pr
such an apprenticeship program who is not individually program shall be paid not less than the
certified by applicable wage rate on the wage determination for the
registered in the program, but who has been
work actually performed.
the Bureau of Apprenticeship and Training or a State
apprenticeship agency(where appropriate)to be eligible (3) Every trainee must be paid at not less than the
for probationary employment as an apprentice rate specified in the approved program for his/her level
(2)The allowable ratio of apprentices to journeyman- of progress, expressed as a percentage of the
level employees on the job site in any craft classification journeyman-level hourly rate specified in the applicable
shall not be greater than the ratio permitted to the wage determination Trainees shall be paid fringe
contractor as to the entire work force under the benefits in accordance with the provisions of the trainee
registered program Any employee listed on a payroll at program If the trainee program does not mention fringe
an apprentice wage rate, who is not registered or benefits, trainees shall be paid the full amount of fringe
otherwise employed as stated above, shall be paid not benefits listed on the wage determination unless the
less than the applicable wage rate listed in the wage Administrator of the Wage and Hour Division determines
determination for the classification of work actually that there is an apprenticeship program associated with
performed. In addition any apprentice performing work the corresponding journeyman-level wage rate on the
on the job site in excess of the ratio permitted under the wage determination which provides for less than full
registered program shall be paid not less than the fringe benefits for apprentices, in which case such
applicable wage rate on the wage determination for the trainees shall receive the same fringe benefits as
work actually performed Where a contractor or apprentices.
subcontractor is performing construction on a project in (4) In the event the Employment and Training
a locality other than that in which its program is Administration withdraws approval of a training program,
registered, the ratios and wage rates (expressed in the contractor or subcontractor will no longer be
percentages of the journeyman-level hourly rate) permitted to utilize trainees at less than the applicable
specified in the contractor's or subcontractor's predetermined rate for the work performed until an
registered program shall be observed. acceptable program is approved.
(3) Every apprentice must be paid at not less than the
rate specified in the registered program for the appren- c. Helpers:
tice s level of progress, expressed as a percentage of
the journeyman-level hourly rate specified in the Helpers will be permitted to work on a project if the
applicable wage determination. Apprentices shall be helper classification is specified and defined on the
paid fringe benefits in accordance with the provisions of applicable wage determination or is approved pursuant
the apprenticeship program If the apprenticeship to the conformance procedure set forth in Section IV.2.
program does not specify fringe benefits, apprentices Any worker listed on a payroll at a helper wage rate,
must be paid the full amount of fringe benefits listed on who is not a helper under an approved definition, shall
the wage determination for the applicable classification be paid not less than the applicable wage rate on the
If the Administrator for the Wage and Hour Division wage determination for the classification of work actually
determines that a different practice prevails for the performed
applicable apprentice classification, fringes shall be paid
in accordance with that determination.
Form 1273—Revised 3-95
08-07 95
15
5.Apprentices and Trainees(Programs of the U.S.
DOT). 9 Withholding for Unpaid Wages and Liquidated
Damages
Apprentices and trainees working under apprenticeship
and skill training programs which have been certified by the The SHA shall upon its own action or upon written request
Secretary of Transportation as promoting EEO in connection of any authorized representative of the DOL withhold, or
with Federal-aid highway construction programs are not sub- cause to be withheld, from any moneys payable on account
ject to the requirements of paragraph 4 of this Section IV of work performed by the contractor or subcontractor under
The straight time hourly wage rates for apprentices and any such contract or any other Federal contract with the
trainees under such programs will be established by the par same prime contractor or any other federally-assisted
ticular programs. The ratio of apprentices and trainees to contract subject to the Contract Work Hours and Safety
journeymen shall not be greater than permitted by the terms Standards Act, which is held by the same prime contractor
of the particular program. such sums as may be determined to be necessary to satisfy
any liabilities of such contractor or subcontractor for unpaid
6.Withholding wages and liquidated damages as provided in the clause set
forth in paragraph 8 above
The SHA shall upon its own action or upon written request
of an authorized representative of the DOL withhold, or V STATEMENTS AND PAYROLLS
cause to be withheld from the contractor or subcontractor
under this contract or any other Federal contract with the (Applicable to all Federal-aid construction contracts ex-
same prime contractor or any other federally-assisted ceeding $2,000 and to all related subcontracts, except for
contract subject to Davis-Bacon prevailing wage projects located on roadways classified as local roads or
requirements which is held by the same prime contractor as rural collectors,which are exempt.)
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, 1 Compliance with Copeland Regulations(29 CFR 3)
including apprentices, trainees, and helpers, employed by
the contractor or any subcontractor the full amount of wages The contractor shall comply with the Copeland Regula-
required by the contract. In the event of failure to pay any tions of the Secretary of Labor which are herein incorporated
laborer or mechanic, including any apprentice trainee or by reference
helper employed or working on the site of the work, all or
part of the wages required by the contract, the SHA 2. Payrolls and Payroll Records.
contracting officer may after written notice to the contractor
take such action as may be necessary to cause the sus- . Payrolls and basic records relating thereto shall be
pension any further payment, advance or guarantee of amaintained b the contractor and each subcontractor
funds until
l such violations have ceased during the course of the work and preserved for a period
7 Overtime Requirements. of 3 years from the date of completion of the contract for
all laborers mechanics apprentices, trainees, watchmen,
No contractor or subcontractor contracting for any part of
helpers, and guards working at the site of the work.
the contract work which may require or involve the employ- b The payroll records shall contain the name social se-
ment of laborers, mechanics watchmen or guards curity number and address of each such employee his or
(including apprentices, trainees, and helpers described in her correct classification, hourly rates of wages paid
paragraphs 4 and 5 above) shall require or permit any (including rates of contributions or costs anticipated for
laborer mechanic, watchman, or guard in any workweek in bona fide fringe benefits or cash equivalent thereof the
which he/she is employed on such work, to work in excess of types described in Section 1(b)(2)(B) of the Davis Bacon
40 hours in such workweek unless such laborer mechanic, Act) daily and weekly number of hours worked;
watchman or guard receives compensation at a rate not deductions made and actual wages paid In addition, for
less than one-and-one-half times his/her basic rate of pay for Appalachian contracts the payroll records shall contain a
all hours worked in excess of 40 hours in such workweek. notation indicating whether the employee does or does
not, normally reside in the labor area as defined in
8.Violation: Attachment A, paragraph 1 Whenever the Secretary of
Labor pursuant to Section IV paragraph 3b has found
Liability for Unpaid Wages Liquidated Damages In the that the wages of any laborer or mechanic include the
event of any violation of the clause set forth in paragraph 7 amount of any costs reasonably anticipated in providing
above the contractor and any subcontractor responsible benefits under a plan or program described in Section
thereof shall be liable to the affected employee for his/her 1(b)(2)(B) of the Davis Bacon Act, the contractor and each
unpaid wages In addition, such contractor and subcontractor shall maintain records which show that the
subcontractor shall be liable to the United States (in the case commitment to provide such benefits is enforceable, that
of work done under contract for the District of Columbia or a the plan or program is financially responsible, that the plan
territory to such District or to such territory) for liquidated or program has been communicated in writing to the
damages. Such liquidated damages shall be computed with laborers or mechanics affected and show the cost
respect to each individual laborer mechanic, watchman, or anticipated or the actual cost incurred in providing
guard employed in violation of the clause set forth in benefits Contractors or subcontractors employing
paragraph 7 in the sum of $10 for each calendar day on apprentices or trainees under approved programs shall
which such employee was required or permitted to work in maintain written evidence of the registration of apprentices
excess of the standard work week of 40 hours without and trainees, and ratios and wage rates prescribed in the
payment of the overtime wages required by the clause set applicable programs.
forth in paragraph 7
Form 1273—Revised 3-95
08-07-95
16
c. Each contractor and subcontractor shall furnish, each make such records available may be grounds for
week in which any contract work is performed, to the SHA debarment action pursuant to 29 CFR 5 12.
resident Engineer a payroll of wages paid each of its em-
ployees (including apprentices trainees, and helpers, de- VI. RECORD OF MATERIALS,SUPPLIES,AND
scribed in Section IV paragraphs 4 and 5 and watchmen LABOR
and guards engaged on work during the preceding weekly
payroll period) The payroll submitted shall set out accu- 1 On all Federal-aid contracts on the National Highway
rately and completely all of the information required to be System, except those which provide solely for the installation
maintained under paragraph 2b of this Section V This in- of protective devices at railroad grade crossings those
formation may be submitted in any form desired Optional which are constructed on a force account or direct labor
Form WH-347 is available for this purpose and may be basis, highway beautification contracts, and contracts for
purchased from the Superintendent of Documents which the total final construction cost for roadway and bridge
(Federal stock number 029-005-0014-1) U S is less than$1 000 000 (23 CFR 635)the contractor shall
Government Printing Office Washington, D C 20402.
The prime contractor is responsible for the submission of a. Become familiar with the list of specific materials and
copies of payrolls by all subcontractors. supplies contained in Form FHWA-47 'Statement of
d. Each payroll submitted shall be accompanied by a Materials and Labor Used by Contractor of Highway
'Statement of Compliance, signed by the contractor or Construction Involving Federal Funds, prior to the
subcontractor or his/her agent who pays or supervises the commencement of work under this contract.
payment of the persons employed under the contract and b Maintain a record of the total cost of all materials and
shall certify the following supplies purchased for and incorporated in the work, and
(1)that the payroll for the payroll period contains the also of the quantities of those specific materials and sup-
information required to be maintained under paragraph plies listed on Form FHWA-47 and in the units shown on
2b of this Section V and that such information is correct Form FHWA-47
and complete c. Furnish upon the completion of the contract, to the
SHA resident Engineer on Form FHWA-47 together with
(2)that such laborer or mechanic (including each
helper apprentice and trainee) employed on the the data required in paragraph 1 b relative to materials and
contract during the payroll period has been paid the full supplies, a final labor summary of all contract work
indicating the total hours worked and the total amount
weekly wages earned without rebate, either directly or
earned.
indirectly and that no deductions have been made
either directly or indirectly from the full wages earned, 2.At the prime contractor's option, either a single report
other than permissible deductions as set forth in the covering all contract work or separate reports for the
Regulations, 29 CFR 3 contractor and for each subcontract shall be submitted
(3)that each laborer or mechanic has been paid not
less that the applicable wage rate and fringe benefits or VII. SUBLETTING OR ASSIGNING THE CONTRACT
cash equivalent for the classification of worked per
formed, as specified in the applicable wage determina- 1 The contractor shall perform with its own organization
tion incorporated into the contract. contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
e The weekly submission of a properly executed the total original contract price, excluding any specialty items
certification set forth on the reverse side of Optional Form designated by the State. Specialty items may be performed
WH-347 shall satisfy the requirement for submission of the by subcontract and the amount of any such specialty items
'Statement of Compliance" required by paragraph 2d of performed may be deducted from the total original contract
this Section V price before computing the amount of work required to be
performed by the contractor's own organization (23 CFR
f The falsification of any of the above certifications may 635)
subject the contractor to civil or criminal prosecution under
18 U S C 1001 and 31 U S C 231 a. 'Its own organization" shall be construed to include
only workers employed and paid directly by the prime Gon-
g The contractor or subcontractor shall make the tractor and equipment owned or rented by the prime
records required under paragraph 2b of this Section V contractor with or without operators Such term does not
available for inspection copying, or transcription by include employees or equipment of a subcontractor
authorized representatives of the SHA, the FHWA, or the assignee or agent of the prime contractor
DOL, and shall permit such representatives to interview
employees during working hours on the job If the b 'Specialty Items" shall be construed to be limited to
contractor or subcontractor fails to submit the required work that requires highly specialized knowledge abilities,
records or to make them available the SHA, the FHWA, or equipment not ordinarily available in the type of con-
the DOL, or all may after written notice to the contractor tracting organizations qualified and expected to bid on the
sponsor applicant, or owner take such actions as may be contract as a whole and in general are to be limited to
necessary to cause the suspension of any further minor components of the overall contract.
