HomeMy WebLinkAbout2017-012 CalPortland Atas Mall Sidewalk CITY OF ATASCADERO
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CONSTRUCTION CONTRACT j
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CALPORTLAND CONSTRUCTION
FOR
BARRIER REMOVAL / ATASCADERO MALL SIDEWALK ACCESSIBILITY
AND PEDESTRIAN RAMP PROJECT
CITY PROJECT NO. C2016M04
City of Atascadero X
CalPortland Construction
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�ATASCADE�p;i
CONSTRUCTION CONTRACT AGREEMENT
THIS CONTRACT is made and entered into between City of Atascadero, a
Municipal Corporation ("City"), and CalPortland Construction, Inc. ("Contractor"). City and
Contractor agree as follows:
1. SCOPE AND STANDARDS:
A. PROJECT. City's Project, of which Contractor's services under this Contract are a
part, is generally identified as follows ("Project"):
BARRIER REMOVAL 1 ATASCADERO MALL SIDEWALK
AND PEDESTRIAN RAMP PROJECT
CITY PROJECT NO. C2016M04
B. SCOPE OF SERVICES. Contractor's services under this Contract are generally
identified as concrete sidewalk construction, ADA ramp and pedestrian push button
replacement, and associated minor drainage improvements. A detailed scope of services is
attached to and made part of this Contract as Exhibit A. Contractor shall provide, or cause to
be provided, the services set forth in this Contract.
C. CONTRACT. Contractor shall provide all labor, materials, equipment, and carry out
all activities necessary to complete the services described in the SCOPE OF WORK AND
STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as
Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the
"Contract Documents." Terms set forth in any Contract Document shall be deemed to be
incorporated in all Contract Documents as if set forth in full therein.
2. EMPLOYMENT STATUS OF PERSONNEL:
A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONTRACTOR. Contractor
enters into this Contract as, and shall at all times remain as to the City, an independent
contractor and not as an employee of the City. Nothing in this Contract shall be construed to
be inconsistent with this relationship or status. Any persons employed by Contractor for the
performance of services pursuant to this Contract shall remain employees of Contractor, shall
at all times be under the direction and control of Contractor, and shall not be considered
employees of City. All persons employed by Contractor to perform services pursuant to this
Contract shall be entitled solely to the right and privileges afforded to Contractor employees
and shall not be entitled, as a result of providing services hereunder, to any additional rights or
privileges that may be afforded to City employees.
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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 ail persons, firms or
corporations employed by it or under its control to observe and comply with, applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D. UNLAWFUL DISCRIMINATION PROHIBITED. Contractor shall not engage in
unlawful employment discrimination. Such unlawful employment discrimination includes, but is
not limited to, employment discrimination based upon a person's race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, gender,
citizenship or sexual orientation.
3, TIME OF PERFORMANCE:
The services of Contractor are to commence upon receipt of the Notice to Proceed, and
shall be undertaken and completed in a prompt and timely manner, in accordance with the
Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this
Contract shall terminate no later than January 31, 2018, unless extended by the mutual
agreement of both parties.
4. COMPENSATION:
A. TERMS. Compensation to the Contractor shall be as set forth in Exhibit B attached
hereto and made a part hereof.
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Contractor shall not
be compensated for any services rendered in connection with its performance of this Contract,
which are in addition to those set forth herein or listed in Exhibit A, unless such additional
services are authorized in advance and in writing by the City Manager or the City Manager's
designee (hereinafter "City Manager" shall include the City Manager's designee). Contractor
shall be compensated for any additional services in the amounts and in the manner as agreed
to by the City and Contractor at the time City's express written authorization signed by the City
Manager is given to Contractor for the performance of said services.
5. SUPERVISION, LABOR AGREEMENTS AND PERSONNEL:
A. CONTRACTOR SUPERVISES PERSONNEL. The Contractor shall have the
responsibility for supervising the services provided under this Contract, hiring of personnel,
establishing standards of performance, assignment of personnel, determining and affecting
discipline, determining required training, maintaining personnel files, and other matters relating
to the performance of services and control of personnel. The City Manager may use any
reasonable means to monitor performance and the Contractor shall comply with the City's
Manager's request to monitor performance.
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B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Contractor may be obligated to comply with bargaining agreements
and/or other agreements with employees and that the Contractor is legally obligated to comply
with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that
the Contractor's performance shall not in any manner be subject to any bargaining
agreement(s) or any other agreement(s) the Contractor may have covering and/or with is
employees.
C. APPROVAL OF STAFF MEMBERS. Contractor shall make every reasonable effort
to maintain the stability and continuity of Contractor's staff assigned to perform the services
required under this Contract. Contractor shall notify City of any changes in Contractor's staff to
be assigned to perform the services required under this Contract and shall obtain the approval
of the City Manager of a list of all proposed staff members who are to be assigned to perform
services under this Contract prior to any such performance.
6. TERMINATION:
A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this
Contract, without cause, at any time. In the event -of such termination, Contractor shall be
compensated for non-disputed fees under the terms of this Contract up to the date of
termination.
B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this
Contract, Contractor shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of this Contract by Contractor, and the City may withhold any
payments due to Contractor until such time as the exact amount of damages, if any, due the
City from Contractor is determined. All of the indemnification, defense and hold harmless
obligations in this Contract shall survive termination. The obligations of the Surety on the
Faithful Performance Bond shall survive the termination of this Contract.
7. CHANGES:
The City or Contractor may, from time to time, request changes in the scope of the
services of Contractor to be performed hereunder. Such changes, including any increase or
decrease in the amount of Contractor's compensation and/or changes in the schedule must be
authorized in advance by both Parties in writing. Mutually agreed changes shall be
incorporated in written amendments to this Contract. Any increase in the amount of
Contractor's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in
advance by the City Manager.
8. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed
that all materials provided by the Contractor under this Contract shall be the exclusive property
of the City, and the Contractor shall have no property right therein whatsoever.
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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 taste reasonable care to ensure that no person having any such interest shall be
employed by it as an officer, employee, agent or subcontractor without the express written
consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the performance of this
Contract. Contractor agrees to include language similar to this Section 9(A) in all contracts
With subcontractors and agents for the work contemplated herein.
10. CONFIDENTIAL INFORMATION:
A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled
by Contractor pursuant to performance of this Contract are confidential and Contractor agrees
that they shall not be made available to any individual or organization without the prior written
approval of the City, except by court order.
B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Contractor or any of its
officers, employees, or subcontractors does voluntarily provide information in violation of this
Contract, the City has the right to reimbursement and indemnity from party releasing such
information for any damages caused by the releasing party's, including the non-releasing
party's attorney's fees and disbursements, including without limitation expert's fees and
disbursements.
C. COQPERATION. City and Contractor shall promptly notify the other party should
Contractor or City, its officers, employees, agents, or subcontractors be served with any
summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Contract and the work performed thereunder or with respect to any project or
property located within the City. City and Contractor each retains the right, but has no
obligation, to represent the other party and/or be present at any deposition, hearing or similar
proceeding. Contractor and City agree to cooperate fully with the other party and to provide the
other party with the opportunity to review any response to discovery requests provided by
Contractor or City. However, City and Contractor's right to review any such response does not
imply or mean the right by the other party to control, direct, or rewrite said response.
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11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:
A. CONTRACTOR PROPERTY. Contractor shall furnish all necessary labor,
supervision, equipment, communications facilities, and supplies necessary to perform the
services required by this Contract except as set forth in Exhibit C. City acknowledges that all
equipment and other tangible assets used by Contractor in providing these services are the
property of Contractor and shall remain the property of Contractor upon termination of this
Contract.
B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies,
stationary, notices, forms or similar items that it requires to be issued with a City logo. All such
items shall be approved by the-City-Manager and shall be provided at City's sole cost and
expense.
12. COMPLIANCE WITH LAW:
A. COMPLIANCE REQUIRED. Contractors hall keep itself informed of applicable local,
state, and federal laws and regulations which may affect those employed by it or in any way -
affect the performance of its services pursuant to this Contract. Contractor shall observe and
comply with all applicable laws, ordinances, regulations and codes of federal, state and local
governments, and shall commit no trespass on any public or private property in performing any
of the work authorized by this Contract. Contractor shall at all times hold a valid contractor's
license if performing any function or activity for which a license is required pursuant to Chapter
9 (commencing with section 7000) of Division 3 of the California Business and Professions
Code, and Contractor shall provide a copy of the license(s) upon the request of the City. The
City, its officials, officers, elected officials, appointed officials and employees shall not be liable
at law or in equity as a result of any failure of contractor to comply with this section.
B. PREVAILING WAGES. The Contractor is required to pay prevailing wages for the
work performed under this Agreement. The Contractor shall pay all penalties and wages as
required by applicable law.
13. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City Manager. Contractor shall be as fully responsible to the City for the
negligent acts and omissions of its contractors and subcontractors, and of persons either
directly or indirectly employed by them, as it is for the negligent acts and omissions of persons
directly employed by Contractor.
14. ASSIGNABILITY:
Contractor shall not assign or transfer any interest in this Contract whether by
assignment or notation. However, claims for money due or to become due Contractor from the
City under this Contract may be assigned to a financial institution, but only with prior written
consent of the City Manager. Notice of any assignment or transfer whether voluntary or
involuntary shall be furnished promptly to the City. The rights and benefits under this
agreement are for the sole and exclusive benefit of the City and this Contract shall not be
construed that any third party has an interest in the Contract.
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City of Atascadero
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15. LIABILITY OF CONTRACTOR:
Contractor shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally accepted standards of Contractor's profession and shall
be liable for its own negligence and the negligent acts of its employees, agents, contractors
and subcontractors. The City shall have no right of control over the manner in which the work
is to be done but only as to its outcome, and shall not be charged with the responsibility of
preventing risk to Contractor or its employees, agents, contractors or subcontractors.
16. INDEMNIFICATION:
A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a
professional standard of care for Contractor's Services, to the fullest extent permitted by law,
Contractor shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all losses,
liabilities, damages, costs and expenses, including attorney's fees and costs to the extent
same are caused in whole or in part by any negligence, or wrongful act, error or omission of
Contractor, willful misconduct, or- recklessness of --its officers, agents, employees or
subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in
--- the performance of professional services under this.agreement. _
B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL.LIABILITY. Other than
in the performance of professional services and to the full extent permitted by law, Contractor
shall indemnify, defend and hold harmless City, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of
any kind, whether actual, alleged or threatened, including attorney's fees and costs, court
costs, interest, defense costs, and expert witness fees), where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of this
Agreement-by Contractor or by any individual or entity for which contractor is legally liable,
including but not limited to officers, agents, employees or subcontractors of Contractor.
C. GENERAL INDEMNIFICATION PROVISIONS. Contractor agrees to obtain
executed indemnity agreements with provisions identical to those set forth here in this section
for each and every subcontractor or any other person or entity involved by, for, with or on
behalf of Contractor in the performance of this agreement. -In the event contractor fails to
obtain such indemnity obligations from others as required here, Contractor agrees to be fully
responsible according to the terms of this section. Failure of City to monitor compliance with
these requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here
is binding on the successor, assigns or heirs of Contractor and shall survive the termination of
this agreement or this section.
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City of Atascadero 16361
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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.
17. INSURANCE: '
Contractor shall maintain prior to the beginning of and for the duration of this Agreement__ I
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 requited by City that
relates to.-the performance of services under this Contract. Contractor shall maintain adequate
records.of services provided in sufficient detail to permit an evaluation of services. All such .
records shall be maintained in accordance with generally accepted accounting principles and .
shall be clearly identified and readily accessible and in a form acceptable to the City, which the
City may specify and change from time to time. Contractor shall provide free access to the
representatives of City or its designees, at reasonable times, to such books and records, shall
give City the right to examine and audit said books and records, shall permit City to make
transcripts therefrom as necessary, and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Contract. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has a NONDISCRIMINATION /
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties
shall not discriminate or grant preferential treatment on the basis of race, sex, color, age,
religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest
extent allowed by law, with all applicable local, state, and federal laws relating to
nondiscrimination.
B. UNAUTHORIZED ALIENS. Contractor hereby promises and agrees to comply with
all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.),
as amended, and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Contractor so employ such unauthorized aliens for the performance of work
and/or services covered by this contract, and should the Federal Government impose
sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees to,
and shall, reimburse City for the cost of all such sanctions imposed, together with any and ail
costs, including attorneys' fees, incurred by the City in connection therewith.
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C. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties, and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction
being expressly waived.
D. City has an interest in the qualifications of and capability of the persons and entities
that will fulfill the duties and obligations imposed upon Contractor by this Contract. In
recognition of that interest, neither any complete nor partial assignment of this Contract, may
be made by Contractor nor changed, substituted for, deleted, or added to without the prior
written consent of City which consent shall not be unreasonably withheld. Any attempted
assignment or substitution shall be ineffective, null, and void, and constitute a material breach
of this Contract entitling City to any and all remedies at law or in equity, including summary
termination of this Contract. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Contract.
E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and
understanding between the parties relative to-the services specified herein and there are no -
understandings, agreements, conditions, representations, warranties or promises, with respect
to this Contract, except those contained in or referred to in this Contract and this Contract
supersedes all prior understandings, agreements, courses of conduct, prior dealings among
the parties and documentation of any kind without limitation.
F. AMENDMENTS. This Contract may be modified or amended, or any of its
provisions waived, only by a subsequent written agreement executed by each of the parties.
The parties agree that this requirement for written modifications cannot be waived and any
attempted waiver shall be void.
G. CONSTRUCTION AND INTERPRETATION. Contractor and City agree and
acknowledge that the provisions of this Contract have been arrived at through negotiation and
that each party has had a full and fair opportunity to revise the provisions of this Contract and
to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or
interpreting this Contract shall not be resolved against the drafting party. The titles of the
various sections are merely informational and shall not be construed as a substantive portion
of this Contract.
H. WAIVER. The waiver at any time by any party of any of its rights with respect to a
default or other matter arising in connection with this Contract shall not be deemed a wavier
with respect to any subsequent default or other matter.
I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable.
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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 Public Works
6500 Palma Avenue
Atascadero, CA 93422
Contractor: CalPortland Construction
PO Box 1280
Santa Maria, CA 93456
Each party may change the address at which it gives notice by giving ten (10) days
advance, written notice to the other party.
K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of
Contractor warrant and represent that they have the authority to execute this Contract on behalf of their
Company and further warrant and represent that they have the authority to bind Contractor to the
performance of its obligations hereunder.
