HomeMy Public PortalAboutAlameda De Las Pulgas Rehabilitation1
_1
1
i
1
_1
1
1
1
1
1
1
1
1
1
1
1
1
CONTRACT BOOK
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102(029)
CITY PROJECT NO. 462201
To be usedin con junction with'
State of, Cali f orniu
Department
St,andarcl:Sri4Eiti-cati.,ns and 5t r
fora iae& Street'sanc
tire ed.JulYs29'02
JULY 2006
CITY OF SAN MATEO
Public Works Department
330 West 20th Avenue
San Mateo, CA 94403
650/522-7300
650/522-7301 (fax)
t
August 1 I, 2006
330 West 20thAvmue
San Matto, California 94403-1388
Telephone(650)522-7300
FAX: (650) 522-7301
www.cityofsanmatao.org
ADDENDUM NO. 1
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROEJCT NO. STPLX -5102 (029)
CITY PROJECT NO. 467004-46000-7009
Addendum No. 1 is issued to the above -referenced Contract Book, which is scheduled for bid opening on
August 22, 2006 at 2:00 p.m.
The following changes have been made:
BID DATE:
No Change.
CONTRACT BOOK:
SCHEDULE OF BID ITEMS. The Quantity of Bid Item No. 15, 12" C900 -DR 18, has been decreased.
Bid Item 15A, 18" C900 -DR 18, is a new bid item. See attached Revised Schedule of Bid Items.
Appendix II entitled "Federal Minimum Wages":
Replace this section in its entirely with the attached Department of Labor, Decision No. CA
020029, Modification Number 37, dated August 11, 2006.
PLANS:
Sheets 3 of I I, 4 of 11, and 9 of 11 reflect the changes of the proposed storm drain line.
YOU MUST USE THE REVISED SCHEDULE OF BID ITEM PAGES WHEN SUBMITTING
YOUR BIDS.
Each bidder shall acknowledge receipt of this Addendum by signingone copy of the attached
Acknowledgement Sheets and returning it immediately. The bidder shall submit the second copy with the
bid documents.
ADDENDUM NO. 1
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROEJCT NO. STPLX -5102 (029)
CITY PROJECT NO. 467004-46000-7009
ACKNOWLEDGEMENT
I have received Addendum No. 1 to the Contract Book titled, "Alameda de las Pulgas Rehabilitation,
Federal Aid Project No. STPLX — 5102 (029) City Project No. 467004-46000-7009". I have read and
understand the information stated in the addendum.
Date Bidder's Signature
Bidder's Name (Printed)
Name of Company
RETURN IMMEDIATELY TO:
Public Works Department
Attn: Support Staff
330 West 20th Avenue
San Mateo, CA 94403
(650) 522-7301 (fax)
Q:\pw\PWENGW_CONTRS\2006W1ameda Reconstruction\ADDENDUMNo.1.DOC 2
ADDENDUM NO. 1
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROEJCT NO. STPLX -5102 (029)
CITY PROJECT NO. 467004-46000-7009
ACKNOWLEDGEMENT
I have received Addendum No. 1 to the Contract Book titled, "Alameda de las Pulgas Rehabilitation,
Federal Aid Project No. STPLX — 5102 (029) City Project No. 467004-46000-7009". I have read and
understand the information stated in the addendum.
Date Bidder's Signature
Bidder's Name (Printed)
Name of Company
RETURN WITH BID DOCUMENTS
Q:\pw\PWENG\A_CONTRS\2006\Alameda Reconstruction \ADDENDUMNo.I.DOC 3
REVISED SCHEDULE OF BID ITEMS
(To be submitted with Proposal Form)
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 467004-46000-7009
ITEM
NO.
DESCRIPTION OF WORK'
EST. QTY.
UNIT
UNIT
PRICE
TOTAL
. COST
1
Mobilization
1
LS
$
$
2
Construction Area Signs
6
EA
$
$
3
Traffic Control System
1
LS
$
$
4
Remove and replace type 'A' Curb &
Gutter
510
LF
$
$
5
Remove and replace AC paving and AB/dirt
including saw cutting (See plans more
details/depth)
9,700
SF
$
$
6
Adjust Utility Boxes and Lids to Grade
1
LS
$
$
7
Adjust Storm Drain and Sanitary Sewer
Manholes to Grade
6
EA
$
$
8
Remove and replace sidewalk and/or
driveway
950
SF
$
$
9
Class 2 Permeable Material
1,300
TON
$
$
10
Asphalt Concrete Pavement (4" to 6" deep)
280
TON
$
$
11
Plane Asphalt Concrete Pavement (2")
109,000
SF
$
$
12
Final lift of Asphalt Concrete Overlay (2")
2,000
TON
$
$
13
Furnish and Construct 36" City Standard
storm drain manhole
7
EA
$
$
14
City Standard Storm Drainage Basin
2
EA
$
$
15
Storm Drain Pipe 12" C900-DRI8
577
LF
$
$
15A
Storm Drain Pipe I8" C900-DRI8
825
LF
$
$
16
Storm Drain Pipe Connection to. Existing
Structure
7
EA
$
$
17
Storm Drain Cleanout.
6
EA
$
$
18
Adjust Survey Monument Cover to Grade
3
EA
$
$
19
Painting of Curb
300
LF
$
$
20
6" Perforated Underdrain
440
LF
$
$
21
4" Perforated Underdrain
34
LF
$
$
22
Storm Drain Pipe 4" PVC SDR-26
15
LF -
$
$
23
Install, Repair and Relocate Road Sign
1
EA
$
$
24
Install 12" 640 white thermoplastic stop
bar/limit line
640
LF
$
$
25
Install 12" wide yellow thermoplastic stop
bar/lim it -line
1,500
LF
$
$
Q:\pw\FWENGW_CONTRS\2006'Wlameda Reconstruction\REVISED SCHEDULE OF BID ITEMS.doc
26
Install yellow thermoplastic zebra crosswalk
300
SF
$
$
27
Install `STOP' thermoplastic pavement
legend
15
EA
$
$
28
Install detail 10
2,400
LF
$
$
29
Install detail 23
900
LF
$
$
30
Install blue reflector
7
EA
$
$
31
Install type IV (R) thermoplastic arrow
2
EA
$
$
32
Install type IV (L) thermoplastic arrow
2
EA
$
$
33
Install type 'C' traffic detector loop.
Connect all wire as necessary
2
EA
$
$
34
Install '30' thermoplastic pavement legend
2
EA
$
$
35
Install 'SLOW SCHOOL XING'
thermoplastic pavement legend
1
SET
$
$
36
Install hand hole
I
EA
$
$
37
Utility Coordination
1
LS
$
$
38
Erosion Control
1
LS
$
$
39
Potholing
28
EA
$
$
40
STOPPP Permit and Implementation of
BMP's
1
LS
$
$
41
Remove tree, stump and roots per plan
1
LS
$
$
42
Custom Precast Concrete Drain Box
1
EA
$
$
Total Bid
$
Q:\pw\PWENG\A_CONTRS\2006WIameda Reconstruction \REVISED SCHEDULE OF BID ITEMS.doc
GENERAL DECISION: CA20030029 08/11/2006 CA29
Date: August 11, 2006
General Decision Number: CA20030029 08/11/2006
Superseded General Decision Number: CA020029
State: California
Construction Types: Building, Heavy (Heavy and
Dredging) and
Highway
Counties: Alameda, Calaveras, Contra Costa, Fresno,
Kings,
Madera, Mariposa, Merced, Monterey, San Benito, San
Francisco,
San Joaquin, San Mateo, Santa Clara, Santa Cruz,
Stanislaus and
Tuolumne Counties in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS
(does not
include hopper dredge work); HEAVY CONSTRUCTION
PROJECTS (does •
not include water well drilling); HIGHWAY
CONSTRUCTION PROJECTS
Modification
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
Number Publication Date
06/13/2003
01/16/2004
02/13/2004
02/20/2004
03/19/2004
05/07/2004
07/02/2004
08/06/2004
08/13/2004
08/27/2004
09/03/2004
10/29/2004
12/03/2004
12/17/2004
01/14/2005
01/28/2005
02/11/2005
04/08/2005
04/15/2005
04722/2005
04/29/2005
05/20/2005
06/17/2005
07/22/2005
08/12/2005
08/26/2005
09/09/2005
11/18/2005
12/02/2005
01/20/2006
02/03/2006
02/10/2006
03/17/2006
04/14/2006
06/09/2006
07/07/2006
07/28/2006
08/11/2006
ASBE0016-001 08/01/2005
AREA 1: ALAMEDA, CONTRA COSTA, LAKE, MARIN,
MENDOCINO,
MONTEREY, NAPA, SAN BENITO, SAN FRANCISCO, SAN
MATEO, SANTA
CLARA, SANTA CRUZ, SOLANO, 6 SONOMA COUNTIES
EL DORADO, FRESNO, GLENN, HUMBOLDT, KINGS, LASSEN,
MADERA,
MARIPOSA, MERCED, MODOC, MONO, NEVADA, PLACER,
PLUMAS,
SACRAMENTO, SAN JOAQUIN, SHASTA, SIERRA, SISKIYOU,
STANISLAW,
SUTTER, TEHEMA,
YUBA COUNTIES
TRINITY,
TULARE, TUOLUMNE, YOLO, 6
Rates
Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
Protective Coverings,
Coatings, and Finishes to all
types. of mechanical systems)
Area 1 $ 39.76
13.20
Area 2 $ 36.38
13.20
ASBE00I6-004 01/01/2005
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN
MATEO AND
SANTA CLARA COUNTIES
AREA 2: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA,
MERCED,
MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ,
STANISLAUS AND
TUOLUMNE COUNTIES
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)
Area 1 $ 26.30
4.77
Area 2 $ 24.91
4.69.
BRCA0003-001 08/01/2005
Rates
Fringes
Marble Finisher $ 26.57
9.12
BRCA0003-003 08/01/2005
Rates
Fringes
Marble mason $ 36.34
15.81
BRCA0003-005 07/01/2006
Fringes
Rates
AREA 2: ALPINE, AMADOR, BUTTE, CALAVERAS, COLUSA,
DEL NORTE,
Bricklayer
Alameda, Contra Costa, San Area 1 $ 16.13
Benito, Santa Clara $ 34.82 10.485
14.33 _ Area 2 $ 13.19
Calaveras, San Joaquin, 10.485
Stanislaus, Toulumne $ 30.30 Area 3 ' $ 12.76
13.40 10.485
Fresno, Kings, Madera,
Mariposa, Merced $ 29.50 PROJECTS $50,000,000 AND OVER (AREAS 2 & 3):
14.20 Wages For Drywall Installer/Lather shall be $3.50
Monterey, Santa Cruz $ 31.13 additional
16.85 per hour. Wages for Stocker/Scrapper shall be
San Francisco, San Mateo 8 35.80 $1.75
15.65 additional per hour.
BRCA0003-008 07/01/2005 CARP0034-001 07/01/2006
Rates Rates
Fringes Fringes
Terrazzo Finisher $ 19.16 Diver
8.92 Assistant Tender, ROV
Terrazzo Worker $ 35.10 Tender/Technician $ 30.90
14.90 20.605
Diver standby $ 34.99
20.605
BRCA0003-011 04/01/2005 Diver Tender $ 33.99
20.605
AREA 1: Alameda, Contra Costa, Monterey, San Benito, Diver wet $ 69.98
San 20.605
Francisco, San Mateo, Santa Clara, Santa Cruz Manifold Operator (mixed
gas) $ 38.99
AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne 20.605
Manifold Operator $ 33.99
AREA 3: Fresno, Kings', Madera, Mariposa, Merced 20.605
Rates 8 HOURS MINIMUM PAY at the appropriate pay rate
Fringes for show up
time or for any day or part thereof worked.
Tile Finisher
Area 1 $ 19.16
3.92
Area 2 $ 18.96
9.05
Area 3 $ 18.67
8.25
Tile Layer
Area 1 $ 35.38
10.15
Area 2 $ 31.18
10.10
Area 3 $ 26.57
9.50
DEPTH PAY (Surface Diving):
050 to 100 ft $2.00 per foot
101 to 150 ft $3.00 per foot
151 to 220 ft $4.00 per foot
SATURATION DIVING RATES:
Standby rate shall apply until saturation starts.
Once under
pressure, the rate will be 6 time the Diver's 8
hour
minimum standby rate (24 times straight time Diver
pay
rate); plus applicable rate for depth or pressure. li
DIVING IN ENCLOSURES:
CARP0022-001 08/01/2006 Where it is necessary for Divers to enter pipes or
tunnels,
AREA 1: Alameda, Contra Costa, San Francisco, San or other enclosures where there is no vertical
Mateo, Santa ascent, the
Clara counties following premium shall be paid: Distance
traveled from
AREA 2: Monterey, San Benito, Santa Cruz Counties entrance 26 feet to 300 feet; $1.00 per foot.
When it is
AREA 3; Calaveras, Fresno, Kings, Madera, Mariposa, necessary for a diver to enter any pipe, tunnel or
Merced, San other
Joaquin, Stanislaus, Tuolumne Counties enclosure less than 48" in height, the premium
will be
Rates $1.00 per foot.
Fringes
Drywall Installers/Lathers; CARP0034-003 07/01/2006
Area 1 $ 32.25
17.495 Rates
Area 2 $ 26.37 Fringes
17.495
Area 3 $ 25.52 Piledriver $ 30.90
17.495 20.605
Drywall Stocker/Scrapper
CARP0035-002 07/01/2006 Saw Filer $ 25.17
17.015
AREA 1: Alameda, Contra Costa, San Francisco, San
Mateo, Santa
Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa,
Merced, San
Joaquin, Stanislaus, Tuolumne Counties
Rates .
Fringes
Carpenters:
AREA 1:
(1) Carpenter $ 32.25
17.015
(3) Bridge Builder $ 32.25
17.015
(4) Millwright $ 27.52
18.645
CARP0035-007 07/01/2006
AREA 1: Alameda,. Contra Costa, San Francisco, San
Mateo, Santa
Clara counties
AREA 2: Monterey, San Benito, Santa. Cruz Counties
AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa,
Merced, San
Joaquin, Stanislaus, Tuolumne Counties
(2) Hardwood Floorlayer;
Shingler; Power Saw
Operator; Steel Scaffold Fringes
& Steel Shoring Erector;
Saw Filer $ 32.40 Modular Furniture Installer
17.015 Area 1
(3) Bridge Builder $ 32.25 Installer I $ 19.68
(4) Millwright $ 32.35 Installer II $ 16.25
18.645
AREA 2: PROJECTS
$50,000,000 & OVER
(1) Carpenter $ 29.87
17.015
17.015
17.015
17.015
(2) Hardwood Floorlayer;
Shingler; Power Saw
Operator; Steel Scaffold
& Steel Shoring Erector;
Saw Filer $ 30.02
(3) Bridge Builder $ 32.25
(4) Millwright $ 32.35
18.645
AREA 2: PROJECTS UNDER
$50,000,000
(11 Carpenter $ 26.37-
17.015
i2) Hardwood Floorlayer;
Shingler; Power Saw
Operator; Steel Scaffold
& Steel Shoring Erector;
Saw Filer $
17.015
(3) Bridge Builder $
17.015
(4) Millwright $
26.52
32.25
28.87
18.645
AREA 3: PROJECTS
$50,000,000 & OVER
(1) Carpenter $ 28.52
17 015
17.015
17.015
(2) Hardwood Floorlayer;
Shingler; Power Saw
Operator; Steel Scaffold
& Steel Shoring Erector;
Saw Filer $ 28.67
(3) Bridge Builder $ 32.25
(4) Millwright $ 31.02
18.645
AREA 3: PROJECTS UNDER
$50,000,000
(1) Carpenter $ 25.02
17.015
(2) Hardwood Floorlayer;
Shingler; Power Saw
Operator; Steel Scaffold
& Steel Shoring Erector;
11.635
11.635
11.635
12.135
11.635
Lead Installer $ 23.13
12.135
Master Installer $ 27.35
12.135
Area 2
Installer I $ 17.03
Installer II $ 14.08
Lead Installer $ 20.00
Master Installer $ 23.63
Rates
12:135
Area 3
Installer I $ 16.08
11.635
Installer II $ 13.31
11.635
Lead Installer $ 18.88
12.135
Master Installer $ 22.30
12.135
ELEC0006-001 12/01/2005
ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN
FRANCISCO,
SAN MATEO, SANTA CLARA, AND SANTA CRUZ COUNTIES
Rates
Fringes
Communications System
Sound & Communications
Installer $ 25.72
3%+9.80
Sound & Communications
Technician $ 29:28
3%+9.80
SCOPE OF WORK: Including any data system whose
only function
is to transmit or receive information; excluding
all other
data systems or multiple systems which include
control
function or power supply; inclusion or exclusion
of
ip
terminations and testings of conductors
determined by
their function; excluding fire alarm work when
installed
in raceways (including wire and cable pulling)
and when
performed on new or major remodel building
projects or
jobs for which the conductors for the fire alarm
system are
installed in conduit; excluding installation of
raceway
systems, line voltage work, industrial work, life -
safety
systems (all buildings having floors located more
than 75'
above the lowest floor level having building
access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in
raceways
(including wire and cable pulling), on projects
which
involve new or major remodel building
construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by
the inside
electrician.
ELEC0006-007 06/01/2005
SAN FRANCISCO COUNTY
Rates
Fringes
Electrician $ 46.55 -
3%+16.545
ELEC0006-008 12/01/2005
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED,
SAN
JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES
Rates
Fringes
Communications System
Installer $ 22.59
38+9.80
Technician $ 25.72
3%+9.80
SCOPE OF WORK: Including any data system whose
only function
is to transmit or receive information; excluding
all other
data systems on multiple systems which include.
control
function or power supply; inclusion or exclusion
of
terminations and testings of conductors
determined by
their function; excluding fire alarm work when
installed
in raceways (including wire and cable pulling)
and when .
performed on new or major remodel building
projects or
jobs for which the -conductors for the fire alarm
system are
installed in'conduit; excluding installation of
raceway
systems, line voltage work,- industrial work, life -
safety
systems (all buildings having floors located more
than 75'
above the lowest floor level having building
access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in
raceways
(including wire and cable pulling), on projects
which
involve new or major remodel building
construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by
the inside
electrician.
ELEC0100-002 06/01/2006
FRESNO, KINGS, AND MADERA COUNTIES
Rates
Fringes
Electrician $ 28.35
3%+12.70
ELEC0100-005 12/01/2005
FRESNO, KINGS, MADERA
Rates
Fringes
Communications -and Systems
Installer $ 22.59
3%+9.B0
SCOPE OF WORK
Includes the installation testing, service and
maintenance,
of the following systems which utilize the
transmission
and/or transference of voice, sound, vision and
digital for
commercial, education, security and entertainment
purposes
for the following: TV monitoring and surveillance,
background, -foreground music, intercom and
telephone
interconnect,
transmission,
system,
radio page, school intercom and sound, burglar
alarms, and
low voltage master clock systems.
inventory control systems, microwave
multi -media, multiplex, nurse call
A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE
SYSTEMS
Background foreground music, Intercom and
telephone
interconnect systems, Telephone systems Nurse call
systems,
Radio page systems, School intercom and sound
systems,
Burglar alarm systems, Low voltage, master clock
systems, u
Multi-media/multiplex systems, Sound and musical
entertainment systems, RF systems, Antennas and
Wave Guide,
B. FIRE ALARM SYSTEMS Installation, wire pulling and
testing
It
C. TELEVISION AND VIDEO SYSTEMS Television
monitoring and
surveillance systems Video security systems,
Video
entertainment systems, Video educational systems,
Microwave
transmission systems, CATV and CCTV
D. SECURITY SYSTEMS Perimeter security systems
Vibration. -
sensor systems Card access systems Access control
systems,
Sonar/infrared monitoring equipment
E. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE
INFORMATION AND/OR CONTROL SYSTEMS THAT ARE
INTRINSIC TO
' THE ABOVE LISTED SYSTEMS SCADA (Supervisory
Control and
Data Acquisition) PCM (Pulse Code Modulation)
Inventory
Control Systems, Digital Data Systems Broadband
and
Baseband and Carriers Point of Sale Systems, VSAT
Data
Systems Data Communication Systems 'RE and Remote
Control
Systems, Fiber Optic pats Systems
WORK EXCLUDED Raceway systems are not covered
(excluding
Ladder -Rack for the purpose of the above listed
systems).
Chases and/or nipples (not to exceed 10 feet) may
be
installed on open wiring systems. Energy
management
systems. SCADA (Supervisory Control and Data
Acquisition)
when not intrinsic to the above listed systems (in
the
scope). Fire alarm systems when installed. in
raceways
(including wire and cable pulling) shall be
performed at
the electrician wage rate, when either of the
following two
(2) conditions apply:
1. The project involves new or major remodel
building trades
construction.
2. The conductors for the fire alarm system are
installed in
conduit.
ELECO234-001 05/29/2006
MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates
Fringes
Electrician $ 34.41
3%+17.49
ELEC0302-001 06/01/2006
CONTRA COSTA COUNTY
Rates
Fringes
Cable splicer $ 44.95
3%+17.90
Electrician $ 39.51
3%+17.90
ELEC0332-001 12/01/2005
• SANTA CLARA COUNTY
Rates
Fringes
Cable splicer $ 49.53
3%+15.27
Electrician $ 43.07
3%+15.27
FOOTNOTES: Work under compressed air or where gas
.masks are
required, orwork on ladders, scaffolds,. stacks,
"Bosun's
chairs," or other structures and where the workers
are not
protected by permanent guard rails at a distance
of 40 to
60 ft. from the ground or supporting structures:
to be paid
one and one-half times the straight -time rate of
pay.
Work on structures of 60 ft. or over (as described
.above):
to be paid twice the straight -time rate of pay.
ELEC0595-001 06/01/2006
ALAMEDA COUNTY
Rates
Fringes
Cable splicer $ 46.13
3%+18.65
Electrician $ 41.00
3%+18.65
ELEC0595-002. 06/01/2006
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates
Fringes
Cable splicer $ 35.53
7.5%+17.46
Electricians
(1) Tunnel work $ 33.16
7.5%+17.46
(2) All other work $ 31.58
7.5%+17.46
ELEC0617-001 06/01/2006
SAN MATEO COUNTY
Rates
Fringes
Electrician $ 45.25
16.89
ELEC0684-001 01/01/2006
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates
Fringes
Cable splicer $ 34.73
6.5%+12.70
Electrician $ 31.57
6.5%+12.70
ELEC1245-001 06/01/2005
Rates
Fringes
16.52
16.52
duty repairman $ 32.63
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator $ 31.51
(4) Bargeman; Deckhand;
Fireman; Leveehand;
Oiler $ 26.21
Line Construction 16.52
(1) Lineman; Cable splicer $ 36.51
3.75%+10.03 AREA DESCRIPTIONS
(2) Equipment specialist
(operates crawler AREA 1: ALAMEDA,BUTTE, CONTRA COSTA,
tractors, commercial motor MERCED,
vehicles, backhoes, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN
trenchers, cranes (50•tons . JOAQUIN,
and below), and overhead SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO,
and underground STANISLAUS,
distribution line SUTTER, YOLO, AND YUBA COUNTIES
equipment) $ 31.03
3.75%+9.25 AREA 2: MO➢OC COUNTY
(3) Groundman $ 23.73
3.75%+9.25 THE REMAINGING COUNTIES ARE SPLIT BETWEEN AREA 1
(4) Powderman $ 34.69 AND AREA 2
3.75%+9.29 AS NOTED BELOW:
ELEV0008-001 01/01/2006
ALPINE COUNTY:
Area 1: Northernmost part
Area 2: Remainder
Rates
Fringes CALAVERAS COUNTY:
Area 1: Remainder
Elevator Mechanic $ 49.005 Area 2: Eastern part
13.265
COLUSA COUNTY:
FOOTNOTE: Area 1: Eastern part
vacation Pay: 8% with 5 or more years of service, Area 2: Remainder
6% for 6
months to 5 years service. ELDORADO COUNTY:
Area 1: North Central part
Paid Holidays: New Years Day, Memorial Day, Area 2: Remainder
Independence Day,
Labor Day, Thanksgiving Day and Friday after, and FRESNO COUNTY:
Christmas Area 1: Remainder
Day. Area 2: Eastern part
KINGS, MARIN,
GLENN COUNTY:
ENGI0003-008 07/01/2005 Area 1: Eastern part
Area 2: Remainder
Rates
Fringes LASSEN COUNTY:
Area 1: Western part along the Southern portion
Dredging: (DREDGING: of border
CLAMSHELL & DIPPER DREDGING; with Shasta County
HYDRAULIC SUCTION DREDGING:) Area 2: Remainder
AREA 1:
(1) Leverman $ 35.59 MADERA COUNTY:
16.52 - Area 1: Except Eastern part
(2) Dredge Dozer; Heavy Area 2: Eastern part
duty repairman $ 30.63
15.52 MARIPOSA COUNTY
(3) Booster Pump Area 1: Except Eastern part
Operator; Deck Area 2: Eastern part
Engineer; Deck mate;
Dredge Tender; Winch, MONTERREY COUNTY
Operator $ 29.51 Area 1: Except Southwestern part
16.52 Area 2: Southwestern part
(4) Bargeman; Deckhand;
Fireman; Leveehand; NEVADA COUNTY:
Oiler $ 26.21 Area 1: All but the Northern portion along the
16.52 border of
AREA 2: Sierra County
1) Leverman $ 37.59 Area 2: Remainder
16.52
(2? Dredge Dozer; Heavy
PLACER COUNTY:
Area 1: Al but the Central portion
Area 2: Remainder. Oiler $ 27.04
18.29
PLUMAS COUNTY: Truck crane oiler $ 29.33
Area 1: Western portion 18.29
Area 2: Remainder GROUP 2
Cranes $ 34.54
SHASTA COUNTY: 18.29
Area 1: All but the Northeastern corner Oiler S. 26.83
Area 2: Remainder 18.29
Truck crane oiler $ 29.07
SIERRA COUNTY: 18.29
Area 1: Western part GROUP 3
Area 2: Remainder Cranes $ 32.80
18.29
SISKIYOU COUNTY: Hydraulic $ 28.44
Area 1: Central part 16.29
Area 2: Remainder Oiler $ 26.55-
18.29
SONOMA COUNTY: Truck Crane Oiler $ 28.83
Area 1: All but the Northwestern corner 18.29
Area 2; Remainder Power Equipment Operators -
Piledrivers: (AREA 1:)
TEHAMA-COUNTY: GROUP 1
Area 1: All but the Western border with Mendocino Lifting devices $ 36.64
s Trinity 18.29
Counties . Oiler $ 27.38
Area 2; Remainder 16.29
Truck crane oiler $ 29.66
TRINITY COUNTY: 18.29
Area 1: East Central part and the Northeastern GROUP 2
border with Lifting devices $ 34.82
Shasta County - 18.29
Area 2: Remainder Oiler $ 27.11
18.29
TUOLUMNE COUNTY: Truck Crane Oiler $ 29.41
Area 1: Except Eastern part 18.29
Area 2: Eastern part GROUP 3
Lifting devices $ 33.14
18.29
ENGI0003-018 06/26/2006 Oiler $ 26.69
18.29
"AREA 1" WAGE RATES ARE LISTED BELOW Truck Crane Oiler $ 29.12
18.29
"AREA 2" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE GROUP 4 $ 31.37
AREA 1 18.29
RATES. GROUP 5 $ 28.73
18.29
SEE AREA DEFINITIONS BELOW GROUP 6 $ 26.50
18.29
Rates Power Equipment Operators -
Fringes Steel Erection: (AREA 1:)
GROUP 1
Power Equipment Operator Cranes $ 37.27
(AREA 1:( - 18.29
GROUP 1 $ 35.42 Oiler S. 27.72
18.29 18.29
GROUP 2 $ 33.89 Truck Crane Oiler $ 29.95
18.29 18.29
GROUP 3 $ 32.41 GROUP 2
18.29 Cranes $ 35.50
GROUP 4 $ 31.03 18.29
18.29 . Oiler $ 27.45
GROUP 5 S 29.76 18.29
18.29 Truck Crane Oiler $ 29.73
GROUP 6 $ 28.44 18.29
18.29 GROUP 3
GROUP 7 $ 27.30 Cranes $ 34.02
16.29 18.29
GROUP 8 $ 26.16 Hydraulic $ 29.07
18.29 18.29
GROUP 8-A $ 23.95 Oiler $ 27.23
18.29 18.29
Power Equipment Operators - Truck Crane Oiler $ 29.46
All Cranes and Attachments: 18.29
(AREA 1: ) GROUP 4 $ 32.00
GROUP 1 18.29
Cranes $ 36.30 GROUP 5 $ 30.70
18.29 18.29
Power Equipment Operators -
18.29
16.69
18.29
18.29
18.29
18.29
UNDERGROUND:
GROUP 1
18.29
18.29
Tunnel and. Underground Work:
(AREA 1:)
SHAFTS, STOPES, RAISES:
GROUP 1 $ 31.52
GROUP 1-A $ 33.99
GROUP 2 $ 30.26
GROUP 3 $ 28.93
GROUP 4 $ 27.79
GROUP 5 $ 26.65
18.29
18.29
18.29
18.29
$ 31.42
GROUP 1-A S 33.89
GROUP 2 $ 30.16
GROUP 3 $ 28.83
GROUP 4 $ 27.69
GROUP 5 $ 26.55
.18.29FOOTNOTE: Work suspended by ropes or cables,
or work on
a Yo -Yo Cat: $.60 per hour additional.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1: Operator of helicopter when used in
erection work);
Hydraulic excavator, 7 cu. yds. and over; Power
shovels,
over 7 cu. yds.
GROUP 2: Highline cableway; Hydraulic excavator,
3-1/2 cu.
yds. up to 7 cu. yds.; Licensed construction work
boat
operator, on site; Power blade operator (finish);
Power
shovels, over 1 cu. yd. up toandincluding 7 cu.
yds.
GROUP 3: Asphalt milling machine; Cable backhoe;
Combination
backhoe and loader over 3/4 cu. yds.; Continuous
flight tie
back machine assistant to engineer or mechanic;
Crane
mounted continuous flight tie back machine,
tonnage to
apply; Crane mounted drill attachment, tonnage to
apply;
Dozer, slope brd; Gradall; Hydraulic excavator, up
to 3 1/2
cu. yds..; Loader 4 cu. yds. and over; Long reach
excavator;
Multiple engine scraper (when used as push pull);
Power
shovels, up to and including 1 cu. yd.; Pre -stress
wire
wrapping machine; Side boom cat, 572 or larger;
Track
loader 4 cu. yds. and over; Wheel excavator (up to
and
including 750 cu. yds. per hour)
GROUP 4: Asphalt plant engineer/box person;
Chicago boom;
Combination backhoe and loader up to and including
3/4 cu.
yd.; Concrete batch plant (wet or dry); Dozer
and/or push
cat; Pull- type elevating loader; Gradesetter,
grade
checker (GPS, mechanical or.otherwise); Grooving
and
grinding machine; Heading shield operator; Heavy-
duty
drilling equipment, Hughes, LDH, Watson 3000 or
similar;
Heavy-duty repairperson and/or welder; Lime
spreader;
Loader under 4 cu. yds.; Lubrication and service
engineer
(mobile and grease rack); Mechanical finishers or
spreader
machine (asphalt, Barber -Greene and similar);
Miller
Formless M-9000 slope paver or similar; Portable
crushing
and screening plants;
operator,
asphalt; Rubber -tired scraper, self -loading
(paddle -wheels,
etc.); Rubber- tired earthmoving equipment
(scrapers); Slip
form paver (concrete); Small tractor with drag;
Soil
stabilizer (P & H or equal); Spider plow and
spider puller;
Tubex pile rig; Unlicensed constuction work boat
operator,
on site; -Timber skidder; Track loader up to 4
yds.;
Tractor -drawn scraper; Tractor, compressor drill
combination; Welder; Woods -Mixer (and other
similar Pugmill
equipment)
Power blade support; Roller
GROUP 5: Cast -in -place pipe laying machine;
Combination
slusher and motor operator; Concrete conveyor or
concrete
pump, truck or equipment mounted; Concrete
conveyor,
building site; Concrete pump or pumperete gun;
Drilling
equipment, Watson 2000, Texoma 700 or similar;
➢rilling and
boring machinery, horizontal (not to apply to
waterliners,
wagon drills or jackhammers); Concrete mixer/all;
Person
and/or material hoist; Mechanical finishers
(concrete)
(Clary, Johnson, Bidwell Bridge Deck or similar
types);
Mechanical burm, curb and/or curb and gutter
machine,
concrete or asphalt); Mine or shaft hoist;
Portable
crusher;
etc., in
tunnels); Screed (automatic or manual); Self-
propelled
compactor with dozer; Tractor with boom D6 or
smaller;
Trenching
ft.
depth; Vermeer T -600B rock cutter or similar
Power jumbo operator (setting slip -forms,
machine, maximum digging capacity over 5
GROUP 6: Armor-Coater (or similar); Ballast jack
tamper;
Boom- type backfilling machine; Assistant plant
engineer;
Bridge and/or gantry crane; Chemical grouting
machine,
truck -mounted; Chip spreading machine operator;
Concrete
saw (self-propelled unit on streets, highways,
airports and
canals); Deck engineer; Drilling equipment Texoma
600,
Hughes 200 Series or similar up to and including
30 ft.
m.r.c.; Drill doctor; Helicopter radio operator;
Hydro -hammer or similar; Line master; Skidsteer
loader,
Bobcat larger than 743 series or similar (with
attachments); Locomotive; Lull hi -lift or -similar.;
Oiler,
truck mcunted equipment;. Pavement breaker, truck -
mounted,
with compressor combination; Paving fabric
installation
'and/or laying machine; Pipe bending machine
(pipelines
only); Pipe wrapping machine (tractor propelled
and
supported); Screed (except asphaltic concrete
paving);
Self- propelled pipeline wrapping machine; Soils &
materials tester; Tractor; Self -loading chipper;
Concrete
barrier moving machine
GROUP 7: Ballast regulator; Boom truck or dual-
purpose
A -frame truck, non -rotating - under 15 tons;
Truck -mounted
rotating telescopic boom type lifting device,
Manitex or
similar (boom truck) - under 15 tons; Cary lift or
similar;
Combination slurry mixer and/or cleaner; Drilling
equipment, 20 ft. and under m.r.c.; Firetender
'(hot plant);
Grouting machine operator; Highline cableway
signalperson;
Stationary belt loader (Kolman or similar); Lift
slab
machine (Vagtborg and similar types); Maginnes
internal
full slab vibrator; Material hoist (1 drum);
Mechanical --
trench shield; Pavement breaker with or without
compressor
combination); Pipe cleaning machine (tractor
propelled and
supported); Post driver; Roller (except asphalt)
Chip
Seal; Self-propelled automatically applied '
concrete curing
mahcine (on streets, highways/ airports and
canals);
Self-propelled compactor (without dozer);
signalperson;
Slip -form pumps (lifting device for concrete
forms); Tie
spacer; Tower mobile; Trenching machine, maximum
digging
capacity up to and including 5 ft. depth; Truck -
type loader
GROUP 8: Bit sharpener; Boiler tender; Box
operator;
Brakeperson; Combination mixer and compressor
(shotcrete/gunite); Compressor operator; Deckhand;
Fire
tender; Forklift (under 20 ft.); Generator;
Gunite/shotcrete equipment operator; Hydraulic
monitor; Ken
seal machine (or similar); Mixermobile; Oiler;
Pump
operator; Refrigeration plant; Reservoir -debris
tug (self-
propelled floating); Ross Carrier (construction
site);
Rotomist operator; Self-propelled tape machine;
Shuttlecar;
Self-propelled power sweeper operator (includes
vacuum
sweeper); Slusher operator; Surface heater;
Switchperson;
Tar pot firetender; Tugger hoist, single drum;
vacuum
cooling plant; Welding machine (powered other than
by
electricity) .. -
GROUP 8-A: Elevator operator; Skidsteer loader -
Bobcat 743
series or smaller, and similar (without
attachments); Mini
excavator under 25 H.P. (backhoe-trencher); Tub
grinder
wood chipper
ALL CRANES AND ATTACHMENTS
GROUP 1: Clamshell and dragline over 7 cu. yds.;
Crane, over
100 tons; Derrick, over 100 tons; Derrick barge
pedestal -mounted, over 100 tons; Self-propelled
boom -type
lifting device, over 100 tons
GROUP 2: Clamshell and dragline over 1 cu. yd. up
to and
including 7 cu. yds.; Crane, over 45 tons up to
and
including 100 tons; Derrick barge, 100 tons and
under;
Self-propelled boom -type lifting device, over 45
tons;
Tower crane
GROUP 3: Clamshell and dragline up to and
including 1 cu.
yd.; Cranes 45 tons and under; Self-propelled
boom -type
lifting device -45 tons and under; Boom Truck or
dual
purpose A -frame truck, non -rotating over 15 tons;
Truck -mounted rotating telescopic boom type
lifting device,
Manitex or similar (boom truck) over 15 tons;
PILEDRIVERS
GROUP 1: Derrick barge pedestal mounted over 100
tons;
Clamshell over 7 cu. yds.; Self-propelled boom -
type -lifting
device over 100 tons; Truck crane or
or barge
mounted over 100 tons
crawler, land ri
GROUP 2: Derrick barge pedestal mounted 45 tons to
and
including 100 tons; Clamshell up to and including
7 cu.
yds.; Self-propelled boom -type lifting device over
45 tons;
Truck crane or crawler, land or barge mounted,
over 45 tons
up to and including 100 tons; Fundex F-12 ,
hydraulic pile rig
GROUP 3: Derrick barge pedestal mounted under 45
tons; Self-.
propelled boom -type lifting device 45 tons and UNDERGROUND [These areas do not apply to
under; Piledrivers and
Skid/scow piledriver, any tonnage; Truck crane or Steel Erectors]
crawler,
land or barge mounted 45 tons and under AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS,
MARIN, MERCED,
GROUP 4: Assistant operator in lieu of assistant NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN
to engineer; JOAQUIN,
Forklift, 10 tons and over; Heavy-duty SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO,
repairperson/welder STANISLAUS,
SUTTER, YOLO, AND YUBA COUNTIES
GROUP 5: Deck engineer
AREA 2 - MODOC COUNTY
GROUP 6: Deckhand; Fire tender
THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1
AND AREA 2 AS
NOTED BELOW:
STEEL ERECTORS
GROUP 1: Crane over 100 tons; Derrick over 100
tons; Self-
propelled boom -type lifting device over 100 tons
GROUP 2: Crane over 45 tons to 100 tons; Derrick
under 100
tons; Self-propelled boom -type lifting device over
45 tons
to 100 tons; Tower crane
GROUP 3: Crane, 45 tons and under; Self-propelled'
boom -type
.lifting device, 45 tons and under
ALPINE COUNTY:
Area 1: Northernmost part
Area 2: Remainder
CALAVERAS COUNTY:
Area 1: Except Eastern part
Area 2: Eastern part
COLUSA COUNTY:
Area 1: Eastern part
Area 2: Remainder
DEL NORTE COUNTY:
Area 1: Extreme Southwestern corner
Area 2: Remainder
GROUP 4: Chicago boom; Forklift, 10 tons and over; ELDORADO COUNTY:
Heavy-duty Area 1: North Central part
repair person/welder Area 2: Remainder
GROUP 5: Boom cat
TUNNEL AND UNDERGROUND WORK
FRESNO COUNTY
Area 1: Except Eastern part
Area 2: Eastern part
GLENN COUNTY:
Area 1: Eastern part
Area 2: Remainder
GROUP 1-A: Tunnel bore machine operator, 20' HUMBOLDT COUNTY:
diameter or more Area 1: Except Eastern and Southwestern parts
Area 2: Remainder
GROUP 1: Heading shield operator; Heavy-duty LAKE COUNTY:
repairperson; Area 1: Southern part
Mucking machine (rubber tired, rail or track Area 2: Remainder
type); Raised
bore operator (tunnels); Tunnel mole bore Operator LASSEN COUNTY:
Area 1: Western part along the Southern portion o
GROUP 2: Combination slusher and motor operator; border
Concrete with Shasta County
pump or pumperete gun; Power jumbo operator Area 2: Remainder
GROUP 3: Drill doctor; Mine or shaft hoist
GROUP 4: Combination slurry mixer cleaner;
Grouting Machine
operator; Motorman
GROUP 5: Sit Sharpener; Brakeman; Combination
mixer and
compressor (gunite); Compressor operator; Oiler;
Pump
operator; Slusher operator
AREA DESCRIPTIONS: ..
POWER EQUIPMENT OPERATORS, CRANES AND
ATTACHMENTS, TUNNEL AND
MADERA COUNTY
Area 1: Remainder
Area 2: Eastern part
MARIPOSA COUNTY
Area 1: Remainder
Area 2: Eastern part
MENDOCINO COUNTY:
Area 1: Central and Southeastern parts
Area 2: Remainder
MONTEREY COUNTY
Area 1: Remainder
Area 2: Southwestern part
NEVADA COUNTY:
Area 1: All but the Northern portion along the
border of
Sierra County
Area 2: Remainder
PLACER COUNTY:
Area 1: All but the Central portion
Area 2: Remainder
PLUMAS COUNTY:
Area 1: Western portion
Area 2: Remainder
SHASTA COUNTY:
Area 1: All but the Northeastern corner
Area 2: Remainder
SIERRA COUNTY:
Area 1: Westernpart
Area 2: Remainder
SISKIYOU COUNTY:
Area 1: Central part
Area 2: Remainder
SONOMA COUNTY:
Area 1: All but the Northwestern corner
Area 2: Reaminder
TEHAMA COUNTY:
Area 1: All but the Western border with mendocino
6 Trinity
Counties
Area 2: Remainder
TRINITY COUNTY:
Area 1: East Central part and the Northeaster
border with
Shasta County
Area 2: Remainder
TULARE COUNTY;
Area 1: Remainder
Area 2: Eastern part
TUOLUMNE COUNTY:
Area 1: Remainder
Area 2: Eastern Part
IRON0002-004 07/01/2006
Rates
Fringes
Ironworkers:
Fence Erector $ 32.165
16.585
Ornamental, Reinforcing
and Structural $ 33.055
16.585
PREMIUM PAY:
$3.00 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 - Seeley,
Vandenberg AFB
Army Defense Language Institute - Monterey, Fallon
Air Base,
Naval Post Graduate School - Monterey, Yermo Marine
Corps
Logistics Center
$1.00 additional per hour at the following
locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station -
Two Rock
LAB00036-001 07/01/2004
SAN FRANCISCO AND SAN MATEO COUNTIES,:
Rates
Fringes
Brick Tender $ 25.92
11.26
FOOTNOTES: Underground work such as sewers,
manholes, catch
basins, sewer pipes, telephone conduits, tunnels
and cut
trenches: $5.00 per day additional. Work in live
sewage:
$2.50 per day additional.