payment, advance or guarantee of funds. Furthermore,
failure to submit the required records upon request or to
Form 1273—Revised 3-95
08-07 95
17
2.The contract amount upon which the requirements set To prevent any misunderstanding regarding the seriousness
forth in paragraph 1 of Section VII is computed includes the of these and similar acts,the following notice shall be posted
cost of material and manufactured products which are to be on each Federal-aid highway project(23 CFR 635) in one or
purchased or produced by the contractor under the contract more places where it is readily available to all persons
provisions. concerned with the project:
3 The contractor shall furnish (a) a competent superinten- NOTICE TO ALL PERSONNEL ENGAGED ON
dent or supervisor who is employed by the firm, has full au- FEDERAL-AID HIGHWAY PROJECTS
thority to direct performance of the work in accordance with
the contract requirements, and is in charge of all 18 U S C 1020 reads as follows.
construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources 'Whoever being an officer agent, or employee of the
(supervision, management, and Engineering services) as the United States, or any State or Territory or whoever whether
SHA contracting officer determines is necessary to assure a person, association, firm, or corporation, knowingly makes
the performance of the contract. any false statement, false representation, or false report as
to the character quality quantity or cost of the material
4 No portion of the contract shall be sublet, assigned or used or to be used, or the quantity or quality of the work
otherwise disposed of except with the written consent of the performed or to be performed, or the cost thereof in
SHA contracting officer or authorized representative and connection with the submission of plans, maps,
such consent when given shall not be construed to relieve specifications, contracts, or costs of construction on any
the contractor of any responsibility for the fulfillment of the highway or related project submitted for approval to the
contract. Written consent will be given only after the SHA Secretary of Transportation, or
has assured that each subcontract is evidenced in writing
and that it contains all pertinent provisions and requirements Whoever knowingly makes any false statement, false rep-
of the prime contract. resentation, false report or false claim with respect to the
character, quality quantity or cost of any work performed or
VIII. SAFETY ACCIDENT PREVENTION to be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
1 In the performance of this contract the contractor shall project approved by the Secretary of Transportation, or
comply with all applicable Federal State, and local laws gov-
erning safety health,and sanitation (23 CFR 635) The con- Whoever knowingly makes any false statement or false
tractor shall provide all safeguards, safety devices and representation as to material fact in any statement, certifi-
protective equipment and take any other needed actions as cate, or report submitted pursuant to provisions of the Fed-
it determines or as the SHA contracting officer may eral-aid Roads Act approved July 1 1916, (39 Stat. 355), as
determine, to be reasonably necessary to protect the life and amended and supplemented;
health of employees on the job and the safety of the public
and to protect property in connection with the performance of Shall be fined not more that $10 000 or imprisoned not
the work covered by the contract. more than 5 years or both.
2. It is a condition of this contract, and shall be made a X. IMPLEMENTATION OF CLEAN AIR ACT AND
condition of each subcontract, which the contractor enters FEDERAL WATER POLLUTION CONTROL ACT
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 (Applicable to all Federal-aid construction contracts and to
all related subcontracts of$100 000 or more
which are unsanitary hazardous or dangerous to his/her )
health or safety as determined under construction safety By submission of this bid or the execution of this contract,
and health standards ( CFR 1926) promulgated by the40 U S C or subcontract, as appropriate the bidder Federal-aid con-
Contract Work Hours and Safety Standards Act (40
Secretary of Labor in accordance with Section ( of the struction contractor or subcontractor as appropriate will be 333) deemed to have stipulated as follows.
3 Pursuant to 29 CFR 1926 3 it is a condition of this con- 1 That any facility that is or will be utilized in the perfor-
tract that the Secretary of Labor or authorized representative mance of this contract, unless such contract is exempt under
thereof shall have right of entry to any site of contract the Clean Air Act, as amended (42 U S C 1857 et seq as
performance to inspect or investigate the matter of compli- amended by Pub L. 91-604) and under the Federal Water
ance with the construction safety and health standards and Pollution Control Act, as amended (33 U S C 1251 et seq
to carry out the duties of the Secretary under Section 107 of as amended by Pub L. 92-500) Executive Order 11738
the Contract Work Hours and Safety Standards Act (40 and regulations in implementation thereof(40 CFR 15) is not
U S C 333) listed on the date of contract award, on the US
Environmental Protection Agency (EPA) List of Violating
IX. FALSE STATEMENTS CONCERNING HIGHWAY Facilities pursuant to 40 CFR 15.20
PROJECTS 2. That the firm agrees to comply and remain in compli-
ance with all the requirements of Section 114 of the Clean
In order to assure high quality and durable construction in Air Act and Section 308 of the Federal Water Pollution
conformity with approved plans and specifications and a high Control Act and all regulations and guidelines listed
degree of reliability on statements and representations made thereunder
by Engineers, contractors suppliers, and workers on
Federal-aid highway projects it is essential that all persons 3 That the firm shall promptly notify the SHA of the receipt
concerned with the project perform their functions as of any communication from the Director Office of Federal
carefully thoroughly and honestly as possible Willful Activities, EPA, indicating that a facility that is or will be
falsification, distortion, or misrepresentation with respect to utilized
any facts related to the project is a violation of Federal law
Form 1273—Revised 3-95
08-07 95
18
for the contract is under consideration to be listed on the g.The prospective primary participant further agrees by
EPA List of Violating Facilities submitting this proposal that it will include the clause titled
'Certification Regarding Debarment, Suspension, Inel-
4 That the firm agrees to include or cause to be included igibility and Voluntary Exclusion-Lower Tier Covered
the requirements of paragraph 1 through 4 of this Section X Transaction, provided by the department or agency enter-
in every nonexempt subcontract, and further agrees to take ing into this covered transaction without modification, in
such action as the government may direct as a means of all lower tier covered transactions and in all solicitations
enforcing such requirements. for lower tier covered transactions
XI. CERTIFICATION REGARDING DEBARMENT, h A participant in a covered transaction may rely upon a
SUSPENSION, INELIGIBILITY AND VOLUNTARY certification of a prospective participant in a lower tier cov-
EXCLUSION ered transaction that is not debarred suspended ineli-
gible or voluntarily excluded from the covered transaction,
unless it knows that the certification is erroneous A par-
t Instructions for Certification-Primary Covered ticipant may decide the method and frequency by which it
Transactions determines the eligibility of its principals. Each participant
may but is not required to check the nonprocurement
(Applicable to all Federal-aid contracts-49 CFR 29) portion of the 'Lists of Parties Excluded From Federal Pro-
curement or Nonprocurement Programs"
a. By signing and submitting this proposal, the prospec (Nonprocurement List) which is compiled by the General
tive primary participant is providing the certification set out Services Administration
below
i. Nothing contained in the foregoing shall be construed
b The inability of a person to provide the certification to require establishment of a system of records in order to
set out below will not necessarily result in denial of partic render in good faith the certification required by this
ipation in this covered transaction The prospective par clause The knowledge and information of participant is
ticipant shall submit an explanation of why it cannot pro- not required to exceed that which is normally possessed
vide the certification set out below The certification or by a prudent person in the ordinary course of business
explanation will be considered in connection with the de- dealings.
partment or agency's determination whether to enter into
this transaction However failure of the prospective pri- j Except for transactions authorized under paragraph f
mary participant to furnish a certification or an explanation of these instructions, if a participant in a covered transac-
shall disqualify such a person from participation in this tion knowingly enters into a lower tier covered transaction
transaction with a person who is suspended debarred, ineligible, or
voluntarily excluded from participation in this transaction
c.The certification in this clause is a material represen- in addition to other remedies available to the Federal Gov-
tation of fact upon which reliance was placed when the de- ernment, the department or agency may terminate this
partment or agency determined to enter into this transac transaction for cause or default.
tion If it is later determined that the prospective primary
participant knowingly rendered an erroneous certification *"
in addition to other remedies available to the Federal Gov-
ernment, the department or agency may terminate this Certification Regarding Debarment,
transaction for cause of default. Suspension, Ineligibility and Voluntary
Exclusion—Primary Covered Transactions
d The prospective primary participant shall provide im-
mediate written notice to the department or agency to 1 The prospective primary participant certifies to the
whom this proposal is submitted if any time the prospec best of its knowledge and belief that it and its principals.
tive primary participant learns that its certification was er
roneous when submitted or has become erroneous by a.Are not presently debarred, suspended proposed
reason of changed circumstances. for debarment, declared ineligible or voluntarily ex
cluded from covered transactions by any Federal de-
e The terms covered transaction, debarred, 'sus- partment or agency,
pended 'ineligible, 'lower tier covered transaction 'par
ticipant, 'person, 'primary covered transaction, 'princi- b Have not within a 3-year period preceding this
pal 'proposal, and 'voluntarily excluded as used in this proposal been convicted of or had a civil judgment ren-
clause, have the meanings set out in the Definitions and dered against them for commission of fraud or a criminal
Coverage sections of rules implementing Executive Order offense in connection with obtaining attempting to ob-
12549 You may contact the department or agency to tain or performing a public (Federal, State or local)
which this proposal is submitted for assistance in obtaining transaction or contract under a public transaction; viola-
a copy of those regulations tion of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery bribery falsification or
f The prospective primary participant agrees by submit- destruction of records, making false statements, or re-
ting this proposal that, should the proposed covered ceiving stolen property,
transaction be entered into it shall not knowingly enter
into any lower tier covered transaction with a person who c.Are not presently indicted for or otherwise criminally
is debarred suspended, declared ineligible or voluntarily or civilly charged by a governmental entity (Federal,
excluded from participation in this covered transaction un- State or local) with commission of any of the offenses
less authorized by the department or agency entering into enumerated in paragraph 1 b of this certification, and
this transaction.