Effective this 12h day of July, 2017 by the parties as follows,
Approved as to form: CalPortlandstruction
By:
Counsel for Contractor (If applicable) Jesse Bishop
Approved as to form* . ,City of A s adero
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By:
Brian Pierik, City Attorney Ra c le Rickar , City Manager
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City of Atascadero �.
CalPortland Construction
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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 1 have complied or will comply with such
provisions before commencing the performance of the work of this contract_ (Cal. Labor C.
§§1860, 1861.)
CONTRACTOR
Jesse Bishop
CalPortland.
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City of Atascadero "
CalPortland Construction
CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE REQUIREMENTS
Contractor acknowledges that under California labor code sections 1810 and following, 8 hours of
labor constitutes a legal day's work. Contractor will forfeit as a penalty to city the sum of $25.00 for
each worker employed in the execution of this contract by contractor or any subcontractor for each
calendar day during which such worker is required or permitted to work more than 8 hours in any
one calendar day and 40 hours in any one calendar week in violation of the provisions of labor code
section 1810. (labor code§ 1813.)
Attention is given to the fact that both Federal (Davis-Bacon)and State of California prevailing wage rate
requirements apply to this project. Not less than the greater of the Federal Davis-Bacon wage rates or the
general prevailing wage rate of per diem wages and the Federal prevailing rates for holiday and overtime must
be paid on this project. State of California prevailing wage rates are available online at
www.dir_ca.gov/dlsr/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.
Pursuant to Labor Code Section 1771.1, the contractor and subcontractor must be currently
registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 at the
time the project is awarded.
This Project is subject to compliance monitoring and enforcement by the a artment of Industrial
Relation, pursuant to Labor Code Section 1771.4.
Contractor r,
Jesse Bishop
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City of Atascadero _
CalPortland Construction
EXHIBIT A
Scope of Work
All work performed shall comply with the requirements, as described in the
Barrier Removal/Atascadero Mall Sidewalk Accessibility and Pedestrian Ramp
Project, Bid No. 2097-005, Project No. C2016M04 engineering plans and
specifications, hereby incorporated by reference. The prosect primarily consists
of construction of a concrete sidewalk, ADA ramps, driveways and associated
grading and paveback for ADA pathway. Per the specifications, the Contractor
shall diligently prosecute the work to completion before the expiration of 30
calendar days after the Notice to Proceed-has been issued.
It is agreed by the parties to the Contract that in case all the work called for under the
Contract is not completed before or upon the expiration of the time limit as set forth in
these specifications, damage will be sustained by the City, and that it is and will be
impracticable to determine the actual damage which the City will sustain, in the event of
any, by reason of such delay; and it is therefore agreed that Contractor will pay to the
City the sum of Five Hundred dollars $500 per day for each and every calendar day
delay beyond the time prescribed to complete the work; and, Contractor agrees to pay
such Liquidated Damages as herein provided, and in case the same are not paid,
agrees that the City may deduct the amount thereof from any moneys due or that may
become due Contractor under the contract.
The Contractor shall not be assessed with Liquidated Damages, nor the costs of
engineering and inspection during any delay in the completion of the work caused by
acts of the federal government or the public enemy, or acts of God, fire, floods,
epidemics, severe weather, or delays of subcontractors due to such causes; provided
that the Contractor shall, within ten (10) days from the beginning of such delay, notify
the City Engineer in writing of the cause of delay, who shall ascertain the facts and
extent of the delay, and his finding of the facts thereon shall be final and conclusive.
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City of Atascadero _
CalPortland Construction
EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED $ 166, 999.00
WITHOUT PRIOR WRITTEN AUTHORIZATION
City shall pay Contractor for completion of the Work on a Unit Price Basis in accordance
with Contract Documents an amount equal to the sum of the established unit price for
each separately identified bid item times the completed quantity of that item at the
prices stated in attached Contractor's Bid. Work shall include items as identified in the
Bid Schedule, not to exceed the total contractual amount of $ 166,999.00. Quantities
shown on the Bid Schedule_ are not guaranteed, and determinations of actual quantities
and classifications are to be made by City. The City shall have the ability to make
alterations to -_the Work, as the Work progresses, involving increases and decreases to
quantities of itemized Unit Price Work. The unit price shall not be subject to re-
evaluation or adjustment regardless of the total cost or-variation between actual-and
estimated quantities.
Any additional services authorized by the City of Atascadero, not included in the scope
of services as defined by this contract, must be approved in the form of a City of
Atascadero Change Order prior to performing additional work. All additional work
authorized by a City of Atascadero Change Order will be compensated at the same unit
price in the attached Contractor's bid, if applicable. For extra work, where no unit cost
has been defined in the attached contract, the Contractor shall be compensated as
identified in Section 7-1.4, "Alterations and Changes", of the Barrier Removal /
Atascadero Mall Sidewalk and Pedestrian Ramp Project Specifications. Any charges
incurred outside of these contract terms will not be authorized for payment. Payment will
be made within 30 days after receipt and approval of invoice.
No invoice will be approved without receipt and approval of certit<ed a roll records.
A 5% retention-will be held for thirty-five days after the Notice of Completion is filed with
the County of San Luis Obispo. The retention will be released upon the City of
Atascadero's final approval and the satisfactory completion of the project. Contractor
agrees that the payment of the final amount due under the Contract is contingent upon
Contractor furnishing a release of'all claims against the City arising by virtue of this
contract. Disputed contract claims in stated amounts may be specifically excluded by
Contractor from the operation of the release.
B-1
City of Atascadero IN
CalPortland Construction
COBG Atascadero Mal!Sidewalk Accessibility
C201 SM04
BID SUBMITTAL FORM 42 OF 20
CITY OF ATASCADERO
CDBG Barrier RemovaUAtascadero Mail Sidewalk Accessibility
and Pedestrian Ramp Replacement
City Bid No.2017-005
REM UNIT TOTAL
NO. ITEM DESCRIPTION QUANTITY UNIT PRICE ITEM PRICE
1 MOBILIZATION 1 Ls ?l,+}oy•'° ` al,yo�i-"�
2 TRAFFIC CONTROL 1 LS 13,5G0•'� (� 500.��
3 WATER POLLUTION CONTROL 1 LS 3,(,goo-' 3.000
4 DEMOLITION OF EXISTING FACILITIES 1 LS tg,Ow-`t� a5,OW-o
5 ADJUST EXISTING UTILITY PULL BOX OR VALVE LID TO GRADE 4 EA 4CO.' tr(9 OD ov
6 REMOVE AND REPLACE SIDEWALK UNDERDRAIN PIPE 1 EA 550-, f SSD-Q�
1 REMOVE TREE(INCLUDES STUMP GRIND) 1 EA �,c1�p° a .4co 00
8 RESET MAILBOX(2-4X4 POST) - Y EA 11000.00
,DLO.� # 11
DUD.DQ
K14INSTALL STORM DRAIN INLET(TYPE OS) 1 LS Ltr OOD•,� tf,000.0O
INSTALL 1S HOPE STORM DRAIN PIPE 30 LP (8?,`O S,BIRO•
CONSTRUCT CONCRETE LUG 1 EA 1, 1�•'� �, l SD-°�
CONSTRUCT SIDEWALK UNDERDRAIN 1 LS �,ODt7 ea I 3,coo.
DRIVEWAY ASPHALT PAVEBACK(2"AC!6"CL 2 BASE.112'MIX) 300 SF
ROADWAY ASPHALT PAVEBACK(4'ACIB'CL 2 BASE,112'MIX) 1,700 SF $-5� (CONSTRUCT CONCRETE CURB R GUTTER 405 LF i}(•°� * tlt (�oS•
16 CONSTRUCT CONCRETE SIDEWALK
d"NSTRUCTCO CL 2 BASE 2.400 SF
17 CONSTRUCT CONCRETE ADA CURB RAMP 2D5 SP
18 CONSTRUCT CONCRETE❑RIVEWAYAPPROACH 700 SF .so ta,15�'a
19 THERMOPLASTIC PAVEMENT MARKINGS 400 SF20
D-
20 THERMOPLASTIC PAVEMENT STRIPING 465 LF (.p0 S Ll 0•
21 RELOCATE EXISTING ROAD SICK 1 EA �(Ob `p LACU o0
22 INSTALL ROAD SIGN 3 EA +
Total Is I L06, jcla .Co g
as. �
BID TOTAL 1N WORDS:
Ohve, hvi,d fed 5i x_N—Si x 46)6aA8 hind ko Aa6 nir et9-r ln-lrJd6r �c
LS=Lump Sum CY=Cubic Yard SF=Square Feet EA=Each LF=Linear Feet AC=Acres
NOTE: In case of error In extension of price into the total price column,the unit price will govern.
CaiPortland
Construction �y4v
BIDDER:
SUN 2 2
r�:�1fS�' r
U.
B-2
City of Atascadero
CalPortland Construction
CDBG Atascadero Mall Sidewalk Accessibility
C2016Mtt4
BID SUBMITTAL FORA?#11 OF 20
DESIGNATED SUBCONTRACTOR INFORMATION SHEET
The Contractor shall set forth the following information on the"Designated Subcontractor Iaformalion Sheet," the name and
location of the pioce of business,telephone and email address,liccnsc number and classification'of each subcontractor who will
perform work or labor or reader service to the undersigned in or about the construction of the work to be performed. That
portion or the work which will be done by such subcontractor for each subcontract shall be listed by individual item number,
percent of item. dollar amount of item and brief descrilion. Per SB 854 {S(at.2014, Chapter 28), no contractor or
subcontmoor may work or be listed on a bid proposal unless registered with Elie D11L
l 4• Atr•ia-t3 (2) Jo Aym 4taA—LzYA �ulV t�
Nome l Name ,1 - �J
15-tes F-1 Camillo 2.ta
Address Address ] 1 L, r CA �1
OIJC r0 3F+a•� trT17 kaEq .rA-a) qSq-J.?
City,state,Zip City.State,Zip
Phone Number - Phone Number
Gtc6vrvems C� ��J•vtk+
Email address UU email address Li
010(plDO L'—Cal0 Sa�lq -Tt s (y21-1 CSVry int
License Number and Classifications License Number and Classifications
( 7 ) ( t Oo ) ( 4Q,4l 0 oo -) ( t ) { l 1 I ) f tea, SCO• ao I
Item No Percent of Item Dollar Amount llem No Percent of Item Dollar Amount
IZP�moye Trcc ��rtivdt�_siuTnpv6+1�ir �u� ��r-F�a1 - Syrue
Description of Above Item (,1 ri�e1i nDescription of Above Item
( ) f 1 ( \J ) f ) ( ) I
Item No Percent of Item Dollar Amount Item No Percent ofltem Dollar Amount
Description of Above Item Description of Above Item
Item No Percent ofltem Dollar Amount Item No Percent of Item Dollar Amount
Description of Above item Description of Above Item
Item No Percent of Item Dollar Amount Item No Percent of Item Dollar Amount
Description of Above item Description of Above Item
CAUTION!
FAILURE TO FILL OUT THIS FORM COMPLETELY ACCURATELY AND
LEGIBLY WILL CAUSE YOUR BID TO BE CONSIDERED NON-RESPONSIVE
B-3
City of Atascadero
CalPortfand Construction
CDBG Atascadero Mall Sidewalk Accessihillty
C2016Mo4
Name Name
310 A. S- ra;t
Address Address
F;ll,,o.re- CA__laoicy
City,State,Zip City,State,Zip
(_BCS)5-114-1345
Phone Number Phone Number
5u 44,r-Xa ndJ1-r,c e.Cor V, -
Email address - _- email address
-
License Number and Classifications License Number and Classifications
( IJL ) ( Ica ) ( I? $.2-S• ca } r 1 r 1 ( )
Item No Percent of Ilem Dollar Amount Item No Percent of(tern Dollar Amount
T-rkSA76Ll 1 V-Oc-d 5!!�r\ _
Description of Above Item Description of Above Item
( 1 1 [ 17 ) ( 3,750. oo } ( ) L )
Item No Percent of Item Dollar Amount Item No Percent of item Dollar Amount
Description of Above Item Description of Above Item
too ) r �`, JOD- ) ?
Item No Percent of Item Dollar Amount Item No Percent of Item Dollar Amount
—)1-%4V-M0l21&WtfG F lis
Description ofAbove Item Description of Above Item
Item No Percent of Item Dollar Amount Item No Percent of Item Dollar Amount
iG t
Description of Above Item Description of Above Item
CAUTION?
FAILURE TO FILL OUT THIS FORM COMPLETELY,ACCURATELY AND
LEGIBLY WILL CAUSE YOUR BID TO BE CONSIDERED NON-RESPONSIVE
B-4
City of Atascadero
CalPortland Construction
EXHIBIT C
Items Provided by City
None.
C-1
G
City of Atascadero
CalPortland Construction
EXHIBIT D
Location Schedule
ALL.
.a
(¢.
PROJECT LOCAT10N
y o�
fi
Atascadero, California
San Luis Obispo County
D-1
i
s
City of Atascadero _
CalPortland Construction
EXHIBIT E
Insurance Requirements
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
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
-- - — I (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:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply
separately to this project/location or-the general-aggregate
limit shall be twice the required occurrence limit.
2. Automobile Liability $1,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-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.
E-1
City of Atascadero _
CalPortland Construction
Other Insurance Provisions
The general liability and automobile policies are to contain, or be endorsed to contain, the
following provisions:
I. The City, its officers, officials, employees and volunteers are to be covered as insureds
with respect to liability arising out of automobiles owned, leased, hired or borrowed on
behalf of the contractor; and with respect toliability arising out of work or operations
performed by on on behalf of the Contractor including materials, parts or equipment
furnished in connection with such work or operations. General liability coverage can
be provided in the form of an endorsement to the Contractor's insurance or as a separate
owner's policy (CG 20 10 11 85)
2. For any claims related to this project, the Contractor's insurance coverage shall be
primary-insurance as respects the City, its officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
3. Each'insurance policy required by this clause shall be endorsed to state that coverage
shall not be canceled by either party, except after thirty (30) days' prior written notice
- by certified mail, return receipt requested,has been given to the City.
4. Coverage shall not extend to any indeininity coverage for the active negligence of the
additional insured in any case where an agreement to_indemnify the additional insured
would be invalid under Subdivision(b) of Section 2782 of the Civil Code.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A-M. Best's rating of no less than ANII.