LAB00036-002 07/01/2004
SAN FRANCISCO AND SAN MATEO COUNTIES:
Rates
Fringes
Plasterer tender $ 25.62
11.34
FOOTNOTES: Work on a suspended scaffold: $5.00 per
day
additional. Work operating a plaster mixer pump
gun: $1.00
per hour additional.
LAB00067-002 12/01/2005
Rates
Fringes
Asbestos Removal Laborer $ 16.39
5.29
SCOPE OF WORK: Covers site mobilization; initial
site
clean-up; site preparation; removal of asbestos -
containing
materials from walls and ceilings; or from pipes,
boilers
and mechanical systems only if they are being
scrapped;
encapsulation, enclosure and disposal of
asbestos -containing materials by hand or with
equipment or
machinery; scaffolding; fabricationof temporary
wooden
barriers; and assembly of decontamination •
stations.
* LAB00067-006 07/01/2006
$2.00 additional per hour at the following
locations:
AREA "A" - ALAMEDA, CONTRA COSTA, SAN FRANCISCO,' SAN GROUP 4 $ 24.17
MATEO-AND 9.05
SANTA CLARA COUNTIES Laborers: (WRECKING - AREA A:)
GROUP 1 $ 25.42
AREA "B" - CALAVERAS, FRESNO, KINGS, MADERA, 9.05
MARIPOSA, MERCED, GROUP 2 $ 25.27
MONTEREY, SAN BENITO, SANTA CRUZ, SAN JOAQUIN, 9.05
STANISLAUS AND GROUP 3 $ 18.86
TUOLUMNE COUNTIES 9.05
Laborers: (WRECKING - AREA B:)
Rates GROUP 1 $ 24.42
Fringes 9.05
GROUP 2 $ 24.27
Laborers: (CONSTRUCTION CRAFT 9.05
LABORERS - AREA A:) GROUP 3 $ 17.86
Construction Specialist 9.05 •
Group $ 27.12 Landscape Laborer (GARDENERS,
10.05 HORTICULTURAL & LANDSCAPE
GROUP 1 $ 26.42. LABORERS - AREA A:)
10.05 (1) New Construction $ 25.17
GROUP 1-a $ 26.64 9.05
10.05 (2) Establishment Warranty
GROUP 1-c $ 26.47 Period $ 16.86
10.05 9.05
GROUP 1-e $ 26.97 Landscape Laborer (GARDENERS,
10.05 HORTICULURAL & LANDSCAPE
GROUP 1-f $ 27.00 LABORERS - AREA B:) •
10.05 (1) New Construction $ 24.17
GROUP 1-g (Contra Costa 9.05
County) $ 26.62 (2) Establishment Warranty
10.05 Period $ 17.86
GROUP 2 $ 26-_27 9.05
10.05
GROUP 3 $ 26.17 FOOTNOTES: Laborers working off or with or from
10.05 bos'n chairs,
GROUP 4 $ 19.86 swinging scaffolds, belts shall receive $0.25 per
10.05 hour
See groups 1-b and 1-d under laborer above the applicable wage rate. This shall not
classifications. apply to
Laborers: (CONSTRUCTION CRAFT workers entitled to receive the wage rate set
LABORERS - AREA B:) forth in
Construction Specialist ' Group 1-a below.
Group $ 26.12
10.05
GROUP 1 $ 25.42
10.05
GROUP 1-a $ 25.64
10.05
GROUP 1-c $ 25.47
10.05
GROUP 1-e $ 25.97
10.05
GROUP 1-f $ 26.00
10.05
GROUP 2 $ 25.27
10.05
GROUP 3 $ 25.17
10.05
GROUP 4 $ 18.86
10.05
See groups 1-b and 1-d under laborer
classifications.
Laborers: (GUNITE - AREA A:)
GROUP 1
LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and
raker;
Chainsaw; Laser beam in
work;
Cast -in- place manhole form setter; Pressure
pipelayer;
Davis trencher - 300 or similar type (and all
small
trenchers); Blaster; Diamond driller; Multiple
unit drill;
Hydraulic drill
connection with laborers' Il
GROUP 1: Asphalt spreader boxes (all types);
Berko, Wacker
$ 26.38 and similar type tampers; Buggymobile; Caulker,
9.05 bander,
GROUP 2 $ 25.88 pipewrapper, conduit layer, plastic pipelayer;
9.05 Certified
GROUP 3 $ 25.29 hazardous waste worker including Leade Abatement;
9.05 Compactors of all types; Concrete and magnesite
GROUP 4 $ 25.17 mixer, 1/2
9.05 yd. and under; Concrete pan work; Concrete sander;
Laborers: (GUNITE - AREA B:) Concrete
GROUP 1 $ 25.38 saw;. Cribber and/or shoring; Cut granite curb
9.05 setter;
GROUP 2 $ 24.88 Dri-pak-it machine; Faller, logloader and bucker; II
9.05 Form
GROUP 3 $ 24.29 raiser, slip forms; Green cutter; Headerboard,
9.05 Hubsetter,
aligner, by any'method; High pressure blow pipe
(1-1/2" or
over, 100 lbs. pressure/over); Hydro seeder and
similar
type; Jackhammer operator; Jacking of pipe over 12
inches;
Jackson and similar type compactor; kettle tender,
pot and
worker applying asphalt, lay-kold, creosote, lime,
caustic
and similar type materials (applying means
applying,
dipping or handling of such materials); Lagging,
sheeting,
whaling, bracing, trenchjacking, lagging hammer;
Magnesite,
epoxyresin, fiberglass, mastic worker (wet or
dry); No
joint pipe and stripping of same, including repair
of
voids; Pavement breaker and spader, including tool
grinder;
Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast -manhole
setter;
Pressure pipe tester; Post hole digger, air, gas
and
electric; Power broom sweeper; Power. tampers of
all types
(except as shown in Group 2); Ram set gun and stud
gun;
Riprap stonepaver and rock-slinger, including
placing of
sacked concrete and/or sand (wet or dry) and
gabions and
similar type; Rotary scarifier or multiple head
concrete
chipping scarifier; Roto and Ditch Witch;
Rototiller;
Sandblaster, pot, gun,
Signalling and
rigging; Tank cleaner; Tree climber; Turbo
blaster;
Vibrascreed, bull float in connection with
laborers' work;
Vibrator; Hazardous waste worker (lead removal);
Asbestos
and mold removal worker
nozzle operators;
GROUP 1-a: Joy drill model TWM-2A; Gardner -Denver
model DH143
and similar type drills; Track driller; Jack leg
driller;
Wagon driller; Mechanical drillers, all types
regardless of
type or method of power; Mechanical pipe layers,
all types
regardless of type or method of power; Blaster and
powder;
All work of loading, placing and blasting of all
powder and
explosives of whatever type regardless of method
used for
such loading and'placing; Nigh scalers (including
drilling
of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per
day above '
Group 1 wage rates. "Sewer cleaner" means any
worker who
handles or comes in contact with raw sewage in
small
diameter sewers. Those who work inside recently
active,
large diameter sewers, and all recently active
sewer
manholes shal receive $5.00 per day above Group 1
wage
rates.
GROUP 1-c: Burning 'and welding in connection with
laborers'
work; Synthetic thermoplastics and similar type
welding
GROUP 1-d: Maintenance and repair track and road
beds. All
employees performing work covered herein shall
receive $
.25 per hour above their regular rate for all work
performed on underground structuresnot
specifically
covered herein. This paragraph shall not be
construed to
apply to work below ground level in open cut. It
shall
apply
after
the temporary cover has been placed.
to cut.and cover work of subway construction
GROUP 1-e: Work on and/or in bell hole footings
and shafts
thereof, and work on and in deep 'footings. (A
deep footing
is a hole 15 feet or more in depth.) In the event
the
depth of the footing is unknown at the
commencement of
excavation, and the final depth exceeds 15 feet,
the deep
footing wage rate would apply to all employees for
each and
every day worked on or in the excavation ofthe
footing
from the date of inception. • I'
GROUP 1-f: Wire winding machine in connection with
guniting
or shot crete
GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer
(including grade
checking in connection with pipelaying); Caulker;
Bander;
Pipewrapper; Conduit layer; Plastic pipe layer;
Pressure
pipe tester; No joint pipe and stripping of same,
including
repair of voids; Precast manhole setters, cast in
place
manhole form setters
GROUP 2: Asphalt shoveler; Cement dumper and
handling dry
cement or gypsum; Choke -setter and rigger
(clearing work);
Concrete bucket dumper and chute; Concrete
chipping and
grinding; Concrete laborer (wet or dry); Driller
tender,
chuck tender, nipper; Guinea chaser (stake), grout
crew;
High pressure nozzle, adductor; Hydraulic monitor
(over 100
lbs. pressure); Loading and unloading, carrying
and hauling
of all rods and materials for use in reinforcing
concrete
construction; Pittsburgh chipper and similar type
brush
shredders; Sloper; Single foot, hand-held,
pneumatic
tamper:. All pneumatic, air, gas and electric tools
not
listed in Groups 1 through 1-f; Jacking of pipe -
under 12
inches
GROUP 3: Construction laborers, including bridge
and general
laborer; Dump, load spotter; Flag person; Fire
watcher;
Fence erector; Guardrail erector;. Gardener,
horticultural
and landscape laborer; Jetting; Limber, brush
loader and
piler; Pavement marker (button setter);
Maintenance, repair
track and road beds; Streetcar and railroad
construction
track laborer; Temporary air and water lines,
Victaulic or
similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds
and building
including but not limited to: street cleaner;
cleaning and
washing windows; brick cleaner (jobsite only);
material
cleaner (jobsite only). The classification
"material
cleaner" is to be utilized under the following'
conditions:
A: at demolition site for the salvage of the
material.
.B: at the conclusion of a job where the material
is to be
salvaged and stocked to be reused on another job.
C: for. the cleaning of salvage material at the
jobsite or
temporary jobsite yard.
The material cleaner classification should not be
used in
the performance of "form stripping, cleaning and
oiling
and moving to the next point of erection".
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural nozzle operator
. GROUP 2: Nozzle operator (including gun, pot);
Ground person
GROUP 3: Rebound
GROUP 4: Gunite laborer
WRECKING WORE LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging
of sash,
windows and materials)
GROUP 2: Semi -skilled wrecker (salvaging of other
building
materials)
GROUP 3: General laborer (includes all clean-up
work, loading
lumber, loading and burning of debris)
* LAB00067-010 07/01/2006
Rates
Tunnel and Shaft Laborers:
GROUP 1 $ 28.50
12.33
GROUP 2 $ 28.27
12.33
12.33
12.33
12.33
12.33
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 3 $ 28.02
GROUP 4 $ 28.02
GROUP 5 - $ 27.57
GROUP 6 $ 27.03
GROUP 1: Diamond driller; Groundmen; Gunite. and
. shotcrete
nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual
or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen,
heading;
Cherry pickermen - where car is lifted; Concrete
finisher
in tunnel; Concrete screedman; Grout pumpman and
potman;
Gunite 6 shotcrete gunman & potman; Headermen;
High
pressure nozzleman; Miner - tunnel, including top
and
bottom man on shaft and raise work; Nipper;
Nozzleman on
slick line; Sandblaster - potman
GROUP 4: Steel form raiser and setter; Timberman,
retimberman
(wood or steel or substitute materials therefore);
Tugger
(for tunnel laborer work); Cable tender; Chuck
tender;
Powderman - primer house
GROUP 5: Vibrator operator, pavement breaker; Bull
gang -
muckers, trackmen; Concrete crew - includes
rodding and
spreading
GROUP 6: Dumpmen (any method); Grout crew;
Reboundman;
Swamper/ Brakeman
* .LAB00073-003 07/01/2006
CALAVERAS, MARIPOSA, MERCED, MONTEREY, SAN BENITO,
SAN JOAQUIN,
STANISLAUS AND TUOLUMNE COUNTIES:
Rates
Fringes
Mason Tender (Brick) $ 25.96
10.04
LAB00073-005 07/01/2005
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED,
SAN
JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:
Fringes Fringes
Rates
Plasterer tender $ 26.15 Rates
9.25 Fringes
Plasterer tender $ 23.054
LA1300166-001 07/01/2002 7.30 •
ALAMEDA AND CONTRA COSTA COUNTIES:
FOOTNOTE: Mixer person: $4.00 per day additional.
Rates
Fringes PAIN0016-001 07/01/2005
Brick Tender $ 22.90 ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN
10.06 MATEO, SANTA
• CLARA, AND SANTA CRUZ COUNTIES
FOOTNOTES: Work on jobs where heat -protective
clothing is Rates
required: $2.00 per hour additional, Work at Fringes . .
grinders.: $.25
per hour additional. Manhole work: $2.90 per day .Painters. - $ 29.61
additional. 13.41
LAB00166-002 07/01/2002
PREMIUMS:
EXOTIC MATERIALS - $0.75 additional per hour.
ALAMEDA AND CONTRA COSTA COUNTIES: SPRAY WORK: - $0.50 additional per hour.
INDUSTRIAL PAINTING - $0.25 additional per hour
Rates [Work on industrial buildings used for the
Fringes manufacture and
processing of goods for sale or service; steel
Plasterer tender construction
Gun operator $ 28.04 (bridges), stacks, towers, tanks, and similar
11.41 structures]
Plasterer tender $ 27.29
11.41 HIGH WORK:
over 50 feet - $2.00 per hour additional
100 to 180 feet - $4.00 per hour additional
LAB00270-001 07/01/2006 Over 180 feet - $6.00 per houir additional
SANTA CLARA & SANTA CRUZ COUNTIES
Rates
Fringes
Mason Tender (Brick)
Santa Clara $ 27.37
PAIN0016-003 08/01/2005
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN
MATEO & SANTA
CLARA COUNTIES
10.18 . . AREA 2: CALAVERAS, MARIPOA, MERCED, MONTEREY, SAN
Santa Cruz $ 26.37 BENITO, SAN
10.18 JOAQUIN, SANTA CRUZ, STANISLAUS & TUOLUMNE COUNTIES
FOOTNOTE: $2.00 per hour for refactory work where Rates
heat -protective clothing is required. .Fringes
Drywall Finisher/Taper
LABO0270-004 08/04/2004 Area 1 $ 34.87
13.77
SANTA CLARA AND SANTA CRUZ COUNTIES Area 2 $ 30.94
12.17
Rates
Fringes
PAIN0016-008 07/01/2006
Plasterer tender $ 23.29
12.11 FRESNO, KINGS AND MADERA COUNTIES:
' LABO0294-001 07/01/2006 Fringes
FRESNO, KINGS AND MADERA COUNTIES
Rates
Fringes
FOOTNOTES:
Mason Tender (Brick) $ 26.26 Drywall Taper and Lead Abaters receive $1.25
10.04 - additional per
hour. Sandblast 5 Spray receive $1.00 additional
per hour.
LA800297-001 08/01/2004 • Paperhangers, and work over 30 feet (does not
include work
MONTEREY AND SAN BENITO COUNTIES from a lift): $0.50 per hour additional.
Rates
Painter
Brush and Roller $ 21.71
10.83
PAIN0016-010 07/01/2006
FRESNO, KINGS, MADERA AND COUNTIES:
Rates
Fringes
Soft Floor Layer $ 23.33
9.24
PAINOD16-022 07/01/2005
PAIN0016-015 11/01/2005 SAN FRANCISCO COUNTY
CALAVERAS AND SAN JOAQUIN COUNTIES Rates
Fringes
Rates
Fringes Painter $ 33.23 ,
13.89
Painter
Brush $ 26.81
6.94 PAIN0169-001 07/01/2005
stage 4-7 stories: to be paid 1/2 hr. per day
additional.
Work on exterior stage 8-11 stories: to be paid 1
. hr. per
day additional. Work on exterior stage 12 stories
or
higher: to be paid 1-1/2 hrs. per day additional.
One
story equals 10 ft.
FOOTNOTES: FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES:
Spray/Sandblast: $1.00 additional per hour.
Coal Tar/Exotic Materials: $1.75 additional per Rates
hour. Fringes
High Time: Steel construction workers working on
erected Glazier $ 26.69
steel construction, bridges, stacks, towers, tanks 11.84
and
•similar structures, from 50 to 100 ft. above
ground or mean PAIN0169-005 07/01/2006
water level: to be paid 1 hour per day additional,
100 to ALAMEDA CONTRA COSTA, MONTEREY, SAN BENITO, SAN
180 ft 2 hours additionalpay per day; over 180 ft FRANCISCO, SAN it
3 hours MATEO, SANTA CLARA S SANTA CRUZ COUNTIES
additional pay per day. Exterior stage:. Work on
exterior - Rates
stage 4-7 stories: to be paid.1/2 hr. per day Fringes
additional.
Work on exterior stage 8-11 stories: to be paid 1 Glazier $ 35.52
hr. per 15.70
day additional. Work on exterior stage 12 stories
or
higher: to be paid 1-1/2 hrs. per day additional.
One
story equals 10 ft.
PAIN0169-009 07/01/2002
ALAMEDA AND CONTRA COSTA:
PAIN0016-017 11/01/2005 Fringes
MARIPOSA, MERCED, STANISLAUS S TOULUMNE COUNTIES
Rates -
Shower Door Installer $ 24.83
5.01+a
Rates
Fringes . PAID HOLIDAYS: New Year's Day, President's Day,
Memorial Day,
Painter Fourth of July, Labor Day, Thanksgiving Day, Day
Brush $ 24.81 after
10.75 Thanksgiving, and Christmas Day.
FOOTNOTES:
Spray/Sandblast: $1:00 additional per hour. PAIN0767-001 07/01/2006
Coal Tar/Exotic Materials: $1.75. additional per
hour. CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE
High Time: Steel. construction workers working on COUNTIES:
erected
steel construction, bridges, stacks, towers, tanks Rates
and Fringes
similar structures, from 50 to 100 ft. above
ground or mean Glazier $ 29.79
water. level: to be paid 1 hour per day additional; 14.24
100 to
180 ft 2 hours additionalpay per day; over 180 ft PAID HOLIDAYS: New Year's Day, Martin Luther King,
3 hours Jr. Day,
additional pay per day. Exterior stage: Work on President's Day, Memorial Day, Independence Day,
exterior Labor Day,
14
Veteran's Day, Thanksgiving Day, and Christmas
Day. Soft Floor Layer $ 26.96
10.87
Employee rquired to wear a body harness shall
receive $1.50
per hour above the basic hourly rate at any PAIN1600-005 07/01/2006
elevation.
ALAMEDA, CONTRA COSTA, MARIPOSA, MERCED, MONTEREY,
SAN BENITO,
PAIN1176-001 07/01/2005 SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ
COUNTIES
AREA A: ALAMEDA, CONTRA. COSTA, MARIN, SAN
FRANCISCO, SAN MATEO Rates
& SANTA CLARA Fringes
AREA B: ALPINE, AMADOR, BUTTE, CALAVERAS, COLUSA, Soft Floor Layer $ 37.25
EL DORADO, - 13.38
FRESNO, GLENN, KINGS, LASSEN, MADERA, MARIPOSA,
MERCED, MODOC,
MONTEREY, NAPA, NEVADA, PLACER, PLUMAS, SANCRMENTO, PLAS0066-002 07/01/2003
SAN BENITO,
SAN JOAQUIN, SANTA CRUZ, SIERRA, SHASTA, SISKIYOU, ALAMEDA, CONTRA COSTA, SAN MATEO AND SAN FRANCISCO
SOLANO, COUNTIES:
SONOMA, STANISLAUS; TEHAMA, TRINITY, TULARE,
TUOLUMNE, YOLO & Rates
YUBA COUNTIES Fringes
Rates Plasterer $ 30.86
Fringes 13.80
Parking Lot Striping/Highway
Marking: PLAS0300-001 07/01/2006
GROUP 1
Area A $ 20.69 Rates
11.33 Fringes
Area B - $ 19.69
11.33 Plasterer
GROUP 2 AREA 188: Fresno, Kings,
Area A $ 22.89 Madera Counties $ 27.41
11.33 11.62
Area B $ 21.89 AREA 224: San Benito,
11.33 Santa Clara, Santa Cruz $ 31.92
GROUP 3 11.58
Area A $ 24.04 AREA 295: Calaveras & San
11.33 Joaquin Couonties $ 30.78
Area B $ 23.04 12.34
11.33 AREA 337: Monterey County..$ 28.56
GROUP 4 11.58
Areas A & B $ 18.88 AREA 429: Mariposa,
8.31 Merced, Stanislaus,
Tuolumne Counties - $ 30.78
PARKING LOT STRIPING / HIGHWAY MARKING 12.54
CLASSIFICATIONS' .
GROUP 1: TRAFFIC CONTROL PERSON II: Delineating PLAS0300-005 07/01/2005
Device
Application, Installation and Removal of signs, Rates
markers, Fringes
delineators, and Crash Cushions
Cement Mason $ 29.58
GROUP 2: FLAGPERSON 9.78
CROUP 3: STRIPER: Layout and application of
painted traffic
stripes and marking; hot thermo plastic; tape,
traffic.'
stripes and markings
GROUP 4: GAMECOURT 6 PLAYGROUND INSTALLER
* PLUM0036-001 07/01/2006
AREA 1: CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN,
STANISLAUS,
TUOLUMNE
AREA 2: FRESNO,
KINGS, MADERA
PA,IN1237-003 07/01/2006 Rates
Fringes
CALAVERAS;.SAN JOAQUIN COUNTIES; STANISLAUS AND
TUOLUMNE Plumber and-steamfitter
COUNTIES: Area 1 $ 31.50
15.18
Rates Area 2 5 30.00
Fringes 15.18
PLUM0036-004 01/01/2006
FRESNO, MERCED, SAN JOAQUIN COUNTIES
Rates
Fringes
BUILDING CONSTRUCTION
PIPE TRADESMAN $ 13.00
7.30
SCOPE OF WORK Installation of corrugated metal
piping for
drainage, as well as installation of corrugated
metal
piping for culverts in connection with storm
sewersand
drains; Grouting, dry packing and diapering of
joints,
holes or chases including paving over joints, in
piping;
Temporary piping for dirt work for building site
preparation; Operating jack hammers, pavement
breakers,
chipping guns, concrete saws and spades to cut
holes,
chases and channels for piping systems; Digging,
grading,
backfilling and ground preparation for all types
of pipe to
all points of the jobsite; Ground preparation
including
ground leveling, layout and planting
trees
and ground cover, including watering, mowing,
edging,
pruning and fertilizing, the breaking of concrete,
digging,
backfilling and tamping for the preparation and
completion
of all work in connection. with lawn sprinkler and
landscaping; Loading, unloading and distributing
materials
at jobsite; Putting away materials in storage bins
in
jobsite secure storage area; Demolition of piping
and
fixtures for remodeling and additions; Setting up
and
tearing down work benches, ladders and job shacks;
Clean-up
and sweeping of jobsite; Pipe wrapping and
waterproofing
where tar or similar material is applied for
protection of
buried piping; Flagman
of shrubbery,
PLUM0036-009 07/01/2005
MONTEREY AND SANTA CRUZ COUNTIES
Rates
Fringes
Plumber and steamfitter $ 33.75
15.18
PLUM0038-001 07/01/2005
SAN FRANCISCO COUNTY
Rates
Fringes
Plumber
(1) Work on wooden frame
structures 5 stories or
less excluding high-rise
buildings and commercial
work such as hospitals,
prisons, hotels and schools.$ 34.40
23.21
(2) All other work $ 43.00
24.73
PLUM0038-005 07/01/2005
SAN FRANCISCO COUNTY
Rates
Fringes
Landscape/Irrigation Fitter....5 32.91
11.38
* PLUM0159-001 07/01/2006
CONTRA COSTA COUNTY
Rates
Fringes
Plumber and steamfitter-
(1) Construction of motels
under 4 stories $ 30.66
13.49
(2) All other work $ 39.96
20.85
PLUM0342-001 07/01/2005
ALAMEDA 6 CONTRA COSTA
Fringes
COUNTIES
Rates
Pipefitter
CONTRA COSTA COUNTY $ 38.01
22.84
Plumber, Pipefitter,
Steamfitter
ALAMEDA COUNT`S $ 38.01
22.89
PLUM0355-004 07/01/2006
ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS,
MADERA,
MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN,
SAN MATEO,
SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE
COUNTIES:
Rates
Fringes
Underground Utility Worker
/Landscape Fitter $ 23..75
7.75
PLUM0393-001 07/01/2005
SAN BENITO AND SANTA CLARA COUNTIES
Rates
Fringes
Plumber/Pipefitter $ 44.91
15.33
MONTEREY,. SAN BENITO, SANTA CLARA, AND SANTA CRUZ
COUNTIES:
* PLOM0467-001 07/01/2006
Rates
SAN MATEO COUNTY Fringes
Rates Roofer (including Built Up,
Fringes Composition and Single Ply)
Journeyman $ 28.68
Plumber/Pipefitter/Steamfitter 9.79
(1) Refrigeration & Air Kettleman. (2 kettles),
Conditioning $ 46.85 Bitumastic Enameler, Coal
17.11 . Tar, Pitch & Mastic $ 30.68
(2) All Other Work $ 47.80 9.79
16.96
ROOF0027-002 07/01/2006
FRESNO, KINGS, AND MADERA COUNTIES
* SFCA0483-001 08/0.1/2006
ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND
SANTA CLARA
COUNTIES:
Rates
Fringes Rates
Fringes
Roofer $ 24.65
7.45
Sprinkler Fitter (FIRE) . . . . . . ..$ 41.94
16.80
FOOTNOTE: Work with pitch, pitch base of pitch
impregnated
products or any material containing coal tar SFCA0669-011 04/01/2006
pitch, on any
building old or new, where both asphalt and CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED,
pitchers are MONTEREY,
used in the application of a built-up roof or tear SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND
off: TUOLUMNE
$2.00 per hour additional. COUNTIES:
ROOF0040-002 08/01/2004 Fringes
SAN FRANCISCO & SAN MATEO COUNTIES:
Rates
Fringes
Roofer (including Built Up,
Composition and Single Ply)....$ 24.27
13.20
Rates
Sprinkler Fitter (FIRE). $ 30.15
13.15
• SHEE0104-001 07/01/2006
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN
MATEO, SANTA
CLARA
ROOF0081-001 02/01/2006 AREA 2: MONTEREY, SANTA CRUZ & SAN BENITO
ALAMEDA AND CONTRA COSTA COUNTIES: Rates
Fringes
Fringes
Roofer (including Built Up,
Composition and Single Ply)
12.45
Rates
S 26.65
ROOF0081-004 08/01/2004
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS
AND
TUOLUMNE COUNTIES: * SHEE0104-015 07/01/2006
Sheet metal workers
AREA 1:
Mechanical Contracts
under $200,000 $ 37.22
17.90
All Other Work $ 40.80
19.00
AREA 2 $ 34.00
15.43
Rates ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN
Fringes FRANCISCO, SAN
MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES:
Roofer (including Built Up,
Composition and Single Ply). . .$ 20.72 Rates
7,99 - Fringes
ROOF0095-002 08/01/2004
Sheetmetal Worker
Metal Decking and Siding
only $ 32.15
17.69
* SHEE0162-001 07/01/2006
CALAVERAS AND SAN JOAQUIN COUNTIES:
Rates
Fringes
Sheet metal worker $ 28.11
15.03
SHEE0162-003 01/01/2006
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES:
Rates
Fringes
Sheet metal worker (Excluding
metal deck and siding) $
15.31
29.00
SHEE0162-004 06/01/2006
FRESNO, KINGS AND MADERA COUNTIES:
Rates
Fringe's
Sheet metal worker $ 29.89
16.71
SHEE0162-013 07/01/2005
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA
SAN
JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:
Rates
Fringes
Sheetmetal worker (Metal
decking and siding only) $ 32.84
15.20
MERCED,
TEAM0094-001 07/01/2006
Fringes
Truck drivers:
GROUP 1 $ 24.63
GROUP 2 $ 24.93
GROUP 3 $ 25.23
GROUP 4 $ 25.58
GROUP 5 $ 25.93
16.34
16.34
16.34
16.34
16.34
Rates
FOOTNOTES:
Articulated dump truck; Bulk cement spreader -(with
or without
auger); Dumperete truck; Skid truck (debris box);.
❑ry
pre -batch concrete mix trucks; Dumpster or similar
type;
Slurry truck: Use dump truck yardage rate.
Heater planer; Asphalt burner; Scarifier burner;
Industrial
lift truck (mechanical tailgate); Utility and
clean-up
truck: Use appropriate rate for the power unit or
the
equipment utilized.
TRUCK DRIVER CLASSIFICATIONS '
GROUP 1: Dump trucks, under 6 yds.; Single unit
flat rack (2-
axle unit); Nipper truck (when flat rack truck is
used -
appropriate flat rack shall apply); Concrete pump
truck
(when flat rack truck is used appropriate flat
rack shall -
apply); Concrete pump machine; Fork lift and lift
jitneys;
Fuel and/or grease truck driver or fuel person;
Snow•buggy;
Steam cleaning; Bus or personhaul driver; Escort
or pilot
car driver; Pickup truck; Teamster oiler/greaser
and/or
serviceperson; Hook tender (including loading and
unloading); Team, driver; Tool room attendant
(refineries)
GROUP 2: Dump trucks, 6 yds. and under 8 yds.;
Transit
mixers, through 10 yds.; Water trucks, under 7,000
gals.;
Jetting trucks, under 7,000 gals.; Single -unit
flat rack
(3 -axle unit); Highbed heavy duty transport;
Scissor truck; -
Rubber -tired muck car (not self -loaded); Rubber -
tired truck
jumbo; winch truck and "A" frame drivers;
Combination winch
truck with hoist; Road oil truck or bootperson;
Buggymobile; Ross, Hyster and similar straddle
carriers;
Small rubber -tired tractor
GROUP 3: Dump trucks, 8 yds. and including 35
yds.; Transit
mixers, over 10 yds.; Water trucks, 7,000 gals.
and over;
Jetting trucks, 7,000 gals. and over; Vacuum
trucks under
7500 gals. Trucks towing tilt bed or flat bed pull
trailers; Lowbed heavy duty transport; Heavy duty
transport
tiller person; Self- propelled street sweeper with
self-contained refuse bin; Boom truck - hydro -lift
Or
Swedish type extension or retracting crane; P.B.
or similar
type -self -loading truck; Tire repairperson;
Combination
bootperson and road oiler; Dry distribution truck
(A
bootperson when employed on such equipment, shall
receive
the rate specified for the classification of road
oil
trucks or bootperson); Ammonia nitrate
distributor, driver
and mixer; Snow Go and/or plow
GROUP 4: Dump trucks, over 35 yds. and under 65
yds.; water
pulls - DW 10's, 20's, 21's and other similar
equipment
when pulling Aqua/pak or water tank trailers; '
Helicopter
pilots (when transporting men and materials);
Lowbedk Heavy
Duty Transport up to including 7 axles; DW10's,
20's, 21's
)
and other similar Cat type, Terra Cobra,
LeTourneau Pulls,
Tournorocker, Euclid and similar type equipment
when
pulling fuel and/or grease tank trailers or other
miscellaneous trailers; Vacuum Trucks 7500 gals
and over
and truck repairman
GROUP 5: Dump trucks, 65 yds. and over; Holland
hauler; Low
bed Heavy Duty Transport over 7 axles
WELDERS - Receive rate prescribed for craft
performing
operation to which welding is incidental.
Unlisted classifications needed for work not
included within
the scope of the classifications listed may be added
after
award only as provided in the labor standards
contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means
that rates
listed under the identifier do not reflect
collectively
bargained wage and fringe benefit rates. Other
'designations
indicate unions whose rates have been determined to
be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1. ) Has there been an initial decision in the
matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
a Wage and Hour Division letter setting forth a
position on
a wage determination matter
a conformance (additional classification and
rate) ruling
On survey related matters, initial contact,
including requests
for summaries of surveys, should be with the Wage
and Hour
Regional Office for the area in which the survey was
conducted
because those Regional Offices have responsibility
for the
Davis -Bacon survey program. If the response from
this initial
contact is not satisfactory, then the process
described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the
formal
process described here, initial contact should be
with the
Branch of Construction Wage Determinations. Write
to:
Branch of Construction Wage Determinations.
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question. in 1.) is yes,
then an
interested party (those affected by the action) can
request
review and reconsideration from the Wage and Hour
Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue,. N.W.
Washington, DC 20210
The request should be accompanied by a full
statement of the
interested party's position and by any information
(wage
payment data, project description, area practice
material,
etc.) that the requestor considers relevant to the
issue.
3.) If the decision of the Administrator is not
favorable, an •
interested party may appeal directly to the
Administrative
Review Board (formerly the Wage Appeals Board).
Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board
are final.
END OF GENERAL DECISION
1
I
11
1
1
1
1
1
i
CONTRACT BOOK
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
CITY OF SAN MATEO, CALIFORNIA
CITY COUNCIL AWARD
CONTRACT DRAWINGS NO. 2-15-56 (11 sheets)
TIME OF COMPLETION: 35 Working Days
CONTENTS
NOTICE INVITING SEALED PROPOSALS
BID PROPOSAL FORMS
PROPOSAL FORM
SCHEDULE OF BID ITEMS
SUBCONTRACTING REQUIREMENTS AND LIST OF SUBCONTRACTORS
BIDDER'S STATEMENT
GUARANTY
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
NON -COLLUSION AFFIDAVIT
DEBARMENT AND SUSPENSION CERTIFICATION
NON -LOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS
DISCLOSURE OF LOBBYING ACTIVITIES
LOCAL AGENCY BIDDER DBE INFORMATION
DBE INFORMATION -GOOD FAITH EFFORTS
CERTIFICATE OF NON-DISCRIMINATION
CERTIFICATE OF PAYMENT OF PREVAILING WAGE SCALE
CERTIFICATE OF REQUIREMENT TO PAY WORKERS' COMPENSATION
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
Q:\pwW WENG\A CON IRS\2006\Alameda Reconstruction\Contract.doc
7/31/2006
SPECIAL PROVISIONS (Note: Engineer's Specifications based on State of California Standard
Specifications and Plans dated July 2002)
Sections
1 Specifications and Plans
1-1.01 General
1-1.02 Definitions and Terms
1
I
I
1
I
1
2 Proposal Requirements, Conditions and Non -Discrimination Guidelines
2-1.01 General
2-1.01A Federal Lobbying Restrictions
2-1.02 Examination of the Plans, Specifications, and Site of Work
2-1.03 Employment of Apprentices
2-1.04A Non -Discrimination Policy
2-1.04B Lowest Responsible Bidder
2-1.04C Standards of Non -Discrimination
2-1.04D Certificate of Non -Discrimination
2-2.01 Disadvantaged Business Enterprise (DBE)
3 Submission of DBE Information and Award and Execution of Contract
3-1.01 General
3-1.OIA DBE Information
3-1.02 Award of Contract
3-1.03 Subcontracts
3-1.04 Changes Initiated by the Agency
3-1.05 Contract Bonds
3-1.06 Liability Insurance
3-1.07 Hold Harmless and Indemnity Provision
4 Beginning of Work, Time of Completion, and Liquidated Damages
4-1.01 General
4-1.02 Commencement of Work
4-1.03 Construction or Fabrication and Delivery Schedule
4-1.04 Delays and Extensions of Time
4-1.05 Pre -Construction Conference
4-1.06 Time of Completion
4-1.07 Liquidated Damages
4-1.08 Location of Utilities
4-1.09 Traffic and Access
4-1.10 Public Safety
4-2
4-2.01 Substantial Completion of Work
4-2.02 Acceptance of Contract
4-2.03 Final and Close Out Billing
5 General
5-I Miscellaneous
5-1.01 Encroachment Permit
5-1.02 Prevailing Wage and Weekly Certified Payroll Submission
5-1.03 Hours of Labor
5-1.04 Labor Nondiscrimination
5-1.05 Year 2000 Compliance
5-1.06 Removal of Asbestos and Hazardous Substances
1
Q:\pwW WENG\A_CONTRS\2006\Alameda Reconstruction\Contract.doc
2
7/31/2006
U
I
I
I
1
i
I
1
5-1.07 San Mateo Business License Guidelines
5-1.08 Notice of Potential Claim
5-1.09 Attorney Fees
5-1.10 Payment
5-1.10A General
5-1.10B No (0%) Retention
5-1.1OC Partial and Final Payments
5-1.10D Prompt Progress Payment to Subcontractors
5-1.10E Prompt Payment of Withheld Funds to Subcontractors
5-1.11 Mediation
5-1.12 Arbitration
5-1.13 Mobilization
5-1.14 Subcontractor and DBE Records
5-1.15 DBE Certification Status
5-1.16 Performance of DBE Subcontractors and Suppliers
5-1.17 Subcontracting
5-2 Control of Work
5-2.01 Surveying
5-2.02 Measurements and Quantities
5-2.03 Cooperation and Collateral Work
5-2.04 Protection and Restoration of Existing Improvements
5-2.05 Record of Existing Traffic Control and Temporary Markers
6 Blank
7 Water Pollution
8 Materials
8-1 Buy America Requirements (N/A)
8-2 State Furnished materials (None)
8-3 Recycling Requirements
9 Description of Work
10 Construction Details
10-1.01 Order of Work
10-11 Mobilization
10-I1.OlA General
10-11.O1B Progress Schedule
10-11.01C Weekly Project Meetings
10-11.03 Site Protection and Appearance
10-12 Construction Area Traffic Control Devices
10-12.01 Construction Area Signs
10-12.02 Public Conveniences and Access
10-12.02A Driveway Access
10-12.3 Traffic Control System
10-12.4 Temporary Pavement Delineation
10-12.4A General
10-12.4B Temporary Traffic Stripe (Tape)
10-12.4C Temporary Pavement Marking (Tape)
10-15 Existing Highway Facilities
10-15.01 General
10-15.02 Coordinate With Utilities
10-15.03 Saw Cutting
10-15.04 Install, Replace, and Relocate Roadside Sign
Q:\pw\PW[NO\A CONTRS\2006\Alameda RC onstructlun\Conlnct.doc
3
7/31/2006
I
1
r
1
I
1
10-15.05 Potholing
10-15.06 Adjust Storm Drain and Sanitary Sewer Manhole to Grade
10-15.07 Adjust Traffic Boxes, Utility Boxes and Lids in Sidewalk Area to Grade
10-15.08 Adjust Survey Monument Cover to Grade
10-15.09 Remove Curb and Gutter
10-15.10 Remove Concrete Sidewalk, Driveway, Ramps
10-15.13 Remove Asphalt Concrete Paving on Aggregate Base
10-19 Earthwork
10-20 Erosion Control
10-26 Aggregate Base
10-39 Asphalt Concrete
10-39.02 Plane Asphalt Concrete Pavement (Grinding)
10-39.03 Asphalt Concrete
10-39.04 Asphalt Concrete Overlay
10-39.04.3 Pavement Reinforcing Fabrics
10-51 Concrete Structures
10-51.01 General
10-51.02 Class 2 Concrete (Minor Concrete)
10-51.04 Class 3 Concrete
10-51.04A Curb and Gutter
10-51.04B Concrete Sidewalk
10-64 Plastic Pipe
10-64.01 PVC Storm Drain Pipe
10-64.02 Underdrains
10-64.03 Replace/Extend Sidewalk Curb Drain
10-68 Class 2 Permeable Material
10-84 Thermoplastic Traffic Stripes and Pavement Markings
10-86 Signals, Lighting and Electrical Systems
10-86.01 Description
10-86.01.2 Detector Loops
Q \pwWWENGU CONTRS\2006\Alameda Reconstruction \ Contract doc 4
7/31/2006
1
1
1
1
1
1
1
1
1
1
1
1
1
I
1
1
1
1
1
14 Federal Requirements
APPENDIX I AGREEMENT FOR PUBLIC IMPROVEMENT
APPENDIX II FEDERAL MINIMUM WAGES DEPARTMENT OF LABOR
DECISION NUMBER CA 20030029 MODIFICATION NUMBER 33
APPENDIX III SAMPLE NOTICE LETTER
APPENDIX IV CERTIFICATION OF PAYMENT TO SUBCONTRACTORS AND
SUPPLIERS
APPENDIX V CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT
APPENDIX VI UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS
PAYEMENT
APPENDIX VII RECYCLING DIVERSION SUMMARY FORM
Q\pwPWENGW CONTRS@006WIameda Reconstruction \ Contract (too
5
7/31/2006
I
I
I1
I
I
I
I
t
1
I
1
I
NOTICE INVITING SEALED PROPOSALS
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
CITY OF SAN MATEO, CALIFORNIA
1. Sealed bids will be received by the City Council of the City of San Mateo, California, for ALAMEDA
DE LAS PULGAS REHABILITATION and other work as shown on the Contract Drawings
No. 2-15-57 and as described in this Contract Book and the State of California, Department of
Transportation Standard Specifications and Standard Plans dated July 2002. The work described
requires that the bidder be licensed by the State of California as a Class A Contractor license at the
time this contract is awarded.
2. The Contract Book, plans, and proposal forms are available at the Public Works Department, City
Hall, 330 West 20th Avenue, San Mateo, California. A non-refundable fee of $30 per set is required if
picked up or $40 for each set if mailed. Any questions regarding the contract documents should be
directed to Otis Chan, Senior Engineer at 650/522-7305, or in writing at the above address.