Form 1273—Revised 3-95
08-07-95
19
d Have not within a 3-year period preceding g A participant in a covered transaction may rely
this application/proposal had one or more public upon a certification of a prospective participant in a
transactions (Federal State or local) terminated lower tier covered transaction that is not debarred
for cause or default. suspended, ineligible, or voluntarily excluded from
the covered transaction, unless it knows that the
2.Where the prospective primary participant is certification is erroneous. A participant may decide
unable to certify to any of the statements in this the method and frequency by which it determines
certification such prospective participant shall the eligibility of its principals Each participant may
attach an explanation to this proposal but is not required to check the Nonprocurement
List.
h Nothing contained in the foregoing shall be
2. Instructions for Certification Lower Tier construed to require establishment of a system of
Covered Transactions. records in order to render in good faith the
certification required by this clause. The knowledge
(Applicable to all subcontracts, purchase orders and information of participant is not required to
and other lower tier transactions of$25 000 or more- exceed that which is normally possessed by a
49 CFR 29) prudent person in the ordinary course of business
dealings.
a By signing and submitting this proposal, the i Except for transactions authorized under
prospective lower tier is providing the certification a of these instructions if a participant in
set out below paragraph p p
a covered transaction knowingly enters into a lower
b The certification in this clause is a material tier covered transaction with a person who is
representation of fact upon which reliance was suspended debarred ineligible or voluntarily
placed when this transaction was entered into If it excluded from participation in this transaction, in
is later determined that the prospective lower tier addition to other remedies available to the Federal
participant knowingly rendered an erroneous Government, the department or agency with which
certification in addition to other remedies available this transaction originated may pursue available
to the Federal Government, the department or remedies including suspension and/or debarment.
agency with which this transaction originated may
pursue available remedies, including suspension
and/or debarment. Certification Regarding Debarment,
c. The prospective lower tier participant shall Suspension, Ineligibility and Voluntary
provide immediate written notice to the person to Exclusion-Lower Tier Covered Transactions
which this proposal is submitted if at any time the 1 The prospective lower tier participant certifies, by
prospective lower tier participant learns that its submission of this proposal that neither it nor its prin-
certification was erroneous by reason of changed ci als is resent) debarred suspended, proposed for
circumstances debarment, declared ineligible or and submitting this
d The terms 'covered transaction debarred bid or proposal to the best of his or her knowledge
'suspended, 'ineligible, and belief that:
p g� 'primary covered
transaction, 'participant," 'person 'principal a No Federal appropriated funds have been paid or
proposal, and voluntarily excluded, as used in will be paid, by or on behalf of the undersigned,to any
this clause have the meanings set out in the person for influencing or attempting to influence an
Definitions and Coverage sections of rules officer or employee of any Federal agency a Member
implementing Executive Order 12549 You may of Congress an officer or employee of Congress, or
contact the person twhich this proposal is an employee of a Member of Congress in connection
submitted for assistance in obtaining a copy of with the awardingof an Federal contract, the making
those regulations of any Federal grant, the making of any Federal loan,,
e The prospective lower tier participant agrees the entering into of any cooperative agreement, and
by submitting this proposal that, should the the extension continuation renewal amendment, or
proposed covered transaction be entered into it modification of any Federal contract, grant, loan, or
shall not knowingly enter into any lower tier covered cooperative agreement.
transaction with a person who is debarred,
suspended, declared ineligible or voluntarily b If any funds other than Federal appropriated
excluded from participation in this covered funds have been paid or will be paid to any person for
transaction, unless authorized by the department or influencing or attempting to influence an officer or
agency with which this transaction originated employee of any Federal agency a Member of
Congress, an officer or employee of Congress, or an
f The prospective lower tier participant further employee of a Member of Congress in connection
agrees by submitting this proposal that it will with this Federal contract,grant, loan or cooperative
include this clause titled 'Certification Regarding agreement, the undersigned shall complete and
Debarment, Suspension, Ineligibility and Voluntary submit Standard Form-LLL, 'Disclosure Form to
Exclusion-Lower Tier Covered Transaction without Report Lobbying in accordance with its instructions.
modification, in all lower tier covered transactions
and in all solicitations for lower tier covered transac
tions
20
2.This certification is a material representation of
fact upon which reliance was placed when this
transaction was made or entered into Submission of
this certification is a prerequisite for making or
entering into this transaction imposed by 31 U S C
1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not
less than $10 000 and not more than $100 000 for
each such failure.
3.The prospective participant also agrees by
submitting his or her bid or proposal that he or she
shall require that the language of this certification be
included in all lower tier subcontracts which exceed
$100,000 and that all such recipients shall certify and
disclose accordingly
21
Female and Minority Goals
To comply with Section II, 'Nondiscrimination of 'Required Contract Provisions Federal-Aid Construction Contracts,
the following are goals for female and minority utilization goals for Federal-aid construction contracts and
subcontracts that exceed$10 000-
The nationwide goal for female utilization is 6 9 percent.
The goals for minority utilization [45 Fed Reg 65984(10/3/1980)]are as follows.
Minority Utilization Goals
Economic Area Goal
(Percent)
174 Redding CA.
Non-SMSA Counties. 68
CA Lassen, CA Modoc,CA Plumas, CA Shasta,CA Siskiyou, CA Tehema
175 Eureka,CA
Non-SMSA Counties 66
CA Del Norte; CA Humboldt; CA Trina
176 San Francisco-Oakland-San Jose,CA.
SMSA Counties.
7120 Salinas-Seaside Monterey CA 28.9
CA Monterey
7360 San Francisco-Oakland 256
CA Alameda,CA Contra Costa,CA Marin, CA San Francisco CA San Mateo
7400 San Jose,CA
CA Santa Clara,CA 19.6
7485 Santa Cruz,CA
CA Santa Cruz 14.9
7500 Santa Rosa
CA Sonoma 91
8720 Vallejo-Fairfield-Napa, CA
CA Napa,CA Solano 17 1
Non-SMSA Counties
CA Lake,CA Mendocino CA San Benito 23.2
177 Sacramento, CA.
SMSA Counties.
6920 Sacramento,CA 16 1
CA Placer- CA Sacramento CA Yolo
Non-SMSA Counties 14.3
CA Butte- CA Colusa, CA EI Dorado CA Glenn, CA Nevada, CA Sierra,CA Sutter- CA
Yuba
22
178 Stockton-Modesto,CA.
SMSA Counties.
5170 Modesto,CA 12.3
CA Stanislaus
8120 Stockton,CA 24.3
CA San Joaquin
Non-SMSA Counties 198
CA Alpine,CA Amador;CA Calaveras,CA Mariposa,CA Merced,CA Toulumne
179 Fresno-Bakersfield,CA
SMSA Counties.
0680 Bakersfield,CA 19 1
CA Kern
2840 Fresno,CA 26 1
CA Fresno
Non-SMSA Counties. 23.6
CA Kings,CA Madera,CA Tulare
180 Los Angeles,CA.
SMSA Counties.
0360 Anaheim-Santa Ana-Garden Grove, CA 11 9
CA Orange
4480 Los Angeles-Long Beach,CA 28.3
CA Los Angeles
6000 Oxnard-Simi Valley-Ventura,CA 21.5
CA Ventura
6780 Riverside-San Bernardino-Ontario,CA 190
CA Riverside;CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc,CA 197
CA Santa Barbara
Non-SMSA Counties 246
CA Inyo,CA Mono,CA San Luis Obispo
181 San Diego,CA.
SMSA Counties
7320 San Diego,CA 169
CA San Diego
Non-SMSA Counties 18.2
CA Imperial
For each July during which work is performed under the contract, you and each non-material-supplier subcontractor
with a subcontract of$10 000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230) Submit the
forms by August 15
Training
This section applies if a number of trainees or apprentices is specified in the special provisions.
As part of your equal opportunity affirmative action program provide on-the-job training to develop full journeymen in
the types of trades or job classifications involved
You have primary responsibility for meeting this training requirement.
If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the
subcontractor
Include these training requirements in your subcontract.
Where feasible 25 percent of apprentices or trainees in each occupation must be in their 1 st year of apprenticeship
or training.
Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the
availability of journeymen in the various classifications within a reasonable recruitment area.
23
Before starting work,submit to the City of Atascadero
1 Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3 Training starting date for each classification
Obtain the City of Atascadero approval for this submitted information before you start work.The City of Atascadero
credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an
approved program
The primary objective of this section is to train and upgrade minorities and women toward journeymen status. Make
every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct
recruitment through public and private sources likely to yield minority and women apprentices or trainees,to the
extent they are available within a reasonable recruitment area Show that you have made the efforts In making
these efforts, do not discriminate against any applicant for training
Do not employ as an apprentice or trainee an employee
1 In any classification in which the employee has successfully completed a training course leading to
journeyman status or in which the employee has been employed as a journeyman
2. Who is not registered in a program approved by the US Department of Labor Bureau of Apprenticeship and
Training
Ask the employee if the employee has successfully completed a training course leading to journeyman status or has
been employed as a journeyman Your records must show the employee's answers to the questions.
In your training program establish the minimum length and training type for each classification The City of
Atascadero and FHWA approves a program if one of the following is met:
1 It is calculated to
1 1 Meet the your equal employment opportunity responsibilities
1.2. Qualify the average apprentice or trainee for journeyman status in the classification involved by the
end of the training period
2 It is registered with the U S Department of Labor Bureau of Apprenticeship and Training and it is
administered in a way consistent with the equal employment responsibilities of federal-aid highway construction
contracts
Obtain the State's approval for your training program before you start work involving the classification covered by the
program
Provide training in the construction crafts, not in clerk-typist or secretarial-type positions Training is allowed in lower
level management positions such as office engineers estimators and timekeepers if the training is oriented toward
construction applications.Training is allowed in the laborer classification if significant and meaningful training is
provided and approved by the division office Off-site training is allowed if the training is an integral part of an
approved training program and does not make up a significant part of the overall training.
24
The City/County of reimburses you 80 cents per hour of training given an employee on this contract under
an approved training program.
1 For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a federal-aid project and
you do at least one of the following:
2.1 Contribute to the cost of the training
2.2. Provide the instruction to the apprentice or trainee
2.3. Pay the apprentice's or trainee's wages during the off-site training period
3. If you comply this section
Each apprentice or trainee must:
1 Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's
skill
2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work
classification or until the apprentice or trainee has completed the training program
Furnish the apprentice or trainee.
1 Copy of the program you will comply with in providing the training
2. Certification showing the type and length of training satisfactorily completed
Maintain records and submit reports documenting your performance under this section.