Additional Insured
The City of Atascadero will to be added to the policy as Additional Insured by endorsement,
adding the City's name to the Certificate of Insurance is not sufficient and will not be accepted.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on forms provided by
the City or on other than the City's forms, provided those endorsements or policies conform to
the requirements. All certificates and endorsements are to be received and approved by the City
before work commences. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these
specifications at any time.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
E-2
EXHIBIT F
DBE/MBE Commitment
BID SUBMITTAL FORM#15 OF 20
Los Angeles,CA Region
Non-SMSA Counties-Mono and San Luis Obispo County
MRE/WBE BID DOCUMENT LANGUAGE FOR
MINORITY/WOMEN'S-BUSINESS ENTERPRISE CONSTRUCTION PROJECTS
(a) It is the policy of the City of Atascadero to take positive steps to maximize the utilization of
minority and women's business enterprises in all contract activity administered by the County of
San Luis Obispo.
(b) The contractor will utilize his best efforts to carry out this policy In the award of his subcontracts
to the fullest extent consistent with the efficient performance of this contract As used in this
contract,the term "minority or women's business enterprise" means a business,at least 50% of
which is owned by minority group members or women or, in the case of publicly-owned
businesses,at least 51% of the stock is owned by minority group members or women. For the
purpose of this definition, minority group members are Black, Hispanics, Asians, Native
Americans,Alaskans or Pacific Islanders.
{c)._.. The contractor will submit the following statement as part of his/her sealed bid:
I have taken affirmative action- to seek out and consider minority and women's business
- enterprises for the portions of work to be subcontracted.Such actions are fully documented in
my records and available upon request.Results areas follows;
Name and Address of Minority/
Women's.Firms Contractor Dollar Value of
Anticipates Utilizine* Category of Work Participation
00
,S II d� A In l W. � -7,01A0-
310 �
CA 301112 `
CWbw+an Usiy�¢Is q�,�r
Total Bid MP016161-00 Total Subcontract Amount 61q d. ao
Minority/Women's Enterprise Total of Subcontract Amount 5 712H0.
*Indicate whether business is owned by a minority ora woman.
MBE/WBE Verified on California Department of Transportion website at www.dot.ca.gov
F-'1
EXHIBIT G
Form FHWA-1273
FHWA-1273-- Revised May 1,2012 include roadways functionally classified as local roads or rural
REQUIRED CONTRACT PROVISIONS minor collectors.
FEDERAL-AID CONSTRUCTION CONTRACTS
It. NONDISCRIMINATION
I. General
]I. Nondiscrimination The provisions of this section related to 23 CFR Part 230 are
Ill. Nonsegregated Facilities applicable to all Federal-aid construction contracts and to all
IV. Davis-Bacon and Related Act Provisions related construction subcontracts of$10,000 or more. The
V. Contract Work Hours and Safety Standards Act Provisions provisions of 23 CFR Part 230 are not applicable to material
VI. Subletting or Assigning the Contract supply,engineering,or architectural service contracts.
VII. Safety:Accident Prevention
VIII. False Statements Concerning Highway Projects In addition,the contractor and all subcontractors must comply
IX. Implementation of Clean Air Act and Federal Water with the following policies:Executive Order 11246,41 CFR 60,29
Pollution Control Act CFR 1625-1627,Title 23 USC Section 140,the Rehabilitation Act
X. Compliance with Governmentwide Suspension and of 1973,as amended(29 USC 794),Title VI of the Civil Rights Act
Debarment Requirements of 1964,as amended,and related regulations including 49 CFR
Xl. Certification Regarding Use of Contract Funds for Lobbying Parts 21,26 and 27;and 23 CFR Parts 200,230, and 633.
ATTACHMENTS The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
A.Employment and Materials Preference for Appalachian 1.4(b)and,for all construction contracts exceeding$10,000,the
Development Highway-System or Appalachian Local Access Standard Federal Equal Employment Opportunity Construction
Road Contracts(included in Appalachian contracts only) Contract Specifications in 41 CFR 60-4.3.
I. GENERAL Note:The U.S.Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
1. Form FHWA-1273 must be physically incorporated in each policies of the Secretary of Labor including 41 CFR 60,and 29
construction contract fundetl under Title 23(excluding emergency CFR 1625-1627. The contracting agency and the FHWA have
contracts solely intended for debris removal). The contractor(or the authority and the responsibility to ensure compliance with Title
subcontractor)must insert this form in each subcontract and 23 USC Section 140,the Rehabilitation Act of 1973,as amended
further require its inclusion in all lower tier subcontracts(excluding (29 USC 794),and Title VI of the Civil Rights Act of 1964,as
purchase orders,rental agreements and other agreements for amended,and related regulations including 49 CFR Parts 21,26
supplies or services). and 27;and 23 CFR Parts 200,230,and 633.
The applicable requirements of Form FHWA-1273 are The following provision is adopted from 23 CFR 230,Appendix A,
incorporated by reference for work done under any purchase with appropriate revisions to conform to the U.S.Department of
order,rental agreement or agreement for other services. The Labor(US DOL)and FHWA requirements.
prime contractor shall be responsible for compliance by any
subcontractor,lower-tier subcontractor or service provider. 1.Equal Employment Opportunity:Equal employment
opportunity(EEO)requirements not to discriminate and to take
Form FHWA-1273 must be included in all Federal-aid design- affirmative action to assure equal opportunity as set forth under
build contracts,in all subcontracts and in lower tier subcontracts laws,executive orders,rules,regulations(28 CFR 35,29 CFR
(excluding subcontracts for design services,purchase orders, 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27)and orders
rental agreements and other agreements for supplies or services). of the Secretary of Labor as modified by the provisions prescribed
The design-builder shall be responsible for compliance by any herein,and imposed pursuant to 23 U.S.C.140 shall constitute
subcontractor,lower-tier subcontractor or service provider. the EEO and specific affirmative action standards for the
contractor's project activities under this contract.The provisions of
Contracting agencies may reference Form FHWA-1273 in bid the Americans with Disabilities Act of 1990(42 U.S.C. 12101 et
proposal or request for proposal documents,however,the Form seq.)set forth under 28 CFR 35 and 29 CFR 1630 are
FHWA-1273 must be physically incorporated(not referenced)in incorporated by reference in this contract,In the execution of this
all contracts,subcontracts and lower-tier subcontracts(excluding contract,the contractor agrees to comply with the following
purchase orders,rental agreements and other agreements for minimum specific requirement activities of EEO:
supplies or services related to a construction contract).
a.The contractor will work with the contracting agency and the
2, Subject to the applicability criteria noted in the following Federal Government to ensure that it has made every good faith
sections,these contract provisions shall apply to all work effort to provide equal opportunity with respect to all of its terms
performed on the contract by the contractors own organization and conditions of employment and in their review of activities
and with the assistance of workers under the contractor's under the contract.
immediate superintendence and to all work performed on the
contract by piecework,station work,or by subcontract. following
The contractor will accept as its operating policy the
wing statement:
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for "It is the policy of this Company to assure that applicants are
withholding of progress payments,withholding of final payment, employed,and that employees are treated during employment,
termination of the contract,suspension/debarment or any other without regard to their race,religion,sex,color, national origin,
action determined to be appropriate by the contracting agency age or disability. Such action shall include:employment,
and FHWA. upgrading,demotion,or transfer, recruitment or recruitment
advertising;layoff or termination; rates of pay or other forms of
4. Selection of Labor:During the performance of this contract,the compensation;and selection for training,including
contractor shall not use convict labor for any purpose within the apprenticeship,pre-apprenticeship,and/or on-the-job training"
limits of a construction project on a Federal-aid highway unless it 2 EEO Officer:The contractor will designate and make known
is labor performed by convicts who are on parole,supervised
release,or probation. The term Federal-aid highway does not to the contracting officers an EEO Officer who will have the
G-1
responsibility for and must be capable of effectively administering a. The contractor will conduct periodic inspections of project
and promoting an active EEO program and who must be assigned sites to insure that working conditions and employee facilities do
adequate authority and responsibility to do so. not indicate discriminatory treatment of project site personnel.
3. Dissemination of Policy:All members of the contractor's staff b. The contractor will periodically evaluate the spread of wages
who are authorized to hire,supervise,promote,and discharge paid within each classification to determine any evidence of
employees,or who recommend such action,or who are discriminatory wage practices.
substantially involved in such action,will be made fully cognizant
of,and will implement,the contractor's EEO policy and c. The contractor will periodically review selected personnel
contractual responsibilities to provide EEO in each grade and actions in depth to determine whether there is evidence of
classification of employment. To ensure that the above discrimination. Where evidence is found,the contractor will
agreement will be met,the following actions will be taken as a promptly take corrective action. If the review indicates that the
minimum: discrimination may extend beyond the actions reviewed,such
corrective action shall include all affected persons.
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then not d. The contractor will promptly investigate all complaints of
less often than once every six months,at which time the alleged discrimination made to the contractor in connection with
contractor's EEO policy and its implementation will be reviewed its obligations under this contract,will attempt to resolve such
and explained. The meetings will be conducted by the EEO complaints,and will take appropriate corrective action within a
Officer. reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
b. All new supervisory or personnel office employees will be such corrective action shall include such other persons. Upon
given a thorough indoctrination by the EEO Officer,covering-all _ _ completion of each investigation,the contractor will inform every
major aspects of the contractors EEO obligations within thirty complainant of all of their avenues of appeal.
days following their reporting for duty with the contractor.
6.Training and Promotion:
c. All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's a. The contractor will assist in locating,qualifying,and
procedures for locating and hiring minorities and women. increasing the skills of minorities and women who are applicants
for employment or current employees. Such efforts should be
d. Notices and posters setting-forth-the contractor's EEO policy aimed at developing full journey level status employees in the
will be placed in areas readily accessible to employees, type of trade or job classification involved.
applicants for employment and potential employees.
b. Consistent with the contractor's work force requirements and
e, The contractor's EEO policy and the procedures to as permissible under Federal and State regulations,the
implement such policy will be brought to the attention of contractor shall make full use of training programs,i.e.,
employees by means of meetings,employee handbooks,or other apprenticeship,and on-the-job training programs for the
appropriate means. geographical area of contract performance. In the event a special
provision for training is provided under this contract,this
4.Recruitment:When advertising for employees,the contractor subparagraph will be superseded as indicated in the special
will include in all advertisements for employees the notation:"An provision. The contracting agency may reserve training positions
Equal Opportunity Employer." All such advertisements will be for persons who receive welfare assistance in accordance with 23
placed in publications having a large circulation among minorities U.S.C. 140(a).
and women in the area from which the project work force would
normally be derived. c. The contractor will advise employees and applicants for
employment of available training programs and entrance
a. The contractor will,unless precluded by a valid bargaining requirements for each.
agreement,conduct systematic and direct recruitment through
public and private employee referral sources likely to yield d,The-contractor wilL_periodically review the training and
qualified minorities and women. To meet this requirement,the promotion potential of employees who are minorities and women
contractor will identify sources of potential minority group and will encourage eligible employees to apply for such training
employees,and establish with such identified sources procedures and promotion.
whereby minority and women applicants may be referred to the
contractor for employment consideration. 7.Unions:If the contractor relies in whole or in part upon unions
as a source of employees,the contractor will use good faith
b. In the event the contractor has a valid bargaining agreement efforts to obtain the cooperation of such unions to increase
providing for exclusive hiring hall referrals,the contractor is opportunities for minorities and women. Actions by the
expected to observe the provisions of that agreement to the contractor,either directly or through a contractor's association
extent that the system meets the contractor's compliance with acting as agent,will include the procedures set forth below:
EEO contract provisions. Where implementation of such an
agreement has the effect of discriminating against minorities or a. The contractor will use good faith efforts to develop,in
women,or obligates the contractor to do the same,such cooperation with the unions,joint training programs aimed toward
implementation violates Federal nondiscrimination provisions. qualifying more minorities and women for membership in the
unions and increasing the skills of minorities and women so that
c. The contractor will encourage its present employees to refer they may qualify for higher paying employment.
minorities and women as applicants for employment. Information
and procedures with regard to referring such applicants will be b. The contractor will use good faith efforts to incorporate an
discussed with employees. EEO clause into each union agreement to the end that such union
will be contractually bound to refer applicants without regard to
5.Personnel Actions:Wages,working conditions,and employee their race,color,religion,sex,national origin,age or disability.
benefits shall be established and administered,and personnel
actions of every type,including hiring,upgrading,promotion,
transfer,demotion,layoff,and termination,shall be taken without
regard to race,color,religion,sex,national origin,age or
disability. The following procedures shall be followed:
G-2
c. The contractor is to obtain information as to the referral (1)The number and work hours of minority and non-minority
practices and policies of the labor union except that to the extent group members and women employed in each work classification
such information is within the exclusive possession of the labor on the project;
union and such labor union refuses to furnish such information to
the contractor,the contractor shall so certify to the contracting (2)The progress and efforts being made in cooperation with
agency and shall set forth what efforts have been made to obtain unions,when applicable,to increase employment opportunities
such information, for minorities and women;and
d. In the event the union is unable to provide the contractor (3)The progress and efforts being made in locating,hiring,
with a reasonable flow of referrals within the time limit set forth in training,qualifying,and upgrading minorities and women;
the collective bargaining agreement,the contractor will,through
independent recruitment efforts,fill the employment vacancies b. The contractors and subcontractors will submit an annual
without regard to race,color,religion,sex,national origin,age or report to the contracting agency each July for the duration of the
disability;making full efforts to obtain qualified and/or qualifiable project,indicating the number of minority,women, and non-
minorities and women. The failure of a union to provide sufficient minority group employees currently engaged in each work
referrals(even though it is obligated to provide exclusive referrals classification required by the contract work. This information is to
under the terms of a collective bargaining agreement)does not be reported on Form FMA-1391. The staffing data should
relieve the contractor from the requirements of this paragraph. In represent the project work force on board in all or any part of the
the event the union referral practice prevents the contractor from last payroll period preceding the end of July. if on-the-job training
meeting the obligations pursuant to Executive Order 11246,as is being required by special provision,the contractor will be
amended,and these special provisions,such contractor shall required to collect and report training data. The employment data
immediately notify the contracting agency. should reflect the work force on board during all or any part of the
last payroll period preceding the end of July.
8. Reasonable Accommodation for Applicants!Employees
with Disabilities: The contractor must be familiarwith the III.NONSEGREGATED FACILITIES
requirements for and comply with the Americans with Disabilities
Act and all rules and regulations established there under. This provision is applicable to all Federal-aid construction
Employers must provide reasonable accommodation in all
employment activities unless to do so would cause an undue contracts and to all related conslrucfion subcontracts of$10,000
hardship. or more.
