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HomeMy Public PortalAboutEast Third Avenue and Fourth Avenue Interconnect From Delaware to HumboldtI I I U I I I I I I I I I I CONTRACT BOOK EAST THIRD AVENUE AND FOURTH AVENUE INTERCONNECT FROM DELAWARE TO HUMBOLDT CITY PROJECT: 09-90-51.37 AUGUST 2002 CITY OF SAN MATEO Public Works Department 330 West 20th Avenue San Mateo, CA 94403 650/522-7300 650/522-7301 (fax) uj o DEPARTMENT OF PUBLIC WORKS Larry A. Patterson, P.E., Director Dated: September 10, 2002 ADDENDUM NO. 1 330 West 20th Avenue San Mateo, California 94403-1388 Telephone (650) 522-7300 FAX: (650) 522-7301 www.ci.sanmateo.ca.us EAST THIRD AND FOURTH AVENUE INTERCONNECT FROM DELAWARE TO HUMBOLDT FEDERAL AID PROJECT NO. CML - 5102 (23) EA NO. 04-928232 CITY PROJECT NO. 90-51.37 Addendum No. 1 is issued to the above -referenced Contract Book, which is scheduled for bid opening on September 19, 2002 at 2:00 p.m. The following change has been made: BID DATE: The bid date has been changed to September 19, 2002 from September 17, 2002. CONTRACT BOOK: Appendix III entitled "Federal Minimum Wages: Replace this section in its entirety with the attached Department of Labor, Decision No. CA020029, Modification Number 16, dated September 6, 2002. PLANS: The plans remain unchanged Each bidder shall acknowledge receipt of this Addendum by signing one copy of the attached Acknowledgement Sheets and returning it immediately. The bidder shall submit the second copy with the bid documents. ADDENDUM NO. 1 EAST THIRD AND FOURTH AVENUE INTERCONNECT FROM DELAWARE TO HUMBOLDT CITY PROJECT NO. 90-51.37 ACKNOWLEDGEMENT I have received Addendum No. 1 to the Contract Book titled, "East Third and Fourth Avenue Interconnect from Delaware to Humboldt". 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 Q:\pw\P W ENG\A_CONTRS\2002\E.3rd&4thIntrcnt\ADDENDUM.DOC (650) 522-7301 (fax) ADDENDUM NO. 1 EAST THIRD AND FOURTH AVENUE INTERCONNECT FROM DELAWARE TO HUMBOLDT CITY PROJECT NO. 90-51.37 ACKNOWLEDGEMENT I have received Addendum No. 1 to the Contract Book titled, "East Third and Fourth Avenue Interconnect from Delaware to Humboldt". 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\20021E.3rd8t4thIntrent\ADDENDUM.DOC WAIS Document Retrieval Page 1 0 35 GENERAL DECISION CA020029 09/06/2002 CA29 Date: September 6, 2002 General Decision Number CA020029 Superseded General Decision No. CA010029 State: California Construction Type: BUILDING DREDGING HEAVY HIGHWAY County(ies): ALAMEDA CALAVERAS CONTRA COSTA FRESNO KINGS MADERA MARIPOSA MERCED MONTEREY SAN BENITO SAN FRANCISCO SAN JOAQUIN SAN MATEO SANTA CLARA SANTA CRUZ STANISLAUS TUOLUMNE BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number 0 1 2 3 4 5 . 6 7 8 9 10 11 12 13 14 15 16 COUNTY(ies): ALAMEDA rATaVERAS CONTRA COSTA FRESNO KINGS MADERA Publication Date 03/01/2002 03/08/2002 03/22/2002 03/29/2002 04/12/2002 04/19/2002 05/10/2002 05/17/2002 05/31/2002 06/07/2002 06/14/2002 07/05/2002 07/19/2002 08/02/2002 08/09/2002 08/23/2002 09/06/2002 MARIPOSA MERCED MONTEREY SAN BENITO SAN FRANCISCO SAN JOAQUIN ASBE0016A 08/01/2002 Includes the application of all insulating materials, protective coverings, coatings, and finishings to all types of mechanical systems INSULATOR/ASBESTOS WORKER SAN MATEO SANTA CLARA SANTA CRUZ STANISLAUS TUOLUMNE Rates 37.78 Fringes 9.76 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9 9/02 WAIS Document Retrieval Page 2 of 35 ASBE0016E 05/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO; SAN MATEO AND. SANTA CLARA COUNTIES: Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not HAZARDOUS MATERIAL HANDLER 22.90 3.25 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES Includes preparation, wetting, stripping; removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not HAZARDOUS MATERIAL HANDLER 13.90 2.25 ASBE0016F 05/01/1999 Rates Fringes CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES: Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from 'mechanical systems, whether they contain asbestos or not HAZARDOUS MATERIAL HANDLER 22.01 4.28 BOIL0549B 10/01/2001 Rates Fringes BOILERMAKER 31.51 11.95 BRCA0003B 08/01/2002 MARBLE FINISHER Rates Fringes 25.17 6.42 BRCA0003D 08/01/2002 MARBLE MASON Rates Fringes 35.44 11.96 BRCA0003G 07/01/2001 Rates Fringes SAN FRANCISCO AND SAN MATEO COUNTIES: BRICKLAYER 31.80 10.50 ALAMEDA, CONTRA COSTA, SAN BENITO AND SANTA CLARA COUNTIES BRICKLAYER 30.52 9.63 T'AT,AVERAS, SAN JOAQUIN, STANISLAUS AND TOULUMNE COUNTIES http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 3 of 35 BRICKLAYER 26.65 - 8.25 MONTEREY AND SAN CRUZ COUNTIES BRICKLAYER 28.48 10.00 FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES BRICKLAYER 24.70 8.80 FOOTNOTES: Operating a saw or grinder: $0.50 per hour additional. Gunite nozzle person: $1.00 per hour additional. BRCA0003P 07/01/2001 TERRAZZO WORKER TERRAZZO FINISHER Rates 33.80 18.06 Fringes 10.15 6.57 BRCA0003T 04/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: TILE LAYER - 34.13 7.20 TILE FINISHER 17.16 5.97 rAT.AVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES TILE LAYER 28.43 7.15 TILER FINISHER 18.66 5.97 FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES TILE LAYER 26.27 TILE FINISHER 18.55 5.65 4.77 CARP0003A 08/01/2002 Rates ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND COUNTIES DRYWALL INSTALLER/LATHER 29.75 DRYWALL STOCKER/SCRAPPER 14.88 MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES Total Project value $25 Million and over DRYWALL INSTALLER/LATHER 29.75 DRYWALL STOCKER/SCRAPPER 14.88 Total Project Value under $25 Million DRYWALL INSTALLER/LATHER DRYWALL STOCKER/SCRAPPER REMAINDER OF COUNTIES: Total Project value $25 million and over DRYWALL INSTALLER/LATHER DRYWALL STOCKER/SCRAPPER Total Project value under $25 million DRYWALL INSTALLER/LATHER DRYWALL STOCKER/SCRAPER 24.62 12.19 29.75 14.88 23.77 11.89 Fringes SANTA CLARA. 12.415 6.795 12.415 6.795 12.415 6.795 12.415 6.975 12.415 7.795 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval -Page 4 0 35 CARP0034A 07/01/2002 Rates DIVERS: Diver standby 32.34 14.475 Diver wet pay 43.59 14.475 Tender 32.34 14.475 Saturation diver 46.50 14.475 Fringes DEPTH PAY (Surface Diving): 50 to 100. ft $1.32/ft 100 to 150 ft $66.00 + $1.85/ft 150 to 200 ft $158.00 + $2.65/ft 200 ft and over $291.00 + $3.00/ft CARP0034C 07/01/2002 PILEDRIVER Rates 29.40 Fringes 14.475 CARP0035A 07/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, AND SANTA CLARA COUNTIES: CARPENTER 29.75 11.975 HARDWOOD FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR; SAW FILER 29.90 11.975 BRIDGE BUILDERS- 29.75 11.975 MILLWRIGHT 29.85 13.315 rAT,AVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS, AND TUOLU)'QE COUNTIES: TOTAL PROJECT VALUE $25 MILLION AND OVER: CARPENTER 29.75 11.975 HARDWOOD FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR;. SAW FILER 29.90 11.975 BRIDGE BUILDERS 29.75 11.975 MILLWRIGHT 29:85 13.315 TOTAL PROJECT VALUE UNDER $25 MILLION CARPENTER 23.27 11.975 HARDWOOD FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR; SAW FILER 23.42 11.975 BRIDGE BUILDERS 27.43 11.975 MILLWRIGHT 25.27 13.315 MONTEREY, SAN BENITO, AND SANTA CRUZ COUNTIES: TOTAL PROJECT VALUE $25 MILLION AND OVER: CARPENTER 29.75 11.975 'HARDWOOD FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR; SAW FILER 29.90 11.975 BRIDGE BUILDERS 29.75 11.975 MILLWRIGHT 29.85 13.315 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/ 9/02 WAIS Document Retrieval TOTAL PROJECT VALUE UNDER $25,000,000 _ CARPENTER 24.62 _ 11.975 HARDWOOD FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR; SAW FILER 24.77 11.975 BRIDGE BUILDERS 27.99 11.975 MILLWRIGHT - 26.62 13.315 CARP0035H 07/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, SANTA CLARA COUNTIES MODULAR FURNITURE INSTALLER 18.18 5.455 MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES MODULAR FURNITURE INSTALLER 16.00 5.455 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS, TUOLUMNE COUNTIES MODULAR FURNITURE INSTALLER - 15.23 5.455 ELEC0006A 12/01/2000 Rates Fringes ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA, AND SANTA CRUZ COUNTIES: COMMUNICATIONS AND SYSTEMS WORK: Communications and Systems Installer 23.32 33+4.10 Communications and Systems Technician 26.55 3%+4.10 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 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. ELEC0006H 06/01/2002 SAN FRANCISCO COUNTY: ELECTRICIAN Rates 45.55 Fringes 13.885 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 6 of 35 ELEC0006K 12/01/1999 Rates Fringes CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: COMMUNICATIONS AND SYSTEMS WORK: Communications and Systems Installer 18.72 34+4.10 Communications and Systems Technician 21.31 3t+4.10 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 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 conductorsfor 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. ELEC010OC 06/01/2002 FRESNO, KINGS, AND MADERA COUNTIES: ELECTRICIAN Rates 27.10 Fringes 34+8.81 ELECO100F 01/07/2002 Rates Fringes FRESNO,KINGS, MADERA AND TULARE COUNTIES: COMMUNICATIONS AND SYSTEMS INSTALLER SCOPE OF WORK 21.47 34+5.40 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, inventory control systems, microwave transmission, multi -media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms, and low voltage master clock systems. A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS Background foreground musicc Intercom and telephone interconnect systems Telephone systems Nurse call systems Radio page systems School intercom and sound systems http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 7 of 35 Burglar alarm systems Low voltage master clock systems Multi-media/multiplex systems Sound and musical entertainment systems RF systems Antennas and Wave Guide B. FIRE ALARM SYSTEMS Installation, wire pulling and testing 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 RF and Remote Control Systems' Fiber Optic Data 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. ELECO234A 12/24/2001 Rates MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES: ELECTRICIANS Fringes 32.06 3% + 11.59 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 949/02 35 .WAIS Document Retrieval Page 8 o ELEC0302A 06/01/2002 CONTRA COSTA COUNTY: Rates Fringes ELECTRICIANS 37.51 3%+9.90 CABLE SPLICER 41.26 3%+9.90 ELEC0332A 06/01/21302 SANTA CLARA COUNTY: ELECTRICIAN CABLE SPLICER - Rates Fringes 42.57 3%+11.27 48.96 3%+11.27 FOOTNOTES: Work under compressed air or where gas masks are required, or work 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. ELEC0595A 06/01/2002 ALAMEDA COUNTY: Electricians Cable Splicers Rates Fringes 37.00 3%+14.35 41.63 3%+14.35 ELEC0595B 06/01/2002 Rates Fringes CALAVERAS AND SAN JOAQUIN COUNTIES: TUNNEL WORK: Electrician 28.32 7.5%+11.96 Cable splicer 31.84 7.5%+11.96 ALL OTHER WORK: Electrician Cable splicer 28.19 31.71 7.5%+11.96 7.5%+11.96 ELEC0617A 06/01/2002 SAN MATEO COUNTY: ELECTRICIAN Rates 42.37 Fringes 3%+11.66 ELEC0684A- 07/01/2001 Rates Fringes MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE- COUNTIES: Electrician 28.02 7%+9.05 Cable splicer 30.82 7%+9.05 ELEC1245A 06/01/2002 LINE CONSTRUCTION Lineman; Cable splicer Rates Fringes 33.16 4.51+7.08 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 9 of 35 Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), and overhead and underground distribution line equipment) 28.19 4.5t+6.80 Groundman 21.56 4.5t+6.80 Powderman 31.51 4.5t+6.84 ELEV0008A 08/01/2001 ELEVATOR MECHANIC Rates . Fringes 42.735 7.455 FOOTNOTE: Vacation Pay: 8t with 5 or more years of service, 6t for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. * ENGI0003B 07/01/2001 Rates Fringes POWER EQUIPMENT OPERATORS: DREDGING: CLAMSHELL & DIPPER DREDGING; HYDRAULIC SUCTION DREDGING: AREA 1: Leverman Dredge dozer; Heavy duty repairman Booster pump operator; Deck; engineer; Deck Mate; Dredge tender; Winch operator Bargeman; Deckhand; Fireman; Leveehand; Oiler 34.39 29.43 28.31 25.01 12.37 12.37 12.37 12.37 AREA 2: Leverman 36.39 12.29 Dredge dozer; Heavy duty repairman 31.43 12.29 Booster pump operator; Deck engineer; Deck mate; Dredge tender; Winch operator 30.31 12.29 Bargeman; Deckhand; Fireman; leveehand; Oiler 27.01 12.29 AREA DESCRIPTIONS FOR POWER EQUIPMENT OPERATORS DREDGING These areas do not apply to piledrivers and steel erectors. AREA 1: BUTTE, MARIN, NAPA, SACRAMENTO,..SOLANO, SUTTER, YOLO AND YUBA COUNTIES AREA 2: MODOC COUNTY The remaining counties are split between Area 1 and Area 2 as noted below: - ALPINE COUNTY: AREA 1: Area within the line beginning at the northernmost point of Alpine County at the intersection of the California/Nevada state boundary, http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 10 of 35 Thence southeasterly along the state boundary to the intersection of the northerly line of Township 1ON, Range 21E, Thence westerly to the. intersection of said county line and the northerly line of Township 10N, Range 1BE,_ Thence northerly along said county line to the point of beginning. AREA 2: Remainder of Alpine County. COLUSA COUNTY: AREA 1: Area lying easterly of the east line of the following townships: Township 16N, Range 7W; Township 17N, Range 7W; Township 18N, Range 7W. AREA -2: Remainder of Colusa County. EL DORADO COUNTY: AREA 1: Beginning at the point of intersection of the northerly line of El Dorado County with the easterly line of Range 10E, Thence southwesterly along said county line to the southwest corner of said county, Thence easterly along said county line to the intersection. of the easterly line of Township 8N, Range 14#, Thence northerly to the northeast corner of Township 10N, Range 14E, Thence easterly along the 2nd standard parallel north to the intersection of the easterly line of said county, Thence northerly along said county line to the California/Nevada State Border, Thence northerly along said border to the northerly line of said county, Thence westerly along the county line to the intersection with the easterly line of Township 14N, Range 14E, Thence southerly to the southeast corner of Township 14N, Range Thence Range Thence Range Thence . Range Thence Range Thence 14E, easterly to the northeast corner of Township 13N, 15E, southerly to the southeast corner of Township 13N, 15E, easterly to the northeast corner of Townshp 12N, 16E, southerly to the 16E, westerly to the southeast corner of Township 12N, Range 10E, Thence northerly along the township line to the point of beginning. AREA 2: Remainder.of El Dorado County. southeast corner of Township 12N, GLENN COUNTY: AREA 1: Area lying easterly of the east line of the following townships: Township 18N, Range 7W; Township 19N, Range 7W; Township 20N, Range 7W; Township 21N, Range 7W. AREA 2: Remainder of Glenn County. T SEEN COUNTY: AREA 1: Area lying within the following townships: Township 27N, Range BE; Township 28N, Range 8E; Township 30N, Range 6E; Township 31N, Range 6E; township.32N, Range 6E. AREA 2: Remainder of Lassen County. PLACER COUNTY: AREA 1: Beginning at the point of intersection of the northerly line of Placer County with the California/Nevada state border, Thence southwesterly along said county line to http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 11 oY 35 .the southwest corner of said -county, Thence easterly and northeasterly along said county line to the intersection with the easterly line of Range 10E, Thence northerly to the northwest corner of Township 15N, Range 11E, Thence easterly to the northeast corner of Township 15N, Range 11E, Thence northerly to the northwest corner of Township 16N, Range 12E, Thence easterly to the northwest corner of Township 16N, Range 12E, Thence easterly to the northeast corner of Township 16N, Range 14E, Thence southerly along the range line to the intersection of the southerly line of said county, * ENGI0004L 06/16/2002 POWER EQUIPMENT OPERATORS: AREA 1: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 GROUP 8 GROUP 8-A AREA 2: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 GROUP 8 GROUP 8-A Rates Fringes 34.47 32.94 31.46 30.08 28.81 27.49 26.35 25.21 23.00 36.47 34.94 33.46 32.08 30.81 29.49 28.35 27.21 25.00 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 POWER EQUIPMENT OPERATORS - ALL CRANES'AND ATTACHMENTS: AREA 1: GROUP 1 35.35 13.51 Truck crane oiler 28.38 13.51 Oiler 26.09 13.51 GROUP 2 33.59 13.51 Truck crane oiler 28.12 13.51 Oiler 25.88 13.51 GROUP 3 31.85 13.51 Truck crane oiler 27.88 13.51 Hydraulic 27.49 13.51 Oiler 25.60 13.51 AREA 2: GROUP 1 37.35 13.51 Truck crane oiler 30.38 13.51 Oiler 28.09 13.51 GROUP 2 35.59 13.51 Truck crane oiler 30.12 13.51 Oiler 27.88 13.51 GROUP 3 33.85 13.51 Truck crane oiler 29.88 13.51 Hydraulic 28.12 13.51 Oiler 27.60 13.51 http://frwebgat..../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/;9/O2 WAIS Document Retrieval Page 12 of 35 POWER EQUIPMENT OPERATORS - PILEDRIVERS: GROUP 1 35.69 13.51' Truck crane oiler 28.77 13.51 Oiler 26.43 13.51 GROUP 2 33.87 - 13.51 Truck crane oiler 28.46 13.51 Oiler 26.16 13.51 GROUP 3 32.19 13.51 Truckcrane oiler 28.17 13.51 Oiler 25.94 13.51 GROUP 4 30.42 13.51 GROUP 5 27.78 13.51 GROUP 6 25.55 13.51 POWER EQUIPMENT OPERATORS - STEEL ERECTION: GROUP 1 36.32 13.51 Truck crane oiler 29.00 13.51 Oiler 26.77 13.51 GROUP 2 34.55 13.51 Truck crane oiler 28.78 13.51 Oiler 26.50 13.51 GROUP 3 33.07 13.51 Truck crane oiler 28.51 13.51 Hydraulic 28.12 13.51 Oiler 26.28 13.51 GROUP 4 - 31.05 13.51 GROUP 5 29.75 13.51 POWER EQUIPMENT OPERATORS TUNNEL AND UNDERGROUND WORK: AREA 1: UNDERGROUND: GROUP 1-A GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 SHAFTS, STOPES AND RAISES: GROUP 1-A .GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 AREA 2: UNDERGROUND: GROUP 1-A GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 32.94 30.47 29.21 27.88 26.74 25.60 33.04 30.57 29.31 27.98 26.74 25.70 34.94 32.47 31.21 29.88 28.74 27.60 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13..51 13.51 13.51 13.51. 13.51 13.51 13.51 13.51 13.51 13.51 SHAFTS, STOPES AND RAISES: _ GROUP 1-A 35.04 13.51 GROUP 1 32.57 13.51 GROUP 2 31.31 13.51 GROUP 3 29.98 13.51 GROUP 4 28.84 13.51 GROUP 5 27.70 13.51 FOOTNOTE: Work suspended by ropes or cables, or work on a Yo -Yo Cat: $.60 per hour additional. POWER EQUIPMENT OPERATOR CLASSIFICATIONS http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 13 of 35 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,.3-1/2cu. yds. up to 7 cu. yds.; Power blade operator (finish); Power shovels, over 1 cu. yd. up to and including 7 cu. yds. m.r.c. GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine; Crane mounted continuous flight tie back machine; 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; 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; Power blade support; Roller 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); Timber skidder; Track loader up to 4 yds.; Tractor -drawn scraper; Tractor, compressor drill combination; Welder; Woods - Mixer (and other similar Pugmill equipment) 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; Drilling 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 burro, curb and/or curb and gutter machine, concrete or asphalt); Mine or shaft hoist; Portable crusher; Power jumbo operator (setting slip -forms, etc., in tunnels); Screed (automatic or manual); Self-propelled compactor with dozer; Tractor with boom D6 or smaller; Trenching machine, maximum digging capacity over 5 ft. depth; Vermeer T -600B rock cutter or similar 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 mounted 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- http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 14 0 35 propelled pipeline wrapping machine; Soils & materials tester; Tractor 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) POWER EQUIPMENT OPERATOR CLASSIFICATIONS 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; Mobile self -erecting tower crane (Potain) over three (3) stories GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Crane, 45 tons and under; Self-propelled boom -type lifting device, 45 tons and under; Truck -mounted rotating telescopic boom type lifting device,-Manitex or similar (boom truck) - under 15 tons; Boom truck or dual purpose A -frame truck, non -rotating, over 15 tons GROUP 3A: Mobile self -erecting tower crane (Potain) three (3) stories or under POWER EQUIPMENT OPERATORS - 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 crawler, land or barge http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 15 0 35 mounted over 100 tons 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 10.0 tons GROUP 3: Derrick barge pedestal mounted under 45 tons; Self- propelled boom -type lifting device 45 tons and under; Skid/scow piledriver, any tonnage; Truck crane or crawler, land or barge mounted 45 tons and under GROUP 4: Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over; Heavy-duty repairperson/welder GROUP 5: Deck engineer GROUP 6: Deckhand; Fire tender POWER EQUIPMENT OPERATORS - 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 GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty repair person/welder GROUP 5: Boom cat POWER EQUIUPMENT OPERATORS: TUNNEL AND UNDERGROUND WORK GROUP 1-A: Tunnel bore machine operator, 20' diameter or more GROUP 1: Heading shield operator; Heavy-duty repairperson; Mucking machine (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator GROUP 2: Combination slusher and motor operator; Concrete pump or pumperete gun; Power jumbo operator GROUP 3: Drill doctor; Mine or shaft hoist GROUP 4: Combination slurry mixer cleaner; Grouting Machine operator; Motorman GROUP 5: Bit Sharpener; Brakeman; Combination mixer and compressor (gunite); Compressor operator; Oiler; Pump operator; Slusher operator AREA DESCRIPTIONS POWER EQUIPMENT OPERATORS CRANES AND ATTACHMENTS TUNNEL AND UNDERGROUND These areas do not apply to piledrivers and steel erectors. AREA 1: ALAMEDA, CONTRA COSTA, KINGS, MERCED, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ AND STANISLAUS COUNTIES AREA 2 - The remaining counties are split between Area 1 and http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 16 o 35 Area 2 as noted below: rAT,AVERAS COUNTY: AREA 1: Area within the line beginning at the southernmost point of Calaveras County, Thence northerly along the southeasterly county line to the intersection with the easterly line of Range 15 East, Thence northerly to the northeast corner of Township 5N, Range 15E, Thence westerly to the southeast corner of Township 6N, Range 14E, Thence northerly along the range line to the intersection with the northerly lineof said county, Thence westerly and southerly along the county line to the point of beginning. AREA 2: Remainder. of Calaveras County. FRESNO COUNTY: AREA 1: Area within the line beginning at the southeast corner of Township 13S,Range 28E, Thence northerly to the northeast corner of Township 13S, Range 28E, Thence westerly to the southeast corner of Township 125, Range 27E, Thence northerly to the northeast corner of Township 12S, Range 27E, Thence westerly to the southeast corner of Township 11S, Range 26E, Thence northerly to the northeast corner of Township 11S, Range 26E, Thence westerly to the southeast corner of Township 10S, Range 25E, Thence northerly to the northeast corner of Township 95, Range 25E, Thence westerly to the southeast corner of Township 85, Range 24E, Thence northerly to the northeast corner of Township 88, Range 24E, Thence westerly along the north line of Township 8S to the intersection with the Fresno County line, Thence southwesterly and northwesterly along said county line to the intersection with the southeasterly line of Merced County, Thence southwesterly along said county line to the intersection with the easterly line of San Benito County, Thence southerly along said county line to the intersection with the easterly line of Monterey County, Thence southeasterly along said county line to the intersection with the northwesterly line of Kings County, Thence northeasterly along the southeasterly line of Fresno County to the point of beginning. AREA 2: Remainder of Fresno County. MADERA COUNTY: AREA 1: Area within the line beginning at the point of intersection of Fresno County, Madera County, and Merced County, Thence southeasterly and northeasterly along the southerly line of Madera County to the intersection with the northerly line of Township 8S, Thence westerly to the southeast corner of Township 7S, Range 23E, Thence northerly to the northeast corner of Township 65, Range 23E, http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 17 0 35 Thence westerly along the north line of Township 6S to the intersection of the northwesterly line of Madera County, Thence southwesterly along said county line to the point of beginning. - AREA 2: Remainder of Madera County. MARIPOSA. COUNTY AREA 1: AREA 1: Area within the line beginning at the point of intersection of Stanislaus County with Mariposa County; Thence southeasterly along the westerly line of Mariposa County to the intersection of Madera County, Thence northeasterly along said county line to the itersection of the southerly line of Township 5S, Thence westerly to the southeast corner of Township 5S, Range 20E, Thence northerly to the northeast corner of Township 58, Range 20E, Thence westerly to the southeast corner of Township 4S, Range 19E, Thence northerly along the range line to the intersection with the northerly line of Mariposa County, Thence westerly along said county line to the point of beginning. AREA 2 : Remainder of Mariposa. County MONTEREY COUNTY: AREA 1: Area within a line beginning at the intersection of the southerly line of Township 198 with the Pacific Ocean, Thence easterly along the southerly line of Township 19S to the northwest corner of Township 20S, Range 6E, Thence southerly to the southwest corner of Township 20S, range 6E, Thence easterly to the northwest corner of Township 21S, Range 7E, Thence southerly to the southwest corner of Township 21S, Range 7E, Thence easterly to the northwestcorner of Township 22S, Range 9E, Thence southerly to the southwest corner of Township 22S, Range 9E, Thence easterly to the northwest corner of Township 238, Range 10E, Thence southerly to the southwest corner of Township 24S, Range 10E, Thence easterly along the southerly line of Township 24S to the