25
FEDERAL WAGE RATES
General Decision Number CA100019 01/14/2011 CA19
Superseded General Decision Number CA20080019
State California
Construction Types Building, Heavy (Heavy and Dredging) and
Highway
County San Luis Obispo County in California
BUILDING, DREDGING (does not include hopper dredge work) , HEAVY
(does not include water well drilling, AND HIGHWAY
CONSTRUCTION PROJECTS
Modification Number Publication Date
0 03/12/2010
1 03/26/2010
2 04/02/2010
3 04/16/2010
4 06/04/2010
5 06/11/2010
6 07/02/2010
7 07/23/2010
8 08/13/2010
9 08/27/2010
10 09/03/2010
11 09/10/2010
12 12/03/2010
13 01/14/2011
ASBE0005-002 06/28/2010
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems) $ 32 79 16 31
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls) $ 24 21 13 76
----------------------------------------------------------------
ASBE0005-004 06/28/2010
26
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) $ 18 70 8 65
----------------------------------------------------------------
BOIL0092-004 10/01/2009
Area within a 25 mile radius of City of Santa Maria
Rates Fringes
BOILERMAKER $ 40 22 22 26
----------------------------------------------------------------
BOIL0549-007 01/01/2009
Remainder of County outside a 25 mile radius of City of Santa
Maria
Rates Fringes
BOILERMAKER $ 37 01 22 25
----------------------------------------------------------------
BRCA0004-006 05/01/2010
Rates Fringes
BRICKLAYER, MARBLE SETTER $ 34 85 10 95
----------------------------------------------------------------
BRCA0018-008 06/01/2008
Rates Fringes
MARBLE FINISHER $ 25 52 9 08
TILE FINISHER $ 21 07 7 88
----------------------------------------------------------------
BRCA0018-011 08/01/2009
Rates Fringes
TILE LAYER $ 30 04 10 84
----------------------------------------------------------------
27
CARP0409-001 07/01/2010
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer $ 37 35 11 08
(2) Millwright $ 37 85 11 08
(3) Piledriver/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial) $ 37 48 11 08
(4) Pneumatic Nailer,
Power Stapler $ 37 60 11 08
(5) Sawfiler $ 37 44 11 08
(6) Scaffold Builder $ 28 55 11 08
(7) Table Power Saw
Operator $ 37 45 11 08
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 Certified Welder
- $1 00 per hour premium
----------------------------------------------------------------
CARP0409-005 07/01/2010
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER $ 37 35 11 08
STOCKER/SCRAPPER $ 10 00 6 67
----------------------------------------------------------------
CARP0409-008 07/01/2008
Rates Fringes
Modular Furniture Installer $ 19 00 7 41
----------------------------------------------------------------
* ELEC0011-002 11/29/2010
COMMUNICATIONS AND SYSTEMS WORK
28
Rates Fringes
Communications System
Installer $ 27 25 10 85
Technician $ 29 05 10 90
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, inventory control
systems, microwave transmission, multi-media, multiplex,
nurse call systems, radio page, school intercom and sound,
burglar alarms, fire alarm (see last paragraph below) and
low voltage master clock systems in commercial buildings
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 Does not
cover work performed at China Lake Naval Ordnance Test
Station Fire alarm work shall be performed at the current
inside wireman total cost package
----------------------------------------------------------------
ELEC0639-001 06/01/2010
Rates Fringes
Electricians
Wireman/Technician $ 32 70 3%+15 50
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
from a distance of fifty (50) feet to ninety (90) feet to
be paid time and one-half 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 from a distance over ninety (90)
feet to be paid double the regular straight time rate of
pay Where workers are required to work under compressed
air or in areas where injurious gases, dust or fumes are
present in amounts necessitating the use of gas masks or
self-contained breathing apparatus (particle masks are not
considered self-contained breathing apparatus) or where
29
workers work on poles at a distance of seventy-five (75)
feet or more from the ground to be paid a bonus of
straight time pay This shall be at a minimum of one hour,
and thereafter, each succeeding hour or fraction thereof
shall constitute an hour at the bonus rate Tunnel work
to be paid at the time and one-quarter hourly rate
----------------------------------------------------------------
ELEC1245-001 06/01/2010
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer $ 46 14 13 41
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below) , overhead &
underground distribution
line equipment) $ 36 85 12 36
(3) Groundman $ 28 19 12 10
(4) Powderman $ 41 20 12 53
HOLIDAYS New Year's Day, M L King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
----------------------------------------------------------------
ELEV0008-003 01/01/2010
Rates Fringes
ELEVATOR MECHANIC $ 54 89 20 035
FOOTNOTE
PAID VACATION Employer contributes 8% of regular hourly
rate as vacation pay credit for employees with more than 5
years of service, and 6% for 6 months to 5 years of service
PAID HOLIDAYS New Years Day, Memorial Day, Independence Day,
Labor Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, and Christmas Day
----------------------------------------------------------------
* ENGIO012-003 01/01/2011
Rates Fringes
OPERATOR Power Equipment
(All Other Work)
GROUP 1 $ 36 83 18 72
GROUP 2 $ 37 61 18 72
GROUP 3 $ 37 90 18 72
GROUP 4 $ 39 39 18 72
GROUP 5 $ 40 49 18 72
30
GROUP 6 $ 39 61 18 72
GROUP 7 $ 40 71 18 72
GROUP 8 $ 39 72 18 72
GROUP 9 $ 40 82 18 72
GROUP 10 $ 39 84 18 72
GROUP 11 $ 40 94 18 72
GROUP 12 $ 40 01 18 72
GROUP 13 $ 40 11 18 72
GROUP 14 $ 40 14 18 72
GROUP 15 $ 40 22 18 72
GROUP 16 $ 40 34 18 72
GROUP 17 $ 40 51 18 72
GROUP 18 $ 40 61 18 72
GROUP 19 $ 40 72 18 72
GROUP 20 $ 40 84 18 72
GROUP 21 $ 41 01 18 72
GROUP 22 $ 41 11 18 72
GROUP 23 $ 41 22 18 72
GROUP 24 $ 41 34 18 72
GROUP 25 $ 41 51 18 72
OPERATOR Power Equipment
(Cranes, Piledriving & Hoisting)
GROUP 1 $ 38 18 18 72
GROUP 2 $ 38 96 18 72
GROUP 3 $ 39 25 18 72
GROUP 4 $ 39 39 18 72
GROUP 5 $ 39 61 18 72
GROUP 6 $ 39 72 18 72
GROUP 7 $ 39 84 18 72
GROUP 8 $ 40 01 18 72
GROUP 9 $ 40 18 18 72
GROUP 10 $ 41 18 18 72
GROUP 11 $ 42 18 18 72
GROUP 12 $ 43 18 18 72
GROUP 13 $ 44 18 18 72
OPERATOR Power Equipment
(Tunnel Work)
GROUP 1 $ 38 68 18 72
GROUP 2 $ 39 46 18 72
GROUP 3 $ 39 75 18 72
GROUP 4 $ 39 89 18 72
GROUP 5 $ 40 11 18 72
GROUP 6 $ 40 22 18 72
GROUP 7 $ 40 34 18 72
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
31
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) ;
Concrete mixer operator-skip type, Conveyor operator;
Fireman, Forklift operator (includes loed, lull or similar
types over 5 tons, Hydrostatic pump operator, oiler crusher
(asphalt or concrete plant) Petromat laydown machine, PJU
side dum jack Screening and conveyor machine operator (or
similar types) ; Skiploader (wheel type up to 3/4 yd
without attachment) ; Tar pot fireman, Temporary heating
plant operator Trenching machine oiler
GROUP 3 Asphalt-rubber blend operator Bobcat or similar
type (Skid steer) , Equipment greaser (rack) , Ford Ferguson
(with dragtype attachments) , Helicopter radioman (ground) ,
Stationary pipe wrapping and cleaning machine operator
GROUP 4 Asphalt plant fireman; Backhoe operator (mini-max or
similar type) , Boring machine operator; Boxman or mixerman
(asphalt or concrete) Chip spreading machine operator
Concrete cleaning decontamination machine operator
Concrete Pump Operator (small portable) Drilling machine
operator, small auger types (Texoma super economatic or
similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum) ; Equipment greaser (grease
truck) Guard rail post driver operator Highline cableway
signalman, Horizontal Directional Drilling Machine,
Hydra-hamme -aero stomper Micro Tunneling (above ground
tunnel) Power concrete curing machine operator Power
concrete saw operator; Power-driven jumbo form setter
operator Power sweeper operator Rock Wheel Saw/Trencher,
Roller operator (compacting) ; Screed operator (asphalt or
concrete) Trenching machine operator (up to 6 ft ) , Vacuum
or much truck
GROUP 5 Equipment Greaser (Grease Truck/Multi Shift)
GROUP 6 Articulating material hauler, Asphalt plant
engineer, Batch plant operator, Bit sharpener, Concrete
joint machine operator (canal and similar type) , Concrete
planer operator, Dandy digger, Deck engine operator,
Derrickman (oilfield type) , Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types
- Watson 1000 auger or similar types - Texoma 330, 500 or
600 auger or similar types - drilling depth of 45'
maximum) Drilling machine operator Hydrographic seeder
32
machine operator (straw, pulp or seed) , Jackson track
maintainer, or similar type, Kalamazoo Switch tamper, or
similar type; Machine tool operator; Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter(concrete or
asphalt) ; Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar) ; Micro tunnel system
(below ground) ; Pavement breaker operator (truck mounted) ,
Road oil mixing machine operator, Roller operator (asphalt
or finish) , rubber-tired earth moving equipment (single
engine, up to and including 25 yds struck) , Self-propelled
tar pipelining machine operator, Skiploader operator
(crawler and wheel type, over 3/4 yd and up to and
including 1-1/2 yds ) ; Slip form pump operator (power
driven hydraulic lifting device for concrete forms) ;
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 7 Welder - General
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 (Rackley-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
33
(any type larger than D-5 - 100 flywheel h p and over, or
similar-bulldozer, tamper, scraper and push tractor single
engine) Tractor operator (boom attachments) , Traveling
pipe wrapping, cleaning and bendng machine operator,
Trenching machine operator (over 6 ft depth capacity,
manufacturer's rating) ; trenching Machine with Road Miner
attachment (over 6 ft depth capacity) Ultra high pressure
waterjet cutting tool system mechanic, Water pull
(compaction) operator
GROUP 9 Heavy Duty Repairman
GROUP 10 Drilling machine operator, Bucket or auger types
(Calweld 200 B bucket or similar types-Watson 3000 or 5000
auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum) , Dual drum mixer,
dynamic compactor LDC350 (or similar types) , Monorail
locomotive operator (diesel, gas or electric) , Motor
patrol-blade operator (single engine) , Multiple engine
tractor operator (Euclid and similar type-except Quad 9
cat ) ; Rubber-tired earth-moving equipment operator (single
engine, over 50 yds struck) , Pneumatic pipe ramming tool
and similar types, Prestressed wrapping machine operator,
Rubber-tired earth-moving equipment operator (single
engine, over 50 yds struck) ; Rubber tired earth moving
equipment operator (multiple engine, Euclid, caterpillar
and similar over 25 yds and up to 50 yds struck) , Tower
crane repairman Tractor loader operator (crawler and wheel
type over 6-1/2 yds ) , Woods mixer operator (and similar
Pugmill equipment)
GROUP 11 Heavy Duty Repairman - Welder Combination, Welder -
Certified
GROUP 12 Auto grader operator; Automatic slip form operator;
Drilling machine operator, bucket or auger types (Calweld,
auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar
types - drilling depth of 175' maximum) ; Hoe ram or similar
with compressor, Mass excavator operator less tha 750 cu
yards; Mechanical finishing machine operator Mobile form
traveler operator; Motor patrol operator (multi-engine) ;
Pipe mobile machine operator, Rubber-tired earth- moving
equipment operator (multiple engine, Euclid, Caterpillar
and similar type, over 50 cu yds struck) ; Rubber-tired
self- loading scraper operator (paddle-wheel-auger type
self-loading - two (2) or more units)
GROUP 13 Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine,
up to and including 25 yds struck)
GROUP 14 Canal liner operator Canal trimmer operator
Remote- control earth-moving equipment operator (operating