9.Selection of Subcontractors,Procurement of Materials and The contractor must ensure that facilities provided for-employees
Leasing of Equipment:The contractor shall not discriminate on are provided in such a manner that segregation on the basis of
the grounds of race,color,religion,sex,national origin,age or race,color,religion,sex,or national origin cannot result. The
disability in the selection and retention of subcontractors, contractor may neither require such segregated use by written or .
including procurement of materials and leases of equipment. The oral policies nor tolerate such use by employee cusiom. The
contractor shall take all necessary and reasonable steps to contractor's obligation extends further to ensure that its
ensure nondiscrimination in the administration of this contract. employees are not assigned to perform their services at any
location,under the contractor's control,where the facilities are
a:The contractor shall notify all potential subcontractors and segregated. The term"facilities"includes waiting rooms,work
suppliers and lessors of their EEO obligations under this contract. areas, restaurants and other eating areas,time clocks,restrooms,
washrooms,locker rooms,and other storage or dressing areas,
b. The contractor will use good faith efforts to ensure parking lots,drinking fountains, recreation or entertainment areas,
subcontractor compliance with their EEO obligations. transportation,and housing provided for employees. The
contractor shall provide separate or single-user restrooms and
necessary dressing or sleeping areas to assure privacy between
10. Assurance Required by 49 CFR 26.13(b): sexes.
a. The requirements-of-49 CFR Part-26 and the State IV. DAVIS-BACON AND RELATED ACT
DOT's U.S.DOT-approved DBE program are incorporated by PROVISIONS
reference.
b. The contractor or subcontractor shall not This section is applicable to all Federal-aid construction projects
discriminate on the basis of race,color,national origin,or sex in exceeding$2,000 and to all related subcontracts and lower-tier
the performance of this contract The contractor shall carry out subcontracts(regardless of subcontract size). The requirements
applicable requirements of 49 CFR Part 26 in the award and apply to all projects located within the right-of-way of a roadway
administration of DOT-assisted contracts. Failure by the that is functionally classified as Federal-aid highway. This
contractor to carry out these requirements is a material breach of excludes roadways functionally classified as local roads or rural
this contract,which may result in the termination of this contract minor collectors,which are exempt. Contracting agencies may
or such other remedy as the contracting agency deems elect to apply these requirements to other projects.
appropriate.
11.Records and Reports:The contractor shall keep such The following provisions are from the U.S,Department of Labor
records as necessary to document compliance with the EEO regulations in 29 CFR 5.5"Contract provisions and related
requirements. Such records shall be retained for a period of three matters"with minor revisions to conform to the FHWA-1273
years following the dale of the final payment to the contractor for format and FHVVA program requirements.
all contract work and shall be available at reasonable times and
places for inspection by authorized representatives of the 1. Minimum wages
contracting agency and the FHWA.
a. The records kept by the contractor shall document the a. All laborers and mechanics employed or working upon the
following: site of the work,will be paid unconditionally and not less often
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than once a week,and without subsequent deduction or rebate classification and wage rate(including the amount designated
on any account(except such payroll deductions as are permitted for fringe benefits,where appropriate),the contracting officer
by regulations issued by the Secretary of Labor under the shall refer the questions,including the views of all interested
Copeland Act(29 CFR part 3)),the full amount of wages and parties and the recommendation of the contracting officer,to the
bona fide fringe benefits(or cash equivalents thereof)due at time Wage and Hour Administrator for determination.The Wage and
of payment computed at rates not less than those contained in the Hour Administrator,or an authorized representative,will issue a
wage determination of the Secretary of Labor which is attached determination within 30 days of receipt and so advise the
hereto and made a part hereof, regardless of any contractual contracting officer or will notify the contracting officer within the
relationship which may be alleged to exist between the contractor 30-day period that additional time is necessary.
and such laborers and mechanics.
(4)The wage rate(including fringe benefits where
Contributions made or costs reasonably anticipated for bona fide appropriate)determined pursuant to paragraphs 1.b.(2)or
fringe benefits under section t(b)(2)of the Davis-Bacon Act on 1.b.(3)of this section,shall be paid to all workers performing
behalf of laborers or mechanics are considered wages paid to work in the classification under this contract from the first day
such laborers or mechanics,subject to the provisions of on which work is performed in the classification.
paragraph 1.d.of this section;also,regular contributions made or
costs incurred for more than a weekly period(but not less often c.Whenever the minimum wage rate prescribed in the contract
than quarterly)under plans,funds,or programs which cover the for a class of laborers or mechanics includes a fringe benefit
particular weekly period, are deemed to be constructively made or which is not expressed as an hourly rate,the contractor shall
incurred during such weekly period.Such laborers and mechanics either pay the benefit as stated in the wage determination or shall
shall be paid the appropriate wage rate and fringe benefits on the pay another bona fide fringe benefit or an hourly cash equivalent
wage determination for the classification of work actually
performed,without regard to skill,except as provided in 29 CFR thereof.
5.5(x)(4)" Laborers or mechanics performing work in more than
one classification may be compensated at the rale specified for d. If the contractor does not make payments to a trustee or
each classification for the time actually worked therein:Provided, other third person,the contractor may consider as part of the
That the employer's payroll records accurately set forth the time wages of any laborer or mechanic the amount of any costs -
" spent in each classification in which work is performed.The wage reasonably anticipated in providing bona fide fringe benefits under
determination(including any additional classification and wage a plan or program,Provided,That the Secretary of Labor has -
rates conformed under paragraph 1.b.of this section)and the found, upon the written request of the contractor, that the
Davis-Bacon poster(WH--1321)shall be posted at all times by the applicable standards of the Davis-Bacon Act have been met.The
contractor and its subcontractors at the site of the work in a Secretary of Labor may require the contractor to set aside in a- -
prominent and accessible place where it can be easily seen by separate account assets for the meeting of obligations under the
the workers. plan or program.
b. (1)The contracting officer shall require that any class of 2. Withholding
laborers or mechanics,including helpers,which is not listed in the
wage determination and which is to be employed under the
contract shall be classified in conformance with the wage The contracting agency shall upon its own action or upon written.
request of an authorized representative of the Department
determination.The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefore only Labor,withhold or cause to be withheld from the contractor under
when the following criteria have been met: this contract,or any other Federal contract with the same prime
contractor,or any other federally-assisted contract subject to
Davis-Bacon prevailing wage requirements,which is held by the
(i)The work to be performed by the classification requested same prime contractor,so much of the accrued payments"or
is not performed by a classification in the wage determination; advances as may be considered necessary to pay laborers and
and mechanics,including apprentices,trainees,and helpers,
employed by the contractor or any subcontractor the full amount
(ii)The classification is utilized in the area by the of wages required by the contract. In the event of failure to pay
construction industry;and any laborer or mechanic,including any apprentice,trainee,or
helper,employed or working on the site of the work,all or part of
the wages required by the contract,the contracting agency may,
(iii)The proposed wage rate,including any bona fide fringe after written notice to the contractor,take such action as may be
benefits,bears a reasonable relationship to the wage rates necessary to cause the suspension of any further payment,
contained in the wage determination. advance,or guarantee of funds until such violations have ceased.
(2)If the contractor and the laborers and mechanics to be 3. Payrolls and basic records
employed in the classification(if known),or their
representatives,and the contracting officer agree on the a. Payrolls and basic records relating thereto shall be
classification and wage rate(including the amount designated maintained by the contractor during the course of the work and
for fringe benefits where appropriate),a report of the action preserved for a period of three years thereafter for all laborers
taken shall be sent by the contracting officer to the and mechanics working at the site of the work.Such records shall
Administrator of the Wage and Hour Division,Employment contain the name,address,and social security number of each
Standards Administration, U.S.Department of Labor, such worker, his or her correct classification,hourly rates of
Washington,DC 20210.The Administrator,or an authorized wages paid(including rates of contributions or costs anticipated
representative,will approve,modify,or disapprove every for bona fide fringe benefits or cash equivalents thereof of the
additional classification action within 30 days of receipt and so types described in section 1(b)(2)(B)of the Davis-Bacon Act), .
advise the contracting officer or will notify the contracting officer daily and weekly number of hours worked,deductions made and
within the 30-day period that additional time is necessary. actual wages paid.Whenever the Secretary of Labor has found
under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or
(3)In the event the contractor,the laborers or mechanics to mechanic include the amount of any costs reasonably anticipated
be employed in the classification or their representatives,and in providing benefits under a plan or program described in section
the contracting officer do not agree on the proposed 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain
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records which show that the commitment to provide such benefits prosecution under section 1001 of title 18 and section 231 of
is enforceable,that the plan or program is financially responsible, title 31 of the United States Code.
and that the plan or program has been communicated in writing to
the laborers or mechanics affected,and records which show the c.The contractor or subcontractor shall make the records
costs anticipated orthe actual cost incurred in providing such required under paragraph 3.a.of this section available for
benefits.Contractors employing apprentices or trainees under inspection,copying,or transcription by authorized representatives
approved programs shall maintain written evidence of the of the contracting agency,the State DOT,the FHWA, or the
registration of apprenticeship programs and certification of trainee Department of Labor,and shall permit such representatives to
programs,the registration of the apprentices and trainees,and interview employees during working hours on the job.If the
the ratios and wage rates prescribed in the applicable programs. contractor or subcontractor fails to submit the required records or
to make them available,the FHWA may,after written notice to the
b. (1)The contractor shall submit weekly for each week in contractor,the contracting agency or the State DOT,take such
which any contract work is performed a copy of all payrolls to the action as may be necessary to cause the suspension of any
contracting agency. The payrolls submitted shall set out further payment,advance,or guarantee of funds. Furthermore,
accurately and completely all of the information required to be failure to submit the required records upon request or to make
maintained under 29 CFR 5.5(a)(3)(i),except that full social such records available may be grounds for debarment action
security numbers and home addresses shall not be included on pursuant to 29 CFR 5.12_
weekly transmittals.Instead the payrolls shall only need to include
an individually identifying number for each employee(e.g.,the 4. Apprentices and trainees
last four digits of the employee's social security number).The
required weekly payroll information may be submitted in any form
desired.Optional Form WH-347 is available for this purpose from a.Apprentices(programs of the USDOL).
the Wage and Hour Division Web site at
http:l/www.dol.gov/esaAvhd/forrnsiwh347instr.htm or its successor Apprentices will be permitted to work at less than the
site.The prime contractor is responsible for the submission of predetermined rate for the work they performed when they are
copies of payrolls by all subcontractors.Contractors and employed pursuant to and individually registered in a bona fide
subcontractors shall maintain the full social security number and apprenticeship program registered with the U.S.Department of
current address of each covered worker,and shall provide them Labor,Employment and Training Administration,Office of
upon request to the contracting agency for transmission to the Apprenticeship Training,Employer-and Labor Services,or with a
State DOT,the FHWA or the Wage and Hour Division of the Sfate Apprenticeship Agency recognized by the Office,or if a
Department of Labor for purposes of an investigation or audit of person is employed in his or her first 90 days of probationary
compliance with prevailing wage requirements.It is not a violation employment as an apprentice in such an apprenticeship program,
of this section for a prime contractor to require a subcontractor to who is not individually registered in the program,but who has
provide addresses and social security numbers to the prime been certified by the Office of Apprenticeship Training,Employer
contractor for its own records,without weekly submission to the and Labor Services or a State Apprenticeship Agency(where
contracting agency.. appropriate)to be eligible for probationary employment as an
apprentice.
(2)Each payroll submitted shall be accompanied by a"Statement
of Compliance,"signed by the contractor or subcontractor or his
The allowable ratio of apprentices to journeymen an the job site
or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following; in any craft classification shall not be greater than the ratio j
permitted to the contractor as to the entire work force under the
registered program.Any worker listed on a payroll at an
(i)That the payroll for the payroll period contains the apprentice wage rate,who is not registered or otherwise
information required to be provided under§5.5(a)(3)(ii)of employed as stated above,shall be paid not less than the
Regulations,29 CFR part 5,the appropriate information is applicable wage rate on the wage determination for the
being maintained under§5.5(a)(3)(i)of Regulations,29 CFR classification of work actually performed.In addition,any
part 5, and that such information is correct and complete; apprentice performing work on the-job site in excess of the ratio
permitted under the registered program shall be paid not less than
(ii)That each laborer or mechanic(including each helper, the applicable wage rate on the wage determination for the work
apprentice,and trainee)employed on the contract during the actually performed.Where a contractor is performing construction
payroll period has been paid the full weekly wages earned, on a project in a locality other than that in which its program is
without rebate,either directly or indirectly,and that no registered,the ratios and wage rates(expressed in percentages
deductions have been made either directly or indirectly from of the journeyman's hourly rate)specified in the contractor's or
the full wages earned,other than permissible deductions as subcontractor's registered program shall be observed.
set forth in Regulations,29 CFR part 3;
Every apprentice must be paid at not less than the rate specified
(iii)That each laborer or mechanic has been paid not less in the registered program for the apprentice's level of progress,
than the applicable wage rates and fringe benefits or cash expressed as a percentage of the journeymen hourly rate
equivalents for the classification of work performed,as specified in the applicable wage determination.Apprentices shall
specified in the applicable wage determination incorporated be paid fringe benefits in accordance with the provisions of the
into the contract. apprenticeship program.If the apprenticeship program does not
specify fringe benefits,apprentices must be paid the full amount
of fringe benefits listed on the wage determination for the
(3)The weekly submission of a properly executed certification applicable classification.if the Administrator determines that a
set forth on the reverse side of Optional Form WH-347 shall different practice prevails for the applicable apprentice
satisfy the requirement for submission of the"Statement of classification,fringes shall be paid in accordance with that
Compliance"required by paragraph 3.b.(2)of this section. determination.
(4)The falsification of any of the above certifications may In the event the Office of Apprenticeship Training, Employer and
subject the contractor or subcontractor to civil or criminal Labor Services,or a State Apprenticeship Agency recognized by
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the Office,withdraws approval of an apprenticeship program,the compliance by any subcontractor or lower tier subcontractor with
contractor will no longer be permitted to utilize apprentices at less all the contract clauses in 29 CFR 5.5.
than the applicable predetermined rate for the work performed
until an acceptable program is approved. 7.Contract termination.,debarment. A breach of the contract
clauses in 29 CFR 5.5 may be grounds for termination of the
b.Trainees(programs of the USDOL). contract,and for debarment as a contractor and a subcontractor
as provided in 29 CFR 5.12.
Except as provided in 29 CFR 5.16,trainees will not be permitted
to work at less than the predetermined rate for the work 8.Compliance with Davis-Bacon and Related Act
performed unless they are employed pursuant to and individually requirements. All rulings and interpretations of the Davis-Bacon
registered in a program which has received prior approval, and Related Acts contained in 29 CFR parts 1,3,and 5 are
evidenced by formal certification by the U.S.Department of Labor, herein incorporated by reference in this contract.