3. The estimated construction cost of this project is $750,000.00. This estimate is not based on a
"contractor's cost take off' of the project, but is derived from an averaging of costs for work on similar
projects in the area of which the City is aware. This figure is given to indicate the relative order of
magnitude of this project and is not intended to influence or affect in any way the amount bid for this
project.
4. This contract is subject to state contract nondiscrimination and compliance requirements pursuant to
Government Code, Section 12990.
5. All bids shall be accompanied by a bid bond, cashier's check, or certified check made payable to the
City of San Mateo in an amount not less than ten percent (10%) of the aggregate amount of the bid.
6. Contractor is notified that he shall comply with the requirements for Non -Discrimination as set forth in
Section 2, "Proposal Requirements, Conditions, and Non -Discrimination Guidelines," in the Special
Provisions.
7. Addenda issued during the time of bidding shall become a part of the documents furnished bidders for
the preparation of bids, shall be covered in the bids, and shalt be made a part of the Contract. Each
bid shall include specific acknowledgement in the space provided of receipt of all Addenda issued
during the bidding period. Failure to so acknowledge may result in the bid being rejected as not
responsive. Failure of any bidder to receive such Addenda shall not be grounds for non-compliance
with the terms of the instructions. It is the responsibility of the contractor to contact the City to
determine the existence of any and all addenda.
8. The time of completion for this contract shall be thirty-five (35) working days, beginning from the
date specified in the Notice to Proceed.
9. This contract is subject to the Disadvantaged Business Enterprise (DBE) Program in accordance with
Title 49 of the Code of Federal Regulations (CFR), Part 26. Bidders are advised that, as required by
Federal law, the State has established a statewide DBE goal. This City of San Mateo federal -aid
contract is considered to be part of the statewide overall goal. The City of San Mateo is required to
report to Caltrans on DBE participation for all Federal -aid contracts each year so that attainment
efforts may be evaluated. To provide assistance in meeting the statewide goal, the City has calculated
a DBE Availability Advisory of 11.7 percent Bidders need not achieve this percentage as a condition
of award.
Q.\pwWWENGW CONTRS\20061Alanreda Reconstruction \ Contract doc
6 7/31/2006
I
I
r
I
I
I
1
I
I
The DBE Program requires Prompt Payment to contractors and subcontractors; therefore, no retainage
will be held by the City from progress payments due to the prime contractor. In addition, prime
contractors and subcontractors are prohibited from holding retainage from subcontractors. Contractors
will be required to submit certification that payment without withholding of retainage, has been made
to all lower tier subcontractors and suppliers furnishing service or materials within the payment period,
within 10 days of receipt of payment. The City will holdback final payment to the contractor pending
completion of punch list items and receipt of unconditional lien releases.
10. A pre -bid meeting is not scheduled for this project.
1 1. The City will ensure that in any contract entered into pursuant to this advertisement, disadvantaged
business enterprises will be afforded full opportunity to submit bids in response to this invitation.
12. This project is subject to the "Buy America" provisions of the Surface Transportation Assistance Act
of 1982 as amended by the Intermodal Surface Transportation Efficiency Act of 1991.
13. The right is reserved, as the interest of the City may require, to reject any or all bids, to waive any
informality in bids, and to accept, modify, or reject any items of the bid, or in the case of a single bid
being received to extend the acceptance date by up to thirty (30) days with notice. The City of San
Mateo is a charter City and any contract entered into is subject to the provisions of the City of San
Mateo Charter, which may supersede certain provisions of the public Contract Code and other
provision of state law.
14. In general, the prevailing wage scale, as determined by the Director of Industrial Relations of the State
of California, in force on the day this bid was announced or determined by the administrator of the
Wage and Hour Division, U.S. Department of Labor, in force on the day bids are opened, whichever
is higher; will be the minimum paid to all craftsmen and laborers working on this project. In some
cases, prevailing wage determinations have either a single asterisk (*) or double asterisks (**) after the
expiration date in effect on the date of advertisement for bids.
In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date
which are in effect on the date of advertisement for bids, such determinations remain in effect for the
life of the project. Prevailing wage determinations which have double asterisks (**) after the
expiration date indicate that the basic hourly wage rate, overtime, and holiday pay rates, and employer
payments to be paid for work performed after this date have been predetermined. If work is extended
past this date, the new rate must be paid and should be incorporated in contracts the Contractor enters
into.
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or
counties, in which the work is to be done have been determined by the Director of the California
Department of Industrial Relations. The wages as set forth in the General Prevailing Wage Rates for
this project will be posted at the job site. It is understood that it is the responsibility of the bidder to
determine the correct scale. The City will keep a copy of the wage scale in the City Clerk's office for
the convenience of bidders. The State Prevailing Wage Rates may also be obtained from the
California Department of Industrial Relations intemet web site at http://www:dir.ca.gov. Any errors or
defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the
actual scale then in force. The Federal minimum wage rates for this project as predetermined by the
United Sates Secretary of Labor are set forth in Appendix IV.
Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of
"Proposal and Contract" books. Future effective general prevailing wage rates which have been
predetermined and are on file with the California Department of Industrial Relations are referenced but
not printed in the general prevailing wage rates.
Qdpw\PWENG\A COMRS\2006\Alameda Reconstruction \Contract doc
7
7/31/2006
1
I
r
1
1
1
i
I
1
i
i
1
1
1
1
1
1
1
Attention is directed to the Federal minimum wage rate requirements in the books entitled "Proposal
and Contract." If there is a difference between the minimum wage rates predetermined by the
Secretary of Labor and the general prevailing wage rates determined by the Director of the California
Department of Industrial Relations for similar classifications of labor, the Contractor and
Subcontractor shall not pay less than the higher wage rate. The Department will not accept lower
State wage rates not specifically included in the Federal minimum wage determinations. This includes
"helper" (or other classifications based on hours of experience) or any other classification not
appearing in the Federal wage determinations. Where Federal wage determinations do no contain the
State wage rate determination otherwise available to use by the Contractor andsubcontractors, the
Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most
closely approximates the duties of the employees in ,question.
The U.S. Department of Transportation (DOT) provides a toll -free "hotline" service to report bid
rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m.
and 5:00 p.m., eastern time, Telephone No. 1-800-424-9071. Anyone with knowledge of possible bid
rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report these
activities. The "hotline" is part of the DOT's continuing effort to identify and investigate highway
construction contract fraud and abuse and is operated under the direction of the DOT Inspector
General. All information will be treated confidentially and caller anonymity will be respected.
15. Said sealed proposals shall be delivered to the City Clerk, City Hall, 330 West 20th Avenue, San
Mateo, California 94403, at or before 2:00 p.m., August 22, 2006, and they shall be opened and read
by a City Representative at said date and time at a public meeting called by him.
16. Said City Representative shall report the results of the bidding to the City Council at a later date, at
which time the City Council may award the contract to the lowest responsible bidder as so reported; or
as the City's interest may dictate, City Council may exercise its right to modify the award or to reject
any or all bids. Any protests to award of contract shall follow the procedures outlined in City Council
Resolution No. 61, dated June 7, 2004.
Dated: July 29, 2006 /s/John Lee, MAYOR
0:tpw\P WENG\A CONTRS\2006\Alameda ReconstmctiontComract.doc
8
7/31/2006
I
I
I
1
r
I
I
I
I
PROPOSAL FORM
(Entire proposal to be submitted as sealed bid.)
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
TO THE HONORABLE CITY COUNCIL
CITY OF SAN MATEO, CALIFORNIA
DEAR COUNCIL MEMBERS:
FOR THE TOTAL SUM OF (use figures only) computed from the unit and/or lump sum
prices shown on the attached schedule of bid items, the undersigned hereby proposes and agrees that if this
proposal is accepted he will contract with the City of San Mateo, California, to furnish all labor, materials,
tools, equipment, transportation, and all incidental work and services required to complete all items of work
shown in the contract documents. All work shall conform to the lines, grades, and dimensions shown on said
drawings and shall be done in accordance with this Contract Book and the State of California Department of
Transportation Standard Specifications and State Standard Plans dated July 2002.
The work for which this proposal is submitted is for construction in conformance with the special provisions
(including the payment of not less than the State general prevailing wage rates or Federal minimum wage rates,
whichever is higher, the project plans described below, including the addenda thereto, the contract annexed
hereto, and also in conformance with the California Department of Transportation Standard Plans dated July
2002, the Standard Specifications dated July 2002 and the Labor Surcharge and Equipment Rental rates in
effect on the date the work is accomplished.
This proposal is also subject to the terms and conditions of the attached LIST OF SUBCONTRACTORS and
BIDDER'S STATEMENT.
ADDENDA — This proposal is submitted with respect to the changes to the contract included in the addenda
number/s
By my signature on this proposal I certify, under penalty of perjury under the laws of State of California, that
the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are.
true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair
Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code).
By my signature on this proposal I further certify under penalty of perjury under the laws of State of California
and United States of America, that Non Collusion Affidavit required by Title 23 United States Code, Section
112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment
and Suspension Certification are true and correct.
The work shall be paid for at the unit and/or lump sum prices shown on the attached SCHEDULE OF
BID ITEMS.
Contractor's Signature Date
Name of Company
( )
Phone Number
( )
Fax Number
Q:\pw\PWENGt\ CONTRS\2006\glameda Reconstruction \Contmetdoc
9 7/31/2006
I
U
I
1
I
I
I
I
r
I
I
I
I
1
1
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total
of all items.
The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each
lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that
purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the
product of the unit price bid and the estimated quantity for the item.
In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall
prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same
as the amount as the entry in the item total column, then the amount set forth in the item total column
for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus
obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a
factor of ten, one hundred, etc., or one -tenth, or one -hundredth, etc. from the entered total, the
discrepancy will be resolved by using the entered unit price or item total, whichever most closely
approximates percentagewise the unit price or item total in the City of San Mateo's Final Estimate of
cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be
deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is
omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear,
readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical significance in
establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be
interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have
no significance in establishing any unit price or item total since all figures are assumed to be expressed in
dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price
for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover
every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not
specifically provided for will be determined in the discretion of the City of San Mateo, and that discretion will
be exercised in the manner deemed by the City of San Mateo to best protect the public interest in the prompt
and economical completion of the work. The decision of the City of San Mateo respecting the amount of a bid,
or the existence or treatment of an irregularity in a bid, shall be final.
If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the
2 bonds in the sums required by the State Contract Act, with surety satisfactory to the City Of San Mateo,
within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from
the City of San Mateo that the contract has been awarded, the City of San Mateo may, at its option, determine
that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null
and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the
property of the City of San Mateo.
By my signature on this proposal, as bidder, declares that the only persons or parties interested in this proposal
as principals are those named herein; that this proposal is made without collusion with any other person, firm,
or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of
contract, and the plans therein referred to; and he proposes, and agrees if this proposal is accepted, that he will
contract with the City of San Mateo, in the form of the copy of the contract annexed hereto, to provide all
necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all
the materials specified in the contract, in the manner and time therein prescribed, and according to the
requirements of the Engineer as therein set forth, and that he will take in full payment therefor the following
prices, as shown on the schedule of bid items.
Q *Rw\eWENGa CONfRS2W61Ahmeds Reconstruction'Contract dot
10
7/31/2006
I
I
I
1
I
1
I
I
I
I
I
I
I
I
I
SCHEDULE OF BID ITEMS
(To be submitted with Proposal Form)
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
ITEM
NO.
DESCRIPTION OF WORK
EST. QTY.
UNIT
UNIT
PRICE
TOTAL
COST
1
Mobilization
1
LS
$
$
2
Construction Area Signs
6
EA
$
$
3
Traffic Control System
1
LS
$
$
4
Remove and replace type 'A' Curb & Gutter
510
LF
$
$
5
Remove and replace AC paving and AB/dirt
including saw cutting (See plans more
details/depth)
9,700
SF
$
$
6
Adjust Utility Boxes and Lids to Grade
1
LS
$
$
7
Adjust Storm Drain and Sanitary Sewer
Manholes to Grade
6
EA
$
$
8
Remove and replace sidewalk and/or driveway
950
SF
$
$
9
Class 2 Permeable Material
1,300
TON
$
$
10
Asphalt Concrete Pavement (4" to 6" deep)
280
TON
$
$
1 1
Plane Asphalt Concrete Pavement (2")
109,000
SF
$
$
12
Final lift of Asphalt Concrete Overlay (2")
2,000
TON
$
$
13
Furnish and Construct 36" City Standard
storm drain manhole
7
EA
$
$
14
City Standard Storm Drainage Basin
2
EA
$
$
15
Storm Drain Pipe 12" C900-DR18
1,360
LF
$
$
16
Storm Drain Pipe Connection to Existing
Structure
7
EA
$
$
17
Storm Drain Cleanout
6
EA
$
$
18
Adjust Survey Monument Cover to Grade
3
EA
$
$
19
Painting of Curb
300
LF
$
$
20
6" Perforated Underdrain
440
LF
$
$
21
4" Perforated Underdrain
34
LF
$
$
22
Storm Drain Pipe 4" PVC SDR-26
15
LF
$
$
23
Install, Repair and Relocate Road Sign
1
EA
$
$
24
Install 12" wide white thermoplastic stop
bar/limit line
640
LF
$
$
25
Install 12" wide yellow thermoplastic stop
bar/limit line
1,500
LF
$
$
26
Install yellow thermoplastic zebra crosswalk
300
SF
$
$
27
Install `STOP' thermoplastic pavement
legend
15
EA
$
$
28
Install detail 10
2,400
LF
$
$
29
Install detail 23
900
LF
$
$
I
Q:\pwWWENGV _CONTRS\20061AUmeda Reconsuucnon\Conan doc
I1
7/31/2006
1
1
I
1
I
1
1
I
1
I
1
30
Install blue reflector
7
EA
$
$
31
Install type IV (R) thermoplastic arrow
2
EA
$
$
32
Install type IV (L) thermoplastic arrow
2
EA
$
$
33
Install type 'C' traffic detector loop.
Connect all wire as necessary
2
EA
$
$
34
Install '30' thermoplastic pavement legend
2
EA
$
$
35
Install 'SLOW SCHOOL XING'
thermoplastic pavement legend
I
SET
$
$
36
Install hand hole
I
EA
$
$
37
Utility Coordination
1
LS
$
$
38
Erosion Control
I
LS
$
$
39
Potholing
28
EA
$
$
40
STOPPP Permit and Implementation of
BMP's
1
LS
$
$
41
Remove tree, stump and roots per plan
1
LS
$
$
42
Custom Precast Concrete Drain Box
1
EA
$
$
Total Bid
$
Q pw\PWENG\A CONTRS\2006Wameda Reconstruction \Contracadoc
12
7/31/2006
I
1
I
1
I
I
1
I
I
SUBCONTRACTING REQUIREMENTS AND LIST OF SUBCONTRACTORS
(To be submitted with Proposal Form)
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
Each bidder acknowledges it is aware and familiar with the requirements related to subletting and
subcontracting set forth in Section 2-1.054 and 8-1.01 of the State Standard Specifications, and in the
Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of.the -Public
Contract Code of the State of California. These requirements include a provision that the Contractor
shall perform, with its own organization, contract work amounting to at least 50 percent of the
contract price. (Note: Also see 5-1.16 Subcontracting)
Each bidder in submitting his bid for the doing of the work or improvement shall in his bid or offer, in
accordance with the provisions of Section 4104 of the Public Contract Code of the State of California,
set forth the following:
1. Name and address of the place of business of each subcontractor who will perform
work or labor or render service to the general contractor in or about the construction
of the work or the improvement in an amount in excess of one-half (1/2) of one
percent (1%) of the general contractor's total bid or $10,000, whichever is greater.
2. The specific work and dollar amount of work which will be done by each
subcontractor.
3. If no portion of the work is to be subcontracted as provided in item 1, insert the word
"none" in the space provided and sign below.
4. On projects with DBE goals, the subcontractor listing requirement, set forth herein on
this "title," is in addition to the DBE subcontractor listing required per Section 3-
1.01A after the bid opening: "Local Agency Bidder- DBE — Information" form. The
two listings must be consistent when the subcontracting amount meets the
appropriate dollar amount thresholds.
NAME
ADDRESS
SPECIFIC
WORK
DOLLAR
AMOUNT
$
$
$
$
Contractor's Signature
Q tpWP WENG'A CONTAS\2006Wameda Reconstruction\Contract.doc
13
7/31/2006
1
1
I
1
I
I
I
I
I
I
BIDDER'S STATEMENT
SHEET 1 OF 3
(To be submitted with Proposal Form)
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
The undersigned has carefully read the STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
Standard Specifications, 2002 Edition, and realizes that any variation or deviation from these specifications,
requirements and conditions shall be sufficient grounds for rejection of all or any part of the work performed.
Such rejected work shall be replaced entirely at the Contractor's expense, and failure to do so within a
reasonable length of time shall be sufficient reason for the withholding of payment for any part of or all of the
work and forfeiture of the Contractor's bond.
The undersigned Contractor's license number and class is Class ( ), and the expiration
date is . Contractor may leave above blank, but information must be provided prior to the
time of award. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall
constitute a failure to execute the contract as provided in Section 10181 of the Public Contract Code and shall
result in the forfeiture of the security of the bidder.
Pursuant to Business and Professions Code Section 7028,15 I, , declare under penalty of perjury
that the foregoing and the statements contained in the bid for the above titled project are true and correct and
that this declaration is made on this day of , 200 , at , California.
The undersigned understands he must meet the requirements of Section 2, "PROPOSAL REQUIREMENTS
CONDITIONS, AND NON-DISCRIMINATION GUIDELINES," of these Special Provisions prior to award
of contract and conform to those guidelines throughout the duration of the contract.
The undersigned understands that this project is subject to the "Buy America" provisions of the Surface
Transportation Assistance Act of 1982 (see section 8.1 of the special provisions).
It is understood that the quantities set forth herein are approximate only and are to be used only for the
comparison of bids and the guidance of the bidder.
If awarded the contract, the undersigned hereby agrees to sign and file an agreement, attached as Appendix I,
together with the necessary bonds, certificate(s) of insurance, related endorsements for general and automobile
liability insurance, and proof of a San Mateo Business License in the office of the City Clerk within eight (8)
days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the City of
San Mateo that the contract has been awarded and to commence work within five (5) days of the date specified
in the notice to proceed, and to complete the work under said contract within the specified number of working
days beginning from the date specified in the notice to proceed. Further, the undersigned agrees to insure that
all subcontractors obtain a San Mateo Business License in accordance with Section 5-1.05 of the Special
Provisions, SAN MATEO BUSINESS LICENSE GUIDELINES. Contractor and all subcontractors also agree
to keep the Business License current for the entire term of the contract.
0.\pw\PWENGU_CONTRS\2006Alameda Reconstruction\Contract doe
14
7/31/2006
BIDDER'S STATEMENT (con't)
SHEET 2 OF 3
(To be submitted with Proposal Form)
ALAMEDA DE LAS PULGAS REHABILITATION
1
t
I
I
I
1
1
I
I
I
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
The undersigned has checked carefully all the figures listed in the Schedule ofBid ;Items and understands that
the City will not be responsible for any errors or omissions on the part of the undersigned in making up this
bid.
Enclosed find bond or certified check or cashier's check No. of the Bank for
. Not less than ten (10) percent of this bid payable to the City of San Mateo, California, and
which is given as a guarantee that the undersigned will enter into the contract if awarded to the undersigned.
The undersigned agrees that this bid may not be withdrawn for a period of forty-five (45) days after the date set
for the opening thereof.
NOTE: IF THE PROPOSAL IS MADE BY AN INDIVIDUAL, HIS NAME AND POST OFFICE
ADDRESS MUST BE SHOWN. IF THE PROPOSAL IS MADE BY A PARTNERSHIP, THE NAME AND
ADDRESS OF EACH MEMBER OF THE FIRM OR PARTNERSHIP MUST BE SHOWN (if more than two
members of a firm or partnership, please attach an additional page; OR IF MADE BY A CORPORATION,
THE PROPOSAL SHALL SHOW THE NAME OF THE STATE UNDER THE LAWS OF WHICH THE
CORPORATION WAS CHARTERED AND THE NAMES, TITLES AND BUSINESS ADDRESSES OF
THE PRESIDENT, SECRETARY AND TREASURER OF SAID CORPORATION.
QApWPWENG\A CONTRS\2006\Alameda ReconstruQlon\Contnct..doc
15
7/312006
1
t
I
I
1
1
1
1
1
1
BIDDER'S STATEMENT (con't)
SHEET 3 OF 3
(To be submitted with Proposal Form)
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
SIGNATURES FOR BIDDER:
If INDIVIDUAL, sign below:
If CORPORATION, sign below (show names
of non -signing officers):
Signature Date
a CORPORATION
Print name
Name of State Where Chartered
Post Office Address
Signature Date
If PARTNERSHIP, sign below (show names of non -
signing partners):
Print name of person signing bid
Title
List names of the following officers:
Signature Date
Name of Partner
PRESIDENT
Post Office Address
SECRETARY
TREASURER
Signature Date
Name of Partner
Post Office Address
Post Office Address (if different)
City State Zip
Business Street Address (please include even if
P.O. Box is used)
City State Zip
Q\pw\PWENGW CONTRS\2006\Alemeda Reconstruction\Contract.doc
16
7/31/2006
GUARANTY
(To be submitted with Proposal Form)
1
1
1
1
1
1
1
1
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
To the City of San Mateo:
FOR CONSTRUCTION OF: ALAMEDA DE LAS PULGAS REHABILITATION, Project No. 462201.
The undersigned guarantees the construction and installation of the following work included in this
project: construction of manholes, installation of storm drain system, installation of perforated pipes,
making base failure repairs, repairing base and sub -base, grinding and overlaying 2" AC, installation of
traffic striping, markings, legends, and incidental work as shown on construction drawing no. 2-18-25 and
the contract book "ALAMEDA DE LAS PULGAS REHABILITATION, City Project No. 462201".
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to
faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to
operate properly as originally intended and in accordance with the plans and specifications, due to any of the
above causes, all within one year (12 months) after the date on which this contract is accepted by the City, the
undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said work to the
condition contemplated in said project, including the cost of any such equipment or materials replaced and the
cost of removing and replacement or materials replaced and the cost of removing and replacing any other work
necessary to make such replacement or repairs, or, upon demand by the City, to replace any such material and
to repair said work completely without cost to the City so that said work will function successfully as originally
contemplated.
The City shall have the unqualified option to make any needed replacement or repairs itself or to have such
replacements or repairs done by the undersigned. In the event City elects to have said work performed by the
undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be
furnished and installed with reasonable time after the receipt of demand from the City. If the undersigned shall
fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all costs and
expenses; including attorneys' fees, reasonably incurred by reason of the said failure or refusal.
Contractor
Date
Q:tpw'PWENGW CONTRs\2006',Alameda ReconslN[tionContract.doc
17
7/31/2006
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
(To be submitted with Proposal Form)
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), bidder hereby declares
under penalty of perjury that the bidder:
❑ has El has not
I
1
1
1
1
1
been convicted within the preceding three years of any offenses referred to in that section, including any charge
of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in
connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public
Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 110, including
the Regents of the University of California or the Trustees of the California State University. The term
"bidder" is understood to include any partner, member, officer, director, responsible managing officer, or
responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a check before "has" or "has not" in one of the boxes provided.
The above statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also
constitute signature of this statement.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Q:\pwWWENGV CONTRS\2006\Alameda Reconstruction \Cantract.doc
IS
7/31/2006
1
1
1
1
I
I
1
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
(To be submitted with Proposal Form)
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
In accordance with Public Contract Code Section 10162, the bidder shall complete, under penalty of perjury,
the following questionnaire:
Has the bidder, any officer of the bidder, or anyemployee of the bidder who has proprietary interest in the
bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal,
state, or local government project because of violation of law or safety regulation?
u Yes ❑ No
If the answer is yes, explain the circumstances in the following space:
Q:\pw\P WENGU_CONTRS\2006Ulameda Reconstruction \Contract doc
19
7/31/2006
1
I
I
I
I
11
I
I
1
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
(To be submitted with Proposal Form)
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury,
that no more than one final unappealable finding of contempt of court by federal court has been issued against
the Contractor within the immediately preceding two year period because of the Contractor's failure to comply
with an order of the National Labor Relations Board.
The above statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also
constitute signature of this statement.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
QI\pw\PWENG\A CONIRS\2006\Alameda Reconstruction \Contract doc
20
7/31/2006
NON -COLLUSION AFFIDAVIT
TITLE 23, UNITED STATES CODE, SECTION 112
(To be submitted with Proposal Form)
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO.462201
1.
1
i
1
1
In accordance with Title 23, United States Code, Section 112 and Public Contact Code .7106,the bidder
declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the
bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has
not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or
any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
Note: The above Statement, Questionnaire, and Non -Collusion Affidavit are part of the Proposal. Signing this
Proposal on the signature portion thereof shall also constitute signature of this Statement, Questionnaire, Non -
Collusion Affidavit.
Bidders are cautioned that making false certification may subject the certifier to criminal prosecution.
Q \pw\PWENG\A CONTRS\2006\Abmeda Reconstruction \Comraadoc
21 7/31/2006
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
(To be submitted with Proposal Form)
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any person associated
therewith in the capacity of owner, partner, director, officer manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by
any federal agency;
2. Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal.
agency within the past 3 years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent
jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space:
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder
responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates
of action.
Note: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also
constitute signature of this certification.
Q\pwWWENGW CONTRS'2006tA6meda ReconstruciontContract. doc
22
7/31/2006
1
I
I
1
i
I
1
I
NON -LOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS
(To be submitted with Proposal Form)
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all
such subrecipients shall certify and disclose accordingly.
0.\pw\PWENG\A CONTRS\2a06Ulameda Reconstruclion\Contrac, doc
23 7/31/2006
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
1. Type of federal action:
❑ a. Contract
b. Grant
c. Cooperative agreement
d. Loan
e. Loan guarantee
f. Loan insurance
2. Status of federal action:
❑ a. Bid/offer/application
b. Initial award
c. Post -award
3. Report type:
U a. Initial
b. Material change
For material change only:
year quarter
date of last report
4. Name and address of reporting entity:
❑ Prime ❑ Subawardee
Tier , if blown
5. If reporting entity in #4 is Subawardee, enter
name and address of prime:
Congressional District, ifknown:
Congressional District, if known:
6. Federal Department/Agency:
7. Federal program name/description:
CFDA number, if applicable:
8. Federal Action Number, if known:
9. Award amount, if known:
$
10. a. Name and address of lobbying entity (if
individual, last name, first name, MI):
(attach Continuation Sheet(s), if necessary)
b. Individuals performing services (including
address if different from #10a) (last name, first
name, MI):
(attach Continuation Sheet(s), if necessary)
1 1. Amount of payment (check all that apply):
$ ❑ actual ❑ planned
13. Type of payment (check all that apply):
❑ a. retainer
7 b. one-time fee
❑ c. commission
❑ d. contingent fee
❑ e. deferred
❑ f other; specify:
12. Form of payment (check all that apply):
❑ a. cash
❑ b. in -kind; specify:
nature
value
14. Brief description of services performed or to be performed and date(s) of service, including officer(s),
employee(s), or member(s) contacted, for payment indicated in item #11:
(attach Continuation Sheet(s), if necessary)
15. Continuation Sheet(s) attached: ❑ Yes ❑ No
16. Information requested through this form is
authorized by Title 31 U.S.C. Section 1352. This
disclosure of lobbying activities is a material
representation of fact upon which reliance was
placed by the tier above when this transaction was
made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will
be reported to the Congress semi-annually and will
be available for public inspection. Any person who
fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Signature:
Print Name:
Title:
Phone No: Date:
Federal Use Only:Authorized for Local Reproduction/Standard Form-LLL
Q \pwWWENG1A CONTRSr2006\Alameda Reconstruction'Contract dac
24
7/31/2006
INSTRUCTIONS FOR COMPLETION OF SF-LLL
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal
recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant
to Title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make
payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with a covered Federal action. Attach a continuation sheet for additional information if the space
on the form is inadequate. Complete all items that apply for both the initial filing and material change report.
Refer to the implementing guidance published by the Office of Management and Budget for additional
information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material
change to the information previously reported, enter the year and quarter in which the change
occurred. Enter the date of the last, previously submitted report by this reporting entity for this
covered Federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional
District if known. Check the appropriate classification of the reporting entity that designates if it is or
expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address,
city, state, and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organization level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item I). If known,
enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative
agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in
item I (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant
announcement number, the contract grant or loan award number, the application/proposal control
number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by a Federal agency,
enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the
reporting entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different
from 10(a). Enter the last name, first name, and middle initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item
4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be
made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative
amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind
contribution, specify the nature and value of the in -kind request.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be
expected to perform and the date(s) of any services rendered. Include all preparatory andrelated
activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or
employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name title and telephone number.
Q:\pw\PWENG\A CONTRS\2006\Alameda Reconstruction \Conunn doc
25
7/31/2006
I
i
I
1
1
i
i
1
i
1
I
1
1
1
1
1
1
1
1
Public reporting burden for this collection of information is estimated to average 30 minutes per response,
including time for reviewing instruction, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send comments regarding the burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to
the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
Q]pw\PWENG\A CONTRSt2006\Alameda Reconstruction \Contract. doc 26
7/31/2006
I
I.
I
I
I
I
I1
1
I
I
LOCAL AGENCY BIDDER - DBE - INFORMATION
The successful bidder must execute and return the LOCAL AGENCY BIDDER — DBE
INFORMATION form, even if no DBE participation will be reported.
AGENCY:
PROJECT DESCRIPTION.:
CONTRACT NUMBER:
FEDERAL -AID PROJECT NUMBER:
CONTRACT AMOUNT:$
SHARE(For local agency to complete):$
BID DATE:
BIDDER'S NAME:.
ADVERTISED DBE CONTRACT AVAILABILITY ADVISORY Percentage
CONTRACT
ITEM. NO. .
ITEM OF WORK AND
DESCRIPTION OR SERVICES TO
BE SUBCONTRACTED OR
MATERIALS TO BE PROVIDED'
DBE CERT. NO. AND
EXPIRATION DATE
NAME OF DBEs'
(Must be certified on the date
bids are opened - include DBE
address and phone number)
DOLLAR
AMOUNT
DBE'
IMPORTANT: Identify all DBE firms being participating in the
project, regardless of tier. Names of the First Tier DBE
Subcontractors and their respective item(s) of work listed above
shall be consistent, where applicable, with the names and items of
work in the "List of Subcontractors" submitted with yotir bid.
Provide copies of the DBE's quotes, and if applicable, a copy of
joint venture agreements pursuant to the Subcontractors Listing
Law and the Special Provisions.
I. Enter DBE prime and subcontractors certification number. Prime contractors shall
indicate all work to be performed by DBEs including work performed by its own forces
2. If 100% of item is not to be performed or furnished by DBE, describe exact portion of
item to be performed or furnished by DBE.
3. See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions
(construction contracts), to determine how to count the participation of DBE firms.
Total Claimed
Participation
$
Signature of Bidder
Date (Area Code) Tel. No.
Person to Contact (Please Type or Print)
LOCATION:
TOTAL
FEDERAL
Local Agency Bidder - DBE Information (Rev 05/01/0
Distribution: (I)Copy - Far immediately to We Callrans District Local Assistance Engineer (DEAF) upon award.
(2)Copy - Include in award package to Ca/irons District Local Assistance
(3)074 -anal - Local agency files
Q:\pvAPWENMA CONIRSt2006Wlameda Reconstruction\Contract doe
27
7/31/2006
1
1
i
1
1
1
1
I
I
1
1
1
1
1
I
I
1
1
1
CERTIFICATE OF NON-DISCRIMINATION
(To be submitted with Proposal Form)
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
On behalf of the bidder making this proposal, the undersigned certifies that there will be no discrimination in
employment with regard to race, color, religion, sex, disability, or nationalorigin; that all federal, state, local
directives, and executive orders regarding non-discrimination in employment will be complied with; and that
the principle of equal opportunity in employment will be demonstrated positively and aggressively.
BIDDER
By:
(Name and Title of Person Making Certification)
Date
Q\pwWWENGVt CONTRS\2006\Alamcda Reconstruction\Centractdoc
28
7/31/2006
I
1
I
I
I
I
I
I
I
I
I
I
I
i1
CERTIFICATE OF PAYMENT OF PREVAILING WAGE SCALE
(To be submitted with Proposal Form)
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
On behalf of the bidder, the undersigned certifies that the Prevailing Wage Scale, as determined by the Director
of Industrial Relations of the State of California or as determined by the Administrator of the Wage and Hour
Division, U.S. Department of Labor, in force on the day this bid was opened, whichever is higher, will be the
minimum paid to all craftsmen and laborers working on this project. In some cases, prevailing wage
determinations have either a single asterisk (*) or double asterisks (**) after the expiration date.
In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date which are
in effect on the date of advertisement for bids, such determinations remain in effect for the life of the project.
Prevailing wage determinations which have double asterisks (**) after the expiration date indicate that the
basic hourly wage rate, overtime, and holiday pay rates, and employer payments to be paid for work performed
after this date have been predetermined. If work is extended past this date, the new rate must be paid and
should be incorporated in contracts the Contractor enters into.
Any contractor awarded a public works project who intends to use a craft or classification not shown on the
general prevailing wage determinations will be required to pay the wage rate of that craft or classification most
closely related to it as shown in the general determinations effective at the time the bids are opened. Attention
is directed to Section 14, Federal Requirements for Federal -Aid Construction Project.
A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of
the bidder to determine the correct scale. The City will keep a copy of the wage scale in the City Clerk's office
for the convenience of bidders. Any errors or defects in the materials in the City Clerk's office will not excuse
a bidder's failure to comply with theactual scale then .in force. The Federal minimum wage rates for this
project as predetermined by the United States Secretary of Labor are set forth in Appendix IV. The
undersigned understands that weekly certified payrolls must be submitted for verification.
BIDDER
By:
Name and title of person making certification
Date
Q:\pw\PWLNGW C0NTR3\2006\Aldmeda Reconstruction\Contract doe
29
7/31/2006
Questions shall be addressed to:
I
1
I
I
I
I
I
I
I
I
I
I
r
1
1
Department of Labor Relations
Division of Labor Statistics and Research
Prevailing Wage Unit
445 Golden Gate Avenue, 9th Floor
San Francisco, CA 94102
Questions regarding Federal Labor Standards shall be addressed to:
Branch of Construction Wage Determination
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Q \pwW WRNG\A CONTRS\2006\Alameda Reconstruction \Contract.doc
30
7/31/2006
I
I
1
1
I
I
I
I
I
I
I
1
I
I1
I
CERTIFICATE OF REQUIREMENT TO PAY WORKERS' COMPENSATION
(To be submitted with Proposal Form)
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of
that code, and I will comply with such provisions before commencing the performance of the work of this
contract.
BIDDER
By:
(Name and title of person making certification)
Date
Q pw\PWENGU CONTRS@006Wameda Reconstruction \Contract.doc
31
7/31/2006
i
1
I
I
L
I
I
1
i
I1
I
1
I
1
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder , proposed
subcontractor hereby certifies that he
has , has not , participated in a previous contract or subcontract subject to the equal
opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he
has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a
Federal Government contracting or administering agency, or the former President's Committee on Equal
Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the
Secretary of Labor (41 CFR 60-1.7(b) (1), and must be submitted by bidders and proposed
subcontractors only in connection with contracts and subcontracts which are subject to the equal
opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity
clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or
under are exempt.)
Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their
implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or
subcontract subject to the Executive Orders and have not filed the required reports should note that
41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor
submits a report covering the delinquent period or such other period specified by the Federal
Highway Administration or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
Q:\pvAPWENG\A CONTRS\2006'Mameda Reconstruction\Contract doe
32
7/31/2006
1
I
i
1
I
I
I
I
I
I
I
i
I
1.
I
I
SPECIAL PROVISIONS
ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
CITY OF SAN MATEO
DEPARTMENT OF PUBLIC WORKS
STATE OF CALIFORNIA
SECTION 1. SPECIFICATIONS AND PLANS
1-1.01 GENERAL. The work embraced herein shall be done in accordance with the Standard Specifications
dated July 2002, and the Standard Plans dated July 2002, of the Department of Transportation insofar as the
same may apply and these special provisions. In case of conflict between the Standard Specifications and these
special provisions, the special provisions shall take precedence over and be used in lieu of the conflicting
portions.
Amendments to the Standard Specifications set forth in these special provisions shall be considered as part of
the Standard Specifications for the purposes set forth in Section 5-1.04, "Coordination and Interpretation of
Plans, Standard Specifications and Special Provisions," of the Standard Specifications. Whenever either the
term "Standard Specifications is amended" or the term "Standard Specifications are amended" is used in the
special provisions, the indented text or table following the term shall be considered an amendment to the
Standard Specifications. In case of conflict between such amendments and the Standard Specifications, the
amendments shall take precedence over and be used in lieu of the conflicting portions.
Project contract drawings shall govern in lieu of conflicting provisions of the Standard Plans; Standard Plans
and project contract drawings shall govern in lieu of conflicting provisions of the Standard Specifications; the
Special Provisions shall govern in lieu of conflicting provisions of both the Standard Specifications and the
Standard Plans, but shall in no way nullify non -conflicting portions of the Standard Specifications.
1-1.02 DEFINITIONS AND TERMS. Wherever in the Standard Specifications, special provisions or contract
documents, unless the context otherwise requires, the following terms shall have the following meaning:
Department of Transportation. The City of San Mateo, State of California.
Director of Transportation. The City Council of the City of San Mateo, State of California.
Agency, Architect, Authorized Representative, City, City Representative, Construction Manager, City
Engineer, Geotechnical Engineer, Resident Engineer, Project Architect, Soil Engineer, Shoring Engineer,
Owner, or Owners Representative. The Director of Public Works of the City of San Mateo, State of California,
acting either directly or through properly authorized agents, such agents acting within the scope of the
particular duties entrusted to them.
Contractor, General Contractor, Electrical Contractor, or Construction Site Manager. The Contractor acting
either directly or through properly authorized agents, such agents acting within the scope of the particular
duties entrusted to them.
Laboratory. The established laboratory of the Materials and Research Section of the Department of the
Transportation of the State of California or laboratories authorized by the Engineer to test materials and work
involved in the contract.
State. The City of San Mateo
Transportation Building, Sacramento. City Hall, City of San Mateo, State of California.
Q\pw\PWENGU CONTRS\2006Mameda Recovrruction\Contract doe
33
7/31/2006
1
1
1
1
1
1
1
State Highway Engineer. The Director of Public Works of the City of San Mateo, State of California.
Standard Specifications. Means the 2002 edition of the Standard Specifications of the State of California,
Department of Transportation. Any reference therein to the State of California or State agency, office or
officer shall be interpreted to refer to the City or its corresponding agency, office or officer acting under this
contract.
Work. All the work specified, indicated, shown or contemplated in the contract to construct the improvement,
including all alterations, amendments or extensions thereto made by contract change order or other written
order of the Engineer.
1-1.03 PLANS AND SPECIFICATIONS.
CONTRACT PLANS
Title
Drawing No.
ALAMEDA DE LAS PULGAS REHABILITATION
City Project 462201 (Sheets 1-11)
Q'1pwPWENO\A_CONTRs120o61Alemeda Reconstruction \ Contract doc 34
2-15-57
7/31/2006
SECTION 2. PROPOSAL REQUIREMENTS, CONDITIONS
AND NON-DISCRIMINATION GUIDELINES
2-1.01 GENERAL. The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements
and Conditions," of the Standard Specifications and these Special Provisions for the requirements and
conditions which the bidder must observe in the preparation of the proposal form and the submission of the
bid.
In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal.
Signing the Proposal shall also constitute signature of the Noncollusion Affidavit.
The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
(Code of Federal Regulations) part 26 in the award and administration of US DOT assisted contracts. Failure
by the contractor to carry out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed
by the bidder must include this assurance.
Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be famished
after bid opening, including but not limited to escrowed bid documents, where applicable, may subject the
bidder to a determination of the bidder's responsibility in the event it is the apparent low bidder on a future
public works contract.
2-I.OIA FEDERAL LOBBYING RESTRICTIONS. Section 1352, Title 31, United States Code prohibits
Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal -aid contractor to
pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with
the awarding of any Federal -aid contract, the making of any Federal grant or loan, or the entering into of any
cooperative agreement.
If any funds other than Federal funds have been paid for the same purposes in connection with this Federal -aid
contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure
form as part of the bid documents.
A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a Federal agency is
included in the Proposal. Standard Form -LLL, "Disclosure of Lobbying Activities", with instructions for
completion of the Standard Form is also included in the Proposal, Signing the Proposal shall constitute
signature of the Certification.
The above -referenced certification and disclosure of lobbying activities shall be included in each subcontract
and any lower -tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be
forwarded from tier to tier until received by the Engineer.
The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form at the end of each
calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy
of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any
lower -tier contractors. An event that materially affects the accuracy of the information reported includes:
1. A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or
attempting to influence a covered Federal action; or
2. A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal
action; or
3. A change in the officer(s), employee(s), or member(s) contacted to influence or attempt to influence a
covered Federal action.
Q:\pw\PWENG\A CONTRS\2006\Alameda Rcconstruoion\Contracl.dac 35 7/312006
2-1.02 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK. The bidder shall examine
carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms
therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied
as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the
quantity of materials to be furnished and as to the requirements of the proposal, plans, specifications and
contracts.
The bidder represents that he or she is fully qualified to perform this examination and review.
If the bidder determines that any portion of the site or the plans and specifications present any interpretation
problems of any kind, the bidder shall note such a determination upon this proposal form and attach any
additional information necessary to state the basis of the bid. Failure to note any such determination shall be
conclusive evidence of acceptance by the bidder of the sufficiency of the plans and specifications.
2-1.03 EMPLOYMENT OF APPRENTICES. Contractor shall be responsible for compliance with California
Labor Code Section 1777.5 relating to employment of apprentices for all apprenticeable occupations when the
contract amount exceeds $30,000 or 20 working days or both.
2-1.04A NON-DISCRIMINATION POLICY. It is the policy of the City of San Mateo that all qualified
persons are to be afforded equal opportunities of employment on any public works contract entered into with
the City.