southeasterly corner of Monterey County, Thence northwesterly along said county line to the point of intersection with the southerly line of Santa Cruz County, Thence westerly along the northerly line of Monterey County to the Pacific Ocean, Thence southerly along the Pacific Ocean to the point of beginning. AREA 2: Remainder of Monterey County. TUOLUMNE COUNTY: AREA 1: Area within the line beginning at the point of intersection of the easterly line of Township 2S, Range 19E, with the southerly line of Tuolumne County, Thence northerly to the northeast corner of Township 1S, Range 19E, Thence westerly to the southeast corner of Township 1N, Range 18E, Thence northerly to the northeast corner of Township 3N, Range 18E, http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 18 of 35 Thence westerly to the southeast corner of Township -4N, Range 17E, Thence northerly to the northeast corner of Township 4N, Range 17E, Thence northerly to the northeast corner of Township 4N, Range 17E, Thence westerly to the southeast corner of Township 5N, Range 15E, Thence northerly to the intersection of the county line with the easterly line of Township 5N, Range 15E, Thence southwesterly along the county line to the intersection of the northeasterly line of Stanislaus County, Thence southeasterly along said county line to the southernmost corner of Tuolumne County, Thence easterly along the county line to the point of beginning. AREA 2: Remainder of Tuolumne County. IRON0001U 07/01/2002 Rates Fringes ALAMEDA, C'AT,AVERAs, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES: IRONWORKERS: Fence erector 25.97 15.29 Ornamental, reinforcing and structural 26.86 15.29 FOOTNOTE: CITY OF SAN FRANCISCO defined as the city limits of San Francisco (as described by the San Francisco County Recorder's Office as of July 1, 1998), the Golden Gate Bridge in its entirety, and the west side of the San Francisco Bay Bridge up to and including Treasure Island): zone fee: $10.00 per day. IRON0001V 07/01/2002 MONTEREY COUNTY: IRONWORKERS: Fence erector Ornamental, reinforcing and structural Rates Fringes 25.97 26.86 15.29 15.29 FOOTNOTE: Work at the Army Defense Language Institute, and the Naval Post Graduate School additional $2.00 per hour. LAB00036A 07/01/2001 Rates Fringes SAN FRANCISCO AND SAN MATEO COUNTIES: BRICK TENDER 23.32 9.61 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. LAB00036B 07/01/2001 Rates Fringes SAN FRANCISCO AND SAN MATEO. COUNTIES: http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 19 of 35 PLASTERER TENDER 23.32 9.69 FOOTNOTES: Work on a suspended scaffold: $5.00 per day additional. Work operating a plaster mixer pump gun: 41.00 per hour additional. LAB00067B 12/01/2001 ALAMEDA, rATAVERAS, CONTRA MARIPOSA, MERCED, MONTEREY, SAN FRANCISCO, SAN JOAQUIN, COUNTIES: ASBESTOS REMOVAL LABORER Rates - Fringes COSTA, FRESNO, RINGS, MADERA, SAN BENITO, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE 10.30 2.11 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; fabrication of temporary wooden barriers; and assembly of decontamination stations. LA300067H 06/24/2002 Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: LABORERS: Construction specialist group Group 1 Group 1-a GROUP 1-b: see note below GROUP 1-c GROUP 1-d: see note below GROUP 1-e GROUP 1-f GROUP 1-g (Contra Costa County). GROUP 2 GROUP 3 GROUP 4 23.34 22.64 22.86 22.69 23.19 21.22 21.36 21.49 21.39 15.08 See groups 1-b and 1-d under laborer classifications. GUNITE GROUP GROUP GROUP GROUP LABORERS: 1 2 3 4 WRECKING WORK: GROUP 1 GROUP 2 GROUP 3 GARDENERS, HORTICULTURAL New construction Establishment warranty 23.60 23.10 22.51 22.39 22.64 22.49 16.08 9.08 9.08 9.08 9.08. 9.08 9.08 8.08 9.08 9.08 9.08 9.08 9.08 9.08 9.08 9.08 9.08 9.08 AND LANDSCAPE LABORERS: 22.39 9.08 period 16.08 9.08 rAr,AVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SANTA CRUZ, SAN JOAQUIN,-STANISLAUS AND TUOLUMNE COUNTIES: http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 20 ot 35 LABORERS: Construction specialist group Group 1 Group 1-a GROUP 1-b: see note below GROUP 1-c GROUP 1-d: see note below GROUP 1-e GROUP 1-f GROUP 2 GROUP 3 GROUP 4 22.34 21.64 21.86 21.69 22.19 21.22 21.49 21.39 15.08 See groups 1-b and 1-d under laborer classifications. GUNITE LABORERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 WRECKING WORK: GROUP 1 GROUP 2 GROUP 3 23.60 23.10 22.51 22.39 22.64 22.49 16.08 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 GARDENERS, HORTICULTURAL AND LANDSCAPE LABORERS: New construction 21.39 8.13 Establishment warranty period 15.08 8.13 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Masonry and plasterer tender; 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 GROUP 1: Asphalt spreader boxes (all types); Berko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, 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 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 21 of 35 andsimilartype; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; 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 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, alltypes 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; High 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 regularrate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level inopen cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. 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 of the footing from the date of inception. 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; Pence http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 22 of 35 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: All 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 WORK 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, loadingand burning of debris) LABO0067N 06/30/2002 TUNNEL AND SHAFT LABORERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 Rates Fringes 27.00 26.77 26.52 26.25 26.07 25.53 9.08 9.08 9.08 9.08 9.08 9.08 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Ground person; Gunite and shotcrete nozzle operator GROUP 2: Rod person; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powder person - heading; Cherry picker operator - where car is lifted; Concrete finisher in tunnel; Concrete screed person; Grout pump operator and pot person; Gunite & shotcrete gun person & pot person; Header person; High pressure nozzle operator; Miner - tunnel, including top and bottom person on shaft and raise work; Nipper; Nozzle operator on slick line; Sandblaster - pot person GROUP 4: Steel form raiser and setter; Timber person, retimber person (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powder person - primer house http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02' WAIS Document Retrieval Page 23 0 35 GROUP 5: Vibrator operator, pavement breaker; Bull gang - muckers, track person; Concrete crew - includes rodding and spreading GROUP 6: Dump person (any method); Grout crew;_Rebound person; Swamper LAB00073C 07/01/2001 . Rates Fringes rzrAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS-AND TUOLUMNE COUNTIES: BRICK TENDER 23.34 5.36 LAB00073E CAT,AVERAS, STANISLAUS 01/01/2001 Rates Fringes FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, AND TUOLUMNE COUNTIES: PLASTERER TENDER 21.10 8:25 LABO0166A 07/01/1999 ALAMEDA AND CONTRA COSTA COUNTIES: BRICK TENDER Rates Fringes 20.90 10.26 FOOTNOTES: Work on jobs where heat -protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional. LABO0166B 07/01/1999 ALAMEDA AND CONTRA COSTA COUNTIES: PLASTERER TENDERS: Plasterer tender Gun operator Rates 23.25 24.00 Fringes 10.16 10.16 LABO0185A 07/01/2001 MONTEREY AND SAN BENITO COUNTIES: BRICK TENDER Rates 23.24 Fringes 5.36 LABO0270A 07/01/2001 SANTA CLARA COUNTY: BRICK TENDER 24.05 FOOTNOTE: $2.00 per hour for refactory work where heat -protective clothing is required. ABTA CRUZ COUNTY: BRICK TENDER 23.05 Rates Fringes 6.15 6.15 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/ /02 WAIS Document Retrieval Page 24 0 35 LABO0270E 07/01/2000 Rates Fringes SAN BENITO, SANTA CLARA AND SANTA CRUZ COUNTIES: All wood framed buildings four (4) stories or less and excludes steel structures, structures with metal studs PIASTER TENDER. All wood framed buildings five (5) stories or more includes all steel structures and all structures with metal studs PLASTER TENDER 22.68 6.85 24.60 6.75 LAB00294A 07/01/2001 FRESNO, KINGS AND MADERA COUNTIES: BRICK TENDER Rates 23.64 Fringes 5.36 LAB00297A 09/01/1998 MONTEREY AND SAN BENITO COUNTIES: PLASTERER TENDER Rates Fringes 15.95 FOOTNOTE: Mixer person: $4.00 per day additional. PAIN0016A 07/01/2002 ALAMEDA AND CONTRA COSTA: Rates Fringes PAINTERS: Work on industrial buildings (used for the manufacture and processing of goods for sale or service); Also, steel construction (bridges), stacks, towers, tanks and similar structures): Brush and Roller 30.27 9.95 Working over 50 feet 32.27 9.95 100 to 180 feet 34.27 9.95 over 180 feet 36.27. 9.95 Spray and Sandblast 30.77 9.95 Working over 50 feet 32.77 9.95 100 to 180 feet 34.77 9.95 over 180 feet 36.77 9.95 Application of Exotic materials 31.02 9.95 Working over 50 feet 33.02 9.95 100 to 180 feet 35.02 9.95 over 180 feet 37.02 9.92 All Other Work: Brush and Roller 'Working over 50 feet 100 to 180 feet over 180 feet 30.02 9.95 32.02 9.95 34.02 9.95 36.02 9.95 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 25 o 35 Application of Exotic materials 30.77 Working over 50 feet 32.77 100 to 180 feet 34.77 9.95 over 180 feet - 36.77 9.95 9.95 9.95 PAIN0016C 08/01/2002 Rates Fringes raT,AVERAS, MARIPOSA, MERCED, MONTEREY,. SAN BENITO SAN JOAQUIN, SANTA CRUZ, STANISLAUS, TUOLUMNE COUNTIES: DRYWALL FINISHER/TAPER 30.78 9.26 ALAMEDA, CONTRA COSTA, SAN. FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: DRYWALL FINISHER/TAPER 33.43 10.88 PAIN0016H 07/01/2001 Rates Fringes FRESNO, KINGS AND MADERA COUNTIES: DRYWALL TAPER 21.83 5.98 PAINTER 20.58 5.98 FOOTNOTES: Paperhangers, and work over 30 feet (does not include work from a lift): $0.50 per hour additional. Spray painters and sandblasters: $0.75 per hour additional. Lead paint abaters: $0.75 per hour additional. PAIN0016K 01/01/1999 FRESNO, KINGS; MADERA AND COUNTIES: SOFT FLOOR LAYER Rates Fringes 18.63 4.09 PAIN0016N 07/01/2001 Rates Fringes MONTEREY, SAN BENITO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: PAINTER: 28.55 8.62 PAIN0016Q 03/01/1999 Rates Fringes fAT,AVERAS AND SAN JOAQUIN COUNTIES: PAINTERS: Brush 18.05 7.23 Sandblaster; Waterblaster; Steam cleaning 19.05 7.23 Work with coal tar and exotic materials 19.80 7.23 PAIN0016S 11/01/2001 Rates Fringes MARIPOSA, MERCED, STANISLAUS, AND TOULUMNE COUNTIES: PAINTER: Brush 20.41 Paperhanger; Spray & Sandblast 21.41 Hazardous coating, application 7.82 7.82 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 26 of 35 and removal 22.16 7.82 PAIN0016Y 07/01/2001 Rates Fringes SAN FRANCISCO COUNTY: PAINTER 29.56 8.20 PAIN0169A 07/01/2001 Rates Fringes FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES: GLAZIER 24.75 8.52 * PAIN0169E 07/01/2002 Rates Fringes ALAMEDA AND CONTRA COSTA COUNTIES: GLAZIER 32.33 10.09 PAIN0169I 07/01/2000 ALAMEDA AND CONTRA COSTA: SHOWER DOOR INSTALLER Rates Fringes 23.57. 4.60 PAID HOLIDAYS: New Year's Day, President's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. CA020029 - 1 * PAIN0718B 07/01/2002 SAN FRANCISCO AND SAN MATEO COUNTIES: GIA7IER Rates 30.90 Fringes PAIN0767A 07/01/2001 Rates Fringes CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: GLAZIER 27.93 8.41 PAID HOLIDAYS: New Year's Day, Washington's Birthday, Memorial Day, Fourth July, Labor Day, Thanksgiving Day, Day after Thanksgiving Day, and Christmas Day. FOOTNOTE: Work thirty (30) feet or over free fall: $0.60 per hour additional. PAIN1176A 06/26/2000 Rates PARK/NG LOT STRIPING/HIGHWAY MARKING: GROUP 1 22.84 GROUP 2 22.45 GROUP 3 19.51 GROUP 4 22.15 Service Person (maintenance and Fringes 6.91 6.91 6.91 6.91 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 27 o 35 repair of equipment) Parking Lot, Game Court and Playground Installer 13.33 5.87 19.51 - 6.91 PARKING LOT STRIPING / HIGHWAY MARKING CLASSIFICATIONS GROUP 1: STRIPER: Layout and application of painted traffic stripes and marking; hot thermo plastic; tape traffic stripes and markings GROUP 2: TRAFFIC DELINEATING DEVICE APPLICATOR: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices; includes all related surface preparation (sandblasting, waterblasting, grinding) as part of the application process GROUP 3: TRAFFIC SURFACE ABRASIVE BLASTER: Removal.of traffic lines and markings; preparation of surface for coatings and traffic control devices GROUP 4: TRAFFIC PROTECTIVE DELINEATING SYSTEMS INSTALLER: Removes, relocates, installs permanently affixed roadside and parking delineation barricades, fencing, guard rail, cable anchor, retaining walls, reference signs, and monument markers PAIN1237C 06/01/2001 Rates Fringes rAT.AVERAS; SAN JOAQUIN COUNTIES; STANISLAUS AND TUOLUMNE COUNTIES: SOFT FLOOR LAYER 25.00 7.17 • * PAIN1600D 09/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA, MERCED, MARIPOSA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: SOFT FLOOR LAYER 33.85 9.93 * PAIN1621A 