Employment and Training Administration.
9.Disputes concerning labor standards.Disputes arising out of
The ratio of trainees to journeymen on the job site shall not be the labor standards provisions of this contract shall not be subject
greater than permitted under the plan approved by the to the general disputes clause of this contract.Such disputes shall
Employment and Training Administration, be resolved in accordance with the procedures of the Department
of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the
Every trainee must be paid at not less than the rate specified in meaning of this clause include disputes between the contractor
the approved program for the trainee's level of progress, (or any of its subcontractors)and the contracting agency,the U.S.
expressed as a percentage of thejourneyman-hourlyrate Department of Labor, or the employees or their representatives.
specified in the applicable wage determination.Trainees shall be
paid fringe benefits in accordance with the provisions of the 10.Certification of eligibility.
trainee program.If the trainee program does not mention fringe
benefits,trainees shall be paid the full amount of fringe benefits a.By entering into this contract the contractor certifies that
listed on the wage determination unless the Administrator of the neither it(nor he or she)nor any person or firm who has an
Wage and Hour Division determines that there is an interest in the contractor's firm is a person or fine ineligible to be
apprenticeship program associated with the corresponding awarded Government contracts by virtue of.section 3(a)of the
journeyman-wage rate on the wage determination which provides Davis-Bacon Actor 29 CFR 5.12(a)(1).
for less than full fringe benefits for apprentices.Any employee
listed on the payroll at.a trainee rate who is not registered and
participating in a training plan approved by the Employment and b.No part of this contract shall be subcontracted to any person or
Training Administration shall be paid not less than the applicable firm ineligible for award of a Government contract by virtue of
wage rate on the wage determination for the classification of work section 3(a)of the Davis-Bacon Act or 29 CFR-6.1 2(a)(1).
actually performed.In addition,any trainee performing work on
the job site in excess of the ratio permitted under the registered c.The penalty for making false statements is prescribed in the
program shall be paid not less than the applicable wage rate on U.S.Criminal Code, 18 U.S.C.1001.
the wage determination for the work actually performed.
In the event the Employment and Training Administration V. CONTRACT WORK HOURS AND SAFETY
withdraws approval of a training program,the contractor will no STANDARDS ACT
longer be permitted to utilize trainees at less than the applicable
predetermined rale for the work performed until an acceptable
program is approved. The following clauses apply to any Federal-aid construction
contract in an amount in excess of$100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
c.Equal employment opportunity.The utilization of apprentices; Standards Act.These clauses shall be inserted in addition to the
trainees and journeymen under this part shall be in conformity clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As used in this
with the equal employment opportunity requirements of Executive paragraph,the terms laborers and mechanics include watchmen
Order 11246,as amended,and 29 CFR part 30. and guards.
d. Apprentices and Trainees(programs of the U.S.DOT). 1.Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
Apprentices and trainees working under apprenticeship and skill involve the employment of laborers or mechanics shall require or
training programs which have been certified by the Secretary of permit any such laborer or mechanic in any workweek in which he
Transportation as promoting EEO in connection with Federal-aid or she is employed on such work to work in excess of forty hours
highway construction programs are not subject to the in such workweek unless such laborer or mechanic receives
requirements of paragraph 4 of this Section IV.The straight time compensation at a rate not less than one and one-half times the
hourly wage rates for apprentices and trainees under such basic rate of pay for all hours worked in excess of forty hours in
programs will be established by the particular programs.The ratio such workweek.
of apprentices and trainees to journeymen shall not be greater
than permitted by the terms of the particular program. 2.Violation;liability for unpaid wages;liquidated damages.
In the event of any violation of the clause set forth in paragraph
5.Compliance with Copeland Act requirements. The (1.)of this section,the contractor and any subcontractor
contractor shall comply with the requirements of 29 CFR part 3, responsible therefor shall be liable for the unpaid wages.In
which are incorporated by reference in this contract. addition,such contractor and subcontractor shall be liable to the
United States(in the case of work done under contract for the
6.Subcontracts. The contractor or subcontractor shall insert
Form FHWAA273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts.The prime contractor shall be responsible for the
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District of Columbia or a territory,to such District or to such b."Specialty Items"shall be construed to be limited to work that
territory),for liquidated damages.Such liquidated damages shall requires highly specialized knowledge, abilities,or equipment not
be computed with respect to each individual laborer or mechanic, ordinarily available in the type of contracting organizations
including watchmen and guards,employed in violation of the qualified and expected to bid or propose on the contract as a
clause set forth in paragraph(1.)of this section,in the sum of$10 whole and in general are to be limited to minor components of the
for each calendar day on which such individual was required or overall contract.
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the 2.The contract amount upon which the requirements set forth in
clause set forth in paragraph(1.)of this section. paragraph(1)of Section VI is computed includes the cost of
material and manufactured products which are to be purchased or
3.Withholding for unpaid wages and liquidated damages. produced by the contractor under the contract provisions.
The FHWA or the contacting agency shall upon its own action or 3.The contractor shall furnish(a)a competent superintendent or
upon written request of an authorized representative of the supervisor who is employed by the firm,has full authority to direct
Department of Labor withhold or cause to be withheld,from any performance of the work in accordance with the contract
moneys payable on account of work performed by the contractor requirements,and is in charge of all construction operations
or subcontractor under any such contract or any other Federal (regardless of who performs the work)and(b)such other of its
W
contract with the same prime contractor, any other federally- own organizational resources(supervision,management,and
assisted contract subject the Contract Work Hours and Safety engineering services)as the contracting officer determines is
Standards Act,which is held by the same prime contractor,such necessary to assure the performance of the contract. '
sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages 4.No portion of the contract shall be sublet, assigned or
and liquidated damages as provided in the clause set forth in otherwise disposed of except with the written consent of the
paragraph(2.)of this section, contracting officer,or authorized representative,and such
consent when given shall not be construed to relieve the
4.Subcontracts. The contractor or subcontractor shall insert in contractor of any responsibility for the fulfillment of the contract.
any subcontracts the clauses set forth in paragraph(1.)through Written consent will be given only after the contracting agency
(4.)of this section and also a clause requiring the subcontractors has assured that each subcontract is evidenced in writing and that
to include these clauses in any lower tier subcontracts.The prime it contains all pertinent provisions and requirements of the prime
contractor shall be responsible for compliance by any contract.
subcontractor or lower tier subcontractor with the clauses set forth
in paragraphs(1.)through(4.)of this section. 5.The 30%self-performance requirement of paragraph(1)is not
applicable to design-build contracts;however,contracting
agencies may establish their own self-performance requirements.
VI.SUBLETTING OR ASSIGNING THE CONTRACT--
This provision is applicable to all Federal-aid construction VII.SAFETY:ACCIDENT PREVENTION
contracts on the National Highway System.
This provision is applicable to all Federal-aid construction
1.The contractor shall perform with its own organization contract contracts and to all related subcontracts.
work amounting to not less than 30 percent(or a greater
percentage if specified elsewhere in the contract)of the total 1. In the performance of this contract the contractor shall comply
original contract price,excluding any specialty items designated with ail applicable Federal,State,and local laws governing safety,
by the contracting agency. Specialty items may be performed by health,and sanitation(23 CFR 635).The contractor sha[I provide
subcontract and the amount of any such specialty items all safeguards,safety devices and protective equipment and take
performed may be deducted from the total original contract price any other needed actions as it determines,or as the contracting
before computing the amount of work required to be performed by officer may determine,to be reasonably necessary to protect the
the contractor's own organization(23 CFR 635.116). life and health of employees on the job and the safety of the
public and to protect property in connection with the performance
a. The term"perform work with its own organization"refers to of the work covered by the contract.
workers employed or leased by the prime contractor,and
equipment owned or rented by the prime contractor,with or 2. It is a condition of this contract,and shall be made a condition
without operators. Such term does not include employees or of each subcontract,which the contractor enters into pursuant to
equipment of a subcontractor or lower tier subcontractor,agents this contract,that the contractor and any subcontractor shall not
of the prime contractor,or any other assignees. The term may permit any employee,in performance of the contract,to work in
include payments for the costs of hiring leased employees from surroundings or under conditions which are unsanitary,hazardous
an employee leasing firm meeting all relevant Federal and State or dangerous to his/her health or safety,as determined under
regulatory requirements. Leased employees may only be construction safety and health standards(29 CFR 1926)
included in this term if the prime contractor meets all of the promulgated by the Secretary of Labor,in accordance with
following conditions: Section 107 of the Contract Work Hours and Safety Standards
Act(40 U.S.C.3704).
(1)the prime contractor maintains control
over the supervision of the day-today activities of the leased 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract that
employees; the Secretary of Labor or authorized representative thereof,shall
(2)the prime contractor remains responsible for the quality of have right of entry to any site of contract performance to inspect
the work of the leased employees; or investigate the matter of compliance with the construction
(3)the prime contractor retains all power to safety and health standards and to carry out the duties of the
accept or exclude individual employees from work on the project; Secretary under Section 107 of the Contract Work Hours and
and Safety Standards Act(40 U.S.C.3704).
(4)the prime contractor remains ultimately responsible for the
payment of predetermined minimum wages,the submission of Vlll.FALSE STATEMENTS CONCERNING HIGHWAY
payrolls,statements of compliance and all other Federal PROJECTS
regulatory requirements.
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This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts. This provision is applicable to all Federal-aid construction
contracts,design-build contracts,subcontracts,lower-tier
subcontracts,purchase orders,lease agreements, consultant
In order to assure high quality and durable construction in contracts or any other covered transaction requiring FHWA
conformity with approved plans and specifications and a high approval or that is estimated to cost$25,000 or more— as
degree of reliability on statements and representations made by defined in 2 CFR Parts 180 and 1200.
engineers,contractors,suppliers,and workers on Federal-aid
highway projects,it is essential that all persons concerned with 1.Instructions for Certification—First Tier Participants:
the project perform their functions as carefully,thoroughly,and
honestly as possible. Willful falsification,distortion,or a.By signing and submitting this proposal,the prospective first
misrepresentation with respect to any facts related to the project tier participant is providing the certification set out below.
is a violation of Federal law, To prevent any misunderstanding
regarding the seriousness of these and similar acts,Form FHWA- b.The inability of a person to provide the certification set out
1022 shall be posted on each Federal-aid highway project(23 below will not necessarily result in denial of participation in this
CFR 635)in one or more places where it is readily available to all covered transaction.The prospective first tier participant shall
persons concerned with the project: submit an explanation of why it cannot provide the certification set
out below.The certification or explanation will be considered in
18 U.S.C.1020 reads as follows: connection with the department or agency's determination
whether to enter into this transaction. However,failure of the
prospective first tier participant to furnish a certification or an
'Whoever,being an officer,agent,or employee of the United explanation shall disqualify such a person from participation in
States,or of any State or Territory,or whoever,whether a person, this transaction.'
association,firm,or corporation,knowingly makes any false
statement,false representation,or false report as to the c.The certification in this clause is a material representation of
character,quality,quantity,or cost of the material used or to be fact upon which reliance was placed when the contracting agency
used,or the quantity or quality of the work performed or to be determined to enter into this transaction.If it is later determined
performed,or the cost thereof in connection with the submission that the prospective participant knowingly rendered an erroneous
of plans,maps,specifications,contracts,or costs of construction certification,in addition to other remedies available to the Federal
on any highway or related project submitted for approval to the Government,the contracting agency may terminate this
Secretary of Transportation;or transaction for cause of default.
Whoever knowingly makes any false statement,false d.The prospective first tier participant shall provide immediate
representation,false report or false claim with respect to the written notice to the contracting agency to whom this proposal is
character,quality,quantity,or cost of any work performed or to be submitted if any time the prospective first tier participant learns
performed,or materials furnished or to be furnished,in connection that its certification was erroneous when submitted or has
with the construction of any highway or related project approved become erroneous by reason of changed circumstances.
by the Secretary of Transportation;or
e.The terms"covered transaction,""debarred,""suspended,"
Whoever knowingly makes any false statement or false "ineligible,""participant,""person," "principal,"and"voluntarily
representation as to material fact in any statement,certificate,or excluded,"as used in this clause,are defined in 2 CFR Parts 180
report submitted pursuant to provisions of the Federal-aid Roads and 1200. "First Tier Covered Transactions"refers to any
Act approved July 1, 1916, (39 Stat.355),as amended and covered transaction between a grantee or subgrantee of Federal
supplemented; funds and a participant(such as the prime or general contract).
"Lower Tier Covered Transactions'refers to any covered
Shall be fined under this title or imprisoned not more than 5 transaction under a First Tier Covered Transaction (such as
years or both." subcontracts). "First Tier Participant"refers to the participant who
has entered into a covered transaction with a grantee or
IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL subgrantee of Federal funds(such as the prime or general
WATER POLLUTION CONTROL ACT contractor). "Lower Tier Participant"refers any participant who
has entered into a covered transaction with a First Tier Participant
or other Lower Tier Participants(such as subcontractors and
This provision is applicable to all Federal-aid construction suppliers).
contracts and to all related subcontracts.
f.The prospective first tier participant agrees by submitting this
By submission of this bid/proposal or the execution of this proposal that,should the proposed covered transaction be
contract,or subcontract,as appropriate,the bidder,proposer, entered into,it shall not knowingly enter into any lower tier
Federal-aid construction contractor,or subcontractor,as covered transaction with a person who is debarred,suspended,
appropriate,will be deemed to have stipulated as follows: declared ineligible,or voluntarily excluded from participation in
this covered transaction,unless authorized by the department or
1.That any person who is or will be utilized in the performance agency entering into this transaction.
of this contract is not prohibited from receiving an award due to a
violation of Section 508 of the Clean Water Act or Section 306 of g.The prospective first tier participant further agrees by
the Clean Air Act. submitting this proposal that it will include the clause titled
2.That the contractor agrees to include or cause to be included "Certification Regarding Debarment,Suspension,Ineligibility and
the requirements of paragraph(1)of this Section X in every Voluntary Exclusion-Lower Tier Covered Transactions,"provided
subcontract,and further agrees to take such action as the by the department or contracting agency,entering into this
contracting agency may direct as a means of enforcing such covered transaction,without modification,in all lower tier covered
requirements, transactions and in all solicitations for lower tier covered
transactions exceeding the$25,000 threshold.