1
1
I
1
The bidder's attention is further directed to the following Notice that is required by Chapter 5 of Division 4 of
Title 2, California Code of Regulations.
NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM
(GOV. CODE, SECTION 12990)
Your attention is called to the "Nondiscrimination Clause", set forth in Section 7-1.01A(4), "Labor
Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt state contracts
and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications"
set forth therein. The Specifications are applicable to all nonexempt state construction contracts and
subcontracts of $5,000 or more.
2-1.04B LOWEST RESPONSIBLE BIDDER. In order to promote the policy declared above, contracts for
public works will be awarded only to such bidders as are determined to meet the following qualifications of
lowest responsible bidder.
The lowest responsible bidder shall be the bidder who offers to perform the work involved according to the
plans and specifications therefore for the least amount of money; provided the bidder has the ability, capacity
and, when necessary, the required State or other license and that he and his subcontractors have undertaken an
affirmative action program to promote the MI realization of equal employment opportunities meeting the
minimum requirements set forth herein. Any subcontractor failing to comply herewith shall be deemed
unqualified and shall be substituted.
In determining to whom the award is to be made, the awarding authority may consider, in addition to the bid or
quotation received, the experience of the bidder for the particular service sought, the quality of work that the
bidder has done, the quality of the product or materials provided by the bidder, the ability of the bidder to
complete the project in a timely manner, the safety compliance record of the bidder, and the insurance carried
by the bidder.
2-1.04C STANDARDS OF NON-DISCRIMINATION
A. The successful bidder and each subcontractor shall undertake affirmative action to ensure that
applicants and employees are treated fairly such that the principles of equal opportunity in employment are
Q'. kpwWWENGt4 CONTRSQOO6UIameda Reconstruction\Cantract.doc
36 7/312006
1
1
1
1
1
1
demonstrated positively and aggressively during employment, without regard to race, color, religion, sex,
disability, or national origin.
B. In all advertisements for labor or other personnel or requests for employees of any nature, the
successful bidder and each subcontractor shall state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, disability, or national origin.
2-1.04D CERTIFICATE OF NON-DISCRIMINATION. Each bidder on any public works contract shall sign
the certification of nondiscrimination, which is a part of the proposal form.
Each subcontractor shall, prior to entering into a contract with any successful bidder, execute and file with the
City a certificate of non-discrimination.
The contractor will send to each labor organization or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or
workers' representative of his commitments under this section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training. Please provide copies to
the City of all notices sent (see Appendix for Sample Letter).
2-2.01 DISADVANTAGED BUSINESS ENTERPRISE (DBE). This project is subject to Title 49, Code of
Federal Regulations part 26 (49 CFR 26) entitled "Participation by Disadvantaged Business Enterprises in
Department of Transportation Financial Assistance Programs." In order to ensure Caltrans achieves its
federally mandated statewide overall DBE goal, the Agency encourages the participation of Disadvantaged
Business Enterprises (DBEs), as defined in 49 CFR 26 in the performance of contracts financed in whole or in
part with Federal Funds. The Contractor shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of subcontracts,
Bidders shall be fully informed in respect to the requirements of the DBE Regulations. The DBE Regulations
in their entirety are incorporated herein by this reference. Attention is directed to the following matters:
A. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act
and relevant regulations promulgated pursuant thereto;
B. A DBE may participate asa prime contractor, subcontractor, joint venture partner with a prime or
subcontractor, vendor of material or supplies, or as a trucking company;
C. A DBE joint venture partner must be responsible for specific contract items of work, or clearly defined
portions thereof. Responsibility means actually performing, managing and supervising the work with its own
forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and
profits of the joint venture commensurate with its ownership interest;
D. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a
distinct element of the work and must carry out its responsibility by actually performing, managing and
supervising the work;
E. DBEs must be certified by the California Unified Certification Program (CUCP). Listings of DBEs
certified by the CUCP are available from the following sources:
I. The Caltran's "Civil Rights" web site at:
httn://www.dot.ca.gov/ho/ben.
2. The Caltran's DBE Directory. This Directory may be obtained from the Department of
Transportation, Materiel Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive,
Sacramento, California 95815, Telephone: (916) 445-3520;
Q:\pvAPWENGU CONTRS\2006VJameda Reconstruction \Conamd.do<
37 7/31/2006
F. When reporting DBE participation, bidders may count the cost of materials or supplies purchased from
DBEs as follows:
1
I
1
1
I
1
t
1
1
1
I
1. If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the
materials or supplies will count toward DBE participation. A DBE manufacturer is a firm that operates or
maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or
equipment required under the contract and of the general character described by the specifications.
2. If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of
the materials or supplies. A DBE regular dealer is a firm that owns, operates, or maintains a store, warehouse,
or other establishment in which the materials, supplies, articles or equipment of the general character described
by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to
the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular
business that engages, as its principal business and under its own name, in the purchase and sale or lease of the
products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel,
cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in
this paragraph F.2. if the person both owns and operates distribution equipment for the products. Any
supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not
on an ad hoc or contract -by -contract basis. Packagers, brokers, manufacturers' representatives, or other persons
who arrange or expedite transactions' are not DBE regular dealers within the meaning of this paragraph F.2.
3. If the DBE is neither a manufacturer nor a regular dealer, count only the entire amount of fees or
commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation
charges for the delivery of materials or supplies required on ajob site, provided the fees are reasonable and not
excessive as compared with fees charged for similar services.
G. When reporting DBE participation, bidders may count the participation of DBE trucking companies as
follows:
1. The DBE must be responsible for the management and supervision of the entire trucking operation for
which it is responsible on a particular contract.
2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on
the contract;
3. The DBE receives credit for the total value of the transportation services it provides on the contract
using trucks its owns, insures, and operates using drivers it employs;
4. The DBE may lease trucks from another DBE firm, including an owner -operator who is certified as a
DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation
services the lessee DBE provides on the contract;
5. The DBE may also lease trucks from a non -DBE firm, including an owner -operator. The DBE who
leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the
lease arrangement. The DBE does not receive credit for the total value of the transportation services provided
by the lessee, since these services are not provided by a DBE;
6. For the purposes of this paragraph G, a lease must indicate that the DBE has exclusive use of and
control over the truck. This does not preclude the leased truck from working for others during the term of the
lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased
truck. Leased trucks must display the name and identification number of the DBE.
H. Bidders are encouraged to use services offered by financial institutions owned and controlled by
DBEs.
2-2.01 DBE AVAILABILITY ADVISORY. As required by federal law, Caltrans has established a statewide
overall DBE goal. In order to ascertain whether that statewide overall DBE goal is being achieved,
Caltrans is tracking DBE participation on all Federal -aid contracts administered by cities/counties and
other local agencies.
Q-..\pwTWENG\A COMBS\ 2006\ Alameda Reconstruction\Contract. doe
38
7/31/2006
A. The Agency has not established a DBE Availability Advisory for this project. Bidders who obtain DBE
participation on this project will assist the state in meeting its statewide overall DBE goal
1
1
1
1
1
11
I
Q 1pwWWENG\.0_CONTRS\2006\Alameda Reconstruction \Contract doc
39
7/31/2006
SECTION 3. AWARD AND EXECUTION OF CONTRACT
I
11
1
1
t
1
I1
I
3-1.01 GENERAL.. The bidder's attention is directed to the provisions in Section 3, "Award and Execution of
Contract," of the Standard Specifications and these special provisions for the requirements and conditions
concerning award and execution of contract.
The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies
with all the requirements prescribed.
3-l.O1A DBE INFORMATION. A "LOCAL AGENCY BIDDER - DBE INFORMATION" form will be
included in the contract documents to be executed by the successful bidder. The purpose of the form is to
collect data required under 49 CFR 26. Even if no DBE participation will be reported, the successful bidder
must execute and return the form.
The successful bidder's "LOCAL AGENCY BIDDER - DBE INFORMATION" form should include the
names, addresses and phone numbers of DBE firms that will participate, with a complete description of work
or supplies to be provided by each, and the dollar value of each DBE transaction. When 100 percent of a
contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that
work to be performed or furnished by that DBE should be included in the DBE information, including the
planned location of that work. A successful bidder certified as a DBE should describe the work it has
committed to performing with its own forces as well as any other work that it has committed to be performed
by DBE subcontractors, suppliers and trucking companies.
The successful bidder is encouraged to provide written confirmation from each DBE that the DBE is
participating in the contract. A copy of a DBE's quote will serve as written confirmation that the DBE is
participating in the contract. If a DBE is participating as a joint venture partner, the successful bidder is
encouraged to submit a copy of the joint venture agreement.
The "LOCAL AGENCY'S BIDDER - DBE INFORMATION" form should be completed and returned to the
Agency by the successful bidder with. the executed contract and contract bonds.
A "Payee Data Record" form will be included in the contract documents to be executed by the successful
bidder. The purpose of the form is to facilitate the collection of taxpayer identification data. The form shall be
completed and returned to the Agency by the successful bidder with the executed contract and contract bonds.
For the purposes of the form, payee shall be deemed to mean the successful bidder. The form is not to be
completed for subcontractors or suppliers. Failure to complete and return the "Payee Data Record" form to the
Agency as provided herein will result in the retention of 3I percent of payments due the contractor and
penalties of up to $20,000. This retention of payments for failure to complete the "Payee Data Record" form is
in addition to any other retention of payments due the Contractor.
3-1.02 AWARD OF CONTRACT. The right is reserved to reject any and all proposals. All bids will be
compared on the basis of the Engineer's Estimate of the quantities of work to be done.
The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with
all the requirements prescribed. Such award, if made, will be made within 45 days after the opening of the
proposals. This period will be subject to extension for such further period as may be agreed upon in writing
between the Department and the bidder concerned. Any protests to award of contract shall follow the
procedures outlined in City Council Resolution No. 61, dated June 7, 2004.
The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds,
to the Agency so that it is received within 10 days, not including Saturdays, Sundays and legal holidays, after
the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the
proposal guaranty. The executed contract documents shall be delivered to the following address:
City Hall, 330 W. 20th Avenue, San Mateo, CA 94403
Q:\pwNWENG\A CONTRS\2006Alameda Reconstruction Contract
40
8/1/2006
3-1.02 SUBCONTRACTS. The Contractor is prohibited from employing any subcontractor that is ineligible
under Labor Code section 1777.1.
3-1.03 CHANGES INITIATED BY THE AGENCY. The City of San Mateo reserves the right to change the
scope of this contract in order to align the contract price to the monies available. Presently there is
approximately $750,000.00 available for this project. The City shall have full authority and discretion to
determine the decrease or increase in quantities required as well as the subprojects that will be altered, added or
deleted. The Contractor shall not be entitled to any additional compensation or adjustment in the unit prices
bid because of the above -stated alteration of this project.
3-1.05 CONTRACT BONDS. Before execution of the contract by the Agency, the Contractor shall file with
the agency surety bonds satisfactory to the City in the amounts and for the purposes noted below. Bonds shall
be duly executed by a responsible corporate Surety, authorized to issue such bonds in the State of California
and secured through an authorized agent with an office in California. The Contractor shall pay all bond
premiums, costs, and incidentals.
Each bondshall be signed by both the Contractor and Surety and the signature of the authorized agent of the
Surety shall be notarized.
The Contractor shall provide two acceptable surety bonds; one for labor and materials and one for
performance.
The "Payment Bond" (Material and Labor Bond) shall be for not less than 100 percent of the contract price, to
satisfy claims of material suppliers and of mechanics and laborers employed by it on the work. The bond shall
be maintained by the Contractor in full force and effect until the completed work is accepted by the Agency,
and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code.
The "Faithful Performance Bond" shall be for 100 percent of the contract price to guarantee faithful
performance of all work, within the time prescribed, in a manner satisfactory to the City, and that all materials
and workmanship will be free from original or latent developed defects.
3-1.06 LIABILITY INSURANCE. The Contractor shall provide and maintain:
A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000
each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this
Agreement or be no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each
occurrence. Such insurance shall include coverage for owned, hired, and non -owned automobiles.
C. Workers Compensation in at least the minimum statutory limits.
D. General Provisions for all insurance. (Based on the type of project, determine if additional insurance
language is required.) All insurance shall:
I . Include the City of San Mateo, its elected and appointed officers, employees, and volunteers
as additional insureds with respect to this Agreement and the performance of services in this
Agreement. The coverage shall contain no special limitations on the scope of its protection to
the above -designated insureds.
2. Be primary with respect to any insurance or self-insurance programs of City, its officers,
employees, and volunteers.
3. Be evidenced, prior to commencement of services, by properly executed policy endorsements
in addition to a certificate of insurance.
Q:\pw\PWENG\A CONTRS@006\Alameda Reconstruction \Contract doc
41
7/31/2006
1
1
1
I
1
I
I
I
i
r
I
a. In addition to requiring that you provide an insurance certificate showing the levels
and types of coverage required for your project or contract, the City of San Mateo
also requires you to provide the City with a copy of the actual endorsements to the
commercial general, automobile, and any excess liability insurance policies that show
that the City of San Mateo, its boards, commissions, officers, agents, and employees
have been named as additional insureds by the insurers.
These endorsements are required because California Insurance Code § 384 expressly
provides that an insurance certificate is not proof of what the underlying insurance
policy actually contains. If you look at an insurance certificate, you will notice that
the certificate actually says the same thing. Therefore, a certificate has minimal legal
value and the City cannot be reasonably certain that it is covered under the policies
shown on the certificate without endorsements.
An endorsement is a piece of paper that modifies the terms of the underlying policy
and is issued by the insurance company itself, rather than a broker.
A copy of a sample endorsement for commercial general liability is shown on the
following page for your reference.
4. No changes in insurance may be made without the written approval of the City Attorney's
office.
Q:\pAPWENGt4 CONTRS\2006\Alameda Rcconstruetian\Contract doe
42
7/31/2006
I
I
I
1
I
1
I
I
I
1
I
SAMPLE ENDORSEMENT FORM FOR COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of person or organization:
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in
the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
Q:1pwW WENG\A_CONTRS\2006\Alameda Reconstruction\Contract.doc
43 7/31/2006
I
I
1
1
r
1
I
I
1
1
I
I
I
1
r
1
I
1
I
3-1.07 HOLD HARMLESS AND INDEMNITY PROVISION. The Contractor agrees (1) to hold harmless
and indemnify City of San Mateo and its officers and employees from and against any and all claims, loss,
liability, damage, and expense arising from performance of this contract, including claims, loss, liability,
damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo, its officers
or employees, and (2) to defend City of San Mateo, its officers or employees there against; provided, however
that this provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole
negligence or willful misconduct of City of San Mateo or (b) the active negligence of City of San Mateo;
further provided, that this provision shall not affect the validity of any insurance contract, workers
compensation or agreement issued by an admitted insurer as defined by the Insurance Code.
Q'.\pwWWENGW CONTRS\2006\Alameda Rcconabuction\Contract. doc
44
7/31 /2006
I
I
I
I
1
1
U
1
SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION,
AND LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is directed to the provisions in Section 8-1.03, "Beginning of Work," in Section
8-1.06, "Time of Completion," and in Section 8-1.07, "Liquidated Damages," of the Standard Specifications
and these Special Provisions.
4.1.02. COMMENCEMENT OF WORK. The Contractor shall begin work within 15 calendar days after
receiving notice that the contract has been awarded by the City Council and shall diligently prosecute the same
to completion with the time limits provided in the special provisions
4-1.03 CONSTRUCTION OR FABRICATION AND DELIVERY SCHEDULE. After notification of award
and prior to start of any work, the Contractor shall submit to the Engineer for approval its proposed
construction or fabrication and delivery schedule. The schedule shall be in the form of a tabulation, chart, or
graph and shall be in sufficient detail to show the chronological relationship of all activities of the project
including, but not limited to, estimated starting and completion dates of various activities, submittal of shop
drawings to the Engineer for approval, procurement of materials, and scheduling of equipment, and delivery of
finished product.
4-1.04 DELAYS AND EXTENSIONS OF TIME.. In the event that a disagreement shall arise between the
City and the Contractor over Time of Performance as extended by the City due to an allowed suspension of
work, the Contractor may request an extension from the City Council. Such requests shall be filed with the
City Clerk, addressed to the City Council; at least twenty (20) days prior to the expiration of the Time of
Performance as modified. The ruling of the City Council shall be final and conclusive.
4-1.05 PRE -CONSTRUCTION CONFERENCE. A preconstruction conference will be held at a location
selected by the City for the purposes of review and approval of said schedule and to discuss construction
procedures and payment schedule. Contractor shall be represented by his superintendent of work. The City
will be represented by members of the organization having direct control of supervision of the project.
4-1.06 TIME OF COMPLETION. The Contractor shall prosecute and work to completion before the
expiration of thirty-five (35) working days, beginning from the date specified in the Notice to Proceed.
The City will furnish the Contractor weekly a statement of working days remaining on the contract.
4-1.07 LIQUIDATED DAMAGES. Failure of the Contractor to complete the work within the time allowed
will result in damages being sustained by the City of San Mateo. Such damages will be determined. For each
consecutive calendar day in excess of the time specified for completion of the work (as adjusted), the
Contractor shall pay to the City of San Mateo, or have withheld from monies due it, the sum of the amount
necessary to cover any add-on costs or lost revenue and by cost plus an estimate of overhead costs incurred by
the City; e.g., inspection and administrative costs, loss of revenue or the cost of alternative services during
delay, etc.
Execution of the contract under these specifications shall constitute agreement by the City of San Mateo and
Contractor that $500.00 per working day is the minimum value of the costs and actual damage caused by
failure of the Contractor to complete the work within the allotted time, that liquidated damagesshall not be
construed as a penalty, and that the amount calculated by the City may be deducted from payments due the.
Contractor if such delay occurs.
4-1.08 LOCATION OF UTILITIES. The Contractor's attention is directed to Section 8-1.10 and 1.5 of the
Standard Specifications. At least forty-eight (48) hours prior to commencing work, the Contractor shall notify
Underground Service Alert (USA) so that the various utility companies may field -mark said installations.
Once the field marks are in place, the Contractor shall be responsible for all marked utilities damaged during
construction or claims resulting from said damage. In addition, the City shall not be responsible for any
unmarked utility damaged during construction or any claims resulting from this damage, except for damage to
Q\pw\PWENG\A CONJRS@006WIameda Reconsiruction\Contract doe 45 7/31/2006
I
I
1
1
1
1
I
1
1
City of San Mateo utilities that the City has not marked within forty-eight (48) hours after receiving notice
from USA to do so and which were not marked at the time the damage occurred.
4-1.09 TRAFFIC AND ACCESS. The Contractor shall be responsible, during all phases of the work, to
provide for public safety and convenience by use of traffic cones, signs, lighted barricades, lights, and flagmen
as described and specified in the State of California, Department of Transportation MANUAL OF TRAFFIC
CONTROLS - For Construction and Maintenance Work Zones, 1990 Edition. (Section 360, California
Vehicle Code, defines highways to include streets.) The provisions of this manual will become a part of the
requirements of the contract.
Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to
the abutting property owners or motoring public. Convenient access to driveways, houses, and buildings along
the line of work shall be maintained unless otherwise approved by the City in advance. Contractor shall
request and obtain approval from City before any lane closures are implemented. Open excavation and ditches
across a roadway shall be covered and guarded in such a manner as to permit safe traffic flow during hours
when no work is being performed.
4-1.10 PERSONNEL PROTECTIVE EQUIPMENT. The Contractor shall be responsible for providing
personnel protective equipment necessary during the work near, at, or within City underground utilities. The
equipment used shall comply with the standard safety requirements when handling or exposed to waste from
sewer and drainage mains. Records of laboratory tests are available upon request, and the Contractor shall be
responsible for review and interpretation of such records. No additional payment shall be made to the
Contractor for providing additional personnel protective equipment beyond the requirements of the standard
procedures.
SECTION 4-2. ACCEPTANCE OF CONTRACT
4-2.01 SUBSTANTIAL COMPLETION OF WORK. The Contractor shall request an inspection to determine
substantial completion. The substantial completion of work is considered as for the benefit of the City that the
City's facility is ready for public use. The substantial completion of work for this project is defined to include
as a minimum: the completion of 95% shown on the construction drawings; the street is open for regular
vehicle traffic, bicyclists, and pedestrians; and all the 1 existing street and off-street facilities have been restored
to the pre -construction or better condition. If the inspection confirms that substantial completion has been
obtained, the City will issue a Notice of Substantial Completion and discontinue counting working days for the
project. The City will also issue a punch -list of any minor work items that must be completed prior to Final
Acceptance of the contract.
4-2.02 ACCEPTANCE OF CONTRACT. When the Engineer has made the final inspection as provided in
Section 5-1.13 "Final Inspection" of the Standard Specifications, including sign -off of all punch -list items, and
when the Contractor has submitted a set of full size blue lines of the contract plans with all the changes to
reflect "As Built" conditions, the Public Works Director will formally accept the contract, and upon
acceptance, file the Notice of Completion. Immediately upon and after such acceptance by the Public Works
Director, the contractor will be relieved of the duty of maintaining and protecting the work as a whole, and he
will not be required to perform any further work thereon, except warranty work; and the Contractor shall be
relieved of his responsibility for injury to persons or property or damage to the work which occurs after the
formal acceptance by the Public Works Director.
4-2..03 FINAL AND CLOSE OUT BILLING. Final payment will be withheld until completion of all punch -
list items. The City will authorize the final payment upon receipt of unconditional lien releases from all
subcontractors and suppliers.
Q:\Qv, \PWENGA CGNTRSt2006WUmeda ReonsttuctionConttactdac
46 7/3112006
1
I
1
I
I
1.
I
1
SECTION 5. GENERAL
5-1 MISCELLANEOUS
5-1.01 ENCROACHMENT PERMIT. NA
5-1.02 PREVAILING WAGE AND WEEKLY CERTIFIED PAYROLL SUBMISSION. Attention is directed
to Section 7-1.01 A(2), "Prevailing Wage", of the Standard Specifications. The general prevailing wage rates
as determined by the Director of Industrial Relations of the State of California or as determined by the
Administrator of the Wage and Hour Division, U.S. Department of Labor, in force on the day this bid was
opened, whichever is higher, will be the minimum paid to all craftsmen and laborers working on this project.
In some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks (**) after the
expiration date.
In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date which are
in effect on the date of advertisement for bids, such determinations remain in effect for the life of the project.
Prevailing wage determinations which have double asterisks (**) after the expiration date indicate that the
basic hourly wage rate, overtime, and holiday pay rates, and employer payments to be paid for work performed
after this date have been predetermined. If work is extended past this date, the new rate must be paid and
should be incorporated in contracts the Contractor enters into.
Any contractor awarded a public works project who intends to use a craft or classification not shown on the
general prevailing wage determinations will be required to pay the wage rate of that craft or classification most
closely related to it as shown in the general determinations effective at the time the bids are opened.
A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of
the bidder to determine the correct scale. The City will keep a copy of the wage scale in the City Clerk's office
for the convenience of bidders. The State prevailing Wage rates may also be obtained from the California
Department of Industrial Relations Internet web site at http://www.dir.ca.gov. Any errors or defects in the
materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in
force. The Federal minimum wage rates for this project as predetermined by the United States Secretary of
Labor are set forth in Appendix IV.
Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of"Proposal and
Contract" books. Future effective general prevailing wage rates which have been predetermined and are on file
with the California Department of Industrial Relations are referenced but not printed in the general prevailing
wage rates.
Attention is directed to the Federal minimum wage rate requirements. If there is a difference between the
minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates
determined by the Director of the California Department of Industrial Relations for similar classifications of
labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not
accept lower State wage rates not specifically included in the Federal minimum wage determinations. This
includes "helper" (or other classifications based on hours of experience) or any other classification not
appearing in the Federal wage determination. Where Federal wage determinations do not contain the State
wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and
subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the
duties of the employees in question.
The U.S. Department of Transportation (DOT) provides a toll -free "hotline" service to report bid rigging
activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m. and 5:00 p.m.,
eastern time, Telephone No. 1-800-424-9071. Anyone with knowledge of possible bid rigging, bidder
collusion, or other fraudulent activities should use the "hotline" to report these activities. The "hotline" is part
of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is
Q.\pw\PWENGW CONTRS\2006\ Alameda Reconstruc inn\Contractdoc
47 7/31/2006
1
I
1
I
1
I
1
1
1
i
1
1
operated under the direction of the DOT Inspector General. All information will be treated confidentially and
caller anonymity will be respected.
Each Contractor and Subcontractor and any lower -tier Subcontractor shall submit weekly certified payrolls for
each work week from the time he starts work on the project until he completes his work. If he performs no
work on the project during a given work week, he may either submit a weekly payroll form with the notation,
"No work performed during this work week," or submit a letter to that effect. He should identify his initial and
final payrolls by marking them "Initial" and "Final." Payrolls shall be completed and submitted no later than
seven (7) work days following completion of the work week.
5-1.03 HOURS OF LABOR. Construction operations beyond the eight -hour normal workday and on legal
holidays may occur on occasion if approved in advance by the City. The Contractor shall notify the City
Engineer in writing twenty-four (24) hours prior to any non -emergency type overtime operations or forfeit the
sum of the job inspector's pay per day (or prorated portion thereof) for overtime work without written consent
of the City Engineer -- said sum to be deducted from any monies due the Contractor or paid directly to him.
Normal work day hours for this project shall be between 7:30 a.m. and 5:00 p.m. unless specifically modified
in writing.
5-1.04 LABOR NONDISCRIMINATION. Attention is directed to the following Notice that is required by
Chapter 5 of Division 4 of Title 2, California Code of Regulations.
NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM
(GOV. CODE, SECTION 12990)
Your attention is called to the "Nondiscrimination Clause", set forth in Section 7-1.01A(4), "Labor
Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt state contracts and
subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set
forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts
of $5,000 or more.
5-1.05 YEAR 2000 COMPLIANCE. This contract is subject to Year 2000 Compliance for automated devices
in the State of California. Year 2000 compliance for automated devices in the State of California is achieved
when embedded functions have or create no logical or mathematical inconsistencies when dealing with dates
prior to and beyond 1999. The year 2000 is recognized and processed as a leap year. The product shall
operate accurately in the manner in which the product was intended for date operation without requiring
manual intervention.
The Contractor shall provide the Engineer a Certificate of Compliance from the manufacturer in conformance
with the provisions in Section 6-1.07, "Certificates of Compliance," of the Standard Specifications for all
automated devices furnished for the project.
5-1.06 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES. When the presence of asbestos or
hazardous substances are not shown on the plans or indicated in the specifications and the Contractor
encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as
defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not
been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe.
The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in
writing.
In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous
substances including exploratory work to identify and determine the extent of the asbestos or hazardous
substance will be performed by separate contract. If delay of work in the area delays the current controlling
operation, the delay will be considered a right of way delay and the Contractor will be compensated for the
delay in conformance with the provisions in Section 8-1.09, "Right of Way Delays," of the Standard
Specifications.
Q:\pw\PWENGa CONTRS\2OO6V.6meda Recons,ruction\Contrac, doc
48
7/31/2006
I
1
I
1
1
1
I
1
1
1
5-1.07 SAN MATEO BUSINESS LICENSE GUIDELINES. A business license shall be obtained as required
by the San Mateo Municipal Code, Chapter 5. Section 5.24.090 of said Chapter 5 provides that "Every person
conducting the business of contractor shall pay an annual tax.
5-1.08 NOTICE OF POTENTIAL CLAIM. Section 9-1.04, "Notice of Potential Claim," of the Standard
Specifications is amended to read:
9-1.04 Notice of Potential Claim. The Contractor shall not be entitled to the payment of any additional
compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order,
or for the happening of any event, thing, occurrence, or other cause, unless he shall have given the Engineer
due written notice of potential claim as hereinafter specified. Compliance with this. Section 9 1.04 shall not be
a prerequisite as to matters within the scope of the protest provisions in Section 4 1.03, "Changes," or Section 8
1.06, "Time of Completion," or the notice provisions in Section 5 1.116, "Differing Site Conditions," or
Section 8 1.07, "Liquidated Damages," or Section 8 1.10, "Utility and Non -Highway Facilities," nor to any
claim which is based on differences in measurements or errors of computation as to contract quantities.
The written notice of potential claim shall be submitted to the Engineer prior to the time that the Contractor
performs the work giving rise to the potential claim for additional compensation, if based on an act or failure to
act by the Engineer, or in all other cases within 15 days after the happening of the event, thing, occurrence, or
other cause, giving rise to the potential claim.
The written notice of potential claim shall be submitted on Form CEM 6201 furnished by the Department and
shall be certified with reference to the California False Claims Act, Government Code Sections 12650 - 12655.
The notice shall set forth the reasons for which the Contractor believes additional compensation will or may be
due and the nature of the costs involved. Unless the amount of the potential claim has been stated in the
written notice, the Contractor shall, within 15 days of submitting said notice, furnish an estimate of the cost of
the affected work and impacts, if any, on project completion. Said estimate of costs may be changed or
updated by the Contractor when conditions have changed. When the affected work is completed, the
Contractor shall submit substantiation of his actual costs. Failure to do so shall be sufficient cause for denial of
any claim subsequently filed on the basis of said notice of potential claim.
It is the intention of this Section 9 1.04 that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may
be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he shall
have no right to additional compensation for any claim that may be based on any such act, failure to act, event,
thing or occurrence for which no written notice of potential claim as herein required was filed.
Should the Contractor, in connection with or subsequent to the assertion of a potential claim, request inspection
and copying of documents or records in the possession of the Department that pertain to the potential claim,
Contractor shall make its records of the project, as deemed by the Department to be pertinent to the potential
claim, available to the Department for inspection and copying.
5-1.09 ATTORNEY FEES. Attorney fees in amount not exceeding $85 per hour per attorney, and in total
amount not exceeding $5,000, shall be recoverable as costs (that is, by the filing of a cost bill) by the prevailing
party in any action or actions to enforce the provisions of this contract. The above $5,000 limit is the total of
attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number
of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have to pay the
other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this
contract. The parties expect and hope there will be no litigation and that any differences will be resolved
amicably.
5-1.10 PAYMENT
5-1.10A GENERAL. Attention is directed to Section 9-1.06, "Partial Payments," and 9-1.07, "Payment After
Acceptance," of the Standard Specifications and these Special Provisions. Except as directed otherwise in
these specifications, full compensation for completing all of the work indicated on the plans and directed
Q:\pw\PWENG\A CONTRSp006\Alameda Reconstruction\Cantractdoc
49 7/31/2006
1
I
t
1
I
1
herein is considered to be included in the contract unit prices paid for the various items of work and no
separate payment will be made therefor.
5-1.I0B RETENTION. No retention shall be held for this project.
5-1.10C PARTIAL AND FINAL PAYMENTS. Contractor shall submit each month a "Monthly Progress
Payment Request" in accordance with the schedule established at the pre -construction conference.
Contractor shall use City's standard form for such requests and submit one original plus three (3) copies of
each request. Note: No partial payment will be made for any materials on hand which are furnished but
not incorporated in the work.
Contractor shall, at the time any payment request is submitted, certify in writing the accuracy of the
payment request.
Before any progess payment or final payment is made, the Contractor may be required to submit
satisfactory evidence that Contractor is not delinquent in payments to employees, subcontractors, suppliers,
or creditors for labor and materials incorporated into Work.
Progress payment requests must be accompanied by a signed Certification of Payment to Subcontractors and
Suppliers form (Appendix VII), and lien release forms. A conditional lien release is required for the amount
being covered under the payment request, and an unconditional lien release is required for work already paid
for. See Appendix VIII -Conditional Waiver and Release Upon Progress Payment, and Appendix IX -
Unconditional Waiver and Release Upon Progress Payment. Progress payments will not be processed without
certification of prompt payment with no retainage. Final payment requests must be accompanied by an
unconditional lien release from all subcontractors and suppliers.
5-I.I0D PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS. A prime contractor or
subcontractor shall pay a subcontractor not later than 10 days of receipt of each progress payment in
accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning
prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any
violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and
other remedies of that section. Federal regulation (49 CFR 26.29) requires that any delay or postponement of
payment over 30 days of receipt of each payment may take place only for good cause and with the agency's
prior written approval. These requirements shall not be construed to limit or impair any contractual,
administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of
a dispute involving late payment, or nonpayment by the prime contractor, deficient subcontract performance, or
noncompliance by a subcontractor. This provision applies to both DBE and non -DBE prime contractors and
subcontractors.
5-1.10E PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS No retainage will be
held by the City from progress payments due to the prime contractor. Prime contractors and subcontractors are
prohibited from holding retainage from lower tier subcontractors. Any delay or postponement of payment may
take place only for good cause and with the agency's prior written approval. Any violation of this provision
shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies
specified in Section 7108.5 of the California Business and Professions Code. These requirements shall not be
construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the
prime contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the prime
contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to
both DBE and non -DBE prime contractors and subcontractors.
5-1.11 MEDIATION. Should any dispute arise out of this Agreement, any party may request a meeting
between the parties to resolve the dispute. Only in the event the dispute is not resolved as a result of such a
meeting, or the opposing party refuses to attend such a meeting, any party may request that it be submitted to
mediation. The parties shall mediate the dispute within 30 days of such a request. The mediator shall be
agreed to by the mediating parties: in the absence of an agreement, the parties shall each submit one name from
p.\pwWWENGU CONTRS\20061Abmeda Reconstruction \ Contract doc
50
7/31/2006
the mediators listed by either the American Arbitration Association, the California State Board of Mediation
and Conciliation, or other agreed -upon service. The mediator shall be selected by a "blindfolded" process.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party.
No party shall be permitted to file a legal action without first meeting in mediation and making a good faith
attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the
mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum
time is extended by the parties.
1
1
1
1
1
1
1
1
1
5-1.12 ARBITRATION. After mediation above, and upon agreement of the parties, any dispute arising out of
or relating to this agreement may be settled by arbitration in accordance with the Construction Industry Rules
of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be
entered in any court having jurisdiction thereof. The costs of arbitration shall be borne equally by the parties.
5-1.13 MOBILIZATION. Payment for mobilization, if included as a separately stated bid item, will be as
follows:
A. When the monthly partial payment estimate of the amount earned, not including the amount earned for
mobilization, is five percent (5%) or more of the original contract amount, fifty percent (50%) of the
contract item price for mobilization or five percent (5%) of the original contract amount, whichever is
the lesser, will be included in said estimate for payment.
B. When the monthly partial payment estimate of the amount earned, not including the amount earned for
mobilization, is ten percent (10%) or more of the original contract amount, the total amount earned for
mobilization shall be seventy-five percent (75%) of the contract item price for mobilization or 7.5
percent of the original contract amount, whichever is the lesser, and said amount will be included in
said estimate for payment.
C. When the monthly partial payment estimate of the amount earned, not including the amount earned for
mobilization, is twenty percent (20%) or more of the original contract amount, the total amount earned
for mobilization shall be ninety-five percent (95%) of the contract item price for mobilization or 9.5
percent of the original contract amount, whichever is the lesser, and said amount will be included in
said estimate for payment.
D. When the monthly partial payment estimate of the amount earned, not including the amount earned for
mobilization, is fifty percent (50%) or more of the original contract amount, the total amount earned
for mobilization shall be one hundred percent (100%) of the contract item price for mobilization or ten
percent (10%) of the original contract amount, whichever is the lesser, and said amount will be
included in said estimate for payment. Any remainder will be paid Contractor at close of the job.
The contractor price paid for mobilization shall include full compensation for furnishing all labor, materials,
tools, and equipment necessary for mobilization as specified herein.
5-1.14 SUBCONTRACTOR AND DBE RECORD. The Contractor shall maintain records showing the name
and business address of each first -tier subcontractor. The records shall also show the name and business
address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier.
The records shall show the date of payment and the total dollar figure paid to all of these firms. DBE prime
contractors shall also show the date of work performed by their own forces along with the corresponding dollar
value of the work.
Upon completion of the contract, a summary of these records shall be prepared on "Final Report— Utilization
of Disadvantaged Business Enterprises (DBE), First Tier Subcontractors" Form CEM-2402 (F) and certified
correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Engineer.
The form shall be furnished to the Engineer within 90 days from the date of contract acceptance. The amount
of $10,000 will be withheld from payment until a satisfactory form is submitted.
Q 'NGW 6oNTRS\2006klameda Reconstvc,ion\Contrac,doc
51
7/31/2006
Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing
the amount paid to DBE trucking companies. The Contractor shall also obtain and submit documentation
to the Engineer showing the amount paid by DBE trucking companies to all firms, including
owner -operators, for the leasing of trucks. If the DBE leases trucks from a non -DBE, the Contactor may
count only the fee or commission the DBE receives as a result of the lease arrangement.
The Contractor shall also obtain and submit documentation to the Engineer showing the truck number,
owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of
the owner of the truck for all trucks used during that month. This documentation shall be submitted on
"Monthly DBE Trucking Verification" Form CEM-2404(F).
5-1.15 DBE CERTIFICATION STATUS. If a DBE subcontractor is decertified during the life of the project,
the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a
subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the
Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to
the Engineer.
Upon completion of the contract, "Disadvantaged Business Enterprises (DBE) Certification Status Change"
Form CEM-2403 (F) indicating the DBE's existing certification status shall be signed and certified correct by
the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract
acceptance.
5-1.16 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS. The subcontractors listed by
the Contractor in conformance with Section 2-1.054, "Required Listing of Proposed Subcontractors," of the
Standard Specifications, shall perform the work and supply the materials for which they are listed, unless the
Contractor has received prior written authorization to perform the work with other forces or to obtain the
materials from other sources.
The Contractor should notify the Engineer in writing of any changes to its anticipated DBE participation. This notice
should be provided prior to the commencement of that portion of the work.
5-1.17 SUBCONTRACTING. Attention is directed to the provisions in Section 8-1.01, "Subcontracting,"
and these special provisions.
The provisions in the third paragraph of Section 8-1.01, "Subcontracting," of the Standard Specifications,
that the Contractor shall perform with the Contractor's own organization contract work amounting to not
less than 50 percent of the original contract price.
Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required
Contract Provisions Federal -Aid Construction Contracts" in Section 14 of these special provisions.
Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from
progress payments due, or to become due, until correction is made. Failure to comply may result in
termination of the contract.
Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and
distributes a list of contractors ineligible to perform work as a subcontractor on a public works project.
This list of debarred contractors is available from the Department of Industrial Relations web site at:
http://www.dir.ca.gov/DLSE/Debar.html.
SECTION 5-2. CONTROL OF WORK
5-2.01 SURVEYING. Staking of line and grade will be done by the City survey crew at no cost to the
contractor once only. The Contractor shall notify the City 48 hours in advance when requesting construction
stakes. Resetting of survey stakes lost due to the contractor's negligence will be charged to the contractor at the
rate of $89.00 per man per hour or fraction thereof. The Engineer will be the judge of what constitutes
Q:1pwWWENGIA CONTRS120061Alameda Reconstruction\Contract doe
52
7/31/2006
1
I
1
1
I
negligence. Any appeal of this decision will be referred to the Public Works Commission. The Public Works
Commission decision will exhaust the administrative procedures for appeal.
5-2:02 MEASUREMENT OF QUANTITIES, When payment for a work item is to be made on a tonnage
basis, the Contractor shall furnish the Engineer a legible copy of a licensed weigh -master's certificate showing
gross, tare and net weight of each truckload' of material. Certificates shall be delivered to the Engineer at the
job site upon delivery of the material.
5-2.03 COOPERATION AND COLLATERAL WORK. The City of San Mateo, its workers and contractors,
and others, have the right to operate within or adjacent to the worksite to perform work. The City of San
Mateo, the Contractor, and each of such workers, contractors, and others, shall coordinate their operations and
cooperate to minimize interference.
5-2.04 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall
repair or replace all existing improvements not designated for removal which are damaged or removed as a
result of its operation. Improvements, such as but not limited to, curbs, gutters, sidewalks, driveways, fences,
walls, signs, pavements, raised pavement markers, thermoplastic pavement markings, signs, sprinkler systems,
or plantings, shall be repaired and replaced to a condition equal to or better than the original condition.
All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in
the various bid items and no additional compensation shall be made by City.
5-2.05 RECORD OF EXISTING TRAFFIC CONTROL AND TEMPORARY MARKERS. Prior to the
removal of any of the existing traffic control delineation, the contractor shall take whatever action is necessary
to ensure that said delineation can be accurately replaced at its previous location upon completion of base
failure repair or overlay. The new delineation shall be replaced not less than three nor more than four days
after installation of the overlay.
If on those streets not designated to be resurfaced, the existing traffic control system is impacted by base failure
repair, or other construction activities, the Contractor shall install temporary Davidson markers until the
permanent traffic control system can be replaced by the contractor.
The contractor shall provide temporary crosswalk markings until the permanent installation has been done.
All costs to the Contractor for temporary markings and removing it, shall be included in the various bid items
and no additional compensation shall be made by City.
Q'.\pw\PWENGN CONTRSt2006Wlameda Reconsiruction\Contract. doc
53
7/31/2006
1
I
1
1
1
SECTION 7. WATER POLLUTION
7-1.01 WATER POLLUTION. In compliance with the "City of San Mateo Storm Water Management and
Discharge Rules and Regulations" ("Discharge Rules") the Contractor shall exercise every reasonable
precaution to prevent the discharge of any material which is not solely stormwater (i.e., rain) to the storm drain
system which includes, but is not limited to, catch basins, drainage channels, and creeks. Non -allowable
discharges include, but are not limited to, eroded soil from stockpiles or disturbed earth on -site, concrete and
concrete washout water, sawcut slurry, fuel, oil, and other vehicle fluids, solid wastes, and construction
chemicals.
Stormwater pollution control work is intended to provide prevention, control, and abatement of such
stormwater pollution, and shall consist of constructing those facilities which may be contained in the
Contractor's stormwater pollution control program, shown on the plans, specified herein, or directed by the
Engineer.