07/01/2002 Rates Fringes MONTEREY, SAN BENITO, SANTA CLARA AND SANTA CRUZ COUNTIES: GLAZIER 32.36 10.11 PLAS0001D 07/01/2001 CEMENT MASON Rates Fringes 27.18 7.58 PLAS0066B 07/01/2001 Rates Fringes ALAMEDA, CONTRA COSTA, SAN MATEO AND SAN FRANCISCO COUNTIES: PLASTERER 28.76 11.40 PLAS0300A 07/01/2002 Rates Fringes FRESNO, KINGS AND MADERA COUNTIES: PLASTERER - 23.53 8.95 SAN BENITO, SANTA CLARA AND SANTA http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 28 of 35 CRUZ COUNTIES: PLASTERER 28.67 rAT,AVERAS AND SAN JOAQUIN COUNTIES: PLASTERER 26.34 MONTEREY COUNTY: PLASTERER 25.06 8.98 9.48 9.48 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES: PLASTERER 26.35 9.48 * PLUM0036A 07/01/2002 Rates Fringes CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: PLUMBER &.STEAMFITTER 29.29 11.09 FRENSO, KINGS AND MADERA COUNTIES: PLUMBER & STEAMFITTER 28.79 11.09 PLUM0036E 01/01/2000 FRESNO COUNTY: BUILDING CONSTRUCTION ONLY PIPE TRADESMAN Rates Fringes 11.50 4.70 SCOPE OF WORK Installation of corrugated metal piping for drainage, as well as installation of corrugated metal piping for culverts in connection with storm sewers and 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 of shrubbery, trees and ground cover, including watering, mowing, edging., pruning and fertilizing, the breaking of concrete, digging, backfilling and tamping for the preparation. andcompletion of all work in connection with lawn sprinkler and landscaping; Loading, unloading and distributing materials at jobsite; Putting away materials iii 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; Flag person PLUM0036I 01/01/2000 MERCED COUNTY: PIPE TRADES PERSON: Building construction only Rates 11.50 Fringes 4.70 SCOPE OF WORK: Installation of corrugated metal piping for drainage, as well as installation of corrugated metal piping for culverts in connection with storm sewers and drains; Grouting, dry packing and diapering of joints, holes or chases including paving over http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 29 or 35 joints, in piping; Temporary piping tor 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 of shrubbery, 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; Flag person * PLUM0036U 07/01/2002 MONTEREY AND SANTA CRUZ COUNTIES: PLUMBER & STEAMFITTER Rates 31.59 Fringes 11.09 PLUM0038A 07/01/2000 SAN FRANCISCO COUNTY: PLUMBERS: Work on wooden frame structures 5 stories or less excluding high-rise buildings and commercial work such as hospitals, prisons, hotels and schools All other work LANDSCAPE/IRRIGATION FITTER Rates Fringes 28.50 39.00 17.35 21.55 27.32 10.15 PLUM0159A 07/01/2002 CONTRA COSTA COUNTY: Construction of motels under 4 stories PLUMBERS & STEAMFITTERS All other work PLUMBERS & STEAMFITTERS Rates Fringes 27.41 9.64 35.21 14.34 PLUM0342A 07/01/2001 ALAMEDA COUNTY PLUMBERS, PIPEFITTERS AND STEAMFITTER Rates Fringes 35.76 13:44 PLUM0355D 07/01/2002 Rates Fringes ALAMEDA, C'AT.AVERAS, CONTRA COSTA, FRESNO, KINGS; MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO-, SAN JOAQUIN, SAN MATEO, http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 30 0 35 SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE COUNTIES: UNDERGROUND UTILITY WORKER 23.75 5.05 PLUM0355G 07/01/2002 Rates 'Fringes ALPINE, AMADOR, BUTTE, COLUSA, EL DORADO, GLENN, LASSEN, MODOC, NAPA, NEVADA, PLACER, PLUMAS, SACRAMENTO, SHASTA, SIERRA, SISKIYOU, SOLANO, SUTTER, TEHAMA, TRINITY, YOLO, AND YUBA COUNTIES LANDSCAPE FITTER 23.75 5.05 PLUM0393A 07/01/2001 SAN BENITO AND SANTA CLARA COUNTIES: PLUMBER & PIPEFITTER: Work on motels and hotels which do not exceed 4 stories in height, excluding garages and parking areas All other work Rates Fringes 20.64 5.30 41.80 10.78 PLUM0467A 07/01/2002 SAN MATEO COUNTY: PLUMBER, PIPEFITTER, & STEAMFITTER REFRIGERATION &.AIR CONDITIONING ALL OTHER WORK Rates Fringes 40.65 12.12 39.40 11.81 ROOF0027C 07/01/2002 FRESNO, KINGS, AND MADERA COUNTIES: ROOFER Rates 21.60 FOOTNOTE: Work with pitch, pitch base of pitch impregnated products or any material containing coal tar pitch, on any building old or new, where both asphalt and pitchers are used in the application of a built-up roof or tear off: $2.00 per hour additional. Fringes 7.15 ROOF0040B 08/01/2001 SAN FRANCISCO & SAN MATEO COUNTIES: ROOFER Rates Fringes 22.87 11.27 ROOF0081A 08/01/2000 ALAMEDA AND CONTRA COSTA COUNTIES: ROOFER Rates 22.80 Fringes 9.85 ROOF0081E 08/01/2001 Rates . Fringes CAT,AVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 31 of 35 TUOLUMNE COUNTIES: ROOFER 19.8 6.15 ROOF0095B 08/01/1996 Rates Fringes MONTEREY, SAN BENITO, SANTA CLARA,AND SANTA CRUZ COUNTIES: ROOFERS: Kettle person (2 kettles); Bitumastic, enameler, coal tar, pitch and mastic worker All other work 26.07 6.75 24.07 6.75 SFCA0483A 08/01/2001 Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: SPRINKLER FITTER (FIRE) 36.59 11.20 SFCA0669K 04/01/2002 Rates Fringes rAT,AVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES: SPRINKLER FILLER (FIRE) 29.35 6.05 SHEE0104A 07/01/2002 ALAMEDA AND CONTRA COSTA COUNTIES: Work on projects with an HVAC contract price of $270,000 equipped with packaged units or a unitary system; Also, tenant completion work extending from an existing trunk line or an existing water or air loop to registers and/or diffusers; Also, remodel or add-on contracts on existing facilities providing the contract price is $165,000 or less; Also, architectural sheet metal contracts of $100,000 or less; Also, pre-engineered and pre -manufactured siding SHEET METAL WORKER ALL OTHER WORK: SHEET METAL WORKER Rates Fringes 31.71 13.47 37.40 13.47 SHEE0104B 07/01/2002 MONTEREY AND SAN BENITO COUNTIES: SHEET METAL WORKER Rates Fringes 31.41 10.19 SHEE0104D 07/01/2002 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 32 0 35 SAN MATEO COUNTY: Work with an HVAC contract price of $270,000 equipped with packaged units or a unitary system; Also, tenant completion work extending from an existing trunk line or air loop to registers and/or diffusers; Also, remodel or add-on contracts on existing facilities providing the contract price is $165,000 or less; Also, architectural sheet metal contracts of $100,000 or less; Also, pre-engineered and pre -manufactured siding SHEET METAL WORKER ALL OTHER WORK SHEET METAL WORKER Rates Fringes 35.10 11.13 38.55 12.12 SHEE0104E 07/01/2002 SAN FRANCISCO COUNTY: Work with an HVAC contract price of $80,000 or less; Also, tenant completion work providing the contract price is $80,000 or less; Also, remodel or add-on contracts on existing facilities providing the contract price is $50,000 or less; Also, architectural sheet metal contracts of $100,000 or less; Also, pre-engineered and pre -manufactured siding SHEET METAL WORKER ALL OTHER WORK: SHEET METAL WORKER Rates Fringes 37.09 11.87 37.86 13.00 SHEE0104G 07/01/2002 SANTA CRUZ COUNTY: SHEET METAL WORKER Rates Fringes 32.95 9.91 SHEE0104H 07/01/2002 Rates Fringes SANTA CLARA COUNTY: Work with an HVAC contract price of $270,000 equipped with packaged units or a unitary system; Also, tenant completion work extending from an existing trunk line or air loop to registers and/or diffusers; Also, remodel or add-on contracts on existing facilities providing the contract price is http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/ /02 WAIS Document Retrieval Page 33 0 35 $165,000 or less; Also, architectural sheet metal contracts of $100,000 or less; Also pre-engineered and pre -manufactured siding' SHEETMETAL WORKER ALL OTHER WORK SHEET METAL WORKER 36.54 10.77 38.75 12.61 SHEE01040 07/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA; MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: Metal decking and siding only: SHEETMETAL WORKER 28.17 13.59 SHEE0162A 07/01/2002 rai,AVERAS AND SAN JOAQUIN COUNTIES: SHEET METAL WORKER Rates Fringes 26.97 10.63 SHEE0162C 07/01/2002 Rates MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES: SHEET METAL WORKER (excluding metal deck and siding) Fringes 28.18 11.93 SHEE0162D 06/01/2002 FRESNO, KINGS, AND MADERA COUNTIES: SHEET METALWORKER Rates 28.52 Fringes 12.46 SHEE0162M 07/01/1999 Rates Fringes raTAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: • Metal decking and siding only: SHEET METAL WORKER 29.42 9.52 TEAM0094A 07/01/2002 TRUCK DRIVERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 Rates Fringes - 23.02 23.32 23.62 23.97 24.32 12.55 12.55 12.55 12.55 12.55 FOOTNOTES: Articulated dump truck; Bulk cement spreader (with or without auger); Dumperete truck; Skid truck (debris box); Dry 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 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 34 of 35 appropriate rate tor 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.; Vacuum trucks,. under 7,500 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, 7,500 gals. and over; 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; Truck 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); 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 GROUP 5: Dump trucks, 65 yds. and over; Holland hauler WELDERS - Receive rate prescribedfor 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 (29 CFR 5.5(a) (1) (ii)) . In the listing above, the "SU" designation means that rates listed under that 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 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 35 0 35 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, D. C. 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, D. C. 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, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 I I I I I i 'I. I I I I CONTRACT BOOK EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO. 09-90-51.37 CITY OF SAN MATEO, CALIFORNIA CITY COUNCIL AWARD CONTRACT DRAWINGS NO. 2-20-27 (3 sheets) TIME OF COMPLETION: 30 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 CERTIFICATE OF NON-DISCRIMINATION CERTIFICATE OF PAYMENT OF PREVAILING WAGE SCALE CERTIFICATION OF REQUIREMENT TO PAY WORKERS' COMPENSATION EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Q:\pw\P W ENG\A_CON7RS\2002\E.3rdffi4thlnlrcnt\Contred.doc 1 I SPECIAL PROVISIONS r I I I I 1 I 1 I I Sections: 1 Specifications and Plans 1-1.01 General 1-1.02 Defmition and Terms 1-1.03 Plans and Specifications 2 Proposal Requirements, Conditions and Non -Discrimination Guidelines 2-1.01 General 2-1.OIA Federal Lobbying Restrictions 2-1.02A Examination of 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 Certification of Non -Discrimination 2-2.01 Disadvantaged Business Enterprise (DBE) 2-2.02 DBE Goal For This Project 3 Submission of DBE Information and Award and Execution of Contract 3.1.01 General 3-1.01A 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 4-1.02A Beginning of Work 4-1.03 Construction or Fabrication and Delivery Schedule (CPM) 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 Construction Area Traffic Control 4-1.09A Traffic and Access 4-2 Acceptance of Contract 4-2.01 Substantial Completion of Work 4-2.02 Engineer's Acceptance of Contract 5 General 5-1 Miscellaneous 5-1.01 Prevailing Wage and Weekly Certified Payroll Submission 5-1.02 Hours of Labor 5-1.03 Labor Nondiscrimination 5-1.04 Removal of Asbestos and Hazardous Substances 5-1.05 San Mateo Business License Guidelines 5-1.06 Notice of Potential Claim 5-1.07 Attorney Fees 5-1.08 Payment Q 1pw1PWENGW_CONTRS\2002\E.3rd&4lhlntrcnt\Contract.doc I I I I I I I I I I I I I I I I 5-1.08A General 5-1.08B Ten Percent (10%) Retention 5-1.08C Partial Payments 5-1.08D Final Payment and Claims 5-1.08E Prompt Progress Payment to Subcontractors 5-1.08F Prompt Payment of Withheld Funds to Subcontractors 5-1.09 Mediation 5-1.10 Arbitration 5-1.11 Mobilization 5-1:12 Subcontractors and DBE Records 5-1.13 DBE Certification Status 5-1.14 Performance of DBE Subcontractors and Suppliers 5-1:15 Subcontracting 5-2 Control of Work 5-2.01 Surveying 5-2.02 Measurement of Quantities 5-2.03 Cooperation and Collateral Work 5-2.04 Protection and Restoration of Existing Improvements 5-2.05 Submittals and Partial List of Submittals 5-2.06 Substitutions 6 BLANK 7 Water Pollution 7-1.01 Water Pollution 8 Materials 8-1.01 Buy America Requirements 8-2.01 Portland Cement Concrete 9 9-1.01 Description of Work Description of Work 10 Construction Details 10-1 General 10-1.1 Access to Work Area 10-1.2 Progress Schedule 10-1.3 Obstructions 10-1.4 Construction Area Signs 10-1.5 Existing Highway Facilities 10-3 Signals and Electrical Systems 10-3.01 Description 10-3.02 Maintaining Existing and Temporary Electrical Systems 10-3.03 Cost Breakdown 10-3.04 Conduit 10-3.05 Pull Boxes 10-3.06 Conductors and Wiring 10-3.07 Detectors 10-3.08 Technical Support 10-3.09 Payment 11 Blank 12 Blank 13 Blank I Q:\pw\P W ENG W _CONTRS\2002\E.3 rd&41h[ntrcnt\Contract.doc 3 I I I 1 I t I I I I I I I i i APPENDIX I APPENDIX II APPENDIX III AGREEMENT FOR PUBLIC IMPROVEMENT Section 14, Federal Requirements for Federal -Aid Construction Project. Federal Minimum Wage Rates Q:\pw\PWENGIA_CONTRS\2002\E.3rd&4thIn7cnt\Contract.doc 4 I 1 I I I 1 I I I 1' I I ■ I I ii I NOTICE INVITING SEALED PROPOSALS EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT FEDERAL AID PROJECT NO. 5102 (023) CITY PROJECT NO. -09-90-51.37 CITY OF SAN MATEO, CALIFORNIA 1. Sealed bids will be received by the City Council of the City of San Mateo, California, for EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT and other work as shown on the Contract Drawings No. 2-20-27 and as described in this Contract Book and the State of California, Department of Transportation Standard Specifications and Standard Plans dated July 1992. The work described requires that the bidder be licensed by the State of California as a Class A Contractor or a Class C-10 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 $20.00 per set is required if picked up or $25.00 for each set if mailed. Any questions regarding the contract documents should be directed to Andrew Wong at 650/522-7306, or in writing at the above address. 