X.CERTIFICATION REGARDING DEBARMENT,SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION p
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h.A participant in a covered transaction may rely upon a b.The certification in this clause is a material representation of
certification of a prospective participant in a lower tier covered fact upon which reliance was placed when this transaction was
transaction that is not debarred,suspended,ineligible,or entered into.If it is later determined that the prospective lower tier
voluntarily excluded from the covered transaction, unless it knows participant knowingly rendered an erroneous certification,in
that the certification is erroneous. A participant is responsible for addition to other remedies available to the Federal Government,
ensuring that its principals are not suspended,debarred,or the department,or agency with which this transaction originated
otherwise ineligible to participate in covered transactions. To may pursue available remedies, including suspension and/or
verify the eligibility of its principals,as well as the eligibility of any debarment.
lower tier prospective participants,each participant may, but is not
required to,check the Excluded Parties List System website c.The prospective lower tier participant shall provide
(https://www.ePIs.gov/?,which is compiled by the General immediate written notice to the person to which this proposal is
Services Administration. submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of changed
i. Nothing contained in the foregoing shall be construed to circumstances.
require the establishment of a system of records in order to
render in good faith the certification required by this clause.The d.The terms"covered transaction,""debarred,""suspended,"
knowledge and information of the prospective participant is not "ineligible,"'participant,""person,""principal,"and 'Voluntarily
required to exceed that which is normally possessed by a prudent excluded,"as used in this clause,are defined in 2 CFR Parts 180
person in the ordinary course of business dealings. and 1200. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
J.Except for transactions authorized under paragraph(f)of "First Tier Covered Transactions"refers to any covered
these instructions,if a participant in a covered transaction transaction between a grantee or subgrantee of Federal funds
knowingly enters into a lower tier covered transaction with a -and_a.participant(such as the prime or general contract). "Lower
person who is suspended,debarred,ineligible,or voluntarily Tier Covered Transactions"refers to any covered transaction
excluded from participation in this transaction,in addition to other under a First Tier Covered Transaction(such as subcontracts).
remedies available to the Federal Government,the department or "First Tier Participant"refers to the participant who has entered
agency may terminate this transaction for cause or default. into a covered transaction with a grantee or subgrantee of Federal
funds(such as the prime or general contractor). "Lower Tier
•••'• ParticipanP'refers any participant who has entered into a covered
transaction with a First Tier Participant or other Lower Tier
2. Certification Regarding Debarment,Suspension,-Ineligibility Participants(such as subcontractors and suppliers)_
and Voluntary Exclusion—First Tier Participants:
e.The prospective lower tier participant agrees by submitting
this proposal that,should the proposed covered transaction be
a. The prospective first tier participant certifies.to the best of its entered into,it shall not knowingly enter into any lower tier
knowledge and belief,that it and its principals: covered transaction with a person who is debarred, suspended,
declared ineligible,or voluntarily excluded from participation in
(1) Are not presently debarred,suspended,proposed for this covered transaction,unless authorized by the department or
debarment,declared ineligible,orvoluntarily excluded from agency with which this transaction originated.
participating in covered transactions by any Federal department
or agency; f.The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
(2) Have not within a three-year period preceding this "Certification Regarding Debarment,Suspension, Ineligibility and
proposal been convicted of or had a civil judgment rendered Voluntary Exclusion-Lower Tier Covered Transaction,"without
against them for commission of fraud or a criminal offense in modification,in all lower tier covered transactions and in all
connection with obtaining,attempting to obtain, or performing a solicitations for lower tier covered transactions exceeding the
public(Federal,State or local)transaction or contract under a $25,000 threshold.
public transaction;violation of Federal or State antitrust statutes
or commission of embezzlement,theft,forgery,bribery, g.A participant in a-covered transaction-may rely upon a
falsification or destruction of records,making false statements,or certification of a prospective participant in a lower tier covered
receiving stolen property; transaction that is not debarred,suspended,ineligible,or
(3) Are not presently indicted for or otherwise criminally or voluntarily excluded from the covered transaction,unless it knows
civilly charged by a governmental entity(Federal,State or local) that the certification is erroneous.A participant is responsible for
ensuring that its principals are not suspended,debarred,or
with commission of any of the offenses enumerated in paragraph
otherwise ineligible to participate in covered transactions. To
(a)(2)of this certification;and verify the eligibility of its principals,as well as the eligibility of any
(4) Have not within athree-year period preceding this lower tier prospective participants,each participant may,but is not
required to,check the Excluded Parties List System website
application/proposal had one or more public transactions (https://www.ep.1s.-qoyp,which is compiled by the General
(Federal,State or local)terminated for cause or default. Services Administration.
b. Where the prospective participant is unable to certify to any h.Nothing contained in the foregoing shall be construed to
of the statements in this certification,such prospective participant require establishment of a system of records in order to render in
shall attach an explanation to this proposal. good faith the certification required by this clause.The knowledge
and information of participant is not required to exceed that which
2.Instructions for Certification-Lower Tier Participants: is normally possessed by a prudent person in the ordinary course
(Applicable to all subcontracts,purchase orders and other lower of business dealings.
tier transactions requiring prior FHWA approval or estimated to i.Except for transactions authorized under paragraph a of
cost$25,000 or more-2 CFR Parts 180 and 1200) these instructions,if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
a.By signing and submitting this proposal,the prospective person who is suspended,debarred, ineligible,or voluntarily
lower tier is providing the certification set out below.
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excluded from participation in this transaction,in addition to other HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
remedies available to the Federal Government,the department or ROAD CONTRACTS
agency with which this transaction originated may pursue
available remedies,including suspension and/or debarment. This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1.During the performance of this contract,the contractor
Certification Regarding Debarment,Suspension,Ineligibility and undertaking to do work which is,or reasonably may be,done as
Voluntary Exclusion—Lower Tier Participants: on-site work,shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
1.The prospective lower tier participant certifies,by submission wherein the contract work is situated,or the subregion,or the
of this proposal,that neither it nor its principals is presently Appalachian counties of the State wherein the contract work is
debarred,suspended,proposed for debarment,declared situated,except:
ineligible,or voluntarily excluded from participating in covered
transactions by any Federal department or agency. a.To the extent that qualified persons regularly residing in the
area are not available.
2.Where the prospective lower tier participant is unable to certify
to any of the statements in this certification,such prospective b.For the reasonable needs of the contractor to employ
participant shall attach an explanation to this proposal. supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c.For the obligation of the contractor to offer employment to
XI.CERTIFICATION-REGARDING USE OF CONTRACT FUNDS present or former employees as the result of a lawful collective
FOR LOBBYING bargaining contract,provided that the number of nonresident
persons employed under this subparagraph(1c)shall not exceed
This provision is applicable to all Federal-aid construction 20 percent of the total number of employees employed by the
contracts and to all related subcontracts which exceed$100,000 contractor on the contract work,except as provided in
(49 CFR 20). subparagraph(4)below.
1.Ttie prospective participant certifies,by signing and submitting 2.The contractor shall place a job order with the State
this bid or proposal,to the best of his or her knowledge and belief, Employment Service indicating(a)the classifications of the
that: laborers,mechanics and other employees required to perform the
contract work,(b)the number of employees required in each
a.No Federal appropriated funds have been paid or will be classification, (c)the date on which the participant estimates such
paid,by or on behalf of the undersigned,to any person for employees will be required,and(d)any other pertinent
influencing or attempting to influence an officer or employee of 'information required by the State Employment Service to
any Federal agency,a Member of Congress,an officer or complete the job order form. The job order may be placed with
employee of Congress,or an employee of a Member of Congress the State Employment Service in writing or by telephone. If
in connection with the awarding of any Federal contract,the during the course of the contract work,the information submitted
making of any Federal grant,the making of any Federal loan,the by the contractor in the original job order is substantially modified, -
entering into of any cooperative agreement,and the extension, the participant shall promptly notify the State Employment
continuation,renewal,amendment,or modification of any Federal Service.
contract,grant,loan,or cooperative agreement. -
3.The contractor shall give full consideration to all qualified job
b.If any funds other than Federal appropriated funds have applicants referred to him by the State Employment Service. The
been paid or will be paid to any person for influencing or contractor is not required to grant employment to any job
attempting to influence an officer or employee of any Federal applicants who, in his opinion,are not qualified to perform the
agency,a Member of Congress,an officer or employee of classification of work required.
Congress,or an employee of a Memberof Congress in
connection with this Federal contract,grant,loan,or cooperative 4. If,within one week following the placing of a job order by the
agreement,the undersigned shall complete and submit Standard contractor with the State Employment Service,the State
Form-LLL,"Disclosure Form to Report Lobbying,"in accordance Employment Service is unable to refer any qualified job applicants
with its instructions. to the contractor,or less than the number requested,the State
Employment Service will forward a certificate to the contractor
2.This certification is a material representation of fact upon indicating the unavailability of applicants. Such certificate shall be
which reliance was placed when this transaction was made or made a part of the contractor's permanent project records. Upon
entered into. Submission of this certification is a prerequisite for receipt of this certificate,the contractor may employ persons who
making or entering into this transaction imposed by 31 U.S.C, do not normally reside in the labor area to fill positions covered by
1352. Any person who fails to file the required certification shall the certificate,notwithstanding the provisions of subparagraph
be subject to a civil penalty of not less than$10,000 and not more (1c)above.
than$100,000 for each such failure.
5. The provisions of 23 CFR 633.207(e)allow the
3.The prospective participant also agrees by submitting its bid contracting agency to provide a contractual preference for the use
or proposal that the participant shall require that the language of of mineral resource materials native to the Appalachian region.
this certification be included in all lower tier subcontracts,which
exceed$100,000 and that all such recipients shall certify and 6.The contractor shall include the provisions of Sections 1
disclose accordingly. through 4 of this Attachment A in every subcontract for work
which is,or reasonably may be,done as on-site work.
ATTACHMENT A-EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
G-10
EXHIBIT H
Federal Contract Provisions
In addition to provisions defining a sound and completed procurement contract, any recipient of
federal funds shall include the following:
1. Contracts other than small purchases shall contain administrative, contractual or legal
remedies in instances where contractors violate or breach contract terms, and provide for
such sanctions and penalties as may be appropriate.
2. All contracts in excess of $10,000 shall contain suitable provision for termination for cause
and for convenience by the grantee, including the manner by which it will be effected and
the basis for settlement. In addition, such contract shall describe conditions under which
the contract may be terminated for default as well as conditions where the contract may be
terminated because of circumstances beyond the control of the contractor(41 CFR Part 60-
1.4)
3. EQUAL EMPLOYMENT OPPORTUNITY
All contracts awarded in excess of $10,000 by grantees and their contractors or
subgrantees shall contain a provision requiring compliance with Executive Order 11246,
entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as
supplemented in Department of Labor regulations found at 41 CFR Part 60-1.4(b). See
Equal Opportunity Clause below for full language from.41 CFR Part 60-1.4(b).
4. DAVIS-BACON ACT
All construction contracts in excess of $2,000 must include a provision for compliance with
the Davis-Bacon Act (40 USC 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR, Part 5). See attached Federal Labor Standards Provisions form
(HUD-4010).
5. COPELAND "ANTI-KICKBACK" ACT
All contracts and subgrants for construction or repair shall include a provision for
compliance with the Copeland "Anti-Kickback" Act (18 _USC 874) as supplemented in
Department of Labor regulations (29 CFR, Part 3). See attached Federal Labor Standards
Provisions form (HUD-4010).
6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Where applicable, all contracts awarded by grantees and subgrantees in excess of $2,000
for construction contracts and in excess of$100,000 are required, pursuant to the Contract
Work Hours and Safety Standards Act, to pay employees one and one-half times their
basic rates of pay for all hours over 40 worked on covered contract work in a workweek.
Covered contractors and subcontractors are also required to apply employees weekly and
to submit weekly certified payroll records to the contracting agency. (40 USC 327-330) as
supplemented by the Department of Labor regulations (29 CFR, Part 5).
As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and
guards.
A. Overtime requirements: No contractor or subcontractor contracting for any part of the
contract work may require or involve the employment of laborers or mechanics shall
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require permit any such laborer or mechanic in any workweek in which he or she is
employed on such work or work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
B. Violation: liability for unpaid wages, liquidated damages. In the event of any violation of
the clause set forth in subparagraph (1) of this paragraph, the contractor and any
subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or. to such territory),
for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of
the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each
calendar day on which such individual was required or permitted to work, in excess of the
standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in subparagraph (1) of this paragraph.
C. Withholding for unpaid wages and liquidated damages: HUD or its designee shall upon
its own action or upon written request of an authorized representative of the Department of
Labor. withhold or cause to be_withheld, from any money payable on account of work
performed by the.contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor such sums as may be determined to be necessary
to satisfy any liabilities of such contractor or.subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in subparagraph (2) of this paragraph.
D. Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clause
set forth in subparagraph (1) through (4) of this paragraph and also a clue requiring the
subcontractor to include these clauses in any lower tier subcontract. The prime contractor
shall be responsible for compliance by a subcontractor or lower tier subcontractor with the
clauses set forth in subparagraphs (1) through (4) of this paragraph.
7. VIOLATIONS AND LIABILITY FOR UNPAID WAGES AND LIQUIDATED DAMAGES:
In the event of any violation of the requirements set forth in this document, the contractor
and any subcontractor responsible for the violation shall be liable to the affected-employee
for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to
the United States for liquidated damages.
8. The contract shall include notice of requirements and regulations pertaining to reporting
and patent rights respect to any discovery or invention which arises or is developed in the
course of or under such contract, and of grantor agency requirements and regulations
pertaining to copyrights and rights in data.
9. ACCESS TO RECORDS: 24 CFR 85.42-e
All negotiated contracts awarded by grantees shall include a provision to the effect the
County( Recipient/grantee), the Comptroller General of the United States, or any of their
duly authorized representatives, shall have access to any books, documents, papers, and
records of the contractor which are pertinent to that specific contract, for the purpose of
making audit, examination, excerpts, and transcriptions. The right of access in this section
must not be limited to the required retention but shall last as long as the records are
retained.
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10. RECORD RETENTION: 24 CFR 85.42
Grantees shall require contractors to maintain all required records for five years after the
County makes final payments and all other pending matters are closed.
Financial records, supporting documents, statistical records and all other records pertinent
to a grant shall be retained for a period of five years. If any litigation, claim, negotiation,
audit or other action is started before the expiration of the five-year period, the records shall
be retained until all litigations, claims or audit findings involving the records have been
resolved. The retention period starts from the date of the submission of the final
expenditure report or, from the date of the submission of the annual financial status report
covering the last expenditure of grant funds for that year.
11. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION
CONTROL ACT
(Applicable to all Federally assisted construction contracts and to all related subcontracts of
$100,000 or more.)