At the pre -construction conference the Contractor shall submit, for acceptance by the Engineer, a program to
control stormwater pollution effectively during construction of the project. Such program shall show the
schedule for the erosion control work included in the contract, if applicable, and for all stormwater pollution
control measures which the Contractor proposes to take in connection with construction of the project. The
Contractor shall include the following minimum actions as identified by the San Francisco Bay Regional Water
Quality Control Board Staff Recommendations (when applicable to project):
1. Stabilize site access points to avoid tracking materials off -site;
2. Stabilize denuded areas prior to the wet season (Oct. 15 through Apr. 15);
3. Protect adjacent properties;
4. Stabilize temporary conveyance channels and outlets;
5. Use sediment controls and filtration to remove sediment from water generated by dewatering;
6. Use proper materials and waste storage, handling, and disposal practices;
7. Use proper vehicle and equipment cleaning, fueling, and maintenance practices;
8. Control and prevent discharge of all potential construction -related pollutants;
9. Prepare a contingency plan in the event of unexpected rain or a control measure failure.
In addition, when applicable, during saw cutting the Contractor shall cover or barricade catch basins using
control measures such as filter fabric, straw bales, sand bags, or fine gravel dams to keep slurry out of the storm
drain system. When protecting an inlet, the Contractor shall ensure that the entire opening is covered. The
Contractor shall shovel, absorb, and/or vacuum saw cut slurry and pick up all waste prior to moving to the next
location or at the end of each working day, whichever is sooner. If saw cut slurry enters a storm drain inlet, the
Contractor shall remove the slurry immediately.
The Contractor shall coordinate stormwater pollution control work with all other work done on the contract.
The Contractor shall not perform any clearing and grubbing or earthwork on the project, other than that
specifically authorized in writing by the Engineer, until the required storm water pollution control program has
been accepted. It shall be the Contractor's responsibility to train all employees and subcontractors on the
approved stormwater pollution control measures.
The City will not be liable to the Contractor for failure to accept all or any portion of an originally submitted or
revised stormwater pollution control program, or for any delays to the work due to the Contractor's failure to
submit an acceptable stormwater pollution control program.
During construction of the project, if the stormwater pollution control measures being taken by the Contractor
prove inadequate to control stormwater pollution, the Engineer may direct the Contractor to revise his
operations and/or his stormwater pollution control program. If the Contractor fails to adequately revise his
operations after such direction, the Engineer may cause the stormwater pollution control measures to be
performed by others, the costs to be deducted from any monies due or to become due the Contractor.
Qdpw\EWENGw CONTRS'2006Wlameda ReconsovenlonContracc. doc 54 7/31/2006
t
1
1
1
I
11
1
I
The complete cleanup of all material which is discharged from the project in violation of the Discharge Rules
shall be the responsibility of the Contractor. Should the Contractor fail to respond promptly and effectively to
the Engineer's request for cleanup of such discharges, the Engineer may cause the cleanup to be performed by
others, the costs to be deducted from any monies due or to become due the Contractor.
Nothing in the terms of the contract nor in the provisions in this section shall relieve the Contractor of the
responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code, or other applicable
statutes relating to prevention or abatement of stormwater pollution.
Q \pw\PWF.NGW CONTRS\2006\Alameda Reconstruction \ Contract dac
55
7/31/2006
I
I
I
1
I
1
1
SECTION 8. MATERIALS
SECTION 8-1 BUY AMERICA REQUIREMENTS. Attention is directed to the "Buy America" requirements
of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA) Sections 1041 (a) and 1048 (a), and the regulations adopted pursuant thereto.
In accordance with said law and regulations, all manufacturing processes for steel andiron materials furnished
for incorporation into the work on this project shall occur in the United States; with the exception that pig iron
and processed, ❑ alletized and reduced iron ore manufactured outside of the United States may be used in the
domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy
coating, galvanizing, painting and any other coating that protects or enhances the value of such steel or iron
materials shall be considered a manufacturing process subject to the "Buy America" requirements.
A certificate of compliance, conforming to the provisions in Section 6-1.07, "Certificates of Compliance,
of the Standard Specifications, shall be furnished for steel and iron materials.' The certificates, in addition
to certifying that the materials comply with the specifications, shall also specifically certify that all
manufacturing processes for the materials occurred in the United States, except for the exceptions allowed
herein.
The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and
iron materials if the total combined cost of such materials used does not exceed one -tenth of one percent
(0.1%) of the total contract cost or $2,500.00, whichever is greater. The Contractor shall furnish the
Engineer acceptable documentation of the quantity and value of any foreign steel and iron prior to
incorporation such materials into the work.
8 -3 -RECYCLING REQUIREMENTS. The City of San Mateo will require the selected Contractor for this
contract to recycle 100%by_ weight of all Portland cement concrete generated from this project and all trees
removed and to document both their intended waste management plans and procedures as well as evidence of
reaching the required diversion rate by the end of the project.
If petromat is identified as being present in substantial quantities in the designated roadway area, the
Contractor is required to contact both the Project Manager and the Recycling Specialist to discuss whether
a waiver of recycling requirements for the project is warranted. A written waiver from the Recycling
Specialist prior to disposal of the petromat material is required in order to alter the recycling requirements
of this project.
At the pre -construction meeting, the Contractor shall submit to the City for review and approval a solid waste
management plans identifying procedures to be used for management of waste generated by this project,
including the location of the facilities to be used for both disposal and recycling and the estimated quantities of
waste and recyclables.
The Contractor may obtain construction and demolition recycling service provider listings and recycling
technical assistance from the Public Works Department, Recycling Specialist (650). 522-7346 or
pwrecycle(2 cityofsanmateo.org, Helpful background information and recycling resources are also available at
www.recycleworks.org.
At the conclusion of the project the Contractor will be required to complete a Diversion Summary Compliance
form which documents materials recycled and disposed, facilities utilized, and weights of materials generated
by the project, as well as attach receipts that verify materials and quantities shown as disposed and recycled.
This form is to be submitted with the final "Request for Payment." Form is attached as Appendix VII.
QipwPWENG\A CONTRS\2006\Alameda Reconswesion\Comracr. doe
56
7/31/2006
1
1
r
I
r
I
1
I
1
1
SECTION 9. DESCRIPTION OF WORK
The Contractor shall perform all work necessary to complete the contract in a satisfactory manner. Unless
otherwise provided, the Contractor shall furnish and install all materials, equipment, tools, labor, and
incidentals necessary to complete the work. The work to be performed under this contract shall include, but
not be limited to, the following:
• Prior to beginning of construction, all catch basins within 50 feet of construction limits shall
be protected from falling debris into storm drain systems by installing approved BMP
devices. It is the responsibility of the contractor to maintain effective BMP devices at all
affected areas during the grinding and paving operations. The contractor shall remove the
BMP devices after the final sweeping is completed.
• Install construction area signs, erosion control measures and provide traffic control in conformance
with the State of California Manual of Traffic Control, current edition.
• Provide safety measures as necessary to protect vehicular traffic and pedestrians from being harmed by
the work.
• Remove asphalt, baserock and subgrade material.
• Remove tree including roots.
• Remove and replace concrete sidewalk, accessibility curb ramp, driveway, curb and gutter as indicated
on plans.
• Install underground storm drain system including pipes, connections to existing structures,
catchbasins, manholes, perforated subdrains, cleanouts and geotextile fabrics/panels as indicated on
plans.
• Install Class 2 permeable material.
• Install 5'/2" AC pavement where removed.
• Install temporary traffic striping details, markings, and legends.
• Grind 2" AC and adjust manholes, monuments and vaults to grade.
• Install 2" AC overlay.
• Install traffic loops.
• Install permanent traffic striping details, markings and legends.
• During and upon completion of the installation, the entire street, gutters and sidewalks shall be swept
as often as necessary to remove debris left from construction activities to the satisfaction of the
Engineer. Remove constriction area signs at end of work.
Q:\pw\PWENGW CONTRS\2006\ Alameda Reconstmction\Contmct.dnc 57
7/31/2006
1
r
I
I
I
1
1
1
I
I
SECTION 10. CONSTRUCTION DETAILS
10-1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05, `Order of
Work' of the Standard Specifications and these Special Provisions.
10-11. MOBILIZATION.
10-11.01A GENERAL. Mobilization shall conform to the provisions in Section 11, "Mobilization," of the
Standard Specifications and to these Special Provisions.
The contractor shall notify in writing affected businesses, property owners, and residents of the proposed
work at least 48 hours before the work is to commence. In addition the contractor shall post notices along
the street, in parking lots, and deliver notices to affected businesses, property owners, and residents. Letter
type notices, 8.5" x II", will be prepared and hand delivered by the Contractor as approved by the
Engineer. The Contractor shall coordinate with the Police Department for towing and removal of any
vehicles which have not been removed by the owners and which interfere with any operations. Towing will
be paid for by the owners of said vehicles.
10-11.OIB PROGRESS SCHEDULE. A written progress schedule, specifying critical path format with
all major milestones and deadlines, shall be required of the Contractor for this project. Additionally, as
changes in the scheduling are necessitated by weather, supply problems, etc., an updated schedule shall be
delivered to the Engineer, twice per month.
10-11.01C WEEKLY PROJECT MEETINGS. Weekly project meetings between the Contractor and
Engineer shall be required throughout the duration of the Project. The time and location of these meetings will
be established at the pre -construction meeting. An updated schedule showing the number of remaining
working days shall be provided at each weekly meeting. At each weekly meeting Contractor shall provide a 3 -
week "Look Ahead" schedule. The Contractor shall host safety meetings with field crew separately at each
weekly meeting.
10-11.02 BLANK
10-11.03 SITE PROTECTION AND APPEARANCE. Contractor shall be responsible at all times during
construction, for his damage to existing medians, driveways, street lights and fixtures, utility boxes and lids
(especially those to remain, such as PG+E boxes and lids), etc.; and new curb and gutters, walls, sidewalks,
utility boxes and lids or grates, landscaping and irrigation, etc. Contractor is responsible for all
preparations, materials, cost and labor necessary to provide protection during construction. Contractor is
solely responsible for the cost of repairing all damages caused to the above items, etc. as a result of
construction work.
All work areas shall be left clean, neat and orderly per Section 4-1.02, "Final Cleaning Up" of the Standard
Specifications. Whenever work areas and/or storage and/or parking areas are not left clean, neat and
orderly, the city shall perform all necessary clean up at the Contractor's expense and a deduction shall be
made for such work on the next progress payment.
The Contract lump sum price paid for Mobilization shall include full compensation for furnishing all labor,
materials, tools, equipment and incidentals, and for doing all the applicable work specified in Section 11,
"Mobilization," of the Standard specifications, these Special Provisions and as directed by the Engineer.
The lump sum price (for both segments) for Mobilization shall not exceed fifteen percent (15%) of the
grand total bid amount of the project.
10-12. CONSTRUCTION AREA TRAFFIC CONTROL DEVICES.
10-12.01 CONSTRUCTION AREA SIGNS. Construction area signs shall be furnished, installed,
maintained, and removed when no longer required, by the Contractor, in accordance with the provisions in
Q.\pw\PWENGW CONTRS\2006\Alameda Reconstruction\Contraa.doc 58 7/31/2006
11
I
I
i1
I
I
11
Section 12, "Construction Area Traffic Control Devices", of the Standard Specifications and these Special
Provisions.
The Contractor shall notify the appropriate regional notification center for operators of subsurface
installations at least 2 working days, but not more than 14 calendar days, prior to commencing any
excavation for construction area sign posts. The regional notification centers include but are not limited to
the following:
Notification Center Telephone
Underground Service Alert -Northern California (USA) 1(800) 642-2444
All excavations required to install construction area signs shall be performed by hand methods without the
use of power equipment, except that power equipment may be used if it is determined there are no utility
facilities in the area of the proposed post holes.
Contractor shall prepare four (4) project information signs including hot line and emergency phone
number(s), dates of construction, construction company name and contact phone numbers, and any other
information as determined necessary by the Engineer, for installation at four locations, one at each end of
the work section. Project signs are to be approved by the Engineer before installation. All costs for project
information signs shall be considered as included in the costs for Construction Area Signs, and no separate
payment will be allowed therefore.
Construction area sign and marker panels conforming to the requirements in Section 12-3.06,
"Construction Area Signs," of the Standard Specifications shall be installed on barricades as directed by
the Engineer at the locations shown on the plans.
Sign panels for construction area signs and marker panels installed on barricades shall conform to the
requirements of sign panels for stationary mounted signs in Section 12-3.06A, "Stationary Mounted
Signs," of the Standard Specifications.
Full compensation for the provision of construction area signs, including the furnishing of all labor,
materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing construction
area signs required for the direction of public traffic through or around the work and for erecting or
placing, maintaining (including covering and uncovering as needed) and, when no longer required,
removing construction area signs at locations shown on the plans, as specified in the Standard
Specifications, these Special Provisions, and as directed by the Engineer, shall be considered as included in
the contract unit price paid for each sign and no additional compensation will be allowed therefore.
Full compensation for furnishing, erecting, maintaining and removing any additional construction area
signs the Contractor may deem necessary will be considered as included in the unit price paid per each for
"Construction Area Signs" and no additional compensation will be allowed therefore.
Furnishing, erecting, maintaining, moving, and removing any additional construction area signs ordered by
the Engineer will be paid for as extra work as provided in Section 4-1.03D of the Standard Specifications.
10-12.02 PUBLIC CONVENIENCES AND ACCESS. All work shall be scheduled to minimize any
inconvenience or access to residences, churches and schools. The Contractor shall submit plans, drawings
and a schedule for approval by the Engineer identifying how access along the street and to churches,
schools and residences will be maintained during construction. The Contractor is directed to Section 7,
"Legal Relations and Responsibilities," of the Standard Specifications regarding the fact that the
Contractor is responsible for protecting both his work and the public. In general, the Contractor shall
provide accessible, safe, and continuous access that is clearly marked and contains any and all necessary
provisions for signage, barriers, and markings.
No equipment shall be allowed to be parked on private properties and no equipment shall be allowed to be
Q.\pw1PWENGV. CONTRst2006\Alameda ReconstructionContract. doc
59
7/31/2006
I
I
i
I
I
I
I
I
1
1
I
parked within any traffic lanes or medians after work hours. All personnel occupying the roadway shall be
required to wear approved safety vests with protective coloration. Personal vehicles of the Contractor's
employees shall not be parked on the traveled way, including any section closed to public traffic.
10-12.02A DRIVEWAY ACCESS. Temporary closure of driveways may be allowed subject to the
advance written approval of property owners and the Engineer. However, in no case shall a driveway
remain closed for more than six (6) hours after each closure unless otherwise approved by the property
owner and authorized by the Engineer. Prior to closure of driveways, the Contractor shall coordinate and
notify the property owner or resident of such closure.
The Contractor shall host a meeting with the private properties, church and school owners and the City
prior to the closure and construction of any driveway improvements. The Contractor shall propose a
temporary driveway plan to minimize disruption to the property owners.
The Contractor shall not close two adjacent streets or driveways at the same time unless approved by the
engineer.
Temporary driveways in excavation areas shall be provided with temporary compacted backfill materials
with temporary asphalt surfacing as approved by the Engineer, or with permanent asphalt concrete, to meet
field conditions and enable sufficient support for vehicles using such temporary access.
Openings shall be provided through temporary barricades and access provided to adjacent properties at the
locations specified on the plans and as directed by the Engineer in order to meet the requirements of Part 1,
Section 6, "Legal Relations and Responsibilities" of the Standard Specifications and Sections 7-1.08,
"Public Convenience" and 7-1.09, "Public Safety" of the Standard Specifications.
10-12.03 TRAFFIC CONTROL SYSTEM. A traffic control system shall consist of closing traffic lanes
in accordance with the details shown on T-11 through T-14 of the Standard Plans, the contract plans, the
provisions of Section 12, "Construction Area Traffic Control Devices" of the Standard Specifications, and
these Special Provisions. All traffic control plans proposed by the Contractor shall be reviewed and
approved by the Engineer prior to implementation.
The provisions in this section shall not relieve the Contractor from his responsibility to provide such
additional devices or take such measures as may be necessary to comply with the provisions in Section 7-
1.09, "Public Safety," of the Standard Specifications.
Each vehicle used to place, maintain, and remove components of a traffic control system shall be equipped
with a Type II flashing arrow sign which shall be in operation when the vehicle is being used for placing,
maintaining, or removing said components. The sign shall be controllable by the operator of the vehicle
while the vehicle is in motion.
If any component in the traffic control system is displaced, or ceases to operate or function as specified,
from any cause, during the progress of the work, the Contractor shall immediately repair said component to
its original condition or replace said component and shall restore the component to its original location.
When lane closures are made for work periods only, at the end of each work period, all components of the
traffic control system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder. If the Contractor so elects, said
components may be stored at selected central locations, approved by the Engineer, within the limits of the
highway right of way.
No traffic lanes may be closed before 8:30 am. or after 4:30 p.m. without written permission from the
Engineer. A traffic control plan, specific to each location, must be submitted and approved by the
Engineer before any closures can take place.
Q \pw`PWENGw CONTRS\2006Wameda Reconstrue,ion\Contract.doc
60
7/31/2006
I
I
I
I
I
I
I
I
r
I
I
I1
I
I
Barricades shall be furnished, placed, and maintained at the locations designated by the Engineer or
specified and shall conform to the provisions in Section 12, "Construction Area Traffic Control Devices,"
of the Standard Specifications and these Special Provisions.
Barricades shall be considered as part of Traffic Control System and no separate compensation will be
allowed therefore.
The adjustment provisions in Standard Specifications 4-1.03, "Changes," shall not apply to the item of
traffic control system. Any adjustment in compensation for traffic control systems due to an increase or
decrease in the amount of traffic control system required by changes ordered by an Engineer will be made
on the basis of the cost of the increased or decreased traffic control necessary. Such adjustment will be
made on a force -account basis as provided in Section 9-1.03, "Force Account Payment," of the Standard
Specifications for increased work.
Contractor must maintain two-way traffic at all time.
10-12.03A TRAFFIC HANDLING PLANS. The Contractor shall submit traffic handling plans to the City for
approval prior to any stage of construction. The traffic handling plans for each stage shall include the
followings:
• Specify duration of each construction stage
• Specify order of work on each street block
• Show locations of temporary directional signs, pavement striping and markings for vehicles and
pedestrians
• The Contractor shall notify the utility companies and the Engineer immediately of any changes to the
schedule.
If the work items are not completed by the time specified, including any extension of time for excusable
delays, the Contractor shall be liable to the City for any additional cost incurred by the City in its completion
of the work, and the Contractor shall also be liable to the City for liquidated damages for any delay in the
completion of the work as specified in Section 8-1.07 of the State Standard Specification.
The Quantity for Traffic Control System will be measured on a lump sum basis.
The contract lump sum price paid for Traffic Control System shall include full compensation for furnishing
all labor, materials, (including signs, barricades, arrow board, changeable message sign, flagmen, striping
and markings), tools, equipment and incidentals, and for doing all the work involved in placing, removing,
storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic
control system, including supervision and traffic handling plans, as required by these Special Provisions, -
and as directed by the Engineer.
10-12.04 TEMPORARY PAVEMENT DELINEATION.
10-12.04A GENERAL. Temporary pavement delineation shall be furnished, placed, maintained, and
removed in conformance with the provisions in Section 12-3.01, "General," of the Standard Specifications
and these Special Provisions. Nothing in these Special Provisions shall be construed as reducing the
minimum standards specified in the Manual of Traffic Controls published by the Department or as
relieving the Contractor from the responsibilities specified in Section 7-1.09, "Public Safety," of the
Standard Specifications.
The Contractor shall provide temporary pavement delineation so that the same number of turning -lane and
through -lane will be maintained during construction.
Q:\pu4RWF.NO\A CONTRS\2006\Alameda Reconstruction\Cantmet. doe
61 7/31/2006
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement
delineation shall be in place prior to opening the traveled way to public traffic. Laneline or centerline
pavement delineation shall be provided at all times for traveled ways open to public traffic.
The Contractor shall perform the work necessary to establish the alignment of temporary pavement
delineation, including required lines or marks. Surfaces to receive temporary pavement delineation shall
be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over
existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation
shall be maintained until superseded or replaced with a new pattern of temporary pavement delineation or
permanent pavement delineation.
Temporary pavement markers, including underlying adhesive, and removable traffic tape which are
applied to the final layer of surfacing or existing pavement to remain in place or which conflicts with a
subsequent or new traffic pattern for the area shall be removed when no longer required for the direction of
public traffic, as determined by the Engineer.
10-12.04B TEMPORARY TRAFFIC STRIPE (TAPE). Temporary traffic stripe consisting of removable
traffic stripe tape shall be applied at the locations shown on the plans. The temporary traffic stripe tape
shall be complete in place at the location shown prior to opening the traveled way to public traffic.
Removable traffic stripe tape shall be the temporary removable traffic stripe tape listed in "Approved
Traffic Products" of these Special Provisions.
Removable traffic stripe tape shall be applied in conformance with the manufacturer's installation
instructions and shall be rolled slowly with a rubber tired vehicle or roller to ensure complete contact with
the pavement surface. Traffic stripe tape shall be applied straight on tangent alignment and on a true arc
on curved alignment. Traffic stripe tape shall not be applied when the air or pavement temperature is less
than 50°F, unless the installation procedures to be used are approved by the Engineer, prior to beginning
installation of the tape.
When removable traffic stripe tape is specified for temporary left edgeline delineation, temporary reflective
pavement markers placed at longitudinal intervals of not more than 6 feet may be used in place of the
temporary traffic stripe tape. Temporary reflective pavement markers shall be one of the types of
temporary pavement markers listed for long term day/night use (6 months or less) in "Prequalified and
Tested Signing and Delineation Materials" elsewhere in these Special Provisions. When temporary
reflective pavement markers are used in place of tape, payment for those temporary pavement markers will
be made on the basis of the theoretical quantity of temporary traffic stripe (tape), required for the left
edgeline the temporary pavement markers replace.
10-12.04C TEMPORARY PAVEMENT MARKING (TAPE). Temporary pavement marking consisting
of removable pavement marking tape shall be applied at the locations shown on the plans. The temporary
pavement marking tape shall be complete in place at the location shown, prior to opening the traveled way
to public traffic.
Removable pavement marking tape shall be the temporary removable type pavement marking tape listed in
"Approved Traffic Products" of these Special Provisions and shall be applied and removed in conformance
with the provisions specified for applying and removing the temporary traffic stripe tape.
Temporary Pavement Delineation will be measured on a lump sum basis.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all
the work involved in furnishing, applying, maintaining, removing and disposing of temporary pavement
delineation as specified herein and as directed by the Engineer, shall be considered as included in the
Contract lump sum price for the item of "Temporary Pavement Delineation", and no additional
compensation will be allowed therefore.
Q'.lpwiPWENGA CGNTRS12006Ulan,eda Reconsttuaton\Connec,..doc
62
7/31/2006
I
i
I
I
1
I
I
I
I
I
r
I
1
l
r
1
1
10-15. EXISTING HIGHWAY FACILITIES.
10-15.01 GENERAL. The work performed in connection with various existing highway facilities shall
conform to the provisions in Section 15, "Existing Highway Facilities", of the Standard Specifications,
these special provisions, as shown on the Project Plans, and the directions of the Engineer.
It is anticipated that utilities not shown on the Plans may exist within the right of way and may interfere.
with construction progress. In the event such utilities are discovered, the. Engineer shall be notified.
Attention is directed to Section 8-1.10, "Utility and Non -Highway Facilities", of the Standard
Specifications.
Facilities not designated on the Plans or by the Engineer for removal shall remain in place. Damage to
these facilities, as a result of the Contractor's operations, shall be repaired by and/or at the expense of the
Contractor to the satisfaction of the Engineer and no additional compensation will be allowed therefore.
10-15.02 COORDINATE WITH UTILITIES. Utility company coordination shall include following
items of work:
• Host a kick-off meeting with utility companies and the City within one week after receipt of notice
to proceed and submit copy of the meeting minutes to the Engineer
• Host monthly meetings with utility companies and the City during construction
• Prepare meeting minutes for meetings (Faxed minutes to attendee is acceptable.)
• For bidding purposes, the Contractor shall assume 3 meetings.
• Send out meeting announcement with agenda
• Handwritten agenda and minutes are acceptable
• Need to work closely with utility companies
• Submit monthly construction schedules to the City for approval. The first schedule shall be
submitted at least two weeks prior to construction.
• Notify utility companies and the City immediately of any changes to the schedule
• Coordinate with utility companies schedule
• Provide a fulltime supervision on -site
The Contractor shall have the responsibility to contact utility companies (a minimum of 2 working days in
advance) to verify the location of their facilities to prevent damage. No excavation shall be permitted
until after USA or respective utilities owners have located and identified their facilities within the project
limits.
The Contractor will need to work closely with all utilities. It will be necessary for the Contractor to notify
the various representatives for each utility of the ongoing construction schedule.
The Contractor's attention is directed to the requirements of Section 7-1.11, "Preservation of Property,"
and Section 8-1.10 "Utility and Non -Highway Facilities," of the Standard Specifications and these
Special Provisions. Underground Service Alert shall be notified by the Contractor by telephone at least 48
hours prior to any underground excavation.
The quantity for Coordinate with Utilities will be measured on a lump sum basis.
The Contract lump sum price paid for Coordinate with Utilities shall include full compensation for
furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in
coordinating with utilities, including preparation of meeting minutes, as shown on the plans, as required
by these Special Provisions, and as directed by the Engineer.
Q'.\p'WENG\A CONTRS\2006Wameda Reconstruction\Contract.doc
63
7/31/7006
1
I
I
1
I
I
I
I
10-15.03 SAW CUTTING. Payment for saw cutting shall be included in the associated bid items and no
separate payment will be made therefore. Saw cutting shall be accomplished using proper machinery in a
neat and clean manner. Existing features to remain shall not be damaged by saw cutting operations. No
over -cutting shall be allowed. Saw cut a minimum of 18" deep for asphalt concrete paving, base and sub-
base removal. Water and slurry from saw cutting shall not be allowed to flow across pedestrian or
vehicular way. All water and slurry resulting from saw cutting operations shall be shoveled or vacuumed
and completely removed from the site.
10-15.04 INSTALL, REPLACE, AND RELOCATE ROADSIDE SIGN. Existing roadside signs shall be
relocated or replaced, and new signs shall be installed in conformance with the provisions in Section 15-2,
"Miscellaneous Highway Facilities" of the Standard Specifications, the Plans, these Special Provisions,
and as directed by the Engineer.
Payment for Install, Replace, and Relocate Roadside Sign shall be at the Contract unit price per each and
shall include full compensation for providing all labor, tools, materials and incidentals and for doing all
work required to remove, replace, and install roadside signs. No additional compensation will be allowed
therefore.
No adjustment of the Contract bid price will be made for any increase or decrease in the quantities of
Install, Replace, and Relocate Roadside Sign required. The provisions of Section 4-1.03B, "Increased or
Decreased Quantities," of the Standard Specifications shall not apply to this item.
10-15.05 POTHOLING. Two weeks prior to any trenching work, potholing shall be performed at the
locations shown on the plans or as directed by the Engineer in order to determine the location, type and
condition of underground utilities and shall conform to these Special Provisions..
Potholing locations shown on Plans are schematic. Actual utility locations shall be determined by
contacting U.S.A. and coordinating with utility companies and City Engineer.
Contractor shall arrange and host 3 field meetings to identify exact pothole locations with utility
companies and the City.
The Contractor shall provide the Engineer with a log of the location, type and condition of each utility
found prior to commencing construction. The potholing log shall be a neatly redlined plan that shows the
horizontal and vertical location of each pothole.
The method used by the Contractor for potholing shall be approved by the Engineer in advance of
commencing any work, along with the required traffic controls. Care must be taken during potholing so
that adjacent soil is not disturbed. Recompact backlit! in 2 to 3 inch lifts to 95% relative density.
Replace pavement in kind so that no discontinuity in smooth surface results.
Pothole locations indicated or shown on the Plans are approximate only. No guarantee is made as to the
exact locations of the existing utilities.
The Contractor shall take care not to damage any existing facilities during potholing. Existing facilities
damaged by the Contractor's operations, as determined by the Engineer, shall be repaired or replaced to
the satisfaction of the Engineer, all at the Contractor's expense.
Potholing and pothole report shall be completed prior to commencing demolition and trenching.
Potholing will be paid for at the Contract unit price per each and shall include full compensation for
furnishing all labor, materials, tools, equipment and incidentals and for doing all work as shown on the
Plans including field investigations, traffic control, contacting USA, and preparing redlined plans,
adjusting pothole locations based on utility company/City meetings as required by these Special
Provisions, and as directed by the Engineer.
I
Q\pW,PWENGA CONTRS'3006Alameda Reconimuctio,Acontract.doc
64
7/31/2006
I
I
I
I
I
I
t
I
I
I
I
I
I
i
I
I
10-15.06 ADJUST STORM DRAIN AND SANITARY SEWER MANHOLE TO GRADE. Existing
storm drain and sanitary sewer manholes shall be adjusted to grade in conformance with the provisions in
Section 15-2.05, "Reconstruction," and Section 15-2.05A, "Frames, Covers, Grates and Manholes," of the
Standard Specifications, the Plans, these Special Provisions, and as directed by the Engineer.
Adjusting of manholes shall be accomplished by removing the existing frame and cover, removing the
existing concrete encasement, setting as many grade rings as necessary to adjust the manhole to the
adjacent final pavement grade, pouring a new concrete encasement with reinforcing steel, resetting the
existing frame and cover, and then replacing the asphalt concrete as necessary.
The manhole bases and openings shall be covered during the entire operation so that no debris can fall
into the storm drain and sanitary sewer systems. If debris does enter the system due to work done by the
Contractor, Contractor shall remove such debris at his own expense, at the direction of the Engineer.
The existing surface to receive a new grade ring or upon which the, existing frame will be placed is to be
cleaned and all cracks and chips are to be filled with cement mortar to form a clean, neat surface
equivalent to the surface of a new component. Manholes shall not be adjusted to final grade until the
adjacent surfacing has been completed.
Concrete removal shall be performed without damage to any portion that is to remain in place. All
damage to the existing concrete, which is to remain in place, as a result of the Contractor's operations
shall be repaired with a cement mortar mix to a condition equal to that of a new manhole. If, in the
Engineer's judgment, the repaired manhole will not be equivalent to or better than a reconstructed
manhole, the Contractor shall remove the damaged part, and all parts above it, and then reconstruct the
manhole. The cost of repairing and/or replacing existing concrete, which, in the Engineer's judgment,
was damaged by the Contractor's operations shall be at the Contractor's expense.
All materials removed during adjustment, except the existing frame and cover, shall become the property
of the Contractor and shall be disposed of as provided in Section 7-1.13, [`Disposal of Material Outside
the Highway Right -of -Way," of the Standard Specifications and Section 10, "Construction Waste
Management," of these Special Provisions. If, in the Engineer's judgment, the existing frame and cover is
unsuitable, the unsuitable frame or cover shall be replaced with a new frame or cover. The cost of
replacing unsuitable frames and covers, which, in the Engineer's judgment, are unsuitable and not due to
the Contractor's operations shall be paid for on a Force Account basis provided for in Section 9-1.03 of
the Standard Specifications. Unsuitable frames and covers shall become the property of the Contractor
and shall be disposed of as provided above. The cost of replacing unsuitable frames and covers, which in
the Engineer's judgment were damaged by the Contractor's operations, will be at the Contractor's
expense.
Payment for Adjusting Storm Drain and Sanitary Sewer Manholes to Grade shall be at the Contract unit
price per each for the type of manhole adjusted and shall include full compensation for providing all
labor, tools, materials and incidentals and for doing all work required to adjust storm drain and sanitary
sewer manholes to grade and no additional compensation will be allowed therefore.
Manholes located outside of the paving areas shall not be adjusted to grade as part of this contract unless
directed by the engineer.
10-15.07 ADJUST TRAFFIC BOXES, UTILITY BOXES AND LIDS IN SIDEWALK AREA TO
GRADE. Where shown on the plans or as directed by the Engineer, existing traffic boxes and utility
boxes and lids shall be adjusted so that there will not be any perceptible difference in elevation between
the finished pavement surface and the lid. The Engineer shall be the sole judge of the acceptable degree
of smoothness between the cover and adjacent paving.
Portland cement concrete used for adjusting covers shall be Class 13, 5 sack minor concrete conforming to
the provisions in Standard Specification Section 51, "Concrete Structures," and shall be 1" maximum
grading specified in Section 90-3.04, "Combined Aggregate Grading" of the 1999 Standard
Q:\pwWWENON CONTRS\2006\Alameda Reconstruction \ Contract . doc
65 7/31/2006
Specifications
I
I
r
I1
I
I
I
1
I
I
I
I
I
i
I
I
Quantities of Adjust Traffic boxes, Utility Boxes and Lids in Sidewalk Area to Grade will be measured
on a lump sum basis.
The contract lump sum price for Adjust Traffic Boxes, Utility Boxes and Lids in Sidewalk Area to Grade
shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and
for doing all the work involved in adjusting the facility (including removing and disposing of concrete)
complete in place, as shown on the plans, as specified herein and in the Special Provisions, and as
directed by the Engineer.
10-15.08 ADJUST SURVEY MONUMENT COVER TO GRADE. Existing survey monument covers
shall be adjusted to grade in conformance with the provisions in Section 15-2.05, "Reconstruction," and
Section 15-2.05A, "Frames, Covers, Grates and Manholes," of the Standard Specifications, the Plans,'
these Special Provisions, and asdirected by the Engineer.
Payment for Adjusting Survey Monument Cover to Grade shall be at the Contract unit price per each and
shall include full compensation for providing all labor, tools, materials and incidentals and for doing all
work required to adjust survey monument cover to grade and no additional compensation will be allowed
therefore.
No adjustment of the Contract bid price will be made for any increase or decrease in the quantities of
Adjusting Survey Monument Cover to Grade required. The provisions of Section 4-1.03B, "Increased or
Decreased Quantities," of the Standard Specifications shall not apply to this item.
10-15.9 REMOVE CURB AND GUTTER. Existing concrete curb and gutter, designated on the plans to
be removed, shall be removed and disposed of.
Attention is directed to the provisions in Sections 16, "Clearing and Grubbing," and 19-1.04, "Removal
and Disposal of Buried Man -Made Objects," of the Standard Specifications.
Removed curb and gutter shall be disposed of outside the highway right of way in accordance with the
provisions in Section 7-1.13 of the Standard Specifications.
Contractor shall remove existing concrete curb and gutter to the nearest score joint at areas where new curb
and gutter conforms to existing.
Removing Curb and Gutter will be measured by the actual linear foot of curb and gutter removed.
The contract price paid per linear foot for Remove Curb and Gutter shall include full compensation for
furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in
Removing Curb and Gutter and disposing of material removed, including saw cutting, as specified in these
Special Provisions and as directed by the Engineer.
10-15.10 REMOVE CONCRETE SIDEWALK, DRIVEWAY, RAMPS. Existing concrete sidewalk,
driveway and ramps, designated on the plans to be removed, shall be removed and disposed of.
Attention is directed to the provisions in Sections 16, "Clearing and Grubbing," and 19-1.04, "Removal
and Disposal of Buried Man -Made Objects," of the Standard Specifications.
Removed sidewalk, driveway and ramps shall be disposed of outside the highway right of way in
accordance with the provisions in Section 7-1.13 of the Standard Specifications.
Removing Concrete Sidewalk, Driveway, Ramps will be measured by the actual square foot of sidewalk,
driveway, and ramps removed and will be paid for at the contract price per square foot for Remove
Concrete Sidewalk, Driveway, Ramps.
Q9pw\PWENG\A CONTRS\2006\Alameda Reconstruction\Cantractdoc
66 7/31/2006
I
I
I
1
1
I
1
I
I
I
I
I
1
I
The contract price paid per square foot for Remove Concrete Sidewalk, Driveway, Ramps shall include
full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all
work involved in Removing Concrete Sidewalk, Driveway, Ramps and disposing of material removed,
including saw cutting, as specified in these Special Provisions and as directed by the Engineer.
10-15.13 REMOVE ASPHALT CONCRETE PAVING ON AGGREGATE BASE. Existing base and
bituminous surfacing to be removed shall be removed to the limits and elevations shown on the plans.
Where a portion of existing surfacing is to be removed, the outline of the area to be removed shall be cut
on a neat line with a power -driven saw to a minimum depth of 0.17 -foot before removing the surfacing. At
existing street saw cut a minimum depth of 8" through asphalt concrete paving and aggregate base.
Removal shall include asphalt paving and full depth of existing aggregate base.
Full compensation for saw cutting existing surfacing shall be considered as included in the contract price
paid per square foot for Remove Asphalt Concrete Paving on Aggregate Base and no additional
compensation will be allowed therefore.
The material removed shall be disposed of outside the highway right of way as provided in Section
15-2.03, "Disposal," of the Standard Specifications.
Remove Asphalt Concrete Paving on Aggregate Base will be measured by the square foot as shown on the
bid form for removing asphalt concrete paving on aggregate base. The quantity to be paid for will be the
actual area of surface removed and will be paid for at the contract price per square foot for Remove
Asphalt Concrete Paving on Aggregate Base.
The contract price paid per square foot for Remove Asphalt Concrete Paving on Aggregate Base shall
include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for
doing all work involved in removing asphalt concrete paving and base and disposing of material removed,
including saw cutting, as specified in these Special Provisions and as directed by the Engineer.
10-19. EARTHWORK. Earthwork shall conform to Section 19, "Earthwork," of the Standard
Specifications and these Special Provisions. This work shall consist of performing all operations necessary
to excavate all materials, regardless of character and subsurface conditions, from the roadway prism or
adjacent thereto; to excavate all materials, of whatever nature, to excavate selected material from the
roadway and borrow material for use as specified; to place backfill for pipes, and other facilities; to backfill
trenches and depressions resulting from the removal of obstructions; to backfill holes, pits and other
depressions within the work area; to apply water; to excavate and grade road approaches, driveways,
sidewalks, tree wells and pavement connections; to prepare basement material for the placing of other
material thereon; all as shown on the plans and as specified in the Standard Specifications and the Special
Provisions, and as directed by the Engineer; and furnishing all labor, materials, tools, equipment, and
incidentals, and for doing all the work that may be required to construct and maintain the roadway
faci l i ties.
The Contractor shall be responsible for meeting the finish grades as shown on the plans in the sidewalks,
and the new pavement areas. Imported material shall be installed beneath the new roadway sections where
existing pavement and concrete has been removed, and beneath new curb, gutter, and sidewalks. The
source of imported material shall be approved by the Engineer prior to delivery to site. Achieving
subgrade in the road, curb, gutter, and/or sidewalk will require exporting or importing additional soils
and/or materials depending on the thickness of the material removed.
After the existing pavement, baserock and earth has been removed to the proposed subgrade elevation, and
prior to placing Class 2 permeable material or Class 2 aggregate baserock, the exposed surface soils in
those areas shall be scarified to a minimum depth of 6 inches, moisture conditioned, and compacted to at
least 90 percent relative compaction as determined by ASTM Test Designation D1557, latest edition. The
upper 6 inches of pavement subgrade shall be compacted to a minimum relative compaction of 95%. Fill
Q-..\pw\PWENG1A CONTRS\2006\Nameda Reconstruction \Contren.doc
67
7/31/2006
I
I
i
I
I
I
I
I
I
I
I
shall be placed in lifts not exceeding 8 inches in uncompacted thickness and should be compacted such
that each lift is firm and non -yielding under the weight of construction equipment. Any on -site wet soils
must not be used as fill unless they are properly moisture conditioned prior to re -use.
If the moisture content of the subgrade and/or fill materials is significantly above the optimum moisture as
determined by the Engineer, or his representative, it must be:
1) Scarified and air-dried until the fill materials or subgrade has a suitable moisture content for
compaction.
2) Over -excavation of the saturated material and replace with suitable on -site or import materials with an
appropriate moisture content.
3) Chemically treated with lime or cement to reduce the moisture content and increase the strength of fill'
The appropriate mitigation measure above must be reviewed and approved by the Engineer or his
representative prior to implementing.
Existing on -site soils having an organic content of less than 3 percent by weight, and meeting the size and
moisture requirements, are generally suitable for use as fill at the site. Fill material may not include rocks
or lumps larger than 6 inches in greatest dimension, with 15 percent or less larger than 21/2 inches in the
greatest dimension. The on -site wet soils shall not be used for fill unless they are properly moisture
conditioned; soils at moisture contents greater than 5 percent over optimum moisture (ASTM D1557) must
be removed from the project site by the Contractor.
Imported fill material shall be inorganic not more corrosive than on -site native materials, including pH,
soluble sulfates, chlorides and resistivity: And shall have a plasticity index of 15 or less, and an R -value of
10 or greater. Imported fill should have sufficient binder to reduce the potential for sidewall caving of
utility trenches. Sample of proposed import fill should be submitted to the Engineer a minimum of two
weeks prior to delivery to the site to allow for review and testing. Documentation must be provided for
import material.
Bedding and pipe embedment materials to be used around underground utility pipes shall be well graded
sand or gravel, in conformance with the requirements of Section 19 of the Standard Specifications. Trench
backfill shall be placed and compacted in accordance with the plans, these Special Provisions and Section
19 of the Standard Specifications. On -site soils may be used as general fill above pipe embedment
materials provided they meet the requirements of these Special Provisions and Section 19 of the Standard
Specifications, and are properly moisture conditioned. General fill must be placed in lifts not exceeding 8
inches in uncompacted thickness, and must be compacted to at least 90 percent relative compaction
(ASTM Dl 557 latest edition) by mechanical means only. The upper 6 inches of general fill in all
pavement areas subject to wheel loads must be compacted to at least 95 percent relative compaction
(ASTM D1557).
The contractor is responsible for all trench dewatering, temporary slopes and trenches and the design of
any required temporary shoring. Shoring, bracing, and benching must be performed by the Contractor in
accordance with the Standard Specification and all applicable governing safety requirements.
Full compensation for earthwork shall be considered as included in the contract price paid for items of
work most closely associated and no additional compensation will be allowed therefore.
10-20. EROSION CONTROL.
10-20.01. EROSION CONTROL. The Contractor shall be required to adhere to the provisions of Section
20, "Erosion Control and Highway Planting," of the Standard Specifications, and Section 7, "Water
Pollution," of these Special Provisions and the directions of the Engineer throughout the work.