3. The estimated construction cost of this project is approximately $ 90,000.00. 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 shall 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 30 (thirty) working days, beginning from the date specified in the Notice to Proceed. 9. This project has a goal of 4.5 percent (minimum) disadvantaged business enterprise (DBE) participation. 10. The City will ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded MI opportunity to submit bids in response to this invitation. 11. 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. Q:1pw\P W ENG W _CONTR St2002\E.3rd&4th[ntrc nt\Contract.doc 5 I I 1 I I I I I I I 1 I 1 I I 12. 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. 13. 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, 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 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 available from the Office of the City Clerk of the City of San Mateo at 330 West 20th Avenue, San Mateo, CA during normal business hours. Addenda noticing modifications to 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 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 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 operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. Q:\pw\PSVENG1A_CONTRS\2002T.3rdMthIntiontkContrazt.doc 6 I I I I I I I I 1 p 1 I I 14. 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., September 17, 2002, and they shall be opened and read by a City Representative at said date and time at a public meeting called by him. 15. 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. 16. To ensure performance, City reserves the right to retain ten percent (10%) of the contract price for 35 days after the Notice of Completion is recorded. However, pursuant to the Public Contracts Code Section 22300, the Contractor may substitute securities for said ten percent (10%) retention or request that the City make payments of retention earned directly to an escrow agent at the Contractor's expense. The provisions of the Public Contracts Code Section 22300 are hereby expressly made a part of the contract. Dated: August 24, 2002 /s/Sue Lempert; MAYOR Q:\pw\P WENG\A_CONTRS\2002\E:3rd&4thrntrcnt\Contract.doc 7 I I I I t I I 1 I I I I 1 1 PROPOSAL FORM (Entire proposal to be submitted as sealed bid.) EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO.09-90-51.37 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 1992. 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 any addenda thereto, the contract annexed hereto, and also in conformance with the California Department of Transportation Standard Plans, dated July, 1992, the Standard Specifications, dated July, 1992, 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 Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items. Q:1pw'PWENGlACONTRS120021E.3rd&4 hlntmntkContractdoc' 8 I 1 I I I I t 1 I I I I I 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 percentage -wise 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 therefore the following prices, to wit: Q:\pw\PWENGW_CONTRS\20021E.3rd&4thlntrcnt\Contract.doc 9 SCHEDULE OF BID ITEMS (To be submitted with Proposal Form) EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT I I I I I I I t 1 I I I a I I FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO. 09-90-51.37 No. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE 1 Install New 2" Conduit 1,700 LF $ $ 2 Install New Interconnect Cable 3,050 LF $ $ 3 Install New Pull Box 8 EA $ $ 4 Connect Interconnect to Traffic Controller Inside Controller Box 5 EA $ $ 5 Traffic control system I LS $ $ 6 Construction staking 1 LS $ $ 7 Traffic Detector Loops and DLC 8 EA $ $ 8 Mobilization 1 LS $ $ TOTAL BID $ i Q:\pw\P WENG\A_CONTRS\2002\E3rd&4thlntrcnt\Contrad.doc 10 1 l I 1 r I I 1 I I I I 1 SUBCONTRACTING REQUIREMENTS AND LIST OF SUBCONTRACTORS (To be submitted with Proposal Form) EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO. 09-90-51.37 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 SUBCON CRACTING in Section 5-1.15 of the Special Provisions) 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 by the second Friday after the bid opening: Bidder DBE Information. The two listings must be consistent when the subcontracting amount meets the appropriate dollar amount thresholds. NAME ADDRESS SPECIFIC WORK DOLLAR AMOUNT $ $ $ $ $ I Q:\pw\PWENO\A CONTRS\20021E.3rdffi4thIntrcnt\Contract.doc 11 I a I I I I I a I I 1 I I 1 I I I NAME ADDRESS SPECIFIC WORK DOLLAR AMOUNT $ $ $ $ $ $ $ $ $ Contractor's Signature 1 Q:\pw\PWENG\A_CONTRS12002\E.3rd&4thlntrcnt\Contract.doc 12 1 I I t 1 I 1 I r I I I I I 1 I BIDDER'S STATEMENT Page 1 of 3 (To be submitted with Proposal Form) EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO. 09-90-51.37 The undersigned has carefully read the STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Standard Specifications, 1992 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 No. , 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. Q:\pw\PWENG\A CONTRS\2002\E.3rd@4thlnlrcnt\Contrect.doc 13 BIDDER'S STATEMENT (cont.) Page 2 of 3 (To be submitted with Proposal Form) EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO. 90-51.37 If the unit price and the total amount named by a bidder for any item do not agree, it will be assumed that the error was made in computing the total amount and the unit price alone will be considered as representing the bidder's intention. Unit prices bid must not be unbalanced. The undersigned has checked carefully all the figures listed in the Schedule of Bid 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. Q:\pw\PW ENG\A_CONTRS\2002\E.3rd&4thlni cnl\Contrect.doc 14 I I I I I I I I 1 I I i p 1 I I I BIDDER'S STATEMENT (cont.) Page 3 of 3 (To be submitted with Proposal Form) EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO.90-51.37 SIGNATURES FOR BIDDER: If INDIVIDUAL, sign below: Signature Date Print name Post Office Address If PARTNERSHIP, sign below (show names of non -signing partners): Signature Date Name of Partner Post Office Address Signature Date Name of Partner Post Office Address (if different) If CORPORATION; sign below (show names of non -signing officers): a CORPORATION Name of State Where Chartered Signature Date Print name of person signing bid Title List names of the following officers: PRESIDENT SECRETARY TREASURER Post Office Address City State Zip Business Street Address (please include even if P.O Box is used) Q:\pw\PWENG\A_CON1RS\2002\E.3rd8c4thlnlrcntlCantract doc 15 I r 1 I I I I I I I I I 1 I I 1 I GUARANTY (To be submitted with Proposal Form) EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO.90-51.37 To the City of San Mateo: FOR EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT The undersigned guarantees the construction and installation of the following work included in this project: Work as shown on the contract plans No. 2-20-27 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 six 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 within 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:\pw\P WENG\A_CONTRS\2002\E.3rd&4thlnhcnt\Contract.doc 16 i 1 I I I 3 I I I I I I I I I I I PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT (To be submitted with Proposal Form) EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO. 90-51.37 In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), bidder hereby declares under penalty of perjury that the bidder: ❑ has ❑ has not 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 thatmaking a false certification may subject the certifier to criminal prosecution. Q:\pw\P W ENG\A_CONTR S\2002\E.3 rd&4lhinnc nt\Contract.doc 17 I 1 I I I I I I I r 1 I I I i r PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE (To be submitted with Proposal Form) EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT FEDERAL -AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO. 09-90-51.37 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 any employee 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? ❑ Yes ❑ No If the answer is yes, explain the circumstances in the following space: Q:\pw\P W ENGU_CONTRS\2002\E.3rd&4thInncnt\ContrmLdoc 18 I I 1 I I I I I I 1 1 1 I 1 1 PUBLIC CONTRACT CODE SECTION 10232 STATEMENT (To be submitted with Proposal Form) EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO.90-51.37 In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final, un-appealable 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. Q:1Pw\P W ENG\A_CONTRS\20021E.3rd &AthIntrcnt\Contract. doe 19 NON -COLLUSION AFFIDAVIT TITLE 23, UNITED STATES CODE, SECTION 112 (To be submitted with Proposal Form) EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT I I i I s I r I I 1 1 I I I I FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO. 90-51.37 In accordance with Title 23, United States Code, Section 112 and Public Contract 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 and Non -Collusion Affidavit. Bidders are cautioned that making false certification may subject the certifier to criminal prosecution. Q1pwW W ENG\A_CONTRS\2002\E.3rd&4thlntrcnt\Contract.doc 20 1 I 1 I I 1 I 1 r I 1 I I1 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 (To be submitted with Proposal Form) EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO. 90-51.37 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:\pwWWENG1A_CONTRS12002W.3rdSt4thIntrant1Contract.dac 21 11 I i I 1 I I r I I I 1 1 NON -LOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS (To be submitted with Proposal Form) EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO. 09-90-51.37 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 theextension, 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 sub recipients shall certify and disclose accordingly. Q:\pw\PWENG\A_CONTRS\2002E.3rdeathIntraut\Contract.doe 22 DISCLOSURE OF LOBBYING ACTIVITIES 1 1 I I 1 I 1 1 I I 1 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: 0 a. Bid/offer/application 0 b. Initial award 0 c. Post -award 3. Report type: 0 a. Initial 0 b. Material change For material change only: Year Quarter Date of last report P 4. Name and address of reporting ❑ Prime 0 Subawardee Tier Congressional District, if known: entity: , //known 5. If reporting entity in #4 is Subawardee, enter name and address of prime: 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 #l0a) (last name, first name, MI): (attach Continuation Sheet(s), if necessary) 11. Amount of payment (check all that apply): $ 0 Actual 0 Planned 13. Type of payment (check all that apply): 0 a. Retainer 0 b. One-time fee 0 c. Commission 0 d. Contingent fee ❑ e. Deferred 0 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: 0 Yes 0 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 1 Q:\pw\PW ENGU_CON7RS\2002\E.3rd&4thlntrcnt\Contract.doc 23 I r I I I 1 I I I i INSTRUCTIONS FOR COMPLETION OF STANDARD FORM 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 1). 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 and related 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. 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 Q:\pw1PWENG\A_CONTRS120021E.3rd&4thlntrcnt\Contract.dac 24 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. I I I 1 I Q:1pwPWENGIA_CONTRS\20021E.3rd&AthIntronfContmact.doc 25 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 LOCAL AGENCY BIDDER - DBE INFORMATION This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in Section 3-1.OIA of the Special Provisions. Failure to submit the required DBE information will be grounds for finding the proposal nonresponsive. CO. -RTE: K.P.: CONTRACT NO.: BID AMOUNT: $ BID OPENING DATE: BIDDER'S NAME: BIDDER'S ADDRESS: DBE GOAL FROM CONTRACT: DBE PRIME CONTRACTOR CERTIFICATION 1: CONTRACT ITEM NO. ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR MATERIALS TO BE PROVIDED 2 DBE CERT. NO. NAME OF DBEs (Must be certified on the date bids are opened - include DBE address and phone number) DOLLAR AMOUNT DBE 3 IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Copies of the DBE quotes are required. 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 your bid pursuant to the Subcontractors Listing Law and Section 2-1.01, "General," of the Special Provisions. 