Contracts, subcontracts, and subgrants of amounts in excess of $100,000 shall contain a
provision which requires.compliance with all applicable standards, orders, or requirements
issued under Section 306 of the-Clean Air-Act-(42 USC 1857(h)), Section 508 of the Clean -
Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR, Part 15), which prohibit the use of non-exempt-Federal contracts,
grants, or loans of facilities included on the EPA List of Violating Facilities. The provision
shall require reporting of violations to the grant agency and to the USEPA Assistance
Administrator for Enforcement (EN-329).
By submission of this bid or the execution of this contract, or subcontract, as appropriate,
the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be
deemed to have stipulated as follows:
That any facility that is or will be utilized in the performance of this contract, unless such
contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq-, as
amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et sea., as amended by Pub.L. 92-500), Executive Order 11738,
and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract
award, on the U. S. Environmental Protection Agency (EPA) List of Violating Facilities
pursuant to 40 CFR 15.20.
That the firm agrees to comply and remain in compliance with all the requirements of
Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act
and all regulations and guidelines listed thereunder.
That the firm shall promptly notify the awarding agency of the receipt of any communication
from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be
utilized for the contract is under consideration to be listed on the EPA List of Violating
Facilities.
That the firm agrees to include or cause to be included the requirements of this Section in
every nonexempt subcontract, and further agrees to take such action as the government
may direct as a means of enforcing such requirements.
H-3
12. ENERGY POLICY AND CONSERVATION ACT (P.L. 94-163)
Contracts shall recognize 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.
13. CONFLICT OF INTEREST: 24 CFR 570.611
In the procurement of supplies, equipment, construction and/or services by recipients and
subrecipients, any conflict of interest is prohibited. No persons who exercise or have exercised
any functions or responsibilities with respect to CDBG activities assisted under this part or who are
in a position to participate in a decision making process or gain inside information with regard to
such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a
financial interest in any contract, subcontract, or agreement with respect to a CDBG-assisted
activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or
those with whom they have business or immediate family ties, during their tenure or for one year
thereafter.
14. CODE OF CONDUCT: 24 CFR 84.42
The recipient of CDBG grant funds shall maintain written standards of conduct governing the
performance of employees engaged in the award and administration of contracts stating that no
employee, officer, or agent shall participate in the selection, award, or administration of a contract
- supported by Federal funds if a real or apparent conflict of interest would_be.involved.
15. NONSEGREGATED FACILITIES:
Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or
more.
By the execution of this contract or subcontract, or the consummation of this material supply
agreement or purchase order, all parties certify that the firm does not maintain or provide for its
employees any segregated facilities at any of its establishments, and that the firm does not permit
its employees to perform their services at any location under its control, where segregated facilities
are maintained. The contractor agrees that a breach of this certification is a violation of the EEO
provisions of this contract. The contractor further certifies that no employee will be denied access
to adequate facilities on the basis of sex or disability.
As used in this certification, the term "segregated facilities" refers to facilities provided for
employees which are segregated by explicit directive, or on the basis of race, color, religion,
national origin, age or disability, because of habit, local custom, or otherwise. The only exception
will be for the disabled when the demands for accessibility override, (e.g. disabled parking).
The contractor agrees that it has obtained or will obtain identical certification from proposed
subcontractors or material suppliers prior to award of subcontracts or consummation of material
supply agreements of$10,000 or more and that it will retain such certifications in its files.
16. FALSIFICATION OF DOCUMENTS:
The falsification of any of the above certifications may subject the contractor to civil or criminal
prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
The contractor or subcontractor shall make the records required available for inspection, copying,
or transcription by authorized representatives of the awarding agency or the DOL, and shall permit
H-4
such representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, the awarding agency,
HUD or DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take
such actions as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records upon request or to make
such records available may be grounds of debarment action pursuant to 29 CRF 5.12.
17. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION PRIMARY COVERED TRANSACTIONS:
(Applicable to all Federal-aid contracts 49 CFR 29)
By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below.
The inability of a person to provide the certification set out below will not necessarily result in
denial of participation in this covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below. The certification or explanation
will be considered in connection with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective primary participant to furnish a certification.
or an explanation.shall disqualify such a person from participation in this transaction.
The certification in this clause is'a material representation of fact upon which reliance was placed
when the department or agency determined to enter into.this transaction. If it is later determined
that the prospective primary participant knowingly rendered an erroneous certification, in addition.
to other remedies available to the Federal Government, the department or agency may terminate
this transaction for cause or default.
The prospective primary participant shall provide immediate written notice to the department or
agency to which this proposal is submitted if any time the prospective primary participant learns
that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered
transaction", "participant", "person", "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the department
or agency to which this proposal is submitted for assistance in obtaining a copy of those
regulations.
The prospective primary participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency
entering into this transaction.
The prospective primary participant further agrees by submitting this proposal that it will include the
clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transaction," provided by the department or agency entering into this covered
transaction, without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions.
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A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the non-procurement portion of the "Lists of Parties
Excluded from Federal Procurement or Non-procurement Programs" (Non-procurement List) which
is compiled by the General Services Administration.
Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
If a participant in a covered transaction knowingly enters into a lower tier covered transaction with
a person who is suspended, debarred, ineligible,-or-voluntarily-excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the department or
agency may terminate this transaction for cause or default.
The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
Are not presently debarred, suspended, proposed for debarment, declared ineligible,_or voluntarily -
excluded from covered transactions by any Federal department or agency;
Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing-q-public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving
stolen property.
Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in this certification;
and
Have not within a 3-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
H-6
EXHIBIT I
Federal Wage Rates
General Decision Number: CA170019 06/02/2017 CA19
Superseded General Decision Number: CA20160019
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
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.20 for calendar year 2017 applies to all contracts
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after January
1, 2015. If this contract is covered by the E0, the contractor
must pay all workers in any classification listed on this wage.
determination at least $10.20 (or the applicable wage rate
listed on this wage determination, if it is higher) for all
hours spent- performing on the contract in calendar year 2017.
The EO minimum wage rate will be adjusted annually. Additional
'information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/06/2017
1 01/20/2017
2 01/27/2017
3 02/17/2017
4 03/10/2017
5 04/07/2017
6 04/21/2017
7 05/12/2017
8 05/26/2017
9 06/02/2017
ASBE0005-002 07/04/2016
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems) . . . . .$ 38.37 20.13
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
I
walls) . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 26.15 17.31
----------------------------------------------------------------
ASBE0005-004 07/04/2016
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) . . . .$ 18.38 10.82
----------------------------------------------------------------
BOIL0092-004 10/01/2012
Area within a 25 mile radius of City of. Santa Maria
Rates Fringes
BOILERMAKER. . . . . . . . . . . . . . . . . . . . . .$ 41.17 28.27
------------------------------------------------------------
BOIL0549-007 10/01/2016
Remainder of County outside a 25 mile radius of City of Santa
Maria
Rates Fringes
BOILERMAKER. . . . . . . . . . . . . . . . . . . . . .$ 39. 68 35.71
----------------------------------------------------------------
* BRCA0004-006 05/01/2017
Rates Fringes
BRICKLAYER; MARBLE SETTER. . . . . . . .$ 38.69 14.45
*The wage scale for prevailing wage projects performed in
Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine
Palms, Needles and 1-15 corridor (Barstow to the Nevada
State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate
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BRCA0018-008 06/01/2016
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MARBLE FINISHER. . . . . . . . . . . . . . . . . .$ 29.20 12.93
TILE FINISHER. . . . . . . . . . . . . . . . . . . .$ 24.53 4 .19
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BRCA0018-011 06/01/2016
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TILE LAYER. . . . . . . . . . . . . . . . . . . . . . .$ 35.89 16.24
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CARP0409-001 07/01/2016
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CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer. . . . . . . . . . . . . . . . . . .$ 39.83 17.03
(2) Millwright. . . . . . . . . . . . . .$ 40.90 17.03
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial) . . . . . . . . . . . . . . . .$ 40.53 17.03
(4) Pneumatic Nailer,
Power Stapler. . . . . . . . . . . . . . .$ 40.09 17.03
(5) Sawfiler. . . . . ... . . . . . . . .$ 39.83 17.03
(6) Scaffold Builder. . . . . . ..$ 31.60 17.03
(7) Table Power Saw
Operator. . . . . . . . . . . . . . . . . . . .$ 40.93 17.03
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) : $0.13 per hour additional.
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CARP0409-005 07/01/2015
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Drywall
DRYWALL INSTALLER/LATHER. . . .$ 40.40 15.03
STOCKER/SCRAPPER. . . . . . . . . . . .$ 10.00 7.17
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CARP0409-008 08/01/2010
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Modular Furniture Installer. . . . . .$ 17.00 7.41
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ELEC0639-001 01/01/2017
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Electricians
Wireman/Technician. . . . . . . . . .$ 41.00 20.01
FOOTNOTES:
CABLE SPLICER: 10% additional per hour above
Wireman/Technician basic hourly rate. I
i
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
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 consti-tute an hour at the bonus rate. Tunnel work:
to be paid .at the time and one-quarter hourly rate.
All employers may request workmen to report direct to a job
within a free zone to include everything west of ten (10)
miles east of Highway 101, as the crow flies, and then (10)
miles north and south of Highway 46, as the crow flies, to
the junction of Highway 41 and Highway 46. Everything
outside this area shall be paid at full subsistence provide
said job is of five (5) days duration or more and provide
there is storage on the job for the Employee's tools. The
Employer will be responsible for loss of tools under such
circumstances. (Road: The most direct route on a surfaced
road) .
On all jobs or projects outside the free zone, as stated
above, Employees may be required to report to the job site
in their own transportation at the regular starting time
and remain on the job site until the regular quitting time
and these shall be paid at fifty dollars ($50.00) per day
or fifty-one cents ($0.51) per mile for each road mile from
shop to job and job to shop (round trip) . (Day worked shall
mean at least four (4) hours on the job unless sent home on
account of weather, emergency, sickness, or injury) .
The Employer shall pay for traveling time and furnish
transportation from shop to job, job to job, and job to
shop. Travel time shall be at the appropriate rate of pay
for that day of the week. (Monday through Friday, straight
time, Saturday and Sunday, double time. )
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ELEC0639-003 12/26/2016
COMMUNICATIONS AND SYSTEMS WORK
SAN LUIS OBISPO COUNTY
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Communications System
Installer. . . . . . . . . . . . . . . . . . .$ 32.50 11.66
Technician. . . . . . . . . . . . . . . . . .$ 30.89 11.66
SCOPE OF WORK: Installation, testing, service and maintenance
of systems utilizing the transmission and/or transference
of voice, sound, vision and digital for commercial,
educational, security and entertainment purposes for the
following: TV monitoring and surveillance, background -
foreground music, intercom and telephone interconnect,
microwave transmission, multi-media, multiplex, nurse call
systems, radio page, burglar alarms and fire alarm (see
last paragraph below) .
Communication Systems that transmit or receive information
and/or control systems that are intrinsic to the above
listed systems; inclusion or exclusion of terminations and
testings of conductors determined by their function;
excluding all other data systems. or multiple systems which
include control function or power supply; excluding
installation of raceway systems, conduit systems, line
voltage work, and energy management systems.
Fire alarm work shall be performed at the current inside
electrician total cost package.
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ELEC1245-001 06/01/2015
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LINE CONSTRUCTION
(1) Lineman; Cable splicer. .$ 52.85 15.53
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below) , overhead &
underground distribution
line equipment) . . . . . . . . . . .$ 42.21 14.32
(3) Groundman. . . . . . . . . . . . . . .$ 32.28 14.03
(4) Powderman. . . . . . . . . . . . . . .$ 47.19 14.60
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
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ELEV0008-003 01/01/2017
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ELEVATOR MECHANIC. . . . . . . . . . . . . . . .$ 63.44 31 .585
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.
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ENGI0012-003 07/01/2016
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OPERATOR: Power Equipment
(All Other Work)
GROUP 1. . . . . . . . . . . . . . . . . . . .$ 39.95 23.35
- GROUP 2. . . ... . . . . . . . . . . . . . . .$ 40.73 23.35
GROUP 3. . . . . . . . . . . . . . . . . . . .$ 41 .02 23.35-
GROUP
3.35GROUP 4 . . . . . . . . . . . . . . . . . . . .$ 42.51 23.35
GROUP 5. . . . . . . . . . . . . . . . . . . .$- 41.86 23.35
GROUP 6. . . . . . . . . . . . . . . . . . . .$ 41.83 23.35
GROUP 8. . . . . . . . . . . . . . . . . . . .$ 42.84 23.35
GROUP 9. . . . . . . . . . . . . . . . . . .$ 42.19 23.35
GROUP 10. . . . . . . . . . . . . . . . . . . .$ 42.96 23.35
GROUP 11. . . . . . . . . . . . . . . . . . . .$ 42.31 23.35
GROUP 12. . . . . . . . . . . . . . . . . . . .$ 43.13 23.35
GROUP 13. .. . . . . . . . . . . . . . . . . .$ 43.23 23.35
GROUP 14. . . . . . . . . . . . . . . . . . . .$ 43.26 23.35
GROUP 15. . . . . . . . . . . . . . . . . . . .$ 43.34 23.35
GROUP 16. . . . . . . . . . . . . . . . . . . .$ 43.46 23.35
GROUP 17. . . . . . . . . . . . . . . . . . . .$ 43.63 23.35
GROUP 18. . . . . . . . . . . . . . . . . . . .$ 43.73 23.35
GROUP 19. . . . . . . . . . . . . . . . ... . .$ 43.84 23.35
GROUP 20. . . . . . . . . . . . . . . . . . . .$ 43. 96 23.35
GROUP 21. . . . . . . . . . . . . . . . . . . .$ 44.13 23.35
GROUP 22. . . . . . . . . . . . . . . . . . . .$ 44.23 23.35
GROUP 23. . . . . . . . . . . . . . . . . . . .$ 44 .34 23.35
GROUP 24. . . . . . . . . . . . . . . . . . . .$ 44 .46 23.35
GROUP 25. . . . . . . . . . . . . . . . . . . .$ 44 .63 23.35
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1. . . . . . . . . . . . . . . . . . . .$ 43.20 22.15
GROUP 2. . . . . . . . . . . . . . . . . . . .$ 43.98 22.15
GROUP 3. . . . . . . . . . . . . . . . . . . .$ 44.27 22.15
GROUP 4 . . . . . . . . . . . . . . . . . . . .$ 44 .41 22.15
GROUP 5. . . . . . . . . . . . . . . . . . . .$ 44.63 22.15
GROUP 6. . . . . . . . . . . . . . . . . . . .$ 44 .74 22.15
GROUP 7 . . . . . . . . . . . . . . . . . . . .$ 44.86 22.15
GROUP 8. . . . . . . . . . . . . . . . . . . .$ 45.03 22.15
GROUP 9. . . . . . . . . . . . . . . . . . . .$ 45.20 22.15
GROUP 10. . . . . . . . . . . . . . . . . . . .$ 46.20 22.15
GROUP 11. . . . . . . . . . . . . . . . . . . .$ 47.20 22.15
GROUP 12. . . . . . . . . . . . . . . . . . . .$ 48.20 22.15
GROUP 13. . . . . . . . . . . . . . . . . . . .$ 49.20 22.15
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1. . . . . . . . . . . . . . . . . . . .$ 41.80 23.35
GROUP 2. . . . . . . . . . . . . . . . . . . .$ 42.58 23.35
GROUP 3. . . . . . . . . . . . . . . . . . . .$ 42.87 23.35
GROUP 4. . . . . . . . . . . . . . . . . . . .$ 43.01 23.35
GROUP 5. . . . . . . . . . . . . . . . . . . .$ 43.23 23.35
GROUP 6. . . . . . . . . . . . . . . . . . . .$ 43.34 23.35
GROUP 7. . . . . . . . . . . . . . . . . . . .$ 43.46 23.35
PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator
work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base,
Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics
Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material
environment: $2-:00-per hour additional. Combination mixer
and compressor operator on gunite work shall be classified
as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch
Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant
operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant .operator (nurse tank operator) ;
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; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel) ; Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo
form setter operator; Power sweeper operator; Rock wheel
Saw/Trencher; Roller operator (compacting) ; Screed operator
(asphalt or concrete) ; Trenching machine operator (up to 6
ft.) ; Vacuum or much truck
GROUP 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
6.00 auger or similar types = drilling depth of 451 --
maximum) ;
5' =maximum) ; Drilling machine operator;-Hydrographic seeder
machine operator (straw, pulp or seed) , Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or
similar type; Machine tool operator;_ Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter(concrete or
asphalt) ; Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar) ; Micro tunnel system
(below ground) ; Pavement breaker operator (truck mounted) ;
Road oil mixing machine operator; Roller operator (asphalt
or finish) , rubber-tired earth moving equipment (single
engine, up to and including 25 yds. struck) ; Self-propelled
tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.) ; Slip form pump operator (power
driven hydraulic lifting device for concrete forms) ;
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 (I
drum) ; Ultra high pressure waterjet cutting tool system
operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing) ; Asphalt paving machine operator (Barber Greene
or similar type) ; Asphalt-rubber distribution operator;
Backhoe operator (up to and including 3/4 yd.) , small ford,
Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite
work) ; Compactor operator (self-propelled) ; Concrete mixer
operator (paving) ; Crushing plant operator; Drill Doctor;
Drilling machine operator, Bucket or auger types (Calweld
150 bucket or similar types - Watson 1500, 2000 2500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum) ; Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and
similar types) ; Mobark Chipper or similar; Ozzie padder or
similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (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
(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 1751 maximum) ; Hoe ram or similar
with compressor; Mass excavator operator less tha 750 cu.