Temporary erosion controls may consist of fiber logs, plastic tarps, "Dandy Bags", silt sacks, temporary
berms, or any combination of these or other means acceptable to the Engineer to prevent polluted runoff
and/or wind erosion.
Q:\pw\PWENGV._CONTRS\2006\Alameda Reconstr ction\Conmact doc
68
7/31/2006
U
U
1
I
1
I
I
I
I
1
I
I
I
i
1
Temporary erosion controls shall be applied, maintained and removed by the Contractor as specified herein
and as directed by the Engineer. The Contractor shall not commence any excavation, backfilling, grading
or stockpiling operations until temporary erosion control materials have been delivered to the work site.
The Contractor shall certify in writing that the quantity of temporary erosion control materials at the site is
sufficient to protect and/or contain any stockpiles or soils that will be exposed by the work, and shall
specify the type of material and intended use in the written certification.
Temporary erosion controls shall be installed at the conclusion of the work week to the satisfaction of the
Engineer. The Engineer shall also require the installation of temporary erosioncontrols at the conclusion of
any workday when rain and/or wind is occurring or forecast. Erosion control shall include silt sacks at all
inlets tributary to project grading.
Contractor Response
The Contractor is advised that he may be required to respond to the work site after hours and/or on
weekends or holidays to mitigate potential erosion or sedimentation and/or to repair damaged silt fencing
and other erosion controls. Failure to respond within four (4) hours of notification by the City shall
constitute substantial non-compliance with these Special Provisions.
Should the City be required to provide any after-hours, weekend or holiday repairs to the Contractor's
erosion controls due to the Contractor's failure to respond, all costs associated with providing that
response, including overtime wages, equipment and material costs, shall be deducted from the Contractor's
final payment. The Contractor shall also be fully responsible for any fines, penalties or mitigations imposed
by any regulatory agency caused by his failure to respond, regardless if the City attempts any repairs or
pollution prevention work in his absence.
Stockpiles
All soil and/or rock stockpiles shall be protected against wind and rainfall erosion at all times. Plastic
sheeting may be used to cover soils (including aggregate base), but shall be securely anchored by sandbags
or other suitable means. At no time will any stockpiled materials be allowed to erode into any water body
or drainage facility or onto any roadway.
Staging Areas
The Contractor shall contain runoff that may potentially leave any staging area to within the staging area
by any suitable means approved by the Engineer. The Contractor may employ straw logs, straw mulch, silt
fencing, temporary berms, settling basins or any combination of these or other means acceptable to the
Engineer to prevent polluted runoff from staging areas.
Staging area BMPs shall be maintained throughout the duration of the work. Staging area BMPs shall be
completely removed and disposed of outside the highway right of way in accordance with the provisions of
Section 7-1.13, "Disposal of Material Outside the Highway Right -of -Way" of the Standard Specifications,
by the Contractor at his expense at the conclusion of the work.
Winterization
Should the Contractor fail to complete the work within the specified number of working days with any
time extensions allowed by the Engineer and the permitting agencies, the Contractor shall be required to
winterize the sites and any staging areas at his expense as specified herein and as directed by the Engineer.
Winterization shall include, at a minimum, removal or securing, at the Engineer's option, of any stockpiled
materials; removing equipment from the vicinity; restoring the staging area; and ensuring positive drainage
through the work sites.
Erosion Control Redline
As part of the price paid for erosion control, the Contractor shall provide a redlined submittalshowing
proposed erosion control devices. Redlined erosion control plan shall be in conformance with criteria
described above and these Special Provisions.
Q'\pwWWFNG\A CONIRS@006WWmeda Recanstrumion\Contract.doc
69
7/31/2006
1
t
1
1
I
1
I
1
1
1
1
Payment
The contract lump sum price paid for Erosion Control shall include full compensation for furnishing all
labor, material, tools, equipment and incidentals, and for performing all the work involved in erosion and
sediment control, including delivery of the materials to the site prior to excavation, backfill, grading or
stockpiling work, certification; maintenance, removal, preparing erosion control redline, hauling and
disposal outside the highway right of way, asshown on the plans and as directed by the Engineer, and no
additional compensation will be allowed therefore.
10-26. AGGREGATE BASE.
Aggregate base shall be Class 2 and shall conform to the provisions in Section 26, "Aggregate Bases," of
the Standard Specifications and these Special Provisions.
Aggregate base shall be produced from commercial quality aggregate consisting of broken stone, crushed
gravel, natural, clean, rough -surfaced gravel and sand, or a combination thereof. The Engineer shall
approve aggregate base material prior to being delivered to the project site.
The grading of the material shall conform to the 3/4 -inch, maximum specified in Section 26-1.02A, "Class
2 Aggregate Base," of the Standard Specifications.
Spreading and compacting shall conform to theprovisions of Section 26 of the Standard Specifications,
and these Special Provisions, that will produce a uniform base, firmly and properly compacted, and free
from pockets of coarse or fine material. ATSM Test Designation D 1557 shall be used to determine the
relative compaction of the aggregate base. Pavement subgrade shall be prepared and compacted as
described in Section 10-19, Earthwork, of these Special Provisions.
Aggregate base shall be placed where shown on the Plans, as specified in these Special Provisions and as
directed by the Engineer. Any aggregate base placed outside the lines and dimensions shown on the Plans
which is not authorized by the Engineer in writing shall not be paid for.
Aggregate base that is used to provide temporary access to work areas and driveways shall be paid for by
the Contractor.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the
work involved in hauling and placing aggregate base (Class 2) in place as shown on the Plans, as specified
in the Standard Specifications, these Special Provisions, and as directed by the Engineer shall be
considered as included in the various items of work and no additional compensation will be allowed
therefore.
10-39. ASPHALT CONCRETE
10-39.01 GENERAL. Asphalt concrete shall be Type B and conform to the provisions in Section 39,
"Asphalt Concrete,"of the Standard Specifications and these Special Provisions.
The Contractor will be responsible for any damage to existing curbs, gutters, sidewalks and driveways, and any
asphalt concrete or asphaltic emulsion stains occurring during the course of this Contract. Stains will be
cleaned by sandblasting, or any other method satisfactory to the Engineer. The cost of repairing this damage
shall be considered as included in the various items of work and no additional compensation will be allowed
therefore.
Any asphalt concrete placed outside the lines and dimensions shown on the Plans, which are unauthorized by
the Engineer, shall not be paid for. Such quantity of asphalt concrete will be determined by the Engineer using
any method which in the Engineer's. opinion is best suited to obtain an accurate quantity, and such quantity will
be deducted from the total paid the Contractor.
Q:\pw\PWENG\ACONTRS\2006\Alameda Reconstruction \Comract.doc 70 7/31/2006
The contract price paid for asphalt concrete shall include full compensation for furnishing all labor, material,
tools, equipment and incidentals including delivery of the materials to the site, and measured in tons placed.
10-39.02 PLANE ASPHALT CONCRETE PAVEMENT (GRINDING). Full pavement width of asphalt
concrete overlay areas, as shown on the Plans, shall be planed to 0.2' in accordance with these Special
Provisions, the Plans, and as directed by the Engineer.
Planing asphalt concrete pavement shall be performed by cold planing. The cold planing machine shall have a
cutter head at least 30 inches wide and shall be operated so as not to produce fumes or air pollution.
The depth, width and shape of the cut shall be as indicated on the Plans or as directed by the Engineer. The
Contractor is advised that more than one pass may be necessary to develop the specified depth and width. The
final planing cut shall result in a uniformly rough surface. The outside lines of the planed area shall be neat
and uniform. The road surfacing to remain in place shall not be damaged in any way.
Project paving limit conforms shall be made by a transverse cut and shall be planed to a depth of 2".
Whenever such planed conforms exist in automobile or bicycle travel lanes, the Contractor shall provide
asphalt ramps to provide a smooth transition between the two non -level surfaces as directed by the Engineer
and all at the Contractor's expense.
Any damage, as a result of the Contractor's operations, to asphalt concrete pavement, Portland Cement
Concrete curbs and gutters, and other existing improvements that are to remain shall be repaired or replaced by
the Contractor at his expense. The material planed from the roadway surface shall become the property of the
Contractor and shall be disposed of outside of the highway right-of-way in conformance with Section 7-1.13,
"Disposal of Materials Outside of the Highway Right -of -Way", of the Standard Specifications.
The Contract price paid per square foot for Plane Asphalt Concrete Pavement (Grinding) shall include full
compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work
involved in planing, transporting, placing, and/or disposing of bituminous surfacing as specified herein and no
additional compensation will be allowed therefore.
10-39.03 ASPHALT CONCRETE.
10-39.04 ASPHALT CONCRETE OVERLAY. Asphalt concrete for overlay cold planed areas shall be Type
B,'/" maximum, coarse grading and shall conform to the provisions in Section 39, "Asphalt Concrete," of the
Standard Specifications and these Special Provisions.
Any asphalt concrete placed outside the lines and dimensions shown on the Plans and which is not authorized
by the Engineer in writing shall not be paid for.
The contract price paid per ton for Asphalt Concrete Overlay shall include full compensation for furnishing all
labor, materials, tools, equipment, and incidentals, and for doing all work as shown on the Plans, including
asphalt concrete, placing, hand raking where required, and compacting as specified in the Standard
Specifications and these Special Provisions, and as directed by the Engineer.
10-39-4.03 PAVEMENT REINFORCING FABRICS
Pavement reinforcing fabric shall be in conformance with the provisions of Section 39-4.03, "Pavement
Reinforcing Fabrics" of the Standard Specifications and these Special Provisions.
The contract unit price per square yard of reinforcing fabric shall include full compensation for furnishing all
labor, materials, tools, equipment, and incidentals and for doing all the work involved in installing the
engineering fabric complete and in place, as specified in the Standard Specifications, City Standard Details,
these Special Provisions, and as directed by the Engineer.
10-51. CONCRETE STRUCTURES.
Q \pwW WENG\A_CONTRSOA06\Alameda Reconsirucrio, Con,ract dec 71
7/31/2006
I
1
1
1
1
1
1
1
1
1
10-51.01 GENERAL. Concrete Structures shall conform to the provisions of Section 51, "Concrete
Structures," Section 73, "Concrete Curbs and Sidewalks," and Section 90, "Portland Cement Concrete," of
the Standard Specifications, these Special Provisions, and to the directions of the Engineer.
10-51.02 CLASS 2 CONCRETE (MINOR STRUCTURE). Class 2 concrete (minor structure) shall
conform to the provisions in Section 51, "Concrete Structures," of the Standard Specifications and these
Special Provisions.
Minor structures identified on the Plans or in the Special Provisions as storm drain manholes, catch basins,
inlets, and transition structures shall be constructed of minor concrete. The construction of storm drain
manholes, catch basins, inlets, transition structures, and trenches shall conform to the City Standard Details
and Project Plans.
Portland cement concrete for minor structures shall be produced from commercial quality aggregate and
cement content per cubic yard of concrete shall not be less than 564 pounds of cement.
Bar reinforcing steel shall conform to the provisions in Section 52 "Reinforcement," of the Standard
Specifications.
The Contractor's attention is directed to take care when working in and around facilities that are to remain.
The cost of repairing any damages, to the satisfaction of the Engineer, resulting from the Contractor's
operation shall be entirely borne by the Contractor.
Minor structures, at the option of the Contractor, may be furnished and installed as precast units, or the
units may be combined precast and cast -in -place structures, provided the structures in place substantially
conform to cast -in -place construction as specified in these specifications.
Quantities of 36" Standard Storm Drain Manholes, complete with bases, frames and covers, will be
measured in the field by actual count. Storm drain manholes complete with base, frames and covers will
be paid at the contract unit bid price and shall include full compensation for furnishing all labor, materials,
tools, equipment and incidentals and for doing all work involved in constructing storm drain manholes
complete in place, including structure excavation, structure backfill and reinforcing steel, connections to
storm drain, adjustment of frame and cover to finish grade, and supervision, as shown on the plans, as
required by these Special Provisions, and as directed by the Engineer.
Quantities of Catch Basins complete with grate and frame, will be measured in the field by actual count.
Catch Basins complete with grate and frame will be paid at the contract unit bid price per each and shall
include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for
doing all work involved in constructing catch basins, including structure excavation, structure backfill,
reinforcing steel, connections to existing storm drains, and supervision, as shown on the Plans, as required
by these Special Provisions, and as directed by the Engineer.
Quantities of Storm Drain Connection to Existing Structures will be measured in the field by actual count.
Connections will be paid at the contract unit bid price per each and shall include full compensation for
furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in
constructing per the details on the plans, including structure excavation around pipes, structure backfill,
reinforcing steel, connections to existing storm drains, 6 -sack concrete and supervision, as shown on the
Plans, as required by these Special Provisions, and as directed by the Engineer.
Quantities of Concrete Trench will be measured by the linear foot on the horizontal. The Contract unit
price paid per linear foot for Class 1 Concrete Trench per the details on the plans shall include full .
compensation for furnishing all labor, tools, materials, rebar, including Class 1 concrete, equipment and
incidentals, and for doing all the work involved in excavating for and installing concrete cap, complete in
place and no additional compensation shall be allowed therefore. The quantities of concrete trench shown
on the bid form include a 45 -foot allowance for additional concrete trench to be determined in the field.
Q\pw\PWENG69 CONTRS,2006UIameda Reconstruction \Coniract.doc
72 7/31/2006
1
i
1
1
1
1
10-51.04 CLASS 3 CONCRETE. Class 3 concrete shall conform to the provisions of Section 51,
"Concrete Structures," Section 90, "Portland Cement Concrete," and Section 73, "Concrete Curbs and
Sidewalks," of the Standard Specifications, these Special Provisions, the Plans and as directed by the
Engineer.
Concrete curb and gutter, sidewalk, vertical curb, and driveway shall be constructed and/or reconstructed
at the locations shown on the Plans and as designated by the Engineer. The Contractor is advised that the
portions of any Portland Cement Concrete facilities that are removed to conform to the new grades or for
storm drain pipe installation shall be replaced "in kind", except where indicated on Plans.
10-51.04A CURB AND GUTTER. The construction of concrete curb and gutter shall conform to the
provisions in Section 73, "Concrete Curbs and Sidewalks," of the Standard Specifications, the details on
the Plans, and these Special Provisions. All curb and gutter and vertical curb shall be Class 3, minimum
28 -day compressive strength 2,500 psi, minimum 5 sack mix, maximum 3/4" aggregate. Provide a medium
broom finish with direction parallel to centerline of roadway. Portland Cement shall be a mix of type I or
II by RMC Lonestar or approved equal. After sample approval, the type of cement may not be changed on
a subsequent concrete batch.
Reinforcing shall conform to the provisions in Section 52 "Reinforcement" in the Standard Specifications.
Class 2 aggregate base or aggregate subbase shall be placed under concrete curb and gutter and shall
conform to the provisions of Section 26, "Aggregate Bases," of the Standard Specifications.
Grading and filling for conform on backside of curb and gutter where required shall be included in the cost
of curb and gutter. Fill material shall be select non -expansive and shall be predominately granular material
that is non -expansive in nature and contain no organic matter. Grading shall conform to section 19,
"Earthwork," of the Standard Specifications.
Prior to pouring concrete curb, Contractor shall verify the pavement slopes shown on the plans match the
field conditions. The Engineer shall approve curb forms.
The Quantity of Curb and Gutter shall be measured by the linear foot along the face of curb.
The contract unit price paid per linear foot for Curb and Gutter, Type "A2(6)" shall include full
compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work
involved in constructing standard concrete curb and gutter, complete in place, including excavation,
subgrade preparation, placing and compaction of aggregate base, grading and filling behind curb and gutter
where designated, as shown on the plans, as required by these Special Provisions, and as directed by the
Engineer.
10-51.04B CONCRETE SIDEWALK. Concrete sidewalk shall be Class 3 (5 sack mix), 3/4" maximum
aggregate, with 1 lb. lamp black per cubic yard added for coloration. The contract unit price per square
foot for Concrete Sidewalk shall include full compensation for furnishing all labor, materials, tools,
equipment, and incidentals and for doing all the work involved in Concrete Sidewalk, complete and in
place, as specified in the Standard Specifications, City Standard Details, these Special Provisions, and as
directed by the Engineer.
10-64. PLASTIC PIPE
10-64.01. PVC STORM DRAIN PIPE. Plastic pipe shall conform to the provisions of Section 64,
"Plastic Pipe," of the Standard Specifications and these Special Provisions. Section 5-1.116, "Differing
Site Conditions," of the Standard Specifications shall not apply to this item.
Storm drain pipe 12" and greater in diameter shall be polyvinyl chloride (PVC) plastic pipe with smooth
interior and conform to ASTM D1784, AWWA C900 DR 18, for pipes as shown on plans. Pipe joints
shall be a bell and spigot assembly with elastomeric sealing gaskets. Sealing gaskets shall meet the
requirements of ASTM-F477. Solvent cement joint shall not be used.
Q;\pw\PWENG\A CONTRS\2006\Alameda Reconstruction \Con"act.doc
73
7/31/2006
1
1
1
1
i
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Storm drain pipe less than 12" in diameter shall be polyvinyl chloride (PVC) plastic pipe with smooth
interior and conform to ASTM D3034 SDR-26 for pipes as shown on plans. Pipe joints shall be a bell and
spigot assembly with elastomeric sealing gaskets. Sealing gaskets shall meet the requirements of ASTM F-
477. Solvent cement joints shall not be allowed.
All pipe joints shall be made using manufactured PVC fittings and couplings, conforming to ASTM
D3034. Band type compression couplings shall not be allowed. The Contractor shall take care not to
damage any existing facilities when connecting the PVC pipe to existing drainage structures. Existing
drainage facilities and pipe damaged as a result of the Contractor's operations shall be replaced or repaired
to the satisfaction of the Engineer entirely at the Contractor's expense.
The Contractor shall verify the locations of utilities or other obstacles and resolve any grade line conflicts
prior to any trenching and installation of new PVC pipe. Prior to trenching, the Contractor shall verify the
horizontal and vertical location of the downstream connections for all new storm drain pipes.
Structure excavation necessary to comply with the trench depth requirements as shown on the Plans shall
be completely removed and disposed of outside the highway right of way in conformance with Section 7-
1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications.
The Contractor is advised to exercise caution in operations subsequent to the installation of the PVC pipe.
New PVC pipe which is damaged by the Contractor's operations shall be replaced at the Contractor's
expense.
The Contractor shall place PVC storm sewer pipe as shown on the Plans, as specified in these Special
Provisions, and as directed by the Engineer. All pipe shall be laid upgrade (from lowest to highest
elevation). Any deviation from this requirement must be approved by the Engineer in advance of
commencing excavation operations. Proposed invert elevations shall govern over graphical depictions on
the Plans and/or the theoretical slope/distance elevation calculations.
Trench backfill shall conform to detail shown on the plans. The final road structural section shall not be
placed within the trench limits until all required pipe and trench testing have been approved by the
Engineer.
Pavement areas outside the limits of the trench as shown on the Plans or as modified by the Engineer, shall
be protected from damage by the Contractor. Any areas outside the approved work limits of the trench area
shall be repaired in a manner approved by the Engineer. The cost for all repair shall be borne solely by the
Contractor.
The proposed PVC pipes shall be connected to storm drain inlets and structures as shown on the Plans, as
specified in these Special Provisions, and as directed by the Engineer. The pipe ends shall be cut flush
with the interior walls of the drainage inlets and structures and concrete mortar may be used to create a
smooth interior wall face at the new connections.
Should the Engineer determine that work be suspended for the Winter Season due to the Contractor not
aggressively prosecuting the project to completion within the stipulated time, the Contractor shall be
responsible for "winterizing" the project to the satisfaction of the Engineer and for maintaining said project
in a safe, acceptable manner, including any work to connect existing and new drainage system to convey
and collect storm water in the event construction of the new drainage system was not completed, all at the
expense of the Contractor.
PVC Storm Drain Pipe shall be measured on the horizontal, along the centerline, between the interior faces
of the new storm drain inlets, manholes and existing drainage structures, rounded up to the nearest foot,
regardless of the amount of pipe ordered to accomplish the work.
The Contract unit price paid per linear foot and by size for PVC Storm Drain Pipe shall include full
compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the
Q\pwPWENGW CONTRSVA06WIameda Reconstructor'\ Contract doe
74 7/31/2006
i
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
I
work involved in installing the PVC pipe complete in place, including saw cutting, trench excavation,
dewatering, disposal of material, trench backfill (including aggregate base), temporary paving, connecting
pipe to new and existing drainage structures, cutting the pipe ends flush, plugging any openings between
pipe and structure with a Class 2 mortar mix, shaping and troweling the bottom of existing structures to
create a smooth transition between inlet and pipe, repairs and/or reconstruction of newly installed pipe to
obtain passing results of pipe testing, and for conforming to the trench and drainage details as shown on
the Plans and as directed by the Engineer, and no additional compensation will be allowed therefore.
10-64.02. UNDERDRAINS. This work shall conform to the provisions of Section 68, Subsurface
Drains, of the Standard Specifications and these Special Provisions. This work shall consist of furnishing
and installing perforated plastic pipe, and furnishing and placing permeable material and filter fabric as
shown on the plans or directed by the Engineer, and as specified in these specifications and the Special
Provisions.
Pipe materials shall be manufactured in accordance with the following requirements:
Permeable Material — Permeable material for use in pavement base sections, backfilling trenches, under,
around, and over underdrains, shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall
be free from organic material, clay balls, or other deleterious substances. Class 2 permeable material shall
conform to the requirement in the Standard Specifications, Section 68. Class 2 permeable material shall
have a Durability Index of not less than 40, and a Sand Equivalent value of not less than 75.
Filter Fabric — Filter fabric for use with underdrains shall conform to the requirements in Section 88,
"Engineering Fabrics." Filter fabric shall be placed in underdrain trenches in accordance with the details
shown on the plans and as specified in Section 68-1.03, "Installing Underdrains," of the Standard
Specifications.
Installing Underdrains — Trenches for underdrains shall be excavated, the filter fabric place, the pipe
installed and the trench backfilled with permeable material according to the dimensions and details shown
on the plans. Surfaces to receive filter fabric, immediately prior to placing, shall be free of loose or
extraneous material and sharp objects that may damage the filter fabric during installation.
Adjacent rolls of the fabric shall be overlapped a minimum of 18 inches. The preceding roll shall overlap
the following roll in the direction the material is being spread.
Should the fabric be damaged during placing, the torn or punctured section shall be either empletely
replaced or shall be repaired by placing a piece of fabric that is large enough to cover the damaged area
and to meet the overlap requirement.
Damage to the fabric resulting from the Contractor's vehicles, equipment or operations shall be replaced or
repaired by -the Contractor at his expense.
Perforated pipes shall be laid with the perforations down.
Measurement — The length of pipe to be paid for will be the slope length designated by the Engineer. Pipe
placed in excess of the length designated by the Engineer will not be paid for.
Elbows, wyes, tees, risers, outlets, and other branches will be measured by the linear foot for the size and
type of underdrain pipe they are connected to. Elbows, outlets, and risers will be measured along center
lines. Wyes, tees, and other branches will be measured along center lines to the point of intersections.
Payment — Pipe underdrains, measured as specified in Section 6801.04, "Measurement," of the Standard
Specifications, will be paid for at the contract price per linear foot for the various sizes, types, thicknesses,
and coatings of pipe underdrains as designated in the Engineer's Estimate.
Q \pw\PWENG\A CONTTRS\2006\Alameda Recanstruclion\Contrael. doe
75
7/31/2006
1
1
1
I
1
1
1
1
I
The contract price paid per linear foot for pipe underdrains shall include full compensation for furnishing
all labor, materials, tools, equipment, and incidentals and for doing all the work involved in installing pipe
underdrains complete in place, including excavation, filter fabric, permeable material, welded metal
covers, and structure backfill if required, as shown on the plans, as specified in these specifications and the
Special Provisions, and as directed by the Engineer.
10-64.03. REPLACE/EXTEND SIDEWALK CURB DRAIN. Existing sidewalk curb drains to be
replaced and extended to new curb line as shown on plan and as in conformance with these Special
Provisions.
A minimum of 2" concrete cover shall be provided over all pipes. Pipe invert shall meet flow line of
gutter.
Quantities of Replace Sidewalk Curb Drain will be measured by the linear foot.
Replace Sidewalk Curb Drain will be paid at the contract unit bid price per linear foot for Replace
Sidewalk Curb Drain complete in place and shall include full compensation for furnishing all labor,
materials (including elbow and PVC pipe), tools, equipment, and incidentals, and for doing all work
involved in replacing sidewalk curb drain complete in place, including supervision, as shown on the Plans,
as required by these Special Provisions, and as directed by the Engineer.
10-68. CLASS 2 PERMEABLE MATERIAL. Permeable material for use in pavement base sections,
backfilling trenches, under, around, and over underdrains shall conform to the requirements in the
Standard Specifications, Section 68. It shall consist of hard, durable, clean and, gravel or crushed stone,
and shall be free from organic material, clay balls, or other deleterious substances. Class 2 permeable
material shall have a Durability Index of not less than 40, and a Sand Equivalent value of not less than 75.
The Engineer shall approve Class 2 permeable material prior to being delivered to the site.
The percentage composition by weight of Class 2 permeable material in place shall conform to the
gradings for Class 2 permeable material as specified in Section 68-1.025, of the Standard Specifications.
Spreading and compacting shall conform to the provisions of Section 26 of the Standard Specifications and
these Special Provisions, that will produce a uniform base, firmly and properly compacted, and free from
pockets of coarse or fine material. ASTM Test Designation Dl 557 shall be used to determine the relative
compaction of the Class 2 permeable base. Pavement subgrade shall be prepared and compacted as
described in Section 10-19, Earthwork, of these Special Provisions.
Class 2 permeable material shall be placed where shown on the plans, as specified in these Special
Provisions, and as directed by the Engineer. Any Class 2 permeable material placed outside of the lines
and dimensions shown on the Plans which is not authorized by the Engineer in writing shall not be paid
for.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all work
involved in hauling and placing Class 2 permeable material in place as shown on the Plans, as specified in
the Standard Specifications, these Special Provisions, and as directed by the Engineer shall be considered
as included in the payment and no additional compensation will be allowed therefore. Quantities of Class
2 permeable material to be paid for will be measured in tons placed.
10-84. THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS. Thermoplastic traffic
stripes and pavement markings shall conform to the provisions in Section 84-1, "General," and 84-2,
"Thermoplastic Traffic Stripes and Pavement Markings," of the Standard Specifications, these Special
Provisions, the Plans, and as directed by the Engineer.
Thermoplastic stripes and pavement markings shall be applied hot in conformance with manufacturer's
recommended instructions and Section 84-2.04, "Application" of the Standard Specifications. Thermoplastic
material for traffic stripes and markings shall be applied at a minimum thickness of 0.070 inch. The Contractor
Q:1pw\PWENG'A CONTRS\2W6\Alameda Reconstruction \ Contract .doc
76
7/31/2006
1
1
1
I
1
1
shall apply glass beads to the surface of the molten thermoplastic in accordance with Section 84-2.02,
"Materials," of the Standard Specifications. State Specifications for glass beads may be obtained from the
Transportation Laboratory, 5900 Folsom Boulevard, Sacramento, CA 95819, (916) 227-7000.
The Contractor is advised that it will be his responsibility to identify existing pavement markings and legends
within the project limits and to replace these pavement markings and legends to existing locations. Prior to
commencing any asphalt concrete operations, the Contractor and the Engineer shall inspect the location of all
legends and markings to be replaced.
Thermoplastic traffic stripes and pavement markings shall be paid for in accordance with Section 10-15.20 of
these Special Provisions.
10-86. SIGNALS, LIGHTING AND ELECTRICAL SYSTEMS
10-86.01 DESCRIPTION. Modifying and installing pedestrian lighting, and conduit as part of the street
improvements on Third and Fourth Avenue shall conform with the latest edition of the Caltrans Standard
Specifications Section 86 "Signal, Lighting and Electric Systems" of the Standard Specifications, and these
Specifications.
10-86.01.2 DETECTORS LOOPS
Detector loops as shown on the plans shall be installed in conformance with the provisions of Section 86-5,
"Detectors" and these Special Provisions.
At the contractor's option, where a Type A loop is indicated on the plans, a Type E loop may be substituted.
The diameter and spacing of the Type E detector loops, shown on Standard Plan ES -5B, is 6 feet and 10 feet,
respectively. The sides of the slot shall be vertical and the minimum radius of the slot entering and leaving the
circular part of the loop shall be 1'/z inches. Slot width shall be a maximum of 3/4 inch. Loop wire for circular
loops shall be Type 2. slots of circular loops shall be filled with elastomeric sealant or hot melt rubberized
asphalt sealant.
Residue resulting from slot cutting operations shall not be permitted to flow across shoulders or lanes occupied
by traffic and shall be removed from the pavement surface.
Slots shall be filled with asphaltic emulsion sealant.
Slots in asphalt concrete pavement shall be filled with asphaltic concrete sealant as follows:
After conductors are installed in the slots cut in the pavement, paint binder (tack coat) shall be applied to all
vertical surfaces of slots in accordance with the provisions in section 39-4,02, "Prime Coat and Paint binder
(Tack Coat)," of the Standard Specifications.
Temperature of sealant material during installation shall be above 70 F. Air temperatureduring installation
shall be above 50 F. Sealant placed in the slots shall be compacted by use of an 8 inch diameter by 1/8 inch
thick steel hand roller or other tool approved by the Engineer. Compacted sealant shall be flush with the
pavement surface. Minimum conductor coverage shall be one inch. Excess sealant remaining after roller shall
not be reused. On completion of rolling, traffic will be permitted to travel over the sealant.
Where one detector consists of a sequence of 4 loops in a single lane, the front loop closest to the limit line
or crosswalk shall be Type D and located one foot from the limit line. All loops shall be connected in
series.
Q.\pw\PWENGU CONTR \2S 006\Alamedo ReconsLruc,ion\Contract.doc 77
7/3 t/2006
SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION
PROJECTS
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
(Exclusive of Appalachian Contracts)
GENERAL. —The work herein proposed will be financed in
or in part with Federal funds, and therefore all of the statutes,
Ihole
les and regulations promulgated by the Federal Government and
plicable to work financed in whole or in part with Federal funds
ill apply to such work. The "Required Contract Provisions,
Federal -Aid Construction Contracts, "Form FHWA 1273, are
cluded in this Section 14. Whenever in said required contract
n irevisions references are made to "SHA contracting officer", "SHA
sident engineer", or "authorized representative of the SHA", such
references shall be construed to mean "Engineer" as defined in
'Section 1-1.18 of the Standard Specifications.
PERFORMANCE OF PREVIOUS CONTRACT. —In addition
o the provisions in Section II, "Nondiscrimination," and Section VII,
"Subletting or Assigning the Contract," of the required contract
provisions, the Contractor shall comply with the following:
The bidder shall execute the CERTIFICATION WITH RE-
GARD TO THE PERFORMANCE OF PREVIOUS CON-
TRACTS OR SUBCONTRACTS SUBJECT TO -THE EQUAL
OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED
REPORTS located in the proposal. No request for subletting or
assigning any portion of the contract in excess of $10,000 will be
considered under the provisions of Section VII of the required
contract provisions unless such request is accompanied by the
CERTIFICATION referred to above, executed by the proposed
subcontractor.
NON -COLLUSION PROVISION. —The provisions in this
ction are applicable to all contracts except contracts for Federal Aid
econdary projects.
Title 23, United States Code, Section 112, requires as a condition
precedent to approval by the Federal Highway Administrator of the
ontract for this work that each bidder file a sworn statement
xecuted by, or on behalf of, the person, firm, association, or
orporation to whom such contract is to be awarded, certifying that
such person, firm, association, or corporation has not, either directly
in
r indirectly, entered into any agreement, participated in any
ollusion, or otherwise taken any action in restraint of free
ompetitive bidding in connection with the submitted bid. A form to
akc the non -collusion affidavit statementrequired by Section 112 as
a certification under penalty of perjury rather than as a sworn
Itatement as permitted by 28, USC, Sec. 1746, is included in the
roposal.
PARTICIPATION BY MINORITY BUSINESS EN-
TERPRISES IN SUBCONTRACTING. —Part 26, Title 49, Code
If Federal Regulations applies to this Federal -aid project. Pertinent
ections of said Code are incorporated in part or in its entirety within
ther sections of these special provisions.
ISchedule B —Information for Determining Joint Venture Eli-
ibility
I
I
(This form need not be filled in if all joint venture firms are
minority owned.)
I. Name of joint venture
2. Address of joint venture
3. Phone number of joint venture
4. Identify the firms which comprise the joint venture. (The
MBE partner must complete Schedule A.)
a. Describe the role of the MBE firm in the joint venture.
b. Describe very briefly the experience and business
qualifications of each non -MBE joint venturer:
5. Nature of the joint venture's business
6. Provide a copy of the joint venture agreement.
7. What is the claimed percentage of MBE ownership? —
8. Ownership of joint venture: (This need not be filled in if
described in the joint venture agreement, provided by question 6.).
Revised 3-95
08-07-95
Q\pw\PWENG\A CONTRS\2006\Alameda Reconstructian\Conireadoc
FR -1
78
7/31/2006
1
1
i
U
I
I
I
I
I
I
I
w
1
a. Profit and loss sharing.
b. Capital contributions, including equipment.
c. Other applicable ownership interests.
Name of Firm Name of Firm
9. Control of and participation in this contract. Identify by Signature Signature
name, race, sex, and "firm" those individuals (and their titles)
who are responsible for day-to-day management and policy
decision making, including, but not limited to, those with prime Name Name
responsibility for:
a. Financial decisions
b. Management decisions, such as:
I. Estimating
2. Marketing and sales
3. Hiring and firing of management personnel _
4. Purchasing of major items or supplies
c. Supervision of field operations
Note. —If, after filing this Schedule B and before the completion
of the joint venture's work on the contract covered by this
regulation, there is any significant change in the information
submitted, the joint venture must inform the grantee, either directly
or through the prime contractor if the joint venture is a
subcontractor.
Affidavit
"The undersigned swear that the foregoing statements are correct
and include all material information necessary to identify and
explain the terms and operation of our joint venture and the
intended participation by each joint venturer in the undertaking.
Further, the undersigned covenant and agree to provide to grantee
current, complete and accurate information regarding actual joint
venture work and the payment therefor and any proposed changes
in any of the joint venture arrangements and to permit the audit
and examination of the books, records and files of the joint
venture, or those of each joint venturer relevant to the joint
venture, by authorized representatives of the grantee or the Federal
funding agency. Any material misrepresentation will be grounds
for terminating any contract which may be awarded and for
initiating action under Federal or State laws concerning false
statements."
Revised 3-95
08-07-95
FR -2
79,
Title Title
Date Date
Date
State of
County of
On this day of , 19 _, before me
appeared (Name) , to me personally known,
who, being duly sworn, did execute the foregoing affidavit, and did
state that he or she was properly authorized by (Name of fim)
to execute the affidavit and did so
as his or her free act and deed.
Notary Public
Commission expires
[Seal]
Date
State of
County of
On this day of , 19 before me
appeared (Name) to me personally known,
who, being duly sworn, did execute the foregoing affidavit, and did
state that he or she was properly authorized by (Name of firm)
to execute the affidavit and did
so as his or her free act and deed.
Notary Public
Commission expires
[Seal
I Page
I. General 3
I. Nondiscrimination 3
II. Nonsegregated Facilities 5
V. Payment of Predetermined Minimum Wage 6
V. Statements and Payrolls 8
11. Record of Materials, Supplies, and Labor 9
II. Subletting or Assigning the Contract 9
III. Safety: Accident Prevention 10
IX. False Statements Concerning Flighway Project 10
it Implementation of Clean Air Act and Federal Water
Pollution Control Act 10
Xl. Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion I1
ill. Certification Regarding Use of Contract Funds for
Lobbying 12
IA. Employment Preference for Appalachian Contracts (included in
ppalachian contracts only)
ATTACHMENTS
GENERAL
I. These contract provisions shall apply to all work performed on
the contract by the contractor's own organization and with the
ii
sistance of workers under the contractor's immediate
uperintendence and to all work performed on the contract by
ecework, station work, or by subcontract
2. Except as otherwise provided for in each section, the contractor 1all insert in each subcontract all of the stipulations contained in
ese Required Contract Provisions, and further require their
clusion in any lower tier subcontract or purchase order that may in
turn be made. The Required Contract Provisions shall not be
ifcorporated by reference in any case. The prime contractor shall be
sponsible for compliance by any subcontractor or lower tier
bcontractor with these Required Contract Provisions.
• 3. A breach of any of the stipulations contained in these Required
ontract Provisions shall be sufficient grounds for termination of the
ontract.
4. A breach of the following clauses of the Required Contract
rovisions may also be grounds for debarment as provided in
9 CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs I and 2a through 2g.
5. Disputes arising out of the labor standards provisions of Section
IV (except paragraph 5) and Section V of these Required Contract
rovisions shall not be subject to the general disputes clause of this
ontract. Such disputes shall be resolved in accordance with the
rocedures of the U.S. Department of Labor (DOL) as set forth in
29 CFR 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the contractor (or any of its subcontractors)
and the contracting agency, the DOL, or the contractor's employees
or their representatives.
6. Selection of Labor: During the performance of this contract,
the contractor shall not:
a. discriminate against labor from any other State, possession, or
territory of the United States (except for employment preference
for Appalachian contracts, when applicable, as specified in
Attachment A), or
b. employ convict labor for any purpose within the limits of the
project unless it is labor performed by convicts who are on parole,
supervised release, or probation.
II. NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
I. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth under laws,
executive orders, rules, regulations (28 CFR 35, 29 CFR 1630,
and 41 CFR 60) and orders of the Secretary of Labor as modified by
the provisions prescribed herein, and imposed pursuant to
23 U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractor's project activities under this
contract. The Equal Opportunity Construction Contract
Specifications set forth under 41 CFR 60-4.3 and the provisions of
the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set
forth under 28 CFR 35 and 29 CFR 1630 are incorporated by
reference in this contract. In the execution of this contract, the
contractor agrees to comply with the following minimum specific
requirement activities of EEO:
a. The contractor will work with the State highway agency
(SHA) and the Federal Government in carrying out EEO obli-
gations and in their review of his/her activities under the contract.
b. The contractor will accept as his operating policy the
following statement:
"It is the policy of this Company to assure that applicants are
employed, and that employees are treated during employment,
without regard to their race, religion, sex, color, national origin, age
or disability. Such action shall include: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship, preapprenticeship,
and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known to
the SHA contracting officers an EEO Officer who will have the
responsibility for and must be capable of effectively
•
Fenn 1273 — Revised 3.95
08-07-95
FR -3
80.
I
r
I
I
I
1
I
1
1
1
A
I
administering and promoting an active contractor program of EEO
and who must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's staff
who are authorized to hire, supervise, promote, and discharge
employees, or who recommend such action, or who are substantially
involved in such action, will be made fully cognizant of, and will
implement, the contractors EEO policy and contractual
responsibilities to provide EEO in each grade and classification'of
employment. To ensure that the above agreement will be met, the
following actions will be taken as a minimum:
. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then not
less often than once every six months, at which time the
contractor's EEO policy and its implementation will be reviewed
and explained. The meetings will be conducted by the EEO
Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering all
major aspects of the contractors EEO obligations within thirty
days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minoritygroup employees.
d. Notices and posters setting forth the contractor's EEO policy
will be placed in areas readily accessible to employees, applicants
for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement
such policy will he brought to the attention ofemployces by means
of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor
will include in all advertisements for employees the notation: "An
Equal Opportunity Employer." All such advertisements will be
placed in publications having a large circulation among minority
groups in the area from which the project work force would normally
be derived.
a. The contractor will, unless precluded by a valid bargaining
agreement, conduct systematic and direct recruitment through
public and private employee referral sources likely to yield
qualified minority group applicants. To meet his requirement, the
contractor will identify sources of potential minority group
employees, and establish with such identified sources procedures
whereby minority group applicants may be referred to the
contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement
providing for exclusive hiring hall referrals, he is expected to
observe the provisions of that agreement to the extent that the
system permits the contractors compliance with EEO contract
provisions. (The DOL has held that where implementation of such
agreements have the effect of discriminating against minorities or
women, or obligates the contractor to do the same, such
implementation violates Executive Order'l 1246, as amended.)
c. The contractor will encourage his present employees to refer
Form 1273 — Revised 3-95
08-07-95
FR -4
minority group applicants for employment. Information and
procedures with regard toreferring minority group applicants will
be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee
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:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities do
not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages
paid within each classification to determine any evidence of
discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection with
his obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant, such
corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform every
complainant of all of his avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minority group and women employees, and
applicants for employment.
b. Consistent with the contractor's work force requirements and
as permissible under Federal and State regulations, the contractor
shall make full use of training programs, i.e.; apprenticeship, and
on-the-job training programs for the geographical area of contract
performance. Where feasible, 25 percent of apprentices or trainees
in each occupation shall be in their first year of apprenticeship or
training. In the event a special provision for training is provided
under this contract, this subparagraph will be superseded as
indicated in the special provision.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance re-
quirements for each.
d. The contractor will periodically review the training and
promotion potential of minority group and women employees and
will encourage eligible employees to apply for such training and
promotion.
Q:\pw\P WENG\A CONTRS\2006\Alameda Reconstruction\Contract.doc
07/312006
-81-
17. Unions: If the contractor relics in whole or in part upon unions
s a source of employees, the contractor will use his/her best efforts
o obtain the cooperation of such unions to increase opportunities for
minority groups and women within the unions, and to effect referrals
is
y such unions of minority and female employees. Actions by the
ontractor either directly or through a contractor's association acting
agent will include the procedures set forth below:
a. The contractor will use best efforts to develop, in cooperation
Iwith the unions, joint training programs aimed toward qualifying
more minority group members and women for membership in the
unions and increasing the skills of minority group employees and
women so that they may qualify for higher paying employment.
b. The contractor will use best efforts to incorporate an EEO
clause into each union agreement to the end that such union will be
contractually bound to refer applicants without regard to their race,
color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral,
practices and policies of the labor union except that to the extent
such information is within the exclusive possession of the labor
union and such labor union refuses to furnish such information to
the contractor, the contractor shall so certify to the SHA and shall
set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with
a reasonable flow of minority and women referrals within the time
limit set forth in the collective bargaining agreement, the
contractor will, through independent recruitment efforts, fill the
employment vacancies without regard to race, color, religion, sex,
national origin, age or disability; making full efforts to obtain
qualified and/or qualifiable minority group persons and women.