a second piece of equipment $1 00 per hour additional) ,
Wheel excavator operator (over 750 cu yds )
34
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)
GROUP 21 Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu yds struck)
GROUP 22 Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds struck)
35
GROUP 23 Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds and
up to and including 50 yds struck) , Rubber-tired
earth-moving equipment operator, operating with the tandem
push-pull system (multiple engine, up to and including 25
yds struck)
GROUP 24 Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, over 50 yds struck) , Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds and up to 50 yds
struck)
GROUP 25 Concrete pump operator-truck mounted; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu yds struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1 Engineer oiler, Fork lift operator (includes toed,
lull or similar types)
GROUP 2 Truck crane oiler
GROUP 3 A-frame or winch truck operator, Ross carrier
operator (jobsite)
GROUP 4 Bridge-type unloader and turntable operator
Helicopter hoist operator
GROUP 5 Hydraulic boom truck Stinger crane (Austin-Western
or similar type) Tugger hoist operator (1 drum)
GROUP 6 Bridge crane operator Cretor crane operator Hoist
operator (Chicago boom and similar type) ; Lift mobile
operator; Lift slab machine operator (Vagtborg and similar
types) Material hoist and/or manlift operator Polar
gantry crane operator, Self Climbing scaffold (or similar
type) Shovel, backhoe, dragline, clamshell operator (over
3/4 yd and up to 5 cu yds mrc) ; Tugger hoist operator
GROUP 7 Pedestal crane operator, Shovel, backhoe, dragline,
clamshell operator (over 5 cu yds mrc) , Tower crane
repair Tugger hoist operator (3 drum)
GROUP 8 Crane operator (up to and including 25 ton
capacity) , Crawler transporter operator, Derrick barge
operator (up to and including 25 ton capacity) Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity) ; Shovel, backhoe, dragline,
clamshell operator (over 7 cu yds , M R C )
36
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) ;
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1 Skiploader (wheel type up to 3/4 yd without
attachment)
GROUP 2 Power-driven jumbo form setter operator
GROUP 3 Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4 Bit sharpener, Equipment greaser (grease truck) ,
Slip form pump operator (power-driven hydraulic lifting
device for concrete forms) ; Tugger hoist operator (1 drum) ,
Tunnel locomotive operator (over 10 and up to and including
30 tons)
GROUP 5 Backhoe operator (up to and including 3/4 yd ) ;
Small Ford, Case or similar; Drill doctor, Grouting machine
operator, Heading shield operator, Heavy-duty repairperson,
Loader operator (Athey, Euclid, Sierra and similar types) ,
37
Mucking machine operator (1/4 yd , rubber-tired, rail or
track type) Pneumatic concrete placing machine operator
(Rackley-Presswell or similar type) ; Pneumatic heading
shield (tunnel) ; Pumperete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum) ;
Tunnel locomotive operator (over 30 tons)
GROUP 6 Heavy Duty Repairman
GROUP 7 Tunnel mole boring machine operator
ENGINEERS ZONES
$1 00 additional per hour for all of IMPERIAL County and the
portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as
defined below
That area within the following Boundary Begin in San
Bernardino County, approximately 3 miles NE of the intersection
of I-15 and the California State line at that point which is
the NW corner of Section 1, T17N,m R14E, San Bernardino
Meridian Continue W in a straight line to that point which is
the SW corner of the northwest quarter of Section 6, T27S,
R42E, Mt Diablo Meridian Continue North to the intersection
with the Inyo County Boundary at that point which is the NE
corner of the western half of the northern quarter of Section
6, T25S, R42E, MDM Continue W along the Inyo and San
Bernardino County boundary until the intersection. with Kern
County, as that point which is the SE corner of Section 34,
T24S, R40E, MDM Continue W along the Inyo and Kern County
boundary until the intersection with Tulare County, at that
point which is the SW corner of the SE quarter of Section 32,
T24S, R37E, MDM Continue W along the Kern and Tulare County
boundary, until that point which is the NW corner of T25S,
R32E, MDM Continue S following R32E lines to the NW corner of
T31S, R32E, MDM Continue W to the NW corner of T31S, R31E,
MDM Continue S to the SW corner of T32S, R31E, MDM Continue
W to SW corner of SE quarter of Section 34, T32S, R30E, MDM
Continue S to SW corner of T11N, R17W, SBM Continue E along
south boundary of T11N, SBM to SW corner of T11N, R7W, SBM
Continue S to SW corner of T9N, R7W, SBM Continue E along
south boundary of T9N, SBM to SW corner of T9N, RlE, SBM
Continue S along west boundary of RlE, SMB to Riverside County
line at the SW corner of T1S, RlE, SBM Continue E along south
boundary of Tls, SBM (Riverside County Line) to SW corner of
T1S, R10E, SBM Continue S along west boundary of RIOE, SBM to
Imperial County line at the SW corner of TBS, RIDE, 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
38
$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
the SE corner of T9N, R21W Continue North along the East edge
of R21W. SBM to the NE corner of T12N, R21W, SBM Continue
West along the north edge of T12N, SBM to the SE corner of
T32S, R21E, MDM [T12N SBM is a think strip between T11N SBM
and T32S MDM] Continue North along the East side of R21E, MDM
to the Kings County and Kern County border at the NE corner of
T25S, R21E, MDM, continue West along the Kings County and Kern
County Boundary until the intersection of San Luis Obispo
County Continue west along the Kings County and San Luis
Obispo County boundary until the intersection with Monterey
County Continue West along the Monterey County and San Luis
Obispo County boundary to the beginning point at the NW corner
of T25S, R16E, MDM
$2 00 additional per hour for INYO and MONO Counties and the
Northern portion of SAN BERNARDINO County as defined below
That area within the following Boundary Begin at the
intersection of the northern boundary of Mono County and the
California state line at the point which is the center of
Section 17, T10N, R22E, Mt Diablo Meridian Continue S then
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the NE corner of the
Western half of the NW quarter of Section 2, TBS, R29E, MDM
Continue SSE along the entire western boundary of Inyo County,
until the intersection with Kern County at the point which is
the SW corner of the SE i�'� of Section 32, T24S, R37E, MDM
Continue E along the Inyo and Kern County boundary until the
intersection with San Bernardino County at that point which is
the SE corner of section 34, T24S, R40E, MDM Continue E along
the Inyo and San Bernardino County boundary until the point
which is the NE corner of the Western half of the NW quarter of
39
Section 6, T25S, R42E, MDM Continue S to that point which is
the SW corner of the NW quarter of Section 6, T27S, R42E, MDM
Continue E in a straight line to the California and Nevada
state border at the point which is the NW corner of Section 1,
T17N, R14E, San Bernardino Meridian Then continue NW along
the state line to the starting point, which is the center of
Section 18, T10N, R22E, MDM
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
----------------------------------------------------------------
ENGIO012-004 08/01/2009
Rates Fringes
OPERATOR Power Equipment
(DREDGING)
(1) Leverman $ 44 83 17 22
(2) Dredge dozer $ 40 36 17 22
(3) Deckmate $ 40 25 17 22
(4) Winch operator (stern
winch on dredge) $ 39 70 17 22
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand $ 39 16 17 22
(6) Barge Mate $ 39 77 17 22
----------------------------------------------------------------
IRON0002-004 07/01/2010
Rates Fringes
Ironworkers
Fence Erector $ 26 58 15 26
Ornamental, Reinforcing
and Structural $ 33 00 23 73
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
40
$2 00 additional per hour at the following locations
Port Hueneme, Port Mugu, U S Coast Guard Station - Two Rock
----------------------------------------------------------------
LAB00300-001 09/01/2010
Rates Fringes
Brick Tender $ 27 17 14 72
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LABO0300-003 07/01/2010
Rates Fringes
LABORER (GUNITE)
GROUP 1 $ 30 04 17 37
GROUP 2 $ 29 09 17 37
GROUP 3 $ 25 55 17 37
LABORER (TUNNEL)
GROUP 1 $ 31 24 14 98
GROUP 2 $ 31 56 14 98
GROUP 3 $ 32 02 14 98
GROUP 4 $ 32 71 14 98
LABORER
GROUP 1 $ 26 33 14 75
GROUP 2 $ 26 88 14 75
GROUP 3 $ 27 43 14 75
GROUP 4 $ 28 98 14 75
GROUP 5 $ 29 33 14 75
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
LABORER CLASSIFICATIONS
GROUP 1 Cleaning and handling of panel forms, Concrete
screeding for rough strike-off, Concrete, water curing,
Demolition laborer, the cleaning of brick if performed by a
41
worker performing any other phase of demolition work, and
the cleaning of lumber, Fire watcher, limber, brush loader,
piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer, Laborer, asphalt-rubber material
loader, Laborer, general or construction; Laborer, general
clean-up, Laborer, landscaping, Laborer, jetting, Laborer,
temporary water and air lines Material hose operator
(walls, slabs, floors and decks) , Plugging, filling of shee
bolt holes; Dry packing of concrete; Railroad maintenance,
repair track person and road beds, Streetcar and railroad
construction track laborers; Rigging and signaling, Scaler
Slip form raiser; Tar and mortar Tool crib or tool house
laborer, Traffic control by any method; Window cleaner;
Wire mesh pulling - all concrete pouring operations
GROUP 2 Asphalt shoveler; Cement dumper (on 1 yd or larger
mixer and handling bulk cement) Cesspool digger and
installer, Chucktender, Chute handler, pouring concrete,
the handling of the chute from readymix trucks, such as
walls, slabs, decks, floors, foundation, footings, curbs,
gutters and sidewalks; Concrete curer, impervious membrane
and form oiler, Cutting torch operator (demolition) , Fine
grader, highways and street paving, airport, runways and
similar type heavy construction Gas, oil and/or water
pipeline wrapper - pot tender and form person Guinea
chaser; Headerboard person - asphalt, Laborer, packing rod
steel and pans, Membrane vapor barrier installer, Power
broom sweeper (small) ; Riprap stonepaver, placing stone or
wet sacked concrete, Roto scraper and tiller, Sandblaster
(pot tender) , Septic tank digger and installer(lead) Tank
scaler and cleaner, Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder, Underground laborer, including caisson bellower
GROUP 3 Buggymobile person Concrete cutting torch; Concrete
pile cutter Driller, jackhammer, 2-1/2 ft drill steel or
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
42
a
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
GROUP 1 Batch plant laborer, Bull gang mucker, track person;
Changehouse person Concrete crew, including rodder and
spreader, Dump person, Dump person (outside) , Swamper
(brake person and switch person on tunnel work) , Tunnel
materials handling person
GROUP 2 Chucktender, cabletender; Loading and unloading
agitator cars Nipper Pot tender, using mastic or other
materials (for example, but not by way of limitation,
shotcrete, etc ) , Vibrator person, jack hammer, pneumatic
tools (except driller)
GROUP 3 Blaster, driller, powder person, Chemical grout jet
person; Cherry picker person, Grout gun person; Grout mixer
person, Grout pump person, Jackleg miner, Jumbo person,
Kemper and other pneumatic concrete placer operator, Miner,
tunnel (hand or machine) , Nozzle person, Operating of
troweling and/or grouting machines, Powder person (primer
house) , Primer person, Sandblaster Shotcrete person; Steel
form raiser and setter, Timber person, retimber person,
wood or steel, Tunnel Concrete finisher
43
GROUP 4 Diamond driller, Sandblaster; Shaft and raise work
GUNITE LABORER CLASSIFICATIONS
GROUP 1 Rodmen, Nozzlemen
GROUP 2 Gunmen
