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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)