(The DOL has held that it shall be no excuse that the union with
which the contractor has a collective bargaining agreement
providing for exclusive referral failed to refer minority employees.)
In the event the union referral practice prevents the contractor
from meeting the obligations pursuant to Executive Order 11246,
as amended, and these special provisions, such contractor shall
immediately notify the SHA.
18. Selection of Subcontractors, Procurement of Materials and
easing of Equipment: The contractor shall not discriminate on the
ounds of race, color, religion, sex, national origin, age or disability
in the selection and retention of subcontractors,' including
ocurement of materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and
suppliers of his/her EEO obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49
CFR 26, shall have equal opportunity to compete for and perform
subcontracts which the contractor enters into pursuant to this
contract. The contractor will use his best efforts to solicit bids
Ifrom and to utilize DBE subcontractors or subcontractors with
meaningful minority group and female representation among their
employees. Contractors shall obtain lists of DBE construction
firms from SHA personnel.
U
I
I
1
c. The contractor will use his best efforts to ensure subcontractor
compliance with their EEO obligations.
9. Records and Reports: The contractor shall keep such records
1 necessary to document compliance with the EEO requirements.
FR -5
I
Such records shall be retained for a period of three years following
completion of the contract work and shall be available at reasonable
times and places [or inspection by authorized representatives of the
SHA and the PHWA.
a. The records kept by the contractor shall document the
following:
(I) The number of minority and non -minority group members
and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation with
unions, when applicable, to increase employment opportunities
for minorities and women;
(3) Tne progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minority and female
employees; and
(4) The progress and efforts being made in securing the
services of DBE subcontractors or subcontractors with
meaningful minority and female representation among their
employees.
b. The contractors will submit an annual report to the SHA each
July for the duration of the project, indicating the number of
minority, women, and non -minority groupemployees currently
engaged in each work classification required by the contract work.
This information is to be reported on Form FHWA-1391. If on-
the-job training is being required by special provision, the
contractor will be required to collect and report training data.
III NONSEGREGATED FACILITIES
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
a. By submission of this bid, the execution of this contract or
subcontract, or the consummation of this material supply
agreement or purchase order, as appropriate, the bidder, Federal -
aid construction contractor, subcontractor, material supplier, or
vendor, as appropriate, certifies that the firm does notmaintain 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 firm agrees that a breach
of this certification is a violation of the EEO provisions of this
contract. The firm further certifies that no employee will be denied
access to adequate facilities on the basis of sex or disability.
b. As used in this certification, the term "segregated facilities"
means any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, time -clocks, locker rooms, and
other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
facilities provided for employees which are segregated by explicit
directive, or are, in fact, segregated on the basis of race, color, reli-
gion, 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).
Form 1273 — Revised 3-95
0R-07-95
I1pw\PWENG\A_CONTRS\2006\Alameda Reconstruction \Contract doe
82 7/31/2006
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
i
I
c. 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.
IV. PAYMENT OF PREDETERMINED MINIMUM
WAGE
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located on
roadways classified as local roads or rural minor collectors, which are
exempt.)
1. General:
a. All mechanics and laborers employed or working upon the
site of the work will be paid unconditionally and not less often
than. once a week and without subsequent deduction or rebate on
any account [except such payroll deductions as are permitted by
regulations (29 CFR 3)] issued by the Secretary of Labor under the
Copeland Act (40 U.S.C. 276c) the full amounts of wages and
bona fide fringe benefits (or cash equivalents thereof) due at time
of payment. The payment shall be computed at wage rates not less
than those contained in the wage determination of the Secretary of
Labor (hereinafter "the wage determination") which is attached
hereto and made a part hereof, regardless of any contractual re-
lationship which maybe alleged to exist between the contractor or
its subcontractors and such laborers and mechanics. The wage
determination (including any additional classifications and wage
rates conformed under paragraph 2 of this Section IV and the DOL
poster (WH-1321) or Form FHWA-1495) shall be posted at all
times by the contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can be easily
seen by the workers. For the purpose of this Section, contributions
made or costs reasonably anticipated for bona fide fringe benefits
under Section I (b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on
behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of Section IV,
paragraph 3b, hereof. Also, for the purpose of this Section, regular
contributions made or costs incurred for more than a weekly period
(but not less often than quarterly) under plans, funds, or programs,
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period. Such
laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of
work actually performed, without regard to skill, except as
provided in paragraphs 4 and 5 of this Section IV.
b. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein, provided, that
the employer's payroll records accurately set forth the time spent in
each classification in which work is performed.
c. All rulings and interpretations of the Davis -Bacon Act and
related acts contained in 29 CFR 1, 3, and 5 are herein
incorporated by reference in this contract.
Form 1273 — Revised 3-95
08-07-95
FR -6
Q:\pw\PWENGW_CONTRS\20065Alameda Reconstruction\Contactdoc 83
2. Classification:
a The SHA contracting officer shall require that any class of
laborers or mechanics employed under the contract, which is not
listed in the wage determination, shall be classified in conformance
with the wage determination.
b. The contracting officer shall approve. an additional
classification, wage rate and • fringe benefits only when the
following criteria have been met:
(I) the work to be performed by the additional classification
requested is not performed by a classification in the wage
determination;
(2) the additional classification is utilized in the area by the
construction industry;
(3) the proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination; and
(4) with respect to helpers, when such a classification prevails
in the area in which the work is performed.
c. If the contractor or subcontractors, as appropriate, the laborers
and mechanics (if known) to be employed in the additional
classification or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the DOL,
Administrator of the Wage and Hour Division, Employment
Standards Administration, Washington, D.C. 20210. The Wage
and. Hour Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30 -day
period that additional lime is necessary.
d. In the event the contractor or subcontractors, as appropriate,
the laborers or mechanics to be employed in the additional
classification or their representatives, and the contracting officer
do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where
appropriate), the contracting officer shall refer the questions,
including the views of all interested parties and the
recommendation of the contracting officer, to the Wage and Hour
Administrator for determination. Said Administrator, or an
authorized representative, will issue a determination within 30
days of receipt and so advise the contracting officer or will notify
the contracting officer within the 30 -day period that additional
time is necessary
e. The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraph 2c or 2d of this Section IV shall
be paid to all workers performing work in the additional
classification from the first day on which work is performed in the
classification.
3. Payment of Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit which
is not expressed as an hourly rate, the contractor or subcontractors,
as appropriate, shall either pay the - benefit
7/31/2006
I
1
I
1
1
1
1
I
i
i
1
I
L4. Apprentices and Trainees (Programs of the U.S. DOL) and
elpers:
as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly case equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not
make payments to a trustee or other third person, he/she may
consider as a part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, provided, that the
Secretary of Labor has found, upon the written request of the
contractor, that the applicable standards of the Davis -Bacon Act
have been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of
obligations under the plan or program.
a. Apprentices:
(I) Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the DOL, Employment
and Training Administration, Bureau of Apprenticeship and
Training, or with a State apprenticeship agency recognized by
the Bureau, or if a person is employed in his/her first 90 days of
probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the
program, but who has been certified by the Bureau of Ap-
prenticeship and Training or a State apprenticeship agency
(where appropriate) to be eligible for probationary employment
as an apprentice.
(2) The allowable ratio of apprentices to journeyman -level
employees on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire
work force under the registered program. Any employee listed
on a payroll at an apprentice wage -rate, who is not registered or
otherwise employed as stated above, shall be paid not less than
the applicable wage rate listed in the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in exdess of the ratio
permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the
work actually performed. Where a contractor or subcontractor
is performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman -level hourly rate)
specified in the contractor's or subcontractor's registered
program shall be observed.
(3) Every apprentice must be paid at not less than the rate -
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeyman -level
hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be
paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Adminis-
trator for the Wage and Hour Division determines that a
different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination.
FR -7
(4) In the event the Bureau of Apprenticeship and Training,
or a State apprenticeship agency recognized by the Bureau,
withdraws approval of an apprenticeship program, the contractor
or subcontractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the
comparable work performed by regular employees until an
acceptable program is approved.
b. Trainees:
(I) Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the DOL,
Employment and Training Administration. -
(2) The ratio of trainees to journeyman -level employees on
the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration.
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 Training Administration shall be paid not less
than the applicable wage rate on the wage determination for the
classification of work actually performed, In addition, any
trainee performing work onthe job site in excess of the ratio
permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the
work actually performed.
(3) Every trainee must be paid at not less than the rate
specified in the approved program for his/her level of progress,
expressed as a percentage of the joumeyman-level hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. -If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of the
Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding
joumeyman-level wage rate on the wage determination which
provides for less than full fringe benefits for apprentices, in
which case such trainees shall receive the same fringe benefits
as apprentices.
(4) In the event the Employment and Training Administration
withdraws approval of a training program, the contractor or
subcontractor will no longer be permitted to utilize trainees at
less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
c. Helpers:
Helpers will be permitted to work on a project if the helper
classification is specified and defined on the applicable wage
determination or is approved pursuant to the conformance
procedure set forth in Section IV.2. Any worker listed on a
payroll at a helper wage rate, who is not a helper under an
approved definition, shall be paid not less than the applicable
wage rate on the wage determination for the classification of
work actually performed.
Form 1273 — Revised 3-95 -
08-07-95
f:\pw\PWENG\A_CONTRS\20061,41ameda Reconstruction\Contract.doc 84
7/31/2006
5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill
training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal -aid
highway construction programs are not subject to the requirements of
paragraph 4 of this Section IV. The straight time hourly wage rates
for apprentices and trainees under such programs will be established
by the particular programs. The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of the
particular program.
6. Withholding:
The SHA shall upon its own action or uponwritten request of an
authorized representative of the DOL withhold, or cause to be
withheld, from the contractor or subcontractor under 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 same prime contractor, as
much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the contractor or any
subcontractor the full amount of wages required by the contract. In
the event of failure to pay 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 SHA
contracting officer may, after written notice to the contractor, take
such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations
have ceased.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of
laborers, mechanics, watchmen, or guards (including apprentices,
trainees, and helpers described in paragraphs 4 and 5 above) shall
require or permit any laborer, mechanic, watchman, or guard in any
workweek in which he/she is employed on such work, to work in
excess of 40 hours in such workweek unless such laborer, mechanic,
watchman, or guard receives compensation at a rate not less than one -
and -one-half times his/her basic rate of pay for all hours worked in
excess of 40 hours in such workweek.
8. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event of
any violation of the clause set forth in paragraph 7 above, the
contractor and any subcontractor responsible thereof 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 (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, mechanic, watchman, or guard employed in
violation of the clause set forth in paragraph 7, in the sum of $ 10 for
each calendar day on which such employee was required or permitted
to work in excess of the standard work week of 40 hours without
payment of the overtime wages required by the clause set forth in
paragraph 7.
Form 1273 — Revised 3-95
08-07-95
9. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of any
authorized representative of the DOL withhold, or cause to be
withheld, from any monies payable on account of work performed by
the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other
Federally -assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided, in the clause set forth in paragraph 8
above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located on ,
roadways classified as- local roads or rural collectors, which are
exempt.)
1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the
Secretary of Labor which are herein incorporated by reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be maintained
by the contractor and each subcontractor during the course of the
work and preserved for a period of 3 years from the date of
completion of the contract for all laborers, mechanics, apprentices,
trainees, watchmen, helpers, and guards working at the site of the
work.
FR -8
b. The payroll records shall contain the name, social security
number, and address of each such employee; his or her correct
classification; hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or
cash equivalent thereof the types described in Section I(b)(2)(B)
of the Davis Bacon Act); daily and weekly number of hours
worked; deductions made; and actual wages paid. In addition, for
Appalachian contracts, the payroll records shall contain a notation
indicating whether the employee does, or does not, normally reside
in the labor area as defined in Attachment A, paragraph 1.
Whenever the Secretary of Labor, pursuant to Section IV,
paragraph 3 b, has found that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in Section
I(b)(2)(B) of the Davis Bacon Act, the contractor and each
subcontractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan
or program is financially repossible, that the plan or program has
been communicated in writing to the laborers or mechanics
affected, and show the cost anticipated or the actual cost incurred
in providing benefits. Contractors or subcontractors employing
apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprentices and trainees, and
ratios and wage rates prescribed in the applicable programs.
Q:\pw\PWENG\A_CONTRS\2006\Alameda Reconstruction\Contract.doc 85
7/31/2006
c. Each contractor and subcontractor shall furnish, each week in
which any contract work is performed, to the SHA resident
engineer a payroll of wages paid each of its employees (including
apprentices, trainees, and helpers, described in Section IV,
paragraphs 4 and 5, and watchmen and guards engaged on work
during the preceding weekly payroll period). The payroll
submitted shall set out accurately and completely all of the
information required to be maintained under paragraph 2b of this
Section V. This information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose and
may be purchased from the Superintendent of Documents (Federal
stock number 029-005-0014-1), U.S. Government Printing Office,
Washington, D.C. 20402. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
d. Each payroll submitted shall be accompanied by a "Statement
of Compliance," signed by the contractor or subcontractor or
his/her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) that the payroll for the payroll period contains the
information required to be maintained under paragraph 2b of
this Section V and that such information is correct and
complete;
(2) that such laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the
full wages earned, other than permissible deductions as set forth
in the Regulations, 29 CFR 3;
(3) that each laborer or mechanic has been paid not less that
the applicable wage rate and fringe benefits or cash equivalent
for the classification of worked performed, as specified in the
applicable wage determination incorporated into the contract.
e. The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH-347 shall satisfy
the requirement for submission of the "Statement of Compliance"
required by paragraph 2d of this Section V.
I f. 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.
g. The contractor or subcontractor shall make the records re-
quired under paragraph 2b of this Section V available for inspec-
tion, copying, or transcription by authorized representatives of the
SHA, the FHWA, or the DOL, and shall permit such represen-
tatives 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 SHA; the FHWA, the 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 for debarment
action pursuant to 29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND
LABOR
1. On all Federal -aid contracts on the National highway System,
except those which provide solely for the installation of protective
devices at railroad grade crossings, those which are constructed on a
force account or direct labor basis, highway beautification contracts,
and contracts for which the total final construction cost for roadway
and bridge is less than $1,000,000 (23 CFR 635) the contractor shall:
a. Become familiar with the list of specific materials and
supplies contained in Form FHWA-47, "Statement of Materials
and Labor Used by Contractor of Highway Construction Involving
Federal Funds," prior to the commencement of work under this
contract.
b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in the work, and also of
the quantities of those specific materials and supplies listed on
Form FHWA-47, and in the units shown on Form FHWA-47.
c. Furnish, upon the completion of the contract, to the SHA
resident engineer on Form FHWA-47 together with the data
required in paragraph I b relative to materials and supplies, a final
labor summary of all contract work indicating the total hours
worked and the total amount earned.
2. At the prime contractor's option, either a single report covering
all contract work or separate reports for the contractor and for each
subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
I. The contractor shall perform with its own organization contract
work amounting to not less than 30 percent (or a greater percentage if
specified elsewhere in the contract) of the total original contract
price, excluding any specialty items designated by the State.
Specialty items may be performed by subcontract and the amount of
any such specialty items performed may be deducted from the total
original contract price before computing the amount of work required
to be performed by the contractor's own organization (23 CFR 635).
a. "Its own organization" shall be construed to include only
workers employed and paid directly by the prime contractor and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor, assignee, or agent of the prime
contractor.
FR -9
b. "Specialty Items" shall be construed to be limited to work that
requires highly specialized knowledge, abilities, or equipment not
ordinarily available in the type of contracting organizations
qualified and expected to bid on the contract as a whole and in
general are to be limited to minor components of the overall
contract.
Form 1273 — Revised 3-95
08-07-95
I:\pwWWENG\A_CONTRS12006\Alameda Reconstruction\Contract.doc 86
7/31/2006
2. The contract -amount upon which the requirements set forth in
paragraph 1 of Section VII is computed includes the cost of material
and manufactured products which are to be purchased or produced by
the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or
supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its own
organizational resources (supervision, management, and engineering
services) as the SHA contracting officer determines is necessary to
assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise
disposed of except with the written consent of the SHA contracting
officer, or authorized representative, and such consent when given
shall not be construed to relieve the contractor of any responsibility
for the fulfillment of the contract. Written consent will be given only
after the SHA has assured that each subcontract is evidenced in
writing and that it contains all pertinent provisions and requirements
of the prime contract.
VIII. SAFETY: ACCIDENT PREVENTION
I. In the performance of this contract the contractor shall comply
with all applicable Federal, State, and local laws governing safety,
health, and sanitation (23 CFR 635). The contractor shall provide all
safeguards, safety devices and protective equipment and take any
other needed actions as it determines, or as the SHA contracting
officer may determine, to be reasonably necessary to protect the life
and health of employees on the job and the safety of the public and to
protect property in connection with the performance of the work
covered by the contract.
2. It is a condition of this contract, and shall be made a condition
of each subcontract, which the contractor enters into pursuant to this
contract, that thecontractorand any subcontractor shall not permit
any employee, in performance of the contract, to work in
surroundings or under conditions which are unsanitary, hazardous or
dangerous to his/her health or safety, as determined under
construction safety and health standards (29 CFR 1926) promulgated
by the Secretary of Labor, in accordance with Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 333).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that
the Secretary of Labor or authorized representative thereof, shall have
right of entry to any site of contract performance to inspect or
investigate the matter of compliance with the construction safety and
health standards and to carry out the duties of the Secretary under
Section 107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high degree
of reliability on statements and representations made by engineers,
contractors, suppliers, and workers on Federal -aid highway projects,
it is essential that all persons concerned with the project perform their
functions as carefully, thoroughly, and honestly as possible. Willful
falsification, distortion, or misrepresentation with respect to any facts
related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts,
Form 1273 — Revised 3-95
08-07-95
the following notice shall be posted on each Federal -aid highway
project (23 CFR 635) in one or more places where it is readily
available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON
FEDERAL -AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever being an officer, agent, or employee of the -United
States, or any State or Territory, or whoever,whether a person,
association, firm, or corporation, knowingly' makes any false
statement, false representation, or false report as to the character,
quality, quantity, or cost of the material used -or to be used, or the
quantity or quality of the work performed or to be performed, or the
cost thereof in connection with the submission of plans, maps,
specifications, contracts, or costs ofconstruction on any highway or
related project submitted for approval to the Secretary of
Transportation; or
Whoever knowingly makes any false statement, false repre-
sentation, false report or false claim with respect to the character,
quality, quantity, or cost of any work performed or to be performed,
or materials furnished or to be furnished, in connection with the
construction of any highway or related project approved by the
Secretary of Transportation; or
Whoever knowingly makes any false statement or false repre-
sentation as to material fact in any statement, certificate, or report
submitted pursuant to provisions of the Federal -aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and sup-
plemented;
Shall be fined not more that $10,000 or imprisoned not more than
5 years or both."
X. IMPLEMENTATION OF CLEAN AIR ACT AND
FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal -aid construction contracts and, to all
related subcontracts of $100,000 or more.)
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:
I. That any facility that is or will be utilized in the performance of
this contract, unless such contract is exempt under the Clean Air Act,
as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91-604),
and under the Federal Water Pollution Control Act, as amended (33
U.S.C. 1251 et seq., as amended by Pub. L. 92-500), Executive Order
11738, and regulations in implementation thereof (40 CFR 15) is not
listed, on the date of contract award, on the U.S. Environmental Pro-
tection Agency (EPA) List of Violating Facilities pursuant to 40 CFR
15.20,
2. 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,
3. That the firm shall promptly notify the SHA of the receipt of any
communication from the Director, Office of Federal Activities, EPA,
indicating that a facility that is or will be utilized
FR -I0
Q:1pw\PWENGW_CONTRS\2006Alameda Reconstruction\Contract. doe 87
7/312006
1
i
1
1
i
1
1
1
1
1
1
1
1
(for the contract is under consideration to be listed on the EPA List of
Violating Facilities.
r4. That the firm agrees to include or cause to be included the
equirements of paragraph 1 through 4 of this Section X in every
onexempt subcontract, and further agrees to take such action as the
government may direct as a means of enforcing such requirements.
(SXI. CERTIFICATION REGARDING DEBARMENT,
USPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
1 1. Instructions for Certification - Primary Covered
ransactions:
(Applicable to all Federal -aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
primary participant is providing the certification set out below.
b. The inability of a person to provide the certification setout
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.
c. 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 of default.
d. The prospective primary participant shall provide immediate
written notice to the department or agency to whom 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.
e. 'Hie 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.
f. 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.
FR -11
g. The prospective primary participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transaction," provided
by the department or agency entering into this covered transaction,
without modification, in all lower tier covered transactions and in
all solicitations for lower tier covered transactions.
h. 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
nonprocurement portion of the "Lists of Parties Excluded From
Federal Procurement or Nonprocurement Programs"
(Nonprocurement List) which is compiled by the General Services
Administration.
i. 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.
j. Except for transactions authorized under paragraph f of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
may terminate this transaction for cause or default.
*****
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion —Primary Covered Transactions
I. The prospective primary participant certifies to the best of its
knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
b. 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 a public (Federal,
State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or local)
with commission of any of the offenses enumerated in paragraph
I b of this certification; and
Form 1273 — Revised 3-95
08-07-95
\pw\PWENG\A CONTRS\20061Alameda Reconstruction\Contract.doc 88
7/31/2006
1
1
1
I
I
1
1
1
1
d. Have not within a 3 -year period preceding this ap-
plication/proposal had one or more public transactions (Federal,
State or local) terminated for cause or default.
2. 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.
2. Instructions for Certification - Lower Tier Covered
Transactions:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of $25,000 or more - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of
fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government,
the department or agency with which this transaction originated
may pursue available remedies, including suspension and/or debar-
ment.
c. The prospective lower tier participant shall provide immediate
written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its
certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "primary covered transaction," "participant," "person,"
"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 person to which this proposal is submitted for assis-
tance in obtaining a copy of those regulations.
e. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or
agency with which this transaction originated.
I The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant 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
Form 1273 — Revised 3-95
08-07-95
Nonprocurement List.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in orderto render in
good faith the certification required by this clause. The knowledge
and information of participant is not required to exceed that which
is normally possessed by a prudent person in the ordinary course of
business dealings.
i. Except for transactions authorized under paragraph e of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
with which this transaction originated maypursue available
remedies, including suspension and/or debarment.
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion -Lower Tier Covered Transactions
I. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in
this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
a***p
XII. CERTIFICATION REGARDING USE OF
CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all
related subcontracts which exceed $100,000 - 49 CFR 20)
I. The prospective participant certifies, by signing and submitting
this bid or proposal, to the best of his or her knowledge and belief,
that:
a. No Federal appropriated funds have beenpaid or will be paid;
by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any Federal agency,
a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement.
b. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract,
FR -12
1
Q:\pw\PWENG\A_CONTRS\20061Alameda Reconstruction\Contract.dnc 89
7/31/2006
1
ant, loan, or cooperative agreement, the undersigned shall complete
d submit Standard. Form-LLL, "Disclosure Form to Report
obbying," in accordance with its instructions.
•
iel2. This certification is a material representation of fact upon which
iance was placed when this transaction was made or entered into.
ubmission of this certification is a prerequisite for making or
entering into this transaction imposed by 31 U.S.C. 1352. Any
terson who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
3. The prospective participant also agrees by submitting his or her
bid or proposal that he or she shall require that the language of this
certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such recipients shall certify and disclose
accordingly.
1
FEDERAL -AID FEMALE AND MINORITY GOALS
1
In accordance with Section II, "Nondiscrimination," of
Required Contract Provisions Federal -aid Construction
ontracts" the following are the goals for female utilization:
Goal for Women
(applies nationwide) (percent) 6.9
The following are goals for minority utilization:
CALIFORNIA ECONOMIC AREA
174 Redding, CA:
1
175 Eureka, CA:
1
Non-SMSA Counties
CA Lassen; CA Modoc;
CA Plumas;.CA Shasta;
CA Siskiyou; CA Tehama.
Non-SMSA Counties
CA Del Norte; CA Humboldt;
CA Trinity.
'76 San Francisco -Oakland -San Jose, CA:
1
I
1
Goal
(Percent)
177 Sacramento, CA:
SMSA Counties:
6920 Sacramento, CA 16.1
CA Placer; CA Sacramento;
CA Yolo.
Non-SMSA Counties 14.3
CA Butte; CA Colusa;
CA El Dorado; CA Glenn;
CA Nevada; CA Sierra;
CA Sutter; CA Yuba.
178 Stockton -Modesto, CA:
SMSA Counties:
6.8 5170 Modesto, CA 12.3
CA Stanislaus.
8120 Stockton, CA 24.3
CA San Joaquin.
Non-SMSA Counties 19.8
CA Alpine; CA Amador;
6.6 CA Calaveras; CA Mariposa;
CA Merced; CA Tuolumne.
SMSA Counties:
7120 Salinas -Seaside -
Monterey, CA 28.9
CA Monterey.
7360 San Francisco -Oakland, CA 25.6
CA Alameda; CA Contra Costa;
CA Marin; CA San Francisco;
CA San Mateo.
7400 San Jose, CA 19.6
CA Santa Clara.
7485 Santa Cruz, CA. 14.9
CA Santa Cruz.
7500 Santa Rosa, CA 9.1
CA Sonoma,
8720 Vallejo -Fairfield- Napa, CA 17.1
CA Napa; CA Solano
Non-SMSA Counties
CA Lake; CA Mendocino;
CA San Benito.
179 Fresno -Bakersfield, CA:
SMSA Counties:
0680 Bakersfield, CA 19.1
CA Kern.
2840 Fresno, CA 26.1
CA Fresno.
Non-SMSA Counties 23.6
CA Kings; CA Madera;
CA Tulare.
180 Los Angeles, CA:
SMSA Counties:
0360 Anaheim -Santa Ana -Garden
Grove, CA 11.9
CA. Orange.
4480 Los Angeles -Long
Beach, CA 28.3
CA Los Angeles.
6000 Oxnard -Simi Valley -
23.2 Ventura, CA 21.5
CA Ventura.
FR -I3
Fonn 1273 — Revised 3-95
08-07-95
1pw\PWENG\A CONTRS\20061A lameda Reconstruction\Contract.doc 90
7/31/2006
1
1
r
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
6780 Riverside -San Bernardino -
Ontario, CA.
CA Riverside;
CA San Bernardino.
7480 Santa Barbara -Santa Maria -
Lompoc, CA
CA Santa Barbara,
Non-SMSA Counties
CA Inyo; CA Mono;
CA San Luis Obispo.
Form 1273 — Revised 3-95
08-07-95
181 San Diego, CA:
19.0 SMSA Counties
7320 San Diego, CA 16.9
CA San Diego.
Non-SMSA Counties 18.2
19.7 CA Imperial.
24.6 In addition to the reporting requirements set forth elsewhere in this
contract the Contractor and subcontractors holding subcontracts, not
including material suppliers, of $10,000 or more, shall submit for
every month of July during which work is performed, employment
data as contained under Form FHWA PR -1391 (Appendix C to 23
CFR, Part 230), and in accordance with the instructions included
thereon.
FR -14
Q:\pw\PWENG\A_CONTRS\2006\Alameda Reconstruction\Contracl.doc 91
7/31/2006
M
1
FEDERAL REQUIREMENT TRAINING SPECIAL PROVISIONS
IFEDERAL REQUIREMENT TRAINING
SPECIAL PROVISION. -- As part of the Contractor's
'qual employment opportunity affirmative action program,
raining shall be provided as follows:
1
1
1
1
1
1
1
1
1
M
1
1
1
1
The Contractor shall provide on-the-job training to
develop - full journeymen in the types of trades or job
classification involved.
The goal for the number of trainees or apprentices to be
trained under the requirements of this special provision will
be
In the event the Contractor subcontracts a portion of the
contract work, he shall determine how many, if any, of the
trainees or apprentices are to be trained by the subcontractor,
provided however, that the Contractor shall retain the primary
responsibility for meeting the training requirements imposed
by this special provision.. The Contractor shall also insure
that this Training Special Provision is made applicable to
such subcontract. Where feasible, 25 percent of trainees or
apprentices in each occupation shall be in their first year of
apprenticeship or training.
The number of trainees or apprentices shall be
distributed among the work classifications on the basis of the
Contractor's needs and the availability of journeymen in the
various classifications within a reasonable area of
recruitment. Prior to commencing work, the Contractor shall
submit to the Department for approval the number of trainees
or apprentices to be trained in each selected classification and
training program to be used. Furthermore, the Contractor
shall specify the starting time for training in each of the
classifications. The Contractor will be credited for each
trainee or apprentice employed by him on the contract work
who is currently enrolled or becomes enrolled in an approved
program and will be reimbursed for such trainees or
apprentices as provided hereinafter.
Training and upgrading of minorities and women toward
journeymen status is a primary objective of this Training
Special Provision. Accordingly, the Contractor shall make
every effort to enroll minority and women trainees or
apprentices (e.g., by conducting systematic and direct
recruitment through public and private sources likely to yield
minority and women trainees or apprentices) to the extent
such persons are available within a reasonable area of
recruitment. The Contractor will be responsible for
demonstrating the steps that he has taken in pursuance
thereof, prior to a determination as to whether the Contractor
is in compliance with this Training Special Provision. This
training commitment is not intended, and shall not be used, to
discriminate against any applicant for training, whether a
member of a minority group or not.
F-15
Q:\pw\PWENGW_CONIRS\20061Alameda Reconstruction\Contract.doc 92
No employee shall be employed as a trainee or
apprentice in any classification in which he has successfully
completed a training course leading to journeyman status or
in which he has been employed as a journeyman. The
Contractor should satisfy this requirement by including,
appropriate questions in the employee application or by other
suitable means. Regardless of the method used the
Contractor's records should document the findings in each
case.
The minimum length and type of training for each
classification will be as established in the training program
selected by the Contractor and approved by both the
Department and the Federal Highway Administration. The
Department and the Federal Highway Administration will
approve a program if it is reasonably calculated to meet the
equal employment opportunity obligations of the Contractor
and to qualify the average trainee or apprentice for
journeyman status in the classification concerned by the end
of the training period. Furthermore, apprenticeship programs
registered with the U.S. Department of Labor, Bureau of
Apprenticeship and Training, or with the State of California,
Department of Industrial Relations, Division of
Apprenticeship Standards recognized by the Bureau and
training programs approved but not necessarily sponsored by
the U.S. Department of Labor, Manpower Administration,
Bureau of Apprenticeship and Training shall also be
considered acceptable provided it is being administered in a
manner consistent with the equal employment obligations of
Federal -aid highway construction contracts. Approval or
acceptance of a training program shall be obtained from the
State prior to commencing work on the classification covered
by the program. It is the intention of these provisions that
training is to be provided in the construction crafts rather than
clerk -typists or secretarial -type positions. Training is
permissible in lower level management positions such as
office engineers, estimators, timekeepers, etc., where the
training is oriented toward construction applications.
Training in the laborer. classification may be permitted
provided that significant and meaningful training is provided
and approved by the division office. Some
offsite training is permissible as long as the training is
an integral part of an approved training program and does
not comprise a significant part of the overall training.
Except as otherwise noted below, the Contractor will be
reimbursed 80 cents per hour of training given an employee
on this contract in accordance with an approved training
program. As approved by the Engineer, reimbursement
will be made for training of persons in excess of the
number specified herein.
7/31/2006
The Contractor will provide for the maintenance of
This reimbursement will be made even though the records and furnish periodic reports documenting his
Contractor receives additionaltraining program funds from performance under this Training Special Provision.
other sources, provided such other source does not
specifically prohibit the Contractor from receiving other
reimbursement. Reimbursement for offsite training indicated
above may only be made to the Contractor where he does one FR -166
or more of the following and the trainees or apprentices are
concurrently employed on a Federal -aid project; contributes
to the cost of the training, provides the instruction to the
trainee or apprentice or pays the trainees or apprentice's
wages during the offsite training period.
No payment shall be made to the Contractor if either the
failure to provide the required training, or the failure to hire
the trainee or apprentice as a journeyman, is caused by the
Contractor and evidences a lack of good faith on the part of
the Contractor in meeting the requirements of this Training
Special Provision, It is normally expectedthat a trainee or
apprentice will begin his training on the project as soon as
feasible after start of work utilizing the skill involved and
remain on the project as long as training opportunities exist in
his work classification or until he has completed his training
program. It is not required that all trainees or apprentices be on
board for the entire length of the contract. A Contractor will
have fulfilled his responsibilities under this Training Special
Provision if he has provided acceptable training to the number
of trainees or apprentices specified. The number trained shall be
determined on the basis of the total number enrolled on the
contract for a significant period.
Only trainees or apprentices registered in a program
approved by the State of California's State Administrator of
Apprenticeship may be employed on the project and said
trainees or apprentices shall be paid the standard wage specified
under the regulations of the craft or trade at which they are
. employed.
The Contractor shall furnish the trainee or apprentice a
copy of the program he will follow in providing the training.
The Contractor shall provide each trainee or apprentice with a
certification showing the type and length of training
satisfactorily completed.The Contractor will provide for the
Q:\pw\PWENG A_CONTRS\2006\Alameda Reconstruction \Contractdoc 93 7/31/2006
0
APPENDIX I
' ALAMEDA DE LAS PULGAS REHABILITATION
FEDERAL AID PROJECT NO. STPL-5102 (029)
CITY PROJECT NO. 462201
AGREEMENT FOR PUBLIC IMPROVEMENT
CITY OF SAN MATEO
CITY COUNCIL AWARD
1
THIS AGREEMENT, made and entered into in the City of San Mateo, County of San Mateo, State of California, by
land between the CITY OF SAN MATEO, a municipal corporation, hereinafter called "City", and
hereinafter called "Contractor," as of the day of , 2006.
1 RECITALS:
(a) City has taken appropriate proceedings to authorize construction of the public work and improvements or other
'natters herein provided, and execution of this contract.
1
(b) A notice was duly published for bids for the contract for the improvement hereinafter described.
(c) After notice duly given, on the date hereof, the City awarded the contract for the construction of the
improvements hereinafter described to Contractor.
1
1
IT IS AGREED, as follows:
I. Scope of Work. Contractor shall perform the work according to the Contract Book therefore entitled:
ALAMEDA DE LAS PULGAS REHABILITATION
2. Contract Price. City shall pay, the Contractor shall accept, in full payment for the work above agreed to be
done the sum of
It Said price is determined by the prices contained in Contractor's bid, and shall be paid as described in the Contract Book.
n the event work is performed or materials furnished in addition to or a reduction of those set forth in Contractor's bid and the
_,specifications herein, such work and materials will be paid for as described in the Contract Book.
3. The Contract Documents. The complete contract consists of the following documents: This Agreement; the
Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Special Provisions and Contract
Lawings, Addendums Number issued to the Contract Book; the State of California, Department of Transportation,
ndard Specifications, July, 2002; the Faithful Performance Bond; and the Labor and Material Bond; and the labor Surcharge
and equipment Rental Rates in effect on the date the work is accomplished, which said special provisions, project plans,
Itandard Plans, Standard Specifications, and Labor Surcharge and Equipment Rental Rates arc hereby specifically referred to
nd by such reference made a part hereof
1
All rights and obligations of City and Contractor are fully set forth and described in the contract documents.
V' W W W ENG\A_CONTRS\20061ALAMEDA RECONSTRUCTION\CO NTRACr. DOC
A - 1 07/31/06
I All of the above -named documents are intended to cooperate, so that any work called for in one, and not mentioned in
the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the
Iomplete contract will hereinafter be referred to as "the contract documents". In the event of any variation or discrepancy
etween any portion of this agreement and any portion of the other contract documents, this agreement shall prevail. The
precedence of the remaining contract documents will be as specified in the Contract Book.
I
Book.
I 5. Performance by Sureties.. In the event of any termination as hereinbefore provided, City shall immediately give
written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the
wgreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give City
ritten notice of their intention to take over the performance thereof within 5 days after notice to City of such election, City may
take over the work and prosecute the same to completion, by contract orby any other method it may deem advisable, for the
ccount, and at the expense of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City
!hereby; and, in such event, City may, without liability for so doing, take possession of, and utilize in completing the work, such
materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary therefor.
6. Legal Work Day - Penalties for Violation. Eight hours of labor shall constitute a legal day's work. Contractor
hail not require more than 8 hours' labor in a day and 40 hours in a calendar week from any person employed by Contractor in
the performance of such work unless such excess work is compensated for at not less than 1-1/2 times the basic rate of pay.
Contractor shall forfeit as a penalty to City the sum of $25.00 for each laborer, workman or mechanic employed in the execution
f this contract by Contractor, or by any subcontractor for each calendar day during which such laborer, workman or mechanic
is required or permitted to labor more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the
1rovisions of Sections 1810 and 1816, inclusive, of the Labor Code of the State of California.
7. Prevailing Wage Scale. In general, the prevailing wage scale, as determined by the Director of Industrial
irelations of the State of California, in force on the day this bid was announced or determined by the administrator of the Wage
nd Hour Division, U.S. Department of Labor, in force on the day bids are opened, which ever is higher, will be the minimum
paid to all craftsmen and laborers working on this project. In some cases, prevailing wage determinations have either a single
sterisk (*) or double asterisks (**) after the expiration date in effect on the date of advertisement for bids.
4. Schedule. All work shall be performed in accordance with the schedule provided pursuant to the Contract
1n cases where the prevailing wage determinations have a single asterisk (*) after the expiration date which are in effect on the
Ia ate of advertisement for bids, such determinations remain in effect for the life of the project. Prevailing wage determinations
hich have double asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay
tes, and employer payments to be paid for work performed after this date have been predetermined. If work is extended past
his date, the new rate must be paid and should be incorporated in contracts the Contractor enters into.
copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of the bidder to
determine the correct scale. The City will keep a copy of the wage scale in the City Clerk's office for the convenience of
ldders. Any errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the
ctual scale then in force.
8. Insurance. The Contractor shall provide and maintain:
A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each 1currence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than
o (2) times the occurrence limit.
l B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each
ccurrence. Such insurance shall include coverage for owned, hired, and non -owned automobiles.
W WIPWENG1A_CONTRS120061ALAMEDA RECONSTRUCTION \ CONTRACT .DOC
A-2 07/31/06
C. Workers Compensation in at least the minimum statutory limits.
D. General Provisions for all insurance. All insurance shall:
1. Include the City of San Mateo, its elected and appointed officers, employees, and volunteers as
Idditional insureds with respect to this Agreement and the performance of services in this Agreement. The coverage shall
ontain no special limitations on the scope of its protection to the above -designated insureds.
2. Be primary with respect to any insurance or self-insurance programs of City, its officers,
Imployees, and volunteers.
3. Be evidenced, prior to commencement of services, by properly executed policy endorsements
1n addition to a certificate of insurance.
Iffice.
4. No changes in insurance may be made without the written approval of the City Attorney's
5. NOTICE OF CANCELLATION: The city requires 30 days written notice of cancellation.
Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "But failure to mail such
Jotice shall impose no obligation of liability of any kind upon the company, its agents for representatives
9. Hold Harmless and Indemnity Provision. Contractor agrees (1) to hold harmless and indemnify City of San
peateo and its officers and employees from and against any and all claims, loss, liability, damage, and expense arising from
rformance of this contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive
negligence of City of San Mateo, its officers or employees, and (2) to defend City of San Mateo, its officers or employees
lh
hereagainst; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from (a)
e sole negligence or willful misconduct of City of San Mateo or (b) the active negligence of City of San Mateo; further
provided, that this provision shall not affect the validity of any insurance contract, workers compensation or agreement issued by
In admitted insurer as defined by the Insurance Code.
10. Attorney Fees. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not
Ixceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by prevailing party in any action or actions to
nforce the provisions of this contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court,
appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither
arty to this contract shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce
e provisions of this contract. The parties expect and hope there will be no litigation and that any differences will be resolved
micably.
lit 11. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to
ediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating
parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American
rbitration Association, the California State Board of Mediation and Conciliation, or other agreed -upon service. The mediator
hall be selected by a "blindfolded" process.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No
arty shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a
mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is
leached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
12. Arbitration. After mediation above, and upon agreement of the parties, any dispute arising out of or relating to
is agreement may be settled by arbitration in accordance with the Construction Industry Rules of the American Arbitration
I(
ssociation, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof
he costs of arbitration shall be borne equally by the parties.
1PWWWENGIA_CONTRS12006\ALAMEDA RECONSTRUCTIONICONTRACT.DOC A-3 07/31/06
1
1
13. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in
'limitation of, any other rights or remedies available to City.
14. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage
repaid.
Notices required to be given to City shall be addressed as follows:
I
1
'versa.
Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to Contractor shall be addressed as appears in the signature block below.
15. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice
TN WITNESS WHEREOF, this agreement has been duly executed by the parties hereinabove named, as of the day and
tear first above written.
CONTRACTOR CITY OF SAN MATEO, a
I
I3y:
I
municipal corporation
MAYOR
ATTEST:
,"Typed Name of Person Signing) CITY CLERK
I
I
I
1
'QAPW\PWENG1A_CONTRS\20061ALAME,DA RECONSTRUCnON CONTRACT.DOC
A-4 07/31/06
APPENDIX II
LENERAL DECISION: CA20030019 06/09/2006 CA19
Iate: June 9, 2006
eneral Decision Number: CA20030019 06/09/2006
uperseded General Decision Number: CA020019
Itate: California
onstruction Types: Building, Heavy (Heavy, and
Dredging) and
Highway
Iounty: San Luis Obispo County in California.