GROUP 3 Reboundmen
----------------------------------------------------------------
LAB00300-005 08/05/2009
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER $ 26 65 14 70
PLASTER TENDER $ 29 20 14 70
----------------------------------------------------------------
LABO0882-002 01/01/2010
Rates Fringes
Asbestos Removal Laborer $ 26 15 14 25
SCOPE OF WORK Includes site mobilization, initial site
cleanup, site preparation, removal of asbestos-containing
material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste
by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of
decontamination stations
----------------------------------------------------------------
LABO1184-001 07/01/2010
Rates Fringes
Laborers (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer $ 27 05 11 65
(2) Vehicle Operator/Hauler $ 27 22 11 65
(3) Horizontal Directional
Drill Operator $ 29 07 11 65
(4) Electronic Tracking
Locator $ 31 07 11 65
Laborers (STRIPING/SLURRY
SEAL)
GROUP 1 $ 28 50 14 56
GROUP 2 $ 29 80 14 56
GROUP 3 $ 31 81 14 56
GROUP 4 $ 33 55 14 56
44
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1 Protective coating, pavement sealing, including
repair and filling of cracks by any method on any surface
in parking lots, game courts and playgrounds, carstops
operation of all related machinery and equipment, equipment
repair technician
GROUP 2 Traffic surface abrasive blaster, pot tender -
removal of all traffic lines and markings by any method
(sandblasting, waterblasting, grinding, etc ) and
preparation of surface for coatings Traffic control
person controlling and directing traffic through both
conventional and moving lane closures; operation of all
related machinery and equipment
GROUP 3 Traffic delineating device applicator Layout and
application of pavement markers, delineating signs, rumble
and traffic bars, adhesives, guide markers, other traffic
delineating devices including traffic control This
category includes all traffic related surface preparation
(sandblasting, waterblasting, grinding) as part of the
application process Traffic protective delineating system
installer removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and
equipment; power broom sweeper
GROUP 4 Striper layout and application of traffic stripes
and markings, hot thermo plastic; tape traffic stripes and
markings, including traffic control, operation of all
related machinery and equipment
----------------------------------------------------------------
* PAIN0036-007 01/01/2011
Rates Fringes
Painters
(1) Repaint Including Lead
Abatement $ 26 05 10 08
(2) High Iron & Steel $ 29 39 10 08
(3) Journeyman Painter
including Lead Abatement $ 27 39 10 08
(4) All other work $ 27 39 10 08
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
45
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 01/06/2010
Rates Fringes
DRYWALL FINISHER/TAPER $ 33 22 12 19
----------------------------------------------------------------
* PAIN0169-002 01/01/2011
Rates Fringes
GLAZIER $ 30 89 16 92
----------------------------------------------------------------
PAIN1247-002 01/01/2010
Rates Fringes
SOFT FLOOR LAYER $ 30 85 10 54
----------------------------------------------------------------
PLAS0200-001 08/04/2010
Rates Fringes
PLASTERER $ 31 21 14 23
----------------------------------------------------------------
PLAS0500-002 07/01/2010
Rates Fringes
CEMENT MASON/CONCRETE FINISHER $ 29 50 19 85
----------------------------------------------------------------
* PLUM0016-001 07/01/2010
Rates Fringes
PLUMBER/PIPEFITTER
(1) Work on strip malls,
light commercial, tenant
improvement and remodel
work $ 30 32 14 98
(2) Work on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5, 000 sq ft of
floor space $ 37 74 16 66
(3) All other work $ 38 92 17 64
----------------------------------------------------------------
46
* PLUM0345-001 07/01/2010
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter $ 27 35 14 59
Sewer & Storm Drain Work $ 26 43 16 47
----------------------------------------------------------------
ROOF0036-002 08/01/2010
Rates Fringes
ROOFER $ 34 65 9 07
FOOTNOTE Pitch premium Work on which employees are exposed
to pitch fumes or required to handle pitch, pitch base or
pitch impregnated products, or any material containing coal
tar pitch, the entire roofing crew shall receive $1 75 per
hour "pitch premium" pay
----------------------------------------------------------------
SFCA0669-007 04/01/2010
Rates Fringes
SPRINKLER FITTER $ 33 35 17 60
----------------------------------------------------------------
SHEE0273-002 08/01/2010
Rates Fringes
SHEET METAL WORKER $ 39 00 16 47
HOLIDAYS New Year's Day, Martin Luther King Day, President's
Day, Good Friday, Memorial Day, Indepdendence Day, Labor
Day, Veterans Day,Thanksgiving Day & Friday after,
Christmas Day
----------------------------------------------------------------
TEAM0011-002 07/01/2008
Rates Fringes
TRUCK DRIVER
GROUP 1 $ 26 44 18 24
GROUP 2 $ 26 59 18 24
GROUP 3 $ 26 72 18 24
GROUP 4 $ 26 91 18 24
GROUP 5 $ 26 94 18 24
GROUP 6 $ 26 97 18 24
GROUP 7 $ 27 22 18 24
GROUP 8 $ 27 47 18 24
GROUP 9 $ 27 67 18 24
GROUP 10 $ 27 97 18 24
GROUP 11 $ 28 47 18 24
GROUP 12 $ 28 90 18 24
47
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
GROUP 2 Driver of vehicle or combination of vehicles - 2
axles, Traffic control pilot car excluding moving heavy
equipment permit load, Truck mounted broom
GROUP 3 Driver of vehicle or combination of vehicles - 3
axles, Boot person Cement mason distribution truck Fuel
truck driver, Water truck - 2 axle; Dump truck, less than
16 yds water level, Erosion control driver
GROUP 4 Driver of transit mix truck, under 3 yds , Dumperete
truck, less than 6-1/2 yds water level
GROUP 5 Water truck, 3 or more axles, Truck greaser and tire
person ($0 50 additional for tire person) ; Pipeline and
utility working truck driver, including winch truck and
plastic fusion, limited to pipeline and utility work,
Slurry truck driver
GROUP 6 Transit mix truck, 3 yds or more, Dumperete truck,
6-1/2 yds water level and over; Vehicle or combination of
vehicles - 4 or more axles Oil spreader truck Dump truck,
16 yds to 25 yds water level
GROUP 7 A Frame, Swedish crane or similar; Forklift driver,
Ross carrier driver
GROUP 8 Dump truck, 25 yds to 49 yds water level; Truck
repair person, Water pull - single engine; Welder
GROUP 9 Truck repair person/welder, Low bed driver, 9 axles
or over
GROUP 10 Dump truck - 50 yds or more water level, Water
pull - single engine with attachment
GROUP 11 Water pull - twin engine, Water pull - twin engine
with attachments, Winch truck driver - $1 25 additional
when operating winch or similar special attachments
48
f
GROUP 12 Boom Truck 17K and above
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental
-----------------------------
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) )
----------------------------------------------------------------
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates Other designations
indicate unions whose rates have been determined to be
prevailing
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1 ) Has there been an initial decision in the matter? This can
be
* 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
49
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
-------------------
END OF GENERAL DECISION
50
+G '=A-1 ASCADERO
CITY OF ATASCADERO
FOUNDED m 1978
1918
CONTRACT FOR
WYSONG CONSTRUCTION COMPANY
for
ACH-5 CONCRETE PILES, STRUCTURAL FOUNDATIONS, EARTHWORK
AND CAST-IN-PLACE CONCRETE
HISTORIC CITY HALL PROJECT, BID NO 2010-010
go pis
1918 1979
CONTRACTOR SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
WYSONG CONSTRUCTION COMPANY
THIS CONTRACT is made and entered into between City of Atascadero ("City"),
and Wysong Construction Company ("Contractor") City and Contractor agree as follows
1 SCOPE AND STANDARDS
A CONTRACT Contractor shall do all work, attend all meetings, produce all reports
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
rev 5/1/06 1
792119.3
x
.:g ._
City of Atascadero
Wysong Construction Company
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 execution of this Contract by City,
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 will terminate no later than December 31, 2012, 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 Executive Director of the City or
designee (hereinafter "Executive Director" shall include the Executive Director's designee)
Contractor shall be compensated for any additional services in the amounts and in the manner
as agreed to by City and Contractor at the time City's express written authorization signed by
the Executive Director is given to Contractor for the performance of said services
rev 5/1/06 2
792119.3
City of Atascadero
Wysong Construction Company
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 may use any reasonable
means to monitor performance and the Contractor shall comply with the Executive Director's
request to monitor performance
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 Executive Director 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.
rev 5/1/06 3
792119.3
4t
City of Atascadero
Wysong Construction Company
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 Executive Director
8 PROPERTY OF CITY
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY It is mutually agreed
that all materials prepared by the Contractor under this Contract are upon creation and shall be
at all times the exclusive property of the City, and the Contractor shall have no property right
therein whatsoever City agrees that Contractor shall bear no responsibility for any reuse of the
materials prepared by the Contractor if used for purposes other than those expressly set forth
in the Intended Use of Contractor's Products and Materials section of this Contract. Contractor
shall not disseminate any information or reports gathered or created pursuant to this Contract
without the prior written approval of City including without limitation information or reports
required by government agencies to enable Contractor to perform its duties under this Contract
and as may be required under the California Public Records Act excepting therefrom as may
be provided by court order Contractor will be allowed to retain copies of all deliverables
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 Executive Director 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
rev 5/1/06 4
792119.3
yyl�?M.tin
City of Atascadero
Wysong Construction Company
10 CONFIDENTIAL INFORMATION
A ALL INFORMATION KEPT IN CONFIDENCE All materials prepared or assemble
by Contractor pursuant to performance of this Contract are confidential and Contractor agre--
that they shall not be made available to any individual or organization without the prior writtc
approval of the City, except by court order
B REIMBURSEMENT FOR UNAUTHORIZED RELEASE If Contractor or any of
officers, employees, or subcontractors does voluntarily provide information in violation of ti
Contract, the City has the right to reimbursement and indemnity from party releasing su
information for any damages caused by the releasing party's, including the non-releasi
party's attorney's fees and disbursements, including without limitation expert's fees a
disbursements
C COOPERATION City and Contractor shall promptly notify the other party shou
Contractor or City, its officers, employees, agents, or subcontractors be served with ar
summons, complaint, subpoena, notice of deposition, request for documents, interrogatorie
request for admissions or other discovery request, court order or subpoena from any par
regarding this Contract and the work performed thereunder or with respect to any project
property located within the City City and Contractor each retains the right, but has
obligation, to represent the other party and/or be present at any deposition, hearing or simil
proceeding Contractor and City agree to cooperate fully with the other party and to provide
other party with the opportunity to review any response to discovery requests provided i.