yards; Mechanical finishing machine operator; Mobile form
traveler operator; Motor patrol operator (multi-engine) ;
Pipe mobile machine operator; Rubber-tired earth- moving
equipment operator (multiple engine, Euclid, Caterpillar
and similar type, over 50 cu. yds. struck) ; Rubber-tired
self- loading scraper operator (paddle-wheel-auger type
self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine,
up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator;
Remote- control earth-moving equipment operator (operating
a second piece of equipment: $1.00 per hour additional) ;
Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, Athey Wagon- and similar -types with any
and all attachments over 25 yds. and up to and including 50
yds. struck) ; Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
over 50 yds. struck) ; Rubber-tired earth-moving equipment
operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck) ;
Tandem tractor operator (operating crawler type tractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types) ;
Rubber-tired earth-moving equipment operator, operating in
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds.and up to and including 50
cu. yds. struck) ; Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and
similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck) ; Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50
yds. struck)
GROUP 21: Rubber-tired earth--moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck) '
GROUP 22: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system -
(single engine, Caterpillar, Euclid, -Athey wagon and
similar types with any and all attachments-over 25 yds. and
up-to and Including 50 yds. struck) ; Rubber-tired
earth-moving equipment operator, operating with the tandem
push-pull system (multiple engine, up to and including 25
yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck) ; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
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 G: Bridge crane operator; Cretor crane operator; Hoist
operator (Chicago boom and similar type) ; Lift mobile
operator; Lift slab machine operator (Vagtborg and similar
types) ; Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar
type) ; Shovel, backhoe, dragline, clamshell operator (over
3/4 yd. and up to 5 cu. yds. mrc) ; Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc) ; Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity) ; Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity) ; Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity) ; Shovel, backhoe, dragline,
clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including _
50 tons mrc) ;_ Derrickbarge 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) ;
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, R1E, SBM.
Continue S along west boundary of RIE, SMB to Riverside County
line at the SW corner of T1S, R1E, SBM. Continue E along south
boundary of T1s, SBM (Riverside County Line) to SW corner of
T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to
Imperial County line at the SW corner of TBS, R10E, SBM.
Continue W along Imperial and Riverside county line to NW
corner of T9S, R9E, SBM. Continue S along the boundary between
Imperial and San Diego Counties, along the west edge of R9E,
SBM to the south boundary of Imperial County/California state
line. Follow the California state line west to Arizona state
line, then north to Nevada state line, then continuing NW back
to start at the point which is the NW corner of Section 1,
T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO,
KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5
miles north of the community of Cholame, on_ the Monterey County
--and San Luis Obispo--County boundary -at the NO 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, MOM. 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.
$2.00 additional per hour for INYO and MONO Counties and the
Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the
California state line at the point which is the center of
Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the NE corner of the
Western half of the NW quarter of Section 2, TBS, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County,
until the intersection with Kern County at the point which is
the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the
intersection with San Bernardino County at that point which is
the SE corner of section 34, T24S, R40E, MDM. Continue E along
the Inyo and San Bernardino County boundary until the point
which is the NE corner of the Western half of the NW quarter of
Section 6, T25S, R42E, MDM. Continue S to that point which is
the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada
state border at the point which is the NW corner of Section 1,
T17N, R14E, San Bernardino Meridian. Then continue NW along
the state line to the .starting point, which is the center of
Section 18, T10N, _ R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
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ENGIO012-004 08/01/2015
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OPERATOR: Power Equipment
(DREDGING)
(1) Leverman. . . . . . . . . . . . . . . .$ 49.50 23.60
(2) Dredge dozer. . . . . . . . . . . .$ 43.53 23.60
(3) Deckmate. . . . . . . . . . . . . . . .$ 43.42 23. 60
(4) Winch operator (stern
winch on dredge) . . . . . . . . . . . .$ 42.87 23. 60
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand.. . . . . . . . . . . ... . . . . .$ 42.33 23.60
(6) Barge Mate. . . . . . . . . . . . . .$ 42.94 23. 60
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IRON0377-002 07/01/2016
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Ironworkers:
Fence Erector. . . . . . . . . . . . . . .$ 28.33 20.64
Ornamental, Reinforcing
and Structural. . . . . . . . . . . . . .$ 34.75 29.20
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center-Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
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LAB00220-001 07/04/2016
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LABORER (TUNNEL)
GROUP 1. . . . . . . . . . . . . . ... . . . . .$ 38.09. 19.07
GROUP 2. . . . . . . . . . . ... . . . . . . . .$ 38.41 19.07
GROUP 3. . . . . . . . . . . . . . . . . . .$ 38.87 19.07
GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 39.56 19.07
LABORER
GROUP 1. . . . . . . . . . . . . . . . . . .$ 32.34 19.07
GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 32.89 19.07
GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 33.44 19.07
GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 34.99 19.07
GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 35.34 19.07
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
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
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; Changehouse person; Dump
person; Dump person (outside) ; Swamper (brake person and
switch person on tunnel work) ; Tunnel materials handling
person; Nipper; Pot tender, using mastic or other materials
(for example, but not by way of limitation, shotcrete,
etc.) ;
GROUP 2: Bull gang mucker, track person; Chucktender,
Cabletender; Concrete crew, including rodder and spreader;
Loading and unloading agitator cars; 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
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work
----------------------------------------------------------------
LAB00220-004 07/01/2016
Elates Fringes
Brick Tender. . . . . . . . . . . . . . . . . . . . .$ 30.52 18.56
------------------------------------------------------------------
LAB00300-005 01/01/2017
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Asbestos Removal Laborer. . . . . . . . .$ 31.88 16.82
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.
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LAB00345-001 07/03/2016
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LABORER (GUNITE)
GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 37.89 20.50
GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 36.94 20.50
GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 33.40 20.50
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable
classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour
above the foregoing applicable classification rates, paid
on a portal-to-portal basis. Any work performed on, in or
above any smoke stack, silo, storage elevator or similar-
type of structure, when such structure is in excess of
75'-0" above base level and which work must be performed in
whole or in part more than 75'-0" above base level, that
work performed above the 75.'-0" level shall be compensated
for at 35 cents per hour above the applicable -
classification wage rate..- . = -
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
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LABO1184-001 07/04/2016
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Laborers: (HORIZONTAL
DIRECTIONA-E--DRILLING)
(1) Drilling Crew Laborer. . .$ 33.65 13.95
(2) Vehicle Operator/Hauler.$ 33.82 13.95
(3) Horizontal Directional
Drill Operator. . . . . . . . . . . . . .$ 35. 67 13.95
(4) Electronic Tracking
Locator. . . . . . . . . . . . . . . . . . . . .$ 37.67 13.95
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 34.86 17.03
GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 36.16 17.03
GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 38.17 17.03
GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 39.91 17.03
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
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LABO1414-001 08/03/2016
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LABORER
PLASTER CLEAN-UP LABORER. . . .$ 31.60 19.28
PLASTER TENDER. . . . . . . . . . . . . .$ 34.15 19.28
Work on a swing stage scaffold: $1.-00 per hour additional.
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PAIN0036-007 08/01/2016
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I
Painters:
(1) Repaint Including Lead
Abatement. . . . . . . . . . . . . . . . . . .$ 24.40 13.24
(2) High Iron & Steel. . . . . . .$ 30.70 12.83
(3) Journeyman Painter
including Lead Abatement. . . .$ 29.04 13.24
(4) Industrial. . . . . . . . . . . . . .$ 32.52 13.34
(5) All other work. . . . . . . . . .$ 29.04 13.24
REPAINT of any previously painted structure. Exceptions: work
involving the aerospace industry, breweries, commercial
recreational facilities, hotels which operate commercial
establishments as part of hotel service, and sports facilities.
HIGH IRON & STEEL:
Aerial towers, towers, radio towers, smoke stacks, flag poles
(any flag poles that can be finished from the ground with a
ladder excluded) , elevated water towers, steeples and domes in
their entirety and any other extremely high and hazardous work,
cooning steel, bos'n chair, or other similar devices, painting
in other high hazardous work shall be classified as high iron &
steel
-------------------------------------------------------------------
PAIN0036-008 10/01/2016
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DRYWALL FINISHER/TAPER. . . . . . . . . . .$ 37.18 17.99
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PAIN0169-002 01/01/2017
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GLAZIER. . . . . . . . . . . . . . . .. . . . . . . . . .$ 34.93 24.03
PAIN1247-002 05/01/2017
Rates Fringes
SOFT FLOOR LAYER. . . . . . . . . . . . . . . . .$ 32.35 14.56
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PLAS0200-001 08/05/2015
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PLASTERER. . . . . . . . . . . . . . . . . . . . . . . .$ 38.44 13.77
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PLAS0500-002 07/01/2016
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CEMENT MASON/CONCRETE FINISHER. . .$ 33.30 23.33
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PLUM0016-001 07/01/2016
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PLUMBER/PIPEFITTER
Plumber and Pipefitter
All other work except
work on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft.
of floor space and work
on strip malls, light
commercial, tenant
improvement and remodel
work. . . . . . . . . . . . . . . . . . . . . . .$ 47.19 21.41
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5, 000 sq. ft. of
floor space. . . . . . . . . . . . . . . . .$ 45.73 20.43
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work. . . . . . . . . . . . . . . . . . . . . . . .$ 35.69 18.76
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PLUM0345-001 07/01/2014
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PLUMBER
Landscape/Irrigation Fitter.$ 29.27 19.75
Sewer & Storm Drain work. . . .$ 33.24 17.13
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ROOF0036-002 08/01/20-15
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ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 35.07 14.40
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 $1.75 per
hour "pitch premium" pay.
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SFCA0669-014 04/01/2017
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SPRINKLER FITTER. . . . . . . . . . . . . . . . .-$-37.20 15.84
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SHEE0273-002 08/01/2016
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SHEET METAL WORKER. . . . . . . . . . . . . . .$ 40.46 27.90
HOLIDAYS: New Year's Day, Martin Luther King Day, President's
Day, Good Friday, Memorial Day, Indepdendence Day, Labor
Day, Veterans Day,Thankisgiving Day & Friday after,
Christmas Day
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TEAM0011-002 08/01/2016
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TRUCK DRIVER
GROUP 1. . . . . . . . . . . . . . . . . . . .$ 29.09 26.39
GROUP 2. . . . . . . . . . . . . . . . . . . .$ 29.24 26.39
GROUP 3. . . . . . . . . . . . . . . . . . . .$ 29.37 26.39
GROUP 4. . . . . . . . . . . . . . . . . . . .$ 29.56 26.39
GROUP 5. . . . . . . . . . . . . . . . . . . .$ 29.59 26.39
GROUP 6. . . . . . . . . . . . . . . . . . . .$ 29.62 26.39
GROUP 7. . . . . . . . . . . . . . . . . . . .$ 29.87 26.39
GROUP 8. . . . . . . . . . . . . . . . . . . .$ 30.12 26.39
.GROUP 9. . . . . . . . . . . . . . . . . . . .$ 30.32 26.39
GROUP 10. . . . . . . . . . . . . . . . . . . .$ 30.62 26.39
GROUP 11. . . . . . . . . . . . . . . . . . . .$ 31.12 26.39
GROUP 12. . . . . . . . . . . . . . . . . .$ 31.55 26.39
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
E1 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 I
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
GROUP 12: Boom Truck 17K and above
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered .by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30-hours
they work,. up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii) ) .
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The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local) ,
a survey rate (weighted average rate) or a union average rate
(weighted union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
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in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by -computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey,- it. may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates -are survey rates based on :a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. .The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 1000 of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014 . UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
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:
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
9.) All decisions by the Administrative Review Board are final.
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END OF GENERAL DECISION
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