BUILDING, DREDGING (does not include hopperdredge
work), HEAVY
Idoes not include water well drilling, AND HIGHWAY 00IL0519-007 01/01/2006
ONSTRUCTION PROJECTS
Modification Number Publication Date
0 06/13/2003
II 1 01/30/2004
2 03/05/2004
3 04/02/2004
4 05/21/2004
' S 07/16/2004
6 08/27/2004
7 10/08/2004
8 01/14/2005
9 01/28/2005
' 10 02/11/2005
11 04/08/2005
12 06/17/2005
13 07/22/2005
14 06/05/2005
' 15 06/19/2005
16 09/09/2005
17 11/18/2005
18 12/02/2005
19 12/23/2005
II 20 02/03/2006
21 03/17/2006
22 04/14/2006
23 06/09/2006
insulation materials from
mechanical systems, whether
they contain asbestos or. not)..$ 19.20
6.38
BOIL0092-004 01/01/2006
Area within a 25 mile radius of City of Santa Maria
Rates
Fringes
Boilermaker $ 33.18
18.11
SBE0005-002 08/01/2005
I
Fringes
1 Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
IIcoatings, and finishes to all
types of mechanical systems)...$
0.24
Rates
Remainder of County outside a 25 mile radius of City
of Santa
Maria
Rates
Fringes
Boilermaker $ 33.34
18.46
* BRCA0004-006 05/01/2006
Rates
Fringes
Bricklayer; Marble Setter $ 32.25
8.00
BRCA0018-008 09/01/2005
Rates
Fringes
Marble Finisher $ 21.52
6.65
Tile Finisher $ 17.82
6.00
BRCA0018-011 08/01/2005
Fringes
Rates
Tile Layer $ 26.93
34.91 7.50
ISBE0005-004 08/01/2005
Fringes
II Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
IIstripping, removal,
scrapping, vacuuming, bagging 8.47
and disposing of all
(2) Millwright $ 32.21
CARP0409-001 07/01/2005
Rates
Rates Fringes
Carpenters:
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer $ 31.71
8.47
I
8.47
18.47
18.47
(3) Piledriver/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial) $ 31.84
8.47
(4) Pneumatic Nailer,
Power Stapler $ 31.96
(5) Sawfiler $ 31.79
(6) Scaffold Builder $ 25.01
8.47
(7) Table Power Saw
Operator $ 31.81
FOOTNOTE: Work of forming in the construction of
Ipen cut
sewers or storm drains, on operations in which
orizontal
lagging is used in 'conjunction with steel H -Beams
driven or
1 placed in pre- drilled holes, for that portion of
lagged
trench against which concrete is poured, namely,
as a
substitute for back forms (which work is performed
y
piledrivers): $0.13 per hour additional.
ertified Welder
- $1.00 per hour premium.
1ARP0409-005 07/01/2005
Rates
[tinges
Drywall
INSTALLERS $ 31.71
8.47
STOCKER/SCRAPPER $ 10.00
5.96
jARPO4O9-OOB 07/01/2003
ringes
Rates
Modular Furniture Installer
II (1) Mobile Filing System
Installer $ 13.76
5.80
(2) Modular Furniture
Installer $ 14.36
115.80
(3) Full Wall Technician....$ 20.47
5.80
I
ELEC0011-002 12/05/2005
COMMUNICATIONS AND SYSTEMS WORK
'tinges
Rates
Communications System
Installer $ 24.03
$+7.T0
Technician $ 26.23
%+7.40
ICOPE OF WORK:
Installation, testing, service and maintenance of
ystems
utilizing the transmission and/or transference of
voice,
sound, vision and digital for commercial,
educational,
security and entertainment purposes for the
following: TV
monitoring and surveillance, background -foreground
music,
intercom and telephone interconnect, inventory
control
systems, microwave transmission, multi -media,
multiplex,
nurse call systems, radio page, school intercom
and sound,
burglar alarms, fire alarm (see last paragraph
below) and
low voltage master clock systems in commercial
buildings.
Communication Systems that transmit or receive
information
and/or control systems that are intrinsic to the
above
listed systems; inclusion or exclusion of
terminations and
testings of conductors determined by their
function;
excluding all other data systems or multiple
systems which
include control function or powersupply;
excluding
installation of raceway systems, conduit systems,
line
voltage work, and energy management systems. Does
not
cover work performed at China Lake Naval Ordnance
Test
Station. Fire alarm work shall be performed at
the current - -
inside wireman total cost package.
ELEC0639-001 06/01/2005
Rates
Fringes
Electricians -
Cable Splicer $ 31.35
3%+12.70
Wireman/Technician $ 28.50
3&+12.70
FOOTNOTES: 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
2 of
1
1
II straight time pay. This shall be at a minimum of GROUP 11 $ 35.45
one hour, 14.95
and thereafter, each succeeding hour or fraction GROUP 12 $ 36.45 thereof 14.95
II shall constitute an hour at -the bonus rate. GROUP 13 $ 37.45
' Tunnel work: to be paid at the time and one- 14.95
quarter hourly Power Equipment Operators
rate. (Tunnel Work)
GROUP 1 $ 32.73
' 14.95
ELEC1245-001 06/01/2005 GROUP 2 $ 33.02
14.95
Rates GROUP 3 $ 33.16
Fringes - 14.95
i GROUP 4 $ 33.38
Line Construction 14.95
(1) Lineman; Cable splicer..$ 36.51 GROUP 5 $ 33.49
3.75%+10=03 14.95
(2) Equipment specialist GROUP 6II $ 33.61
(operates crawler 14.95
tractors, commercial motor GROUP 7 $ 33.91
vehicles, backhoes, 14.95
trenchers, cranes (50 tons Power Equipment Operators
' and below), and overhead GROUP 1 $'30.10
and underground 14.95
distribution line GROUP 2 $ 30.88
equipment) $ 31.03 14.95
3.75%+9.25 - GROUP 3 $ 31.17
(3) Groundman $ 23.73 14.95
'3.75%+9,25 GROUP 4 $ 32.66
(4) Powderman .$ 34.69 14.95
3.75%+9.29 GROUP 5 $ 33.76
14.95
GROUP 6 $ 32.88
LEV0008-003 01/01/2005 14.95
GROUP 7 $ 33.98
Rates 14,95
Fringes GROUP 8 $ 32.99
14.95
li Elevator Mechanic $ 47.255 GROUP 9 $ 34.09
2.015 14.95
GROUP 10 $ 33.11
FOOTNOTE: Vacation Pay: 8% with 5 or more years of 14.95
Ilhervice, GROUP 11 $ 34.21
6% for 6 months to 5 years service. Paid Holidays: 14.95
New GROUP 12 $ 33.28
Years Day, Memorial Day, Independence Day, Labor 14.95'
iiay,
Thanksgiving Day and Friday after, and Christmas 14.95GROUP 13 $ 33.38
ay. GROUP 14 $ 33.41
14.95
GROUP 15 $ 33.49
tNG10012-003 07/01/2005 14.95
GROUP 16 $ 33.61
Rates 14.95
Fringes GROUP 17 $ 33.78
II Power Equipment O Operators
14.95
GROUP 18 $ 33.88
(Cranes, Piledriving & 14.95
Hoisting) GROUP 19 $ 33.99
GROUP 1 $ 31.45 14.95
4.95 GROUP 20 $ 34.11
GROUP 2 $ 32.23 14.95
4.95 GROUP 21 $ 34.28
GROUP 3 $ 32.52 14.95
14.95 GROUP 22 $ 34.38
GROUP 4 $ 32.66 14.95
114.95 GROUP 23 $ 34.49
GROUP 5 $. 32.88 14.95
14.95 GROUP 24 $ 34.61
GROUP 6 $ 32.99 14.95 -'
4.95 GROUP 25 $ 34.78
GROUP 7 $ 33.11 14.95
IlL4.95
GROUP 8 $ 33.28 FOOTNOTES:
14.95 PREMIUM PAY of $3.75
GROUP 9 $ 33.45 per hour shall be paid on all
power
11[4.95 equipment operator work at Camp Pendleton, Point
GROUP 10 $ 34.45 Arguello, -
14.95 and Vandenburg AFB.
3
I
1
II 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.
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
II GROUP 1: Bargeman; Brakeman; Compressor operator;
Ditch
Witch, with seat or similar type equipment;
Elevator
It operator -inside; Engineer Oiler; Forklift operator
(includes Toed, lull or similar types under 5
ons;
Generator operator; Generator, pump or compressor
slant
operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt -rubber plant operator (nurse tank
operator);
Concrete mixer -operator -skip type; Conveyor
1113 Aerator;
Fireman; Forklift operator (includes Toed, lull or
similar
types over 5 tons; Hydrostatic pump operator;
filer crusher
(asphalt or concrete plant); Petromat laydown
achine; PJO
side dum jack; Screening and conveyor machine
oeprator (or
Ilrsimilar types); Skiploader (wheel type up to 3/4
d.
without attachment); Tar pot fireman; Temporary
heating
plant operator; Trenching machine oiler
IGROUP 3: Asphalt -rubber blend operator; Bobcat or
imilar
type (side steer); Equipment greaser (rack); Ford
erguson
(with dragtype attachments); Helicopter radioman
(ground);
Stationary pipe wrapping and cleaning machine
operator
IGROUP 4: Asphalt plant fireman; Backhoe operator
mini -max or
similar type); Boring machine operator; Boxman or
mixerman
I(asphalt or concrete); Chip spreading machine
perator;
Concrete cleaning decontamination machine
operator;
Concrete Pump Operator. (small portable); Drilling
"Lachine
operator, small auger types (Texoma super
conomatic or
similar types - Hughes 100 or 200 or similar types
IIdrilling depth of 30'. maximum); Equipment greaser
grease
truck); Guard rail post driver operator; Highline
cableway
Isignalman; Horizontal Directional Drilling
achine;
Hydra-hammer-aero stomper; Micro Tunneling (above
ground
tunnel); Power concrete curing machine operator;
plower
concrete saw operator; Power -driven jumbo form
etter
operator; Power sweeper operator; Rock Wheel
Saw/Trencher;
IIRoller operator (compacting); Screed operator
asphalt or
concrete); Trenching machine operator (up to 6
ft.); Vacuum
or much truck
1
GROUP 5: Equipment Greaser (Grease Truck/Multi
Shift).
GROUP 6: Articulating material hauler; Asphalt
plant
engineer; Batch plant operator; Bit sharpener;
Concrete
joint machine operator (canal and similar type);
Concrete
planer operator; Dandy digger; Deck engine -
operator;
Derrickman (oilfield type); Drilling machine
operator,
bucket or auger types (Calweld 100 bucket or
similar types
- Watson 1000 auger or similar -types - Texoma 330,
500 or
600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic
seeder
machine operator (straw, pulp or seed), Jackson
track
maintainer, or similar type; Kalamazoo Switch
tamper, or
similar type; Machine tool operator; Maginnis
internal full
slab vibrator, Mechanical berm, curb or
gutter(concrete or '
asphalt); Mechanical finisher operator (concrete,
Clary -Johnson -Bidwell or similar); Micro tunnel
system
(below ground); Pavement breaker operator. (truck
mounted);
Road oil mixing machine operator; Roller operator
(asphalt
or finish), rubber -tired earth moving equipment
(single
engine, up to and including 25 yds. struck); Self-
propelled •
tar pipelining machine operator; Skiploader
operator
(crawler and wheel type, over 3/4 yd. and up to
and
including 1-1/2 yds.); Slip form pump operator
(power
driven hydraulic lifting device for concrete
forms);
Tractor operator -bulldozer, tamper -scraper (single
engine,
up to 100 h.p. flywheel and similar types, up to
and
including D-5 and similar types); Tugger hoist
operator (1
drum); Ultra high pressure waterjet cutting tool
system
operator; Vacuum blasting machine operator
GROUP. 7: Welder - General
GROUP B: 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);
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 -
Crushing plant operator; Drill
II drilling depth of 60' maximum); Elevating grader
operator;
Grade checker; Gradall operator; Grouting machine
operator; .
Heavy-duty repairman; Heavy equipment robotics
litperator;
Kalamazoo balliste regulator or similar type;
olman belt
loader and similar type; Le Tourneau blob
ompactor or
similar type; Loader operator (Athey, Euclid,
ierra and
similar types); Mobark Chipper or similar; Ozzie
padder or
Isimilar types; P.C. slot saw; Pneumatic concrete
lacing
machine operator (Hackley-Presswell or similar
type);
Pumperete gun operator; Rock Drill or similar
ypes; Rotary
drill operator (excluding caisson type); Rubber-
ired
earth -moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types
ith any
and all attachments over 25 yds. up to and
including 50 cu.
yds. struck); Rubber -tired earth -moving equipment
perator
(multiple engine,up to and including 25 yds.
truck);
Rubber -tired scraper operator (self -loading paddle
wheel
Itype -John Deere, 1040 and similar single unit);
elf -
propelled curb and gutter machine operator;
Shuttle buggy;
Skiploader operator (crawler and wheel type over
/2 yds.
up to and including 6-1/2 yds.); Soil remediation
lant
operator; Surface heaters and planer operator;
tractor
compressor drill combination operator; Tractor
perator
(any type larger than D -S - 100 flywheel h.p. and
over, or
similar -bulldozer, tamper, scraper and push
Irector single
engine); Tractor operator (boom attachments),
raveling
pipe wrapping, cleaning and bendng machine
perator;
Trenching machine operator (over 6 ft. depth
apacity,
manufacturer's rating); trenching Machine with
Road Miner
Iattachment (over 6 ft depth capacity): Ultra high
ressure
waterjet cutting tool system mechanic; Water pull
(compaction) operator
IHOOP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or
auger types
(Calweld 200 B bucket or similar types -Watson 3000
Il[r 5000
auger or similar types-Texoma 900 auger or similar
types -drilling, depth of 105' maximum); Dual drum
mixer,
Idynamic compactor LDC350 (or similar types);
onorail
locomotive operator (diesel, gas or electric);
Motor
patrol -blade operator (single engine); Multiple
"Engine
tractor operator (Euclid and similar type -except
uad 9
cat.); Rubber -tired earth -moving equipment
operator (single
II
engine, over 50 yds. struck); Pneumatic pipe
ramming tool
and similar types; Prestressed wrapping machine
operator;
Rubber -tired earth -moving equipment operator
(single
engine, over 50 yds. struck); Rubber tired earth
moving
equipment operator (multiple engine, Euclid,
caterpillar
and similar over 25 yds. and up to 50 yds.
struck), Tower
crane repairman; Tractor. loader operator: (crawler
and wheel
type over 6-1/2 yds.); Woods mixer operator (and
similar
Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder
Combination, Welder -
Certified.
GROUP 12: Auto grader operator; Automatic slip
form operator;
Drilling machine operator, bucket or auger types
(Calweld,
auger 200 CA or similar types - Watson, auger 6000
or
similar types - Hughes Super Duty, auger 200 or
similar
types - drilling depth of 175' maximum); Hoe ram
or similar
with compressor; Mass excavator operator less tha
750 cu.
yards; Mechanical finishing machine operator;
Mobile form
traveler operator; Motor patrol operator (multi -
engine);
Pipe mobile machine operator; Rubber -tired earth -
moving
equipment operator (multiple engine, Euclid,
Caterpillar
and similar type, over 50 cu. yds. struck);
Rubber -tired self- loading scraper operator (paddle -wheel -auger
type
self -Loading - two (2) or more units)
GROUP 13: Rubber -tired earth -moving equipment
operator
operating equipment with push-pull system (single
engine,
up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer
operator;
Remote- control earth -moving equipment operator
(operating
a second piece of equipment: $1.00 per hour
additional);
Wheel excavator operator (over 750 cu. yds.)
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,
I
II over 50 yds. struck); Rubber -tired earth -moving
equipment
operator, operating equipment with push-pull
system
13 (multiple engine, Euclid, Caterpillar and similar,
ver 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber -tired earth -moving equipment
Iperator,
operating equipment with push-pull system
(multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds.
struck);
ITandem tractor operator (operating crawler type
ractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber -tired earth -moving equipment
Iltperator,
operating in tandem (scrapers, belly dumps and
imilar •
types in any combination, excluding compaction
nits -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar
types);
IRubber-tired earth -moving equipment operator,
perating in
tandem (scrapers, belly dumps and similar types in
any
combination, excluding compaction units - single
rngine,
Caterpillar, Euclid, Athey Wagon and similar types
ith any
and all attachments over 25 yds.and up to and
including 50
Icu. yds. struck); Rubber -tired earth -moving
quipment
operator, operating in tandem (scrapers, belly
dumps and
similar types in any combination, excluding
Iompaction
units - multiple engine, up to and including 25
ds. struck)
IGROUP 21: Rubber -tired earth -moving equipment
perator,
operating in tandem (scrapers, belly dumps and
limner
types in any combination, excluding compaction
nits -
multiple engine, Euclid, Caterpillar and similar
type, over
50 cu. yds. struck)
II
GROUP 20: Rubber -tired earth -moving equipment
perator,
operating in tandem (scrapers, belly dumps and
similar
types in any combination, excluding compaction
nits -
single engine, over 50 yds. struck); Rubber -tired
earth -moving equipment operator, operating in
tandem
(scrapers, belly dumps, and similar types in any
Icombination, excluding compaction units - multiple
ngine,
Euclid, Caterpillar and similar, over 25 yds. and
up to 50
yds. struck)
GROUP 22: Rubber -tired earth -moving equipment
operator,
operating equipment with the tandem push-pull
ystem
(single engine, up to and including 25 yds.
truck)
GROUP 23: Rubber -tired earth -moving equipment
operator,
operating equipment with the tandem push-pull
system
(single engine, Caterpillar, Euclid, Athey Wagon
and
similar types with any and all attachments over 25
yds. and
up to and including 50 yds. struck); Rubber -tired
earth -moving equipment operator, operating with
the tandem
push-pull system (multiple engine, up to and
including 25
yds. struck)
GROUP 24: Rubber -tired earth -moving equipment
operator,
operating equipment with the tandem push-pull
system
(single engine, over 50 yds. struck); Rubber -tired
earth -moving equipment operator, operating
equipment with
the tandem push-pull system (multiple engine,
Euclid,
Caterpillar and similar, over 25 yds. and up to 50
yds.
struck)
GROUP 25: Concrete pump operator -truck mounted;
Rubber -tired
earth -moving equipment operator, operating
equipment with
the tandem push-pull system (multiple engine,
Euclid,
Caterpillar and similar type, over 50 cu. yds.
struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT
CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator
(includes Toed,
lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A -frame or winch truck operator; Ross
carrier
operator (jobsite)
GROUP 4: Bridge -type unloader and turntable
operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane
(Austin -Western
or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane
operator; Hoist
operator (Chicago boom and similar type); Lift
mobile
operator; Lift slab machine operator (Vagtborg and
similar
types); Material hoist and/or manlift operator;
Polar
gantry crane operator; Self Climbing scaffold (or
similar
type); Shovel, backhoe, dragline, clamshell
operator (over
3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist
operator
GROUP 7: Pedestal crane operator; Shovel, backhoe,
dragline,
clamshell operator (over 5 cu. yds. mrc); Tower
crane
repair; Tugger hoist operator (3 . drum)
GROUP 8: Crane operator (up to and including 25
6 ton
1
capac
arge
operator (up to and including 25 ton capacity);
Hoist
operator, stiff legs, Guy derrick or similar type
I to
and including 25 ton capacity); Shovel, backhoe,
dragline,
clamshell operator (over 7 cu. yds., M.R.C.)
ty); Crawler transporter operator; Derrick
GROUP 9: Crane operator (over 25 tons and up to
nd including.
50 tons mrc); Derrick barge operator (over 25 tons
up to
Iand including 50 tons mrc); Highline cableway
perator;
Hoist operator, stiff legs, Guy derrick or similar
type
(over 25 tons up to and including 50 tons mrc); K -
rope
operator; Polar crane operator; Selferecting
ower crane
operator maximum lifting capacity ten tons
IGROUP 10: Craneoperator (over 50 tons and up to
nd
including 100 tons mrc); Derrick barge operator
(over 50
Itons up to and including 100 tons mrc); Hoist
perator,
stiff legs, Guy derrick or similar type (over 50
tons up to
and including 100 tons mrc), Mobile tower crane
perator
(over 50 tons, up to and including 100 tons
.R.C.); Tower
crane operator and tower gantry
IGROUP 11: Crane operator (over 100 tons and up to
nd
including 200 tons mrc); Derrick barge operator
(over 100
Itons up to and including 200 tons mrc); Hoist
perator,
stiff legs, Guy derrick or similar type (over 100
tons up
to and including 200 tons mrc); Mobile tower crane
Iperator
(over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and
including
I300 tons mrc); Derrick barge operator (over 200
ons up to
and including 300 tons mrc); Hoist operator, stiff
legs,
Guy derrick or similar type (over 200 tons, up to
"Ind
including 300 tons mrc); Mobile tower crane
perator (over
200 tons, up to and including 300 tons mrc)
IGROUP 13: Craneoperator (over 300 tons); Derrick
arge
operator
operator,
stiff legs, Guy derrick or similar type (over 300
IoMo);
Mobile tower crane operator (over 300 tons)
(over 300 tons); Helicopter pilot; Hoist
TUNNEL CLASSIFICATIONS
IGROUP 1: Skiploader (wheel type up to 3/4 yd.
ithout
attachment)
IROUE, 2: Power -driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to
and
including 10 tons)
7
GROUP 4: Bit sharpener; Equipment greaser (grease
truck);
Slip form pump operator (power -driven hydraulic
lifting
device for concrete forms); Tugger hoist operator
(1 drum);
Tunnel locomotive operator (over 10 and up to and
including
30 tons)
•
GROUP 5: Backhoe operator (up to -and including 3/4
yd.);
Small Ford, Case or similar; Drill doctor;
Grouting machine
operator; Heading shield operator; Heavy-duty
repairperson;
Loader operator (Athey, Euclid, Sierra and similar
types);
Mucking machine operator (1/4 yd., rubber -tired,
rail or
track type); Pneumatic concrete placing machine
operator
(Hackley-Presswell or similar type); Pneumatic
heading
shield (tunnel); 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
ENGI0012-004 08/01/2005
Fringes
19
14.95
14.95
(4) Winch operator (stern
winch on dredge) $ 32.97
14.95
(5) Fireman -Oiler,
Deckhand, Bargeman,
Leveehand $ 32.43
14.95
(6) Barge Mate $ 33.04
14.95
Rates
Power equipment operators:
(DREDGING)
(1) Leverman $ 38.10
(2) Dredge dozer $ 33.63
.95
(3) Deckmate $ 33.52
IRON0002-004 07/01/2005
Rates
Fringes
Ironworkers:
Fence Erector $ 31.16
15.285
Ornamental, Reinforcing
and Structural $ 32.06
15.285
PREMIUM PAY:
$3.00 additional per hour at the following
locations:
China Lake Naval Test Station, Chocolate Mountains
Naval
Reserve-Niland,
I
Itdwards AFB, Fort Irwin Military Station, Fort Irwin LABO0300-003 07/01/2005
raining
enter -Goldstone, San Clemente Island, San Nicholas Rates
Island, Fringes
IIusanville Federal Prison, 29 Palms - Marine Corps,
5. Marine Laborer: Gunite
ase - Barstow, U.S. Naval Air Facility - Seeley, GROUP 1 $ 23.69
andenberg AFB 16.36
GROUP 2 -$ 22,74
I2.00 additional per hour at the following 16.36
ocations: GROUP 3 $ 19.20
16.36
Army Defense Language Institute - Monterey, Fallon Laborer: Tunnel
Air Base,- GROUP 1 $ 24.28
Iaval Post Graduate School - Monterey, Yermo Marine 12.95
orps GROUP 2 $ 24.60
ogistics Center 12.95
GROUP 3 - $ 25.06
$1.00 additional per hour at the following 12.95
'locations: GROUP 4 $ 25.75
12.95
ort Hueneme, Port Mugu, U.S. Coast Guard Station - Laborers:
Two Rock GROUP 1 $ 21.24
III 12.89
GROUP 2 $ 21.79
12.89
AB00002-004 06/01/2004 GROUP 3 $ 22.34
12.89
JUPAGE COUNTY: GROUP 4 $ 23.89
12.89
Rates GROUP 5 $ 24.24
Fringes 12.89
II Laborers: (SEWER CONSTRUCTION) - FOOTNOTE: GUNITE PREMIUM PAY: Workers working
GROUP 1 $ 29.00 from a
II 9.97 Bosn'n's Chair or suspended from a rope or cable
GROUP 2 $ 29.125 shall
9.97 receive 40 cents per hour above the foregoing
GROUP 3 $ 29.225 applicable
119.97 classification rates. Workers doing gunite
GROUP 4 $ 29.35 and/or
9.97 shotcrete work in a tunnel shall receive 35 cents
GROUP 5 $ 29.65 per hour
11[9.97 above the foregoing applicable classification
rates, paid
ABORER CLASSIFICATIONS
on a portal-to-portal basis. Any work performed
on, in or
lGROUP 1: Signalmen Top Laborers, and all other above any smoke stack, silo, storage elevator or
aborers. not - similar
Mentioned. type- of structure, when such structure is in
excess of
GROUP 2: Concrete Laborers; Steel Setters. 75'-0" above base level and which work must be
II performed in
GROUP 3: -Cement Carriers; Cement Mixers; Concrete whole or in. part more than 75'-0" above base
epairmen; level, that
Mortar Men; Scaffold Men; and Second Bottom Men. work performed above the 75'-0" level shall be
compensated
I
GROUP 4: Bottom Men; Bracers -Bracing; for at 35 cents per hour above the applicable
ricklayer's Tender; classification wage rate.
Catch Basin Digger; Drainlayer; Dynamiter; Form
Men; LABORER CLASSIFICATIONS'
Jackhammermen; Powerpac; Pipelayers; Rodders;
!elders & GROUP 1: Cleaning and handling of
panel forms;
Burners; Well Point System Men. Concrete
screeding for rough strike -off; Concrete, water
GROUP 5: Asbestos Abatement Laborers, Toxic and curing;
azardous Demolition laborer, the cleaning of brick if
Waste Removal Laborers & Dosimeter use (any performed by a
evice) worker performing any other phase of demolition
Monitoring Nuclear Exposure. work, and
the cleaning of lumber; Fire watcher, limber,
II brush loader,
A000300-001 07/01/2005 piler and debris handler; Flag person; Gas, oil
and/or
Rates water pipeline laborer; Laborer, asphalt -rubber
Fringes material
loader; Laborer, general or construction; Laborer,
II Brick Tender $ 22.24 general
2.48 clean-up; Laborer, landscaping; Laborer, jetting;
Laborer,
8
I
II 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
II signaling; Scaler;
Slip form raiser; Tar and mortar; Tool crib or
tool house
laborer; Traffic control -by any method; Window
cleaner;
II 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
embrane
and form oiler; Cutting torch operator
IF Fine
grader, highways and streetpaving, airport,
runways and
similar type heavy construction; Gas, oil and/or
ater
pipeline wrapper - pot tender and form person;
Guinea
chaser; Headerboard person - asphalt; Laborer,
tacking rod
steel and pans; Membrane vapor barrier installer;
ower
broom sweeper (small); Riprap stonepaver, placing
lisotone or
wet sacked concrete; Roto scraper and tiller;
andblaster
(pot tender); Septic tank digger and
installer(lead); Tank
Iscaler and cleaner; Tree climber, faller, chain
aw
operator, Pittsburgh chipper and similar type
brush
shredder; Underground laborer, including caisson
1ellower
GROUP 3: euggymobile person; Concrete cutting
torch; Concrete
pile cutter; Driller, jackhammer, 2-1/2 ft. drill
IPfeel or•
longer; Dri-pak-it machine; Gas, oil and/or water
ipeline
wrapper, 6 -in. pipe and over,- by any method,
Inside and
out; High -scaler (including drilling of same);
ydro seeder
and similar type; Impact wrench multi -plate;
Kettle person,
II 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
Iaterproofing);
Operator of pneumatic, gas, electric tools,
ibrating
machine, pavement breaker, air blasting, come-
alongs, and
similar mechanical tools not separately classified
erein;
Pipelayer's backup person, coating, grouting,
making of
9
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; Bull
track person;
Changehouse person; Concrete crew,
rodder and
spreader; Dump person; Dump person
Swamper
(brake person and switch person on
Tunnel
materials handling person
gang mucker,
including
(outside);
tunnel work);
GROUP 2: Chucktender, cabletender; Loading and
unloading
1
1
110 agitator cars; Nipper; Pot tender, using mastic or
ther
materials (for example, but not by way of
limitation,
shotcrete, etc.); Vibrator person, jack hammer,
lioneumatic
tools (except driller)
GROUP 3: Blaster, driller, powder person; Chemical
rout jet
person; Cherry picker person; Grout gun person;
rout mixer
person; Grout pump person; Jackleg miner; Jumbo
person;
Kemper and other pneumatic concrete placer
perator; Miner,
tunnel (hand or machine); Nozzle person; Operating
of
troweling and/or grouting machines; Powder person
primer
house); Primer person; Sandblaster; Shotcrete
erson; Steel
form raiser and setter; Timber person, retimber
erson,
wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and
raise work
IUNITE LABORER CLASSIFICATIONS
GROUP 1:
IROUP 2:
GROUP 3:
Nozzle person and rod person
Gun person
Rebound person
IAH00882-002 01/01/2006
xinges
t
Rates
Asbestos Removal Laborer $ 23.20
0.90
SCOPE OF WORK: Includes site mobilization,
Initial site
cleanup, site preparation, removal of asbestos -
containing
material and toxic waste, encapsulation, enclosure
Ind
disposal of asbestos- containing materials -and
oxic waste
by hand or with equipment or machinery;
scaffolding,
Ifabrication of temporary wooden barriers and
ssembly of
decontamination stations.
IAB01184-001 07/01/2005
Fringes
1
Rates
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer $ 22.14
8.36
(2) Vehicle Operator/Hauler.$ 22.31
'8.36
(3) Horizontal Directional
Drill Operator $ 24.16
8.36
(4) Electronic Tracking
Locator $ 26.16
8.36
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1 $ 22.67
11.19
GROUP 2 $ 23.97
11.19
GROUP 3 $ 25.98
11.19
GROUP 4 $ 27.72
11.19
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing,
including
repair and filling of cracks by any method on any
surface
in parking lots, game courts and playgrounds;
carstops;
operation of all related machinery and equipment;
equipment
repair technician
GROUP 2: Traffic surface abrasive blaster; pot
tender -
removal of all traffic lines and markings by any
method
(sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic
control
person: controlling and directing traffic through
both
conventional and moving lane closures; operation
of all
related machinery and equipment
GROUP 3: Traffic delineating device applicator:
Layout and
application of pavement markers, delineating
signs, rumble
and traffic bars, adhesives, guide markers, other
traffic -
delineating devices including traffic control.
This
category includes all traffic related surface
preparation
(sandblasting, waterblasting, grinding) as part of
the
application process. Traffic protective
delineating system
installer: removes, relocates, installs,
permanently
affixed roadside and parking delineation
barricades,
fencing, cable anchor, guard rail, reference
signs,
monument markers; operation of all related
machinery and
equipment; power broom sweeper
GROUP 4: Striper: layout and application of
traffic stripes
and markings; hot thermo plastic; tape traffic
stripes and
markings, including traffic control; operation of
all
related machinery and equipment
PAIN0036-007 07/01/2005
Rates
Fringes
Painters:
(1) Repaint Including Lead
Abatement $ 20.45
7.49
(2) High Iron 6 Steel $ 26.74
7.49
(3) Journeyman Painter
including Lead Abatement. ...$ 24.74
10 7.49
1
EPAINT:
''' epaint of any structure with the exception of work
involving
he aerospace industry, breweries, commercial
tl
ecreational
acilities, hotels. which operate commercial
establishments as
part of hotel service, and sports facilities, tenant
Improvement
work not included in conjunction with
he
onstruction of the building and all repainting of
tenant
improvement projects.
LIGH IRON & STEEL:
erial towers, towers, radio towers, smoke stacks,
flag poles
(any flag poles that can be finished from the ground
rth a
adder excluded), elevated water towers, steeples
nd domes in
their entirety and any other extremely high and
Iazardous work,
ooning-steel, bos'n chair, or.other similar
evices, painting
in other high hazardous work shall be classified as
high iron &
'reel
PAIN0036-008 10/01/2005
Iring es
Rates
Drywall Finisher $ 28.33
11[9.98
PAIN0169-002 07/01/2005
fringes
Glazier $ 26.69
111.84
Rates
PAIN1247-002 02/01/2006
!Fringes
Rates
Soft Floor Layer $ 28.40
5.94
ILAS0200-001 01/01/2005
tinges
Rates
Plasterer $ 28.29
7.46
LAS0500-002 07/01/2005
Rates
fringes
Cement Mason $ 25.00
15.33
IILUM0016-001 07/01/2005
Rates
14.64
14.64
14.64
Plumber/Pipefitter
(1) Work on strip malls,
light commercial, tenant
improvement and remodel
work $ 24.19
10.44
(2) work on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space $ 30.32
12.06
(3) All other work $ 31.36
12.63
PLUM0345-001 07/01/2005
Rates
Fringes
Plumbers
Landscape/Irrigation Fitter.$ 23.98
11.85
Sewer & Storm Drain Work....$ 21.06
12.21
ROOF0036-002 09/01/2005
Rates
Fringes
Roofer (including Built Up,
Composition and Single Ply). ...$ 27.75
7.17
FOOTNOTE: Pitch premium: Work on which employees
are exposed - -
to pitch fumes or required to handle pitch, pitch
base or
pitch impregnated products, or any material
containing coal
tar pitch, the entire roofing crew shall receive
$1.75 per
hour "pitch premium" pay.
SFCA0669-007 04/01/2006
Rates
Fringes
Sprinkler Fitter (FIRE) $ 30.15
13.15
SHEE0273-002 02/01/2006
Rates
Fringes
Sheet metal worker - $ 31.79
13.65
TEAM0011-002 07/01/2005
Rates
Fringes
Truck drivers:
GROUP 1 $ 23.54
GROUP 2 $ 23.69
GROUP 3 $ 23.82
F
nges
Il
1
GROUP 4 $ 24.01
14.64
GROUP 5 $ 23.95
14.64
GROUP 6 $ 24.07
4.64
GROUP 7 $ 24.32
4.64
GROUP 8 $ 24-.57
14.64
GROUP 9 $ 24.77
4.64
GROUP 10 $ 25.07
14.64
GROUP 11
GROUP 11 $ 25.57
4.64
WORK ON ALL MILITARY BASES:
IREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake,
dwards AFB,
Fort Irwin, George AFB, Marine Corps Logistics
ase at Nebo
& Yermo, Mountain Warfare Training Center,
ridgeport,
Point Arguello, Point Conception, Vandenberg AFB)
TRUCK DRIVERS CLASSIFICATIONS
ROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of
Iehicles - 2
axles; Traffic control pilot car excluding moving
eavy
equipment permit load; Truck mounted broom
IGROUP 3: Driver of vehicle or combination of
ehicles - 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
ds.; Dumperete
Ittruck, 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);
1111 ipeline and
utility working truck driver, including winch
ruck and
plastic fusion, limited to pipeline and utility
I o rSluk;
rry truck driver
GROUP 6: Transit mix truck, 3 yds. or more;
Dumperete truck,
I6-1/2 yds. water level and over; Vehicle or
ombination of
vehicles - 4 or more axles; Oil spreader truck;
Dump truck,
16 yds. to 25 yds. water level
IGROUP 7: A Frame, Swedish crane or similar;
orklift driver;
Ross carrier driver
GROUP 8: Dump truck,
evel; Truck
repair person; Water
25 yds. to 49 yds. water
pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed
river, 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
WELDERS - Receive rate prescribed for craft
performing
operation to which welding is incidental.
Unlisted classifications needed for work not
included within
the scope of the classifications listed may be added
after
award only as provided in the labor standards
contract clauses
(29CFR 5.5 (a) (1) (ii)) .
In the listing, above, the "SU" designation means
that rates
listed under the identifier do not reflect
collectively
bargained wage and fringe benefit rates. Other
designations
indicate unions whose rates- have been determined to
be
prevailing.
WAGE. DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the
matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on
a wage determination matter
• a conformance (additional classification and
rate) ruling - -
On survey related matters, initial contact,
including requests -
for summaries of surveys, should be with the Wage
and Hour
Regional Office for the area in which the survey was
conducted
because those Regional Offices have responsibility
for the
Davis -Bacon survey program. If the response from
this, initial
contact is not satisfactory, then the process
described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the
formal
process described here, initial contact should be
with the
Branch of Construction Wage Determinations. Write
to:
Branch of Construction Wage Determinations
Wage and Hour Division
12 U.S. Department of Labor
1
I
I
2.) If the answer to the question in 1.) is yes,
then an
11 nterested party (those affected by the action) can
equest
review and reconsideration from the Wage and Hour
Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
1
200 Constitution Avenue,'N
Washington, DC 20210
the request should be accompanied by a full
statement of the
interested party's position and by any information
wage
ayment data, project description, area practice
aterial,
-etc.) that the requestor considers relevant to the
Issue.
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
.) If the decision of the Administrator is not
avorable, an
interested party may appeal directly to the
ggggIdministrative
eview Board (formerly the Wage Appeals Board).
rite to:
I
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board
lire final.
II END OF GENERAL DECISION
.:he request should be accompanied by a full
statement of the
Lnterested
party's position and by any information
wage
ayment-data, project description, area practice
aterial,
etc.) that the requestor considers relevant to the
Issue.
.) If the decision of the Administrator is not
favorable, an
interested party may appeal directly to the
Idministrative
eview Board (formerly the Wage Appeals Board).
rite to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
All decisions by the Administrative Review Board
Ire final.
END OF GENERAL DECISION
13
I
I
I
r
I
I
r
I
1
I
I
1
To:
APPENDIX III
SAMPLE NOTICE LETTER
(Copy onto Company Letterhead)
NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY
Address to Labor Organization and/or Worker Representatives (collective bargaining etc.)
Pursuant to the Standard Specifications of the City of San Mateo and in consideration of
performing work or supplying materials for the Project, a public
works project of the City of San Mateo, you are hereby notified that all employee referrals are to be made
without regard to race, color, religion, sex, disability, or national origin and that employment will be made
without regard thereto.
Contractor
Street Address
City Zip
Signature
Title
Date
1
I
I
1
1
I
I
I
I
1
I
I
If
APPENDIX IV
CERTIFICATION OF PAYMENT TO SUBCONTRACTORS AND SUPPLIERS
A prime contractor or subcontractor shall pay a subcontractor not later than 10 days of receipt of each progress
payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code
concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in
writing. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties,
sanction and other remedies of that section. Federal regulation (49 CFR 26.29) requires that any delay or
postponement of payment over 30 days of receipt of each payment may take place only for good cause and with
the agency's prior written approval. These requirements shall not be construed to limit or impair any
contractual, administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in
the event of a dispute involving late payment, or nonpayment by the prime contractor, deficient subcontract
performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE prime
contractors and subcontractors.
No retainage will be held by the City from progress payments due to the prime contractor. Prime contractors
and subcontractors and prohibited from holding retainage from lower tier subcontractors. Any delay or
postponement of payment may take place only for good cause and with the agency's prior written approval.
Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties,
sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code.
These requirements shall not be construed to limit or impair any contractual, administrative, or judicial
remedies otherwise, available to the prime contractor or subcontractor in the event of a dispute involving late
payment, or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a
subcontractor. This provision applies to both DBE and non -DBE prime contractors and subcontractors.
The prime contractor shall maintain a lien free project.
By my signature I certify, under penalty of perjury under the laws of the State of California, that I have
complied/will comply with the above provisions of the Section 7108.5 of the California Business and
Professions Code and Federal regulation (49 CFR 26.29)
Contractor
By:
(Name and Title of Person Making Certification
Date
I
1
I
I
I
i
1
I
I
I
I
I
1
APPENDIX V
CONDITIONAL WAIVER AND RELEASE
UPON PROGRESS PAYMENT
(Civil Code Section 3262 (d) (1))
Upon receipt by the undersigned of a check from THE CITY OF SAN MATEO in the sum of
(Amount of Check) payable to Payee or
Payees of Check) and when the check has been properly endorsed and has been paid by the bank upon
which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or
bond right the undersigned has on the job of THE CITY OF SAN MATEO located at
(Job Description) to the following extent.
This release covers a progress payment for labor, services, equipment, or material furnished to THE
CITYOF SAN MATEO through (Date) only and does not cover any retentions retained
before or after the release date; extras furnished before the release date for which payment has not been
received; extras or items furnished after the release date. Rights based upon work performed or items
furnished under a written change order which has been fully executed by the parties prior to the release
date are covered by this release unless specifically reserved by the claimant in this release. This release of
any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights, including
rights between parties to the contract based upon a rescission, abandonment, or breach of the contract, or
the right of the undersigned to recover compensation for furnished labor, services, equipment, or material
covered by this release if that furnished labor, services, equipment, or material was not compensated by the
progress payment.
Before any recipient of this document relies on it, said party should verify evidence of payment to the
undersigned.
Dated :
(Company Name)
By
(Title)
I1
I
r
I
I
I
I
I
I
I
I
I
I
1
I
APPENDIX VI
UNCONDITIONAL WAIVER AND RELEASE
UPON PROGRESS PAYMENT
(Civil Code Section 3262 (d) (2))
The undersigned has been paid and has received a progress payment in the sum of $
for labor, services, equipment or material furnished to THE CITY OF SAN MATEO on the job of THE
CITY OF SAN MATEO located at (Job
Description) and does hereby release any mechanic's lien, stop notice, or bond right that the undersigned
has on the above referenced job to the following extent.
This release covers a progress payment for labor, services, equipment, or material furnished to THE
CITYOF SAN MATEO through (Date) only and does not cover retentions retained
before or after the release date; extras furnished before the release date for which payment has not been
received; extras or items furnished after the release date. Rights based upon work performed or items
furnished under a written change order which has been fully executed by the parties prior to the release
date are covered by this release unless specifically reserved by the claimant in this release. This release of
any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights, including
rights between parties to the contract based upon a rescission, abandonment, or breach of the contract, or
the right of the undersigned to recover compensation for furnished labor, services, equipment, or material
covered by this release if that furnished labor, services, equipment, or material was not compensated by the
progress payment.
"NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT
YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS
ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF
YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM."
Dated:
(Company Name)
By
(Title)