Contractor or City However, City and Contractor's right to review any such response does n
imply or mean the right by the other party to control, direct, or rewrite said response
11 PROVISION OF LABOR, EQUIPMENT AND SUPPLIES
A CONTRACTOR PROPERTY Contractor shall furnish all necessary lam
supervision, equipment, communications facilities, and supplies necessary to perform t.
services required by this Contract except as set forth in Exhibit C City acknowledges that
equipment and other tangible assets used by Contractor in providing these services are '
property of Contractor and shall remain the property of Contractor upon termination of ti
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 su
items shall be approved by the Executive Director and shall be provided at City's sole cost a
expense
rev 5/1/06 5
792119.3
Via., 4
City of Atascadero
Wysong Construction Company
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 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 Executive Director 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.
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
rev 5/1/06 6
792119.3
fW
City of Atascadero 1
Wysong Construction Company
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 rbut 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
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
rev 5/1/06 7
792119.3
City of Atascadero �
Wysong Construction Company
17 INSURANCE
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 final project close out
(estimated to be 2017) Contractor shall contact the City prior to destruction of records
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
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
rev 5/1/06 8
792119.3
MOM
Or
City of Atascadero
Wysong Construction Company
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
rev 5/1/06 9
792119.3
`.
City of Atascadero
Wysong Construction Company
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- City of Atascadero
Director of Administrative Services
6907 EI Camino Real
Atascadero, CA 93422
Contractor- Wysong Construction Company
7025 Morro Road
Atascadero, CA 93422
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
AGREED to this day of �v, 2011 by the parties as follows,
Approved as to form WYSONG CONSTRUCTION COMPANY
Al/'A BY.
Counsel for contractor ry y ng, Own
Approved as to form CITY OF ATASCADERO
Y Y
Brian Pierik Wade Mc inney
City Attorney City Manager
rev 5/1/06 10
792119.3
CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
1 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 )
CONTRACTOR
6�e"t _-1/ -
Larry Wysong, Ow&"-
Wysong Construction Company
rev 5/1/06 ] j
792119.3
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 )
Copies of the determination of the director of the department of industrial relations of the
prevailing rate of per diem wages for each craft, classification or type of worker needed
to execute this contract will be on file in, and available at, the office of the director at
6907 el Camino real, Atascadero, ca Wage determinations are also available online at
www.dir.ca.gov/disr/pwd/southern.html
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
Contractor
Larry Wysong Owner
rev 5/1/06 12
792119.3
EXHIBIT A
Scope of Work
All work performed shall comply with architectural and engineering plans and
specifications instructions and addendums 1 through 8 per bid package Historic City
Hall Project, City Bid No 2010-010 ACH-5 Concrete Piles, Structural Foundations,
Earthwork and Cast-in-Place Concrete, hereby incorporated by reference. The Historic
City Hall project includes but is not limited to to the structural stabilization of the existing
structure foundations with a designed micro pile system The work includes all required
excavation and backfill at the basement and exterior of the building, and all micro-pile concrete
caps and reinforcement to implement the engineered micro pile system In addition, the work
includes all interior and exterior waterproofing, rough grading, all reinforcement, sand, rock
base, and vapor barriers for a new cast in place slab on grade, basement ramp and stairs,
expansion of elevator pit and foundation and structural concrete walls from basement level to
bottom of the first floor only and the basement structural grade beams and structural concrete
walls for Stair 1 enlargement (From basement to 1st level) Services provided as described in
the specifications Historic City Hall, City Bid No 2010-010, as Awarded by Atascadero City
Council to be the Base Bid, not to exceed the total contract price of$3,703,000 00, as detailed
in the attached Schedule of Values Per the specifications, the contractor shall diligently
prosecute the work to completion before the expiration of 183 working days after the Notice to
Proceed has been issued
Liquidated Damages for BP-ACH-5 will be based on reasonable actual documented costs of
engineering, inspection, superintendence, and other overhead expenses which accrue for
each day beyond the prescribed contract completion date
658615 1
DRAFT 06/4/014.33 PM A-1
Wysong Construction Co
HISTORIC CITY HALL PROJECT
The Bidder's attention is directed to Section 2, 'Proposal Requirements and
Conditions,'of Project Manual -Part A.
To the HONORABLE MAYOR and MEMBERS OF THE CITY COUNCIL of the CITY OF
ATASCADERO California.
Ladies and Gentlemen:
The undersigned as Bidder declares that he/she has carefully examined the location of
the proposed work above described, read and examined the Contract Documents, and
Addendum/Addenda, and all parts of the Project Manual therefor read the Notice to
Contractors, the Proposal Requirements, including the Standard Specifications, and
hereby proposes and agrees, if this Proposal is accepted by the City to furnish all
materials and services required to do all the work required to complete the said
construction in accordance with the Contract Documents in the time stated herein, for
the lump sum price listed given below,
CITU OF ATASCADERO
HISTORIC CITY HALL PROJECT BID NO,2010-010
BP-ACH-5, Concrete Piles, Structural Foundations, Earthwork, and Cast-in-Place
Concrete
ADDENDUM NO 04—REVISED BID FORM
A. BASE BIl?PRICE.
AA LUMP SUM FUR TRADE CONSTRUCTION SERVICES: Bidder offers to
perform required Trade Construction Semees related to trade laid package Rid No. 200-
010, ACH-5 Concrete Piles, Structural Foundations, Earthwork, acid Cast-in-Place
Concrete work for the City of Atascadero in accordance with all of the Bid Documents
incorporated into the Project Manual for the Lump Sum Pace of:
(Pt 09P
't'"O v-S A NX> DU LLAWY
Atascadcero Historic City Hall Project
BP-ACH-5 Concrete Piles,Structural Foundations,
Earthwork and Cast-in-Place Concre,e Project Manual Part$
City laid No,2010-010
5
+si>
658615 1
DRAFT 06/4/01 4.33 PM A-2
Wysong Construction Co
DESIGNATED SUBCONTRACTOR INFORMATION SHEET
BID NO 2010-010
flee Contractor shall set form we folluvving information on the 'Designated Subcontractor information Sheet, the
narne and location of the place of bushess, telephone and email address, license number and classification of
each subnontractor who will perform work or labor or rendor service to the undersigned in ur abnut the
construction of the work to be performed That portion of We woi-k which will be done by such Subcontractor for
each subcontract shall he listed by individual item number pei-ceril of !tern dollar annount of item and brief
jescription The contractor's attention is directed to Suction 6-1 11 'Listing of Subcontractors, of these Special
Provic ions.
MTKF BRAY CO
Name
PO BOX 545
Address
city stat?':-21PT 47
239-3155
Phone Number
Mi UAEL5RAY@CHARTzE_V_E_T____
F-'mail address
— 61 0280-A
Ucenp,o Number-,nd Classifications
( 63,542. 00
Item No Percent of Rpm Dollar Amount
eZtor -n
ipl.,'6n WA50;e
L_j------I ------__1
Itern Nu Percent of Itern. Dollar Amount
Descriptioo of Above Berra
Q_ HAYr4Z,RD BAKER INC.
Name
1780 LEMONWOOD DRIVE
SANTA PAUL
City State,Zip
805-9331-1331
Phone Number
listoric'_'ity Hall rlrc.jec#
BP-ACH 5 Concrdi�Piies,S'Vuclural Foutjdaziu:,.s.
Eartwork i.l.,11 C Concrete Projod Annuol Part 2
City Nd No.2010-01€1
rev 5/l/06
792119.3 A-3
Wysonrg Construction Co
Email address 1DrfiM00DY@HAYWARDBAKER COM
License Number and Classifications
( ) f ) f 1 r 880 0(}0 on )
Item No Percent of Item Dollar Amount
PILES
Description of Above Item
item No Percent of Item Dollar Amount
Description of Above Item
(3) —LRILT, TP:C`Ti
Name
2200 WYMORE WAS'
Address
City State Zip
Phone Number
Email address
745354 A B C-30 —61
License Number and Classifications
( } ( ) GO )
Item No Percent of Item Dollar Amount
SHOTCHETE
Description of Above Item
Item No Percent of Itefn Dollar Amount
Description of Above Item
NOTE. This farm ray be reprod,;ced and attarhad L)ONTA fhis Pape 10 fist r IOP3 >rih n nlr�c{rr:s.
(TFIE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF
THIS BID SHALL ALSO CONSTITUTE AN ENDORSEMENT AND
Atascadero Historic City Hall Project
13P-ACH-5 Concrete Piles,Structural Foundations,
Earthwork and Cast-in-Place Concrete Projr"t-t M"t'nual Part B
City Bid No.2010-010
658615 1
DRAFT 06/4/014.33 PM A-4
Wysc>ng Construc.fiun Co
DESIGNATED SUBCONTRACTOR INFORMATION SHEET
BID NO 2010-010
The Contractor shall set forth the following information on the 'Designated Subcontractor Information Sheet, tho
name and loration of thil plac?--- at business telephone and emaii address, liCC-118e !)Llwiber and, classIficatinn of
oach subr-ontrector who will Perform work or labor or render service to the undersigned I in or abcul the
construction of the work to be performed That portion of the work which will be done by such subcontractor for
each subcontract sh,0 be listed by individual item number percent of i1nin, dollar ,amount of item and brief
description The contractors allertion is directed to Section 6-1 11 T-isting of Subcontractors, of these�f),36al
Provisions.
f1jCMC FAB-R]:CATIQRS
1,ame
2990 E,— ANNADALP.
V-
16'ress
FRESNO, CA, 9377s
0tv State,Zip
___559-487-.x.000
........
Phone Nurnber
778010
License Nurnber and Cta sifications
( 254,093 00
Item No Percent of Rern DoMr Amount
Description of Above Item,
Item Nlo Perrent of[tern Dr,llar AFTIOUnt
Oe,scriptTen—rfAbc,-v—P-"Item
8150--FIERRO-
71j1,i2,SS.
SAL LUIS OBISpo , CA_ 9-jao,
Zip
543 0560
Phone Nurnber
Files,SIMUIX-al 70undatictiz,
r-ai-ilivvoilk:arid Cast-irf'hce Ce.fl,_r8te Protect Aanual Part S
City Ed rlo 2010-010
6586151
DRAFT 06/4/01 4.33 PM A-5
Wysong Construction Co
Email address
254025. C-39, R
License Num!)er and Classifications
Item No Percent of Item DollarAmount
WATERPROOFING
Description of Above Item
Item No Percent of Item Dollar Amount
Description of Above Item
(3)
Name
Address
City State,Zip
Phone Number
Email address
License Number and Classifications
Item No Percent of Item Dollar Amount
Description of Above Item
Item No Percent of Item Dollar Amount
Description of Above Item
Kl(-)'F-: This formmimay be reproduced and aitar,,hed W-Jm-Ith's pace w!is[ricre suLcon',f3clors.
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF
THIS 610 SHALL ALSO CONSTITUTE AN ENDORSEMENT AND
Atascadero Histofir City 1-Ian Project
SP-ACH-5 Concrele Pijes,Structuril Foundations,
Earthwork and Cast-in-Place Concrete Flroicct Manual Part 8
Ujiv Bfd No.2010-010
658615 1
DRAFT 06/4/014.33 PM A-6
EXHIBIT B
Compensation and Method of Payment
Services provided as described in the architectural and engineering plans and specifications
instructions and addendums 1 through 8, per bid package Historic City Hall Project, City Bid
No 2010-010 ACH-5 Concrete Piles, Structural Foundations, Earthwork and Cast-in-Place
Concrete, not to exceed the total contract price of $3,703,000 00, as detailed (or defined) in
the Schedule of Values, as Awarded by the Atascadero City Council Any additional services
not included in the scope of services must be approved by a City of Atascadero Change Order
prior to performing any additional work. All additional work authorized by a City of Atascadero
Change Order will be compensated at the same unit cost for the defined services as
determined on the bidder's Schedule of Values Payment will be made within 30 days after
receipt and approval of invoice
Payments to the contractor in excess of the contract amount of$3,703,000 00 will not be made
unless written authorization is executed prior to the date of the additional requested work. Any
charges incurred outside of these contract terms will not be authorized for payment.
Final Payment
A 10% 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
TOTAL CONTRACT AMOUNT $3,703,000.00
658615 1
DRAFT 06/4/014.33 PM B-1
Schedule of values WYSONG CONSTRUCTION Application No:
Invoice No:
Project: BP ACH-5 Purchase Order#XXXXX Application Date:
Period to:
Work completed Retainage Scheduled' From Total Balance to From Net Pay
Description of work completed to % Total Application
date
Value previous This period finish previous This period
lapplications - a lications retainaed this period
General
Bond $43,000.001 $0.001 $0.00 $0.001 0.0%1 $43,000.001 $0.001 soml $0.0011 $0.00
Insurance 1 $12,095.001 $0.001 $0.001 $0.001 0.0%1 $12,095.00 $0.00 $0.00 $0.00 $0.00
Mobilization Wysong 1 $35,000.001 $0.001 $0,001 $0.001 0.0%1 $35,000.001 $0.001 $0.001 $0.001 $0.00
General Subtotal $90,095.00 $0.00 $0.00 $0.00 0.0% $90,095.00 $0.00 $0.00 $0.00 $0.00
Repair
$0.001 $0.001 $0.001 $0.001 0.0%1 $0.001 $0.001 $0.001 $0.001 $0.00
Re pair Subtotal $0.00 $0.00 $0.00 $0.00 #DIV/01 $0.00 $0.00 $0.00 $0.00 $0.00
Mitigation
1.2 Reinforced concrete grade N/A
beam,4'-0"wide x 18"thick
-27cy(included in Item 2.3
below
1.2 Epoxy dowels connection $2,740.00 $0.00 $0.00 $0.00 0.0% $2,740.00 $0.00 $0.00 $0.00 $0.00
to existing footings 274ea
1.2 New reinforced concrete N/A
grade beam,24"wide x
36"thick 30cy(included in
Item 2.3 below
1.2 Epoxy dowels connection $2,400.00 $0.00 $0.00 $0.00 0.0% $2,400.00 $0.00 $0.00 $0.00 $0.00
to existing footings 240 ea
1.2 Demolish and remove $300.00 $0.00 $0.00 $0.00 0.0% $300.00 $0.00 $0.00 $0.00 $0.00
existing slab on grade and
small section ofthe footing
16 it
1.2 Excavate,shore and $214,000.00 $0.00 $0.00 $0.00 0.0% $214,000.00 $0.00 $0.00 $0.00 $0.00
reoom pact to facilitate
ldrillina 1095vds
1.2 $2,055,780.00 $0.00 $0.00 $0.00 0.0% $2,055,780.00 $0.00 $0.00 $0.00 $0.00
aa9-spi sea 259 micro-
piles ofvarying depths and
diameters
1.2 29"dia-x;!Q'leA@(96) N/A
KGlWGIiAq F9 Afg�-W-at
aa9-sial ises Included in
item above
1.2 Reinforced concrete pile ca $833,425.00 $0.00 $0.00 $0.00 0.0% $833,425.00 $0.00 $0.00 $0.00 $0.00
1.2 P6FffiaA8Atl4ydFa IGJaBlffi, N/A
NIA
1.2 Mobilization and $50,000.00 $0.00 $0.00 $0.00 0.0% $50,000.00 $0.00 $0.00 $0.00 $0.00
Demobilization of Micro
Pile sub
2.3 Reinforced concrete shear $137576.28 $0.00 $0.00 $0.00 0.0% $137,576.28 $0.00 $0.00 $0.00 $0.00
w ails including#4 dow el at
24"on center 6"thick
8866s42089sf for the URM
Fast and West Exterior Walls-
reinforced concrete overlay
from the basement to the
tesgp first floor diaphragm
2.3 Reinforced concrete shear $85,153.72 $0.00 $0.00 $0.00 0.0% $85,153.72 $0.00 $0.00 $0.00 $0.00
w alis including#4 dow el at
24"on center 6"thick:"
6,171 8 1293 SF for the LIRM
North and South Exterior Walls
-Reinforced Concrete
Overlay fromthe basement to
the 4f41 st floor diaphragm
3.1 New concrete slab including $204,530.00 $0.00 $0.00 $0.00 0.0% $204,530.0 $$0.00 $0.00 $0.00 $0.00
drilled and epoxy 6" 14783sf
(Basement Slab)
Mitigation Subtotal $3,585,905.00 $0.00 $0.00 $0.00 0.0% $3,585,905.00 $0.00 $0.00
ity
City Egress/Ingress-Stairway $12,400.00 $0.00 $0.00 $0.00 0.0% $12,400.00 $0.00 $0.00 $0.00 $0.00
#1 Concrete 8 rebar
City Elevator Pit Concrete and $14,600.00 $0.00 $0.00 $0.00 0.0% $14,600.00 $0.00 $0.00 $0.00 $0.00
rebar
City Subtotal $27,000.00 $0.00 $0.00 $0.00 0.0% $27,000.00 $0.00 $0.00 $0.00 $0.00
Grand total $3,703,000.00 $0.00 $0.00 $0.00 0.0% $3,703,000.00 $0.00 $0.00 $0.00 $0.00
658615 1
DRAFT 06/4/01 4.33 PM B-2
EXHIBIT C
Items Provided by City
• City will provide the following electric power source and be responsible for payment thereof
1 HEAVY DUTY 400 amp, 3 phase temporary service, Contractor to have access to
temporary power panel to provide at its own expense individual power connection as
required
• General lighting will be provided by the City but specific task lighting must be provided by the
Contractor
• City will provide a source of water to the site but the Contractor is responsible to provide all
temporary water distribution required for the Contractor's work.
• City will install and maintain throughout the construction work chemical toilet facilities for the use
of all workmen on the job
• If the Contractor requires an on site temporary office, the City will provide a limited amount of
office space for the Contractor in a portion of the Construction Manager's office complex. Any
phone or internet service will be the responsibility of the Contractor
• Permit fees will be paid by the City of Atascadero Any special permits required to perform this
scope of work, such as deferred permits, Cal OSHA Activity Permits, AQMD Permits and all
other governing jurisdictions that required permits or approvals for the execution of Contractor's
scope of work shall be applied for and paid by the Contractor
658615 1
DRAFT 06/4/014.33 PM C-1
EXHIBIT D
Location Schedule
Ash ,
44
g
i
A �
Historic Atascadero City Hall
6500 Palma Avenue
Atascadero, California 93422
658615 1
DRAFT 06/4/014.33 PM D-1
EXHIBIT E
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 performance
of the work hereunder and the results of that work by the Contractor, his agents, representatives,
employees or subcontractors.
Minimum 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 Form 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)
Minimum Limits of Insurance
Lessee shall maintain limits no less than
I General Liability- $5,000,000 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-Insured 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.
658615 1
DRAFT 06/4/014.33 PM E-
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 tohabihty 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 indemimty 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 A Vii
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.
658615 1
DRAFT 06/4/014.33 PM E-2
EXHIBIT F
VVysong Construction Co
Federal
Certifications and Assurances
Certification and Assurance. The subgrantee or contractor executing this certification
hereby assures and certifies that it will comply with all of the applicable requirements of the
following as the same may be amended from time to time, including adding appropriate
provisions to all contracts between Grantee and far-profit Subgrantees or Contractors.
(1) 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. (Contracts more than the simplified acquisition threshold)
(2) Termination for cause and for convenience by the grantee or subgrantee including the
manner by which it will be effected and the basis for settlement. (All contracts in excess of
$10000)
(3) Compliance with Executive Carder 11246 of September 24 1965 entitled 'Equal
Employment Opportunity as amended by Executive Order 11375 of October 13, 1967
and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All
construction contracts awarded in excess of$10,000 by grantees and their contractors or
Subgrantees)
(4) Compliance with the Copeland Anti-Kickback" Act (18 U S.0 874) as supplemented in
Department of Labor regulations (29 CFR part 3). (Ali contracts and subgrants for
construction or repair)
(5) Compliance - This project is NOT subject to Davis Bacon Act requirements — State of
California prevailing wage determinations and labor regulations apply
(6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards
Act (40 U S C 327-330) as supplemented by Department of Labor regulations (29 CFR
part 5). (Construction contracts awarded by grantees and Subgrantees in excess of
$2000 and in excess of $2500 for other contracts which involve the employment of
mechanics or laborers)
(7) Notice of awarding agency requirements and regulations pertaining to reporting
Atascadero Historic City Hall Project
BP-ACH-5 Concrete Piles,Structural Foundations,
Earthwork and Caston-Place Concrete Project Manual-Part B
City Bid No.2030-010
658615 1
DRAFT 06/4/01 4.33 PM F-1
Wysong Construction Co
(8) Notice of awarding agency requirements and regulations pertaining to patent rights with
rospect to any discovery or invention which arises or is developed in the course of or
under such contract.
(9) Awarding agency requirements and regulations pertaining to copyrights and rights in data.
(10) Access by the grantee, the subgrantee, the Federal grantor agency the Comptroller
General of the united States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that
specific contract for the purpose of making audit, examination, excerpts and
transcriptions.
(11) Retention of all required records for three years after grantees or subgrantees make final
payments and all other pending matters are closed
(12) Compliance with all applicable standards, orders or requirements issued under section
306 of the Clean Air Act (42 U.S C 1857(h)), section 508 of the Clean Water Act (33
U S C 1368), Executive Order 11738, and Environmental Protection Agency regulations
(40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of
$100000)
(13) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act(Pub, L. 94-163 89 Stat. 871).
The information contained in this certification is true and accurate to the best of my
knowledge
Name of Subgrantee or Contractor Name and Contract Number•
ATASCADERO HISTORIC CITY HALL PRIJE;CT
iy WYSONG CONSTRUCTION CO �BP-ACH-05 BIO NO 2010-010
Signature of Authorized Certifying Title: i —Date
–
Official ial gwNFR j 3/29/201 ;
WARNING. Sectionf71 of the Title 18 of the United States Code (Criminal Code and
Criminal Procedure, 72 Stat.967)applies to this certification. 18 U S C 1001, among other
things provides that whoever knowingly and willfully makes or uses a document or writing
knowing the same to contain any false fictitious or fraudulent statement or entry in any
matter within jurisdiction of any department or agency of the United States shall be fined
no more than $10 000 or imprisoned for not more than five years, or both.
Atascadaro Historic City Hall Project
BP-ACI 1-5 Concrete Piles,Structural Foundations,
Earthwork and Cast-in-Place Concrete Prclect Manual fart d
City Did No,2010-010
rev 5/1/06 F-2
792119.3