1. DBE prime contractors shall enter their DBE certification number. DBE 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 2-2.01, "Disadvantaged Business Enterprise," to determine the credit allowed for DBE firms. Total Claimed Participation $ % Signature of Bidder Date (Area Code) Tel. No. Person to Contact (Please Type or Print) 1 Q:\pw\P WENG\A_CONTRS\20021E.3rd&4thlntrcnt\Contract.doc 26 DBE INFORMATION - GOOD FAITH EFFORTS I I I 1 I I I I I I I 1 I The City of San Mateo established a Disadvantaged Business Enterprise (DBE) goal of 4.5% for this project. The information provided herein shows that adequate good faith efforts were made. A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of Date of Inital Follow Up DBEs Solicitation Methods and Solicited Dates C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Breakdown of Items D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, and the firms selected for that work (please attach copies of quotes from the firms involved): Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Q: \pw\P W ENG W _CONTRS\2002\E.3rd& 41 h Inircnt\Contract.doc 27 1 r 1 1 I 1 1 1 1 1 1 I 1 i 1 1 1 Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.). Name of Method/Date Results Agency/Organization of Contact H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): Q:\pwW W ENG1A_CONTRS\2002W.3rd&4thl ntrcntlContraa.doc 28 1 1 1 I I I 1 I CERTIFICATION OF NON-DISCRIMINATION (To be submitted with Proposal Form) EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO. 09-90-51.37 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 national origin; 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: (Print Name and Title of person making certification) Date Q:\pw\P WENG\A_CONTRS\2002\E.3rd&4th!Mrcnt\Connact.doc 29 1 11 1 1 I r 1 CERTIFICATION OF PAYMENT OF PREVAILING WAGE SCALE (To be submitted with Proposal Form) EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO.90-51.37 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. 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 the actual scale then in force. The Federal minimum wage rates for this project are as predetermined by the United States Secretary of Labor. The undersigned understands that weekly -certified payrolls must be submitted for verification. BIDDER By: (Print Name and Title of person making certification) Date Questions shall be addressed to: Department of Labor Relations Division of Labor Statistics and Research Prevailing Wage Unit 45 Fremont Street, Suite 1160 P. O. Box 42063 San Francisco, CA 94142-0603 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:\pw W WENG1A_CONTRS\2002\E.3rd&4thlntrcnt\Contract.doc 30 t 1 I I 1 1 1 I 1 I 1 I 1 I CERTIFICATION OF REQUIREMENT TO PAY WORKERS' COMPENSATION (To be submitted with Proposal Form) EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO. 90-51.37 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: (Print Name and Title of person making certification) Date Q:\pw1PW ENG\A_CONTRS\2002\E.3rd&4thlntrcnt1Contract.doc 31 1 I I I I I I I L I I I I EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION (To be submitted with Proposal Form) EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO. 09-90-51.37 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. (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) Q:\pwWWENGU CONTRS\2002\E.3rd&4thInfrcnt\Conhact.doc 32 I Li I I I I A I I I I I I p1 I I SPECIAL PROVISIONS EAST THIRD AND FOURTH AVENUE SIGNAL. INTERCONNECT PROJECT FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO. 90-51.3 7 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 State of California Department of Transportation Standard Specifications, 1992 Edition (hereinafter referred to as the Standard Specifications); the State of California Department of Transportation Standard Plans, 1992 Edition; and according to these Special Provisions. The bidder's attention is directed to the provisions in Section 1, "Definitions and Terms," of the Standard Specifications and these Special Provisions for the requirements and conditions which must be observed in the preparation of the proposal form and the submission of a bid. 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. The Contractor shall, at all times during discussions with City staff or representatives, have in his/her possession a copy of this Contract Document and a complete copy of the Standard Specifications and Standard Plans referenced above. 1-1.02 DEFINTTIONS 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, Engineer 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:\pw1P WENG\A_CONTRS\2002\E.3rd&Athlntrcnt\Contract.doc 33 1 I V I I I I I I I I I I I I I State Highway Engineer. The Director of Public Works of the City of San Mateo, State of California. Standard Specifications. Means the 1992 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 All work shall be done in accordance with the Contract Drawings No. 2-20-27, titled: "EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT." If no standard plan is listed for a detail needed to complete the required work, City of San Mateo standard plans will be used. If there is no City of San Mateo standard plan that applies, State of California, Department of Transportation, Standard Plans, 1992 Edition, will be used. Q:\pw\PWENGW_CONTRS\2002\E.3rd&4thlntrcnt\Contract.doc 34 SECTION 2. PROPOSAL REOUIREMENTS, 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 must be observed in the preparation of the proposal form and the submission of a bid. In addition to the subcontractors required to be listed in conformance with Section 2-1.054, "Required Listing of Proposed Subcontractors,' of the Standard Specifications, each proposal shall have listed therein the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal. In conformance with Public Contract Code Section 7106, a Non -collusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Non -collusion 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 part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. 2-1.OlA FEDERAL LOBBYING RESTRICTIONS Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub recipient 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:1pw1PWENG\A_CONTRS120021E.3rd&4thlnttcnt\Contract.doc 35 I I L I I I I I I I I I I 2-1.02A 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 therefore. 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. 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. 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 full 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 demonstrated Q:\pw\P W ENG\A_CONTRS\2002\E.3rd&4thlntrent\Contrect.doc 36 I I l 1l I I I I I i I i I 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 CERTIFICATION 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. 2-2.01 DISADVANTAGED BUSINESS ENTERPRISE (DBE) This project is subject to Part 26, Title 49, Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprise in Department of Transportation Financial Assistance Programs". The Regulations in their entirety are incorporated herein by this reference. Bidders shall be fully informed regarding the requirements of the Regulations and the Department's Disadvantaged Business (DBE) program developed pursuant to the Regulations; particular attention is directed to the following matters: A. A DBE must be a small business concern as defined pursuant to Section 3 of US Small Business Act and relevant regulations promulgated pursuant thereto; B. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material of supplies, or as a trucking company; C. A DBE bidder, not bidding as a joint venture with a non -DBE, will be required to document one or a combination of the following: 1. The bidder will meet the goal by performing work with its own forces. 2. The bidder will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. 3. The Bidder, prior to bidding, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner must be responsible for specific contract items of work, or 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. The DBE joint venturer must submit the joint venture agreement with the proposal or the DBE information form required in the Section entitled "Submission of DBE information and Award and Execution of Contract" of these special provisions; E. 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; F. DBEs must be certified by either the California Department of Transportation, or by a participating agency, which certifies in conformance with Title 49, Code of Federal Regulations, Part 26, as of the date of bid opening. It is the Contractor's responsibility to verify that DBEs are certified. Listings of certified DBEs are available from the following sources: 1. The Department's DBE Directory, which is published quarterly. This Directory may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520; Q:\pwW WENG\A_CONTRS\20021E.3rd&4thlntrcnt\Contract.doc 37 I 1 I I I I. V I I I 2. The Department's Electronic Information Bulletin Board Service, which is accessible by modem and is updated weekly. The Bulletin Board may be accessed by first contacting the Department's Business Enterprise Program at Telephone: (916) 227-8937 and obtaining a user identification and password; 3. The Department's web site at http://www.dot.ca.gov/hq/bep/index.htm; G. Credit for trucking by DBEs will be as follows: I. If the materials or supplies are obtained from a DBE . manufacturer, 100 percent of the cost of the materials or supplies will count toward the DBE goal. 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, 60 percent of the cost of the materials or supplies will count toward the DBE goal. 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 G.2. if the person both owns and operates distribution equipment for 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 the paragraph G.2. 3. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to 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 a job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. H. Credit for DBE trucking companies will be 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, and there cannot be a contrived arrangement for the purpose of meeting the DBE goal; 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 it 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 of 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 H, 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. I. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this contract and may result in termination of the contract or other appropriate remedy for breach of this contract. J. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. Q:\pw\PWENG\A_CONTRS\2002\E.3rd&4thl nrcnt\Contraa.doc 38 r I I I t I I 1 1 t I I I l 1 r I I 2-2.02 DBE GOAL FOR THIS PROJECT The City of San Mateo has established the following goal for Disadvantaged Business Enterprise (DBE) participation for this project: Disadvantaged Business Enterprise (DBE): 4.5 percent It is the bidder's responsibility to make a sufficient portion of the work available to subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to assure meeting the goal for DBE participation. Caltrans has engaged the services of a contractor to provide supportive services to contractors and subcontractors to assist in obtaining DBE participation on federally funded construction projects. Bidders and potential subcontractors should check the Caltrans website at http://www.dot.ca.gov/hq/ben to verify the current availability of this service. Q:\pw\P WENG\A_CONTRS\2002\E.3rd&4thintrcnt\Contract.dac 39 I I I I I I a I I I I I I I I I I I SECTION 3. SUBMISSION OF DBE INFORMATION AND AWARD AND EXECUTION OF CONTRACT 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 submittal of DBE information and award and execution of contract. It is the bidder's responsibility to make enough work available to DBEs and to select those portions of the work or material needs consistent with the available DBEs to meet the goal for DBE participation or to provide information to establish that, prior to bidding, the bidder made adequate good faith efforts to do so. The required DBE information shall be submitted on the "LOCAL AGENCY BIDDER — DBE INFORMATION" form included in the Proposal. If the DBE information is not submitted with the bid, the DBE information form shall be removed from the documents prior to submitting the bid. 3-1.O1A DBE INFORMATION If DBE information is not submitted with the bid, the apparent successful bidder (low bidder), the second low bidder and the third low bidder shall submit DBE information to the City Clerk's Office located at City Hall, 330 W. 20'' Avenue, San Mateo, CA, 94403 so the information is received by the City, no later than 4:00 p.m. on the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening. DBE information sent by U.S. Postal Service certified mail with return receipt and certificate of mailing and mailed on or before the third day, not including Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received after the fourth day following bid opening. Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal non -responsive. Other bidders need not submit DBE information unless requested to do so by the Department. When such request is made, the DBE information of such bidders shall be submitted so the information is received by the City/County no later than close of business on the third day, not including Saturdays, Sundays, and legal holidays, after said notification, unless a later time is authorized by the City. The bidder's DBE information shall establish that the DBE goal will be met or that a good faith effort to meet the goal has been made. To establish good faith efforts, the bidder shall demonstrate that the goal will be met or that, prior to bidding, adequate good faith efforts to meet the goal were made. Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their adequate good faith efforts information along with their DBE goal information to protect their eligibility for award of the contract in the event the City. in its review, finds that the goal has not been met. The information to show that the DBE goal will be met shall include the names of DBEs and DBE joint venture partners to be used, with a complete description of work or supplies to be provided by each, the dollar value of each DBE transaction, and a written confirmation that the DBE is participating in the contract. 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 the DBE shall be included in the DBE information, including the planned location of that work. The work that a DBE prime contractor has committed to performing with its own forces as well as the work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies will count toward the goal. (Note: DBE subcontractors to whom the bidder proposes to directly subcontract portions of the work are to be named in the bid. — See Section 2-1.054, "Required Listing of Proposed Subcontractors," of the Standard Specifications and Section 2-1.01, "General," of these special provisions, regarding listing of proposed subcontractors.) The information necessary to establish the bidder's good faith efforts to meet the DBE goal should include: 1. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder. 2. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested. 3. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) Q:\pw\P W ENG\A_CONTRS\2002\E.3 rd&4thlntrcnt\Contract.doc 40 1 I I I I I I I I 1 1 I I I I I I into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate the sufficient work to meet the DBE goal was made available to DBE firms. 4. The names, addresses and phone numbers of rejected DBE firms, the firms selected for that work, and the reasons for the bidder's choice. 5. Efforts made to assist DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs. 6. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. 7. The names of agencies contacted to provide assistance in contacting, recruiting and using DBE firms. 8. Any additional data to support a demonstration of good faith efforts. 3-1.02 AWARD OF CONTRACT The right is reserved to reject any and all proposals. The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the City, adequate good faith efforts to do so. Meeting the goal for DBE participation or demonstrating to the satisfaction of the City, adequate good faith efforts to do so is a condition for being eligible for award of contract. 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. ALL BIDS WILL BE COMPARED ON THE BASIS OF THE ENGINEER'S ESTIMATE OF THE QUANTITIES OF WORK TO BE DONE. 3-1.03 SUBCONTRACTS The Contractor is prohibited from employing any subcontractor that is ineligible under Labor Code section 1777.1. 3-1.04 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 $90,000 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 bond shall 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 materials and labor, and one for performance. The "Payment Bond" (Material and Labor Bond) shall be for not less than 100 percent (100%) 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 (100%) 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 the following insurance: Q.'\pw\PWENGA CONTRS\2002\E.3rd&4thIntrcnt\Contract.do< 41 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. All insurance shall: I I I I I I I 1 I I I I 1. Include the City of San Mateo, its elected and appointed officers, employees, and volunteers as additional insured 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 insured. 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. 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 insured 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:\pw\PWENO\A_CONTRS\2002\E.3rd&4thlnlrcnt\Contwct.doc 42 SAMPLE ENDORSEMENT FORM FOR COMMERCIAL GENERAL LIABILITY I I I I I I I I I 1 I I I 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: City of Foster City/Estero Municipal Improvement District 610 Foster City Boulevard Foster City, CA 94404 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. This insurance shall apply as primary insurance as respects any Person, Organization, Partnership or Joint Venture named above, and any other insurance available to such Person, Organization, Partnership or Joint Venture shall be excess and not contributory with the insurance afforded by this policy. Q:1pw\PWENGW_CON7RS120025E.3rd&4thlntrent\Contract.doc 43 CITY OF SAN MATEO INSURANCE REQUIREMENTS WORKERS COMPENSATION INSURANCE: Minimum statutory limits. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. I I I I I I I I i 1 r Prior to commencement of services, insurance coverage must be evidenced by a properly executed policy endorsement showing that the insurance is primary with respect to any insurance or self insurance programs of City, its officers, employees, and volunteers and additional insured coverage in addition to a certificate of insurance (sample endorsement attached). and it shall name "The City of San Mateo, its elective and appointed officers, employees, and volunteers, as additional insureds." AUTOMOBILE LIABILITY INSURANCE: Automobile Liability Bodily and Property Damage Combined, $1,000,000.00 aggregate. Such insurance shall include coverage for owned, hired, and non -owned automobiles. This insurance must be primary with respect to any insurance or self-insurance programs of City, its officers, employees, and volunteers. Prior to commencement of services, insurance coverage must be evidenced by a properly executed policy endorsement showing that the insurance is primary with respect to any insurance or self insurance programs of City, its officers, employees, and volunteers and additional insured coverage in addition to a certificate of insurance. and it shall name "The City of San Mateo, its elective and appointed officers, employees, and volunteers, as additional insureds." 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 notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. To prevent delay and insure compliance with the requirements of the specifications, the insurance certificates and endorsements must be returned to: JEAN HILL, SR. MANAGEMENT ANALYST CITY OF SAN MATEO PUBLIC WORKS DEPARTMENT 330 West 20th Avenue San Mateo, CA 94403 Q:\pw\PW ENO\A_CON7RS\2002\E.3rd&4thlntrcnt\Connact.doc 44 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 these provisions do 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 these provisions 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:\pw\PWENG\A_CONIRS 2002\E.3rd&4thlntrcnt\Contract.doc 45 l I I I I SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION AND LIOUIDATED 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. 4-1.02A BEGINNING OF WORK The Contractor shall begin work within five (5) calendar days after the date of the Notice to Proceed and shall diligently prosecute the same to completion. 4-1.03 CONSTRUCTION OR FABRICATION AND DELIVERY SCHEDULE (CPM) After notification of award and prior to start of any work, the Contractor shall submit to the Engineer, for approval, its proposed construction schedule. 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 pre -construction 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. A working day schedule must be submitted at the project pre -construction conference. Contractor shall be represented by his superintendent for this project. 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 30 working days, beginning from the date specified in the Notice to Proceed. The following holidays shall be considered the legal holidays for purposes of the work and shall not be counted as working days: New Year's Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day 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 by the City. 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 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 damages shall not be construed as a Q:1pw\PWENGEA_CONTRS\20021E.3rd&4thlntrcnflContract.dac 46 1 r I I i` I I I t I I I I I I I r I penalty, and that the amount calculated by the City may be deducted from payments due the Contractor if such delay occurs. 4-1.O8A LOCATION OF UTILITIES The Contractor's attention is directed to Section 8-1.10 and Section 15 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 their 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 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. At the request of the City, the Contractor shall, within 48 hours, contact, in writing, the owners and custodians of utilities within the work areas of this project. It shall be the responsibility of the Contractor to identifyall utilities, and obtain ownership and contact information for all utility owners, agents and custodians. 4-1.080 PLANNED SHUT -DOWN OR CUTTING OF UTILITIES At least (5) days prior to a planned shut down, interruption to, or cutting of utilities, the Contractor shall notify the facility owner and request assistance from said owner. 4-1.09 CONSTRUCTION AREA TRAFFIC CONTROL The Contractor shall be responsible, during all phases of the work, to provide for public safety and convenience. The Contractor is directed to 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. Measurement and payment for all items in these special provisions Section 4-1.09A through 4-1.09F shall be on a lump sum basis, listed as Bid Item 5 on the Bidders Sheet as "Traffic Control System". 4-1.09A 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. When flagmen are used the contractor will bear the entire cost of the flagmen in lieu of the provisions stated in Section 12-2.02 of the Standard Specification. 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. Convenient access, as determined by the Engineer, shall be provided at all times for all businesses within the project limits. Attention is directed to Sections 7-1.08, "Public Convenience," 7-1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the Standard Specifications. Nothing in these special provisions shall be construed as relieving the Contractor from the responsibilities specified in Section 7-1.09. Q:\pw\P W EN G\A_CONTRS\2002\E.3rd&4thlnlrcntlContrnct.doc 47 1 I I I I I I I I I I l 1 1 t 1 I I 1 The minimum size specified for Type II flashing arrow signs in the table following the second paragraph of Section 12-3.03, "Flashing Arrow Signs," of the Standard Specifications is amended to read "36 inches by 72 inches". In the Standard Plans, Note 10 on Standard Plan T10, Note 9 on Standard Plan T10A, Note 5 on Standard Plan T11, Note 6 on Standard Plan T12, Note 5 on Standard Plan T13, and Note 4 on Standard Plan T14 are revised to read: All traffic cones used for night lane closures shall have reflective cone sleeves as specified in the specifications. The second and third paragraphs of Section 12-3.10, "Traffic Cones," of the Standard Specifications are amended to read: During the hours of darkness traffic cones shall be affixed with reflective cone sleeves. The reflective sheeting of sleeves on the traffic cones shall be visible at 1,000 feet at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective cone sleeves shall conform to the following: 1. Removable flexible reflective cone sleeves shall be fabricated from the reflective sheeting specified in the special provisions and standard specifications, have a minimum height of 13 inches and shall be placed a maximum of 3 inches from the top of the cone. The sleeves shall not be in place during daylight hours. 2. Permanently affixed semitransparent reflective cone sleeves shall be fabricated from the semitransparent reflective sheeting specified in the special provisions and standard specifications, have a minimum height of 13 inches, and shall be placed a maximum of 3 inches from the top of the cone. Traffic cones with semitransparent reflective cone sleeves may be used during daylight hours. 3. Permanently affixed double band reflective cone sleeves shall have 2 white reflective bands. The top band shall be 6 inches in height, placed a maximum of 4 inches from the top of the cone. The lower band shall be 4 inches in height, placed 2 inches below the bottom of the top band. Traffic cones with double band reflective cone sleeves may be used during daylight hours. The type of reflective cone sleeve used shall be at the option of the Contractor. Only one type of reflective cone sleeve shall be used on the project. The C16 and C17 designations of the signs shown on the detail "Entrance Ramp Without Turning Pockets" of Standard Plan T14 are amended to designate the signs as R16 and R17, respectively. Lane closures shall conform to the provisions in the section of these special provisions entitled "Traffic Control System for Lane Closure." Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic. The Contractor shall notify local authorities of his intent to begin work at least 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping working area clear of parked vehicles. At least one walkway shall be available at all times. If the Contractor's operations require the closure of one walkway, then another walkway shall be provided nearby, off the traveled roadway. Railings shall be constructed of wood, S4S, and shall be painted white. Railings and walkways shall be maintained in good condition by the Contractor. Walkways shall be kept clear of obstructions and in compliance with ADA provisions. Full compensation for providing said pedestrian facilities shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed. Therefore., if any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, Q:\pw\PWENG\A_CONTRS\2002\E.3rd&4thlntrcnt\Contrnct.doc 48 1 S a I I 1 I I I I 1! I I I I I r I during the progress of the work, the Contractor shall immediately repair the component to its original condition or replace the component and shall restore the component to its original location. STATIONARY TYPE LANE CLOSURE. 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, the components may be stored at selected central locations, approved by the Engineer, within the limits of the City right-of-way. MOVING TYPE LANE CLOSURE. Flashing arrow signs used in moving lane closures shall be truck -mounted. Changeable message signs used in moving lane closure operations shall conform to Section 12-3.12, "Portable Changeable Message Signs," of the Standard Specifications, except the signs shall be truck -mounted and the full operation height of the bottom of the sign may be less than 7 feet above the ground, but should beas high as practicable. 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 all work shown on the construction drawings, including but not limited to: completion of bridge retrofit and all bridge related work, overhang portions of the deck poured back and sidewalks are reopened for regular traffic, temporary construction access if any, removed, bicyclists and pedestrians paths completely open for traffic; and existing irrigation system is fully tested and operational. 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 remaining work items that must be completed prior to Final Acceptance of the contract. 4-2.02 ENGINEER'S 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 recommend that the City Council formally accept the contract, and upon Council acceptance, file the Notice of Completion. Immediately upon and after such acceptance by the City Council, 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 City Council. The City will release the retention 35 days after recording the Notice of Completion. Q:\pwW W ENG\A_CONTRS\2002\E.3rd&4th[ntrcnt\Contract.doc 49 SECTION 5. GENERAL I i I I 1 I I I I r 1 I I I I I 5-1 MISCELLANEOUS 5-1.01 PREVAILING WAGE AND WEEKLY CERTIFIED PAYROLL SUBMISSION Attention is directed to Section 7-1.01A(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 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. 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 are as predetermined by the United States Secretary of Labor. Potential bidders shall be informed of modifications to the Federal minimum wage rates. Future effective general prevailing wage rates that 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 that 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. 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. Q:\pwWWENG\A_CONTRS\2002T.3rdi44thIntrcnaContract.doc 50 1 I I I I 1 I i 1 I I I I 5-1.02 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 workday hours for this project shall be between 8:00 a.m. and 5:00 p.m. unless specifically modified in writing by the City. 5-1.03 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. 5-1.04 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. 5-1.05 SAN MATEO BUSINESS LICENSE GUIDELINES A business license shall be obtained by the Contractor and Sub Contractor as required by the San Mateo Municipal Code, Chapter 5. Section 5.24.090 of said Chapter 5 requires that "Every person conducting the business of contractor shall pay an annual tax." 5-1.06 NOTICE OF POTENTIAL CLAIM Section 9-1.04, "Notice of Potential Claim," of the Standard Specifications is amended to read: 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 Q:\pwW WENG W_CONTRS\2002\E.3rd&4thlntrcnt\Connact.doc 51 I i I I 1 1 I I I i I I I 1 I I 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 workand 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. 5-1.07 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. 5-1.08 PAYMENTS 5-1.08A 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. For the purpose of making partial payments pursuant to Section 9-1.06, "Partial Payments," of the Standard Specifications, the amount set forth for the contract items of work hereinafter listed shall be deemed to be the maximum value of said contract item of work, which will be recognized for progress payment purposes. Traffic Control System $ 5,000 After acceptance of the contract pursuant to Section 7-1.17, "Acceptance of Contract," of the Standard Specifications, the amount, if any, payable for a contract item of work in excess of the maximum value for progress payment purposes here in above listed for said item, will be included for payment in the first estimate made after acceptance of the contract. Q:1pw1PWENGW CONTRS120021E.3rd&4thlntrcnt\Contract.doc 52 5-1.08B TEN PERCENT (10%) RETENTION To ensure performance, City is entitled to retain ten percent (10%) of the contract price for 35 days after it records the Notice of Completion. However, pursuant to the Public Contracts Code Section 22300, the Contractor may substitute securities for said ten percent (10%) retention or request that the City make payments of retention earned directly to an escrow agent at the Contractor's expense. The provisions of the Public Contracts Code Section 22300 are hereby expressly made a part of the contract. 5-1.08C PARTIAL 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. 5-1.080 FINAL PAYMENT AND CLAIMS Section 9-1.07B, "Final Payment and Claims," of the Standard Specifications is amended to read: Prior to acceptance of contract, as specified in these Special Provisions, Section 4-2.02, the Engineer will make a proposed final estimate in writing of the total amount payable to the Contractor, including therein an itemization of said amount, segregated as to contract item quantities, extra work and any other basis for payment, and shall also show therein all deductions made or to be made for prior payments and amounts to be kept or retained under the provisions of the contract. All prior estimates and payments shall be subject to correction in the proposed final estimate. The Contractor shall submit written approval of the proposed final estimate or a written statement of all claims arising under or by virtue of the contract so that the Engineer receives such written approval or statement of claims no later than close of business of the thirtieth (30th) day after receiving the proposed final estimate. If the thirtieth (30th) day falls on a Saturday, Sunday or legal holiday, then receipt of such written approval or statement of claims by the Engineer shall not be later than close of business of the next business day. No claim will be considered that was not included in the written statement of claims, nor will any claim be allowed for which a notice or protest is required under the provisions in Sections 4-1.03, "Changes," 8-1.06, "Time of Completion," 8-1.07, "Liquidated Damages," 5-1.116, "Differing Site Conditions," 8-1.10, "Utility and Non -Highway Facilities," and 9-1.04, "Notice of Potential Claim," unless the Contractor has complied with the notice or protest requirements in said sections. On the Contractor's approval, or if he files no claim within said period of 30 days, the Engineer will issue a final estimate in writing in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City will pay the sum so found to be due less any retention. Also upon Contractor's approval of the proposed final estimate, or if he files no claim within said period of 30 days, the Engineer will request acceptance of the contract by the City Council. Such final estimate and payment thereon shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefore, except as otherwise provided in Sections 9-1.03C, "Records," and 9-1.09, "Clerical Errors." If the Contractor within said period of 30 days files claims, the Engineer will issue a semifinal estimate in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City will pay the sum so found to be due less any retention. Such semifinal estimate and payment thereon shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefore, except insofar as affected by the claims filed within the time and in the manner required hereunder and except as otherwise provided in Sections 9-1.03C, "Records," and 9-1.09, "Clerical Errors." Claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. If additional information or details are required by the Engineer to determine the basis and amount of said claims, the Contractor shall furnish such further information or details so that the information or details are received by the Engineer no later than the fifteenth (15th) day after receipt of the written request from the Engineer. If the fifteenth (15th) day falls on a Saturday, Q:1pw\PWENGA_CONTRs12002\E.3rd&4thlntrcnt1Contract.doc 53 1 I I e I 1 1 1 1 1 I I I I I Sunday or legal holiday, then receipt of such information or details by the Engineer shall not be later than close of business of the next business day. Failure to submit such information and details to the Engineer within the time specified will be sufficient cause for denying the claim. The Contractor shall keep full and complete records of the costs and additional time incurred for any work for which a claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required by the Engineer to determine the facts or contentions involved in the claims. Failure to permit access to such records shall be sufficient cause for denying the claims. Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language: Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code Section 12650 et. seq., the undersigned, (name) (title) of (company) hereby certifies that the claim for the additional compensation and time, if any, made herein for the work on this contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the contract between parties. Dated /s/ Subscribed and sworn before me this day of Notary Public My Commission Expires Failure to submit the notarized certificate will be sufficient cause for denying the claim. Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant. Any such overhead claim shall also be subject to audit by the City at its discretion. Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor's cost accounting or other records shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act. The City Council will make the final determination of any claims that remain in dispute after completion of claim review by the Engineer. The Director of Public Works will review such claims and make a written recommendation thereon to the City Council. Upon final determination of the claims, the Engineer will then make and issue his final estimate in writing and within 30 days thereafter the City will pay the sum less any retention found due thereon. Such final estimate shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefore, except as otherwise provided in Sections 9-1.03C, "Records," and 9-1.09, "Clerical Errors." Q:1pw1PWENG1A CONTRS12002\E.3rd&4thlntrcnfContract.doc 54 I I I 1 I I 1 I I r I I i 5-1.08E PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. 5-1.08F PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS The Contractor shall return all moneys withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted in conformance with Section 7-1.17, "Acceptance of Contract," of the Standard Specifications or Section 4-2.02 of these Special Provisions. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. 5-1.09 MEDIATION Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. 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 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. 5-1.10 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. 5-1.11 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 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 Q:5pw1PWENGW._CONTRS1200RE.3rd&4thlNrcntlContract.doc 55 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 contract price paid for mobilization shall include full compensation for furnishing all labor, materials, tools, and equipment necessary for mobilization as specified herein. The maximum allowable price bid for mobilization shall be: $10,000 5-1.12 SUBCONTRACTORS AND DBE RECORDS 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 sum of $10,000 will be withheld from payment until the Form CEM-2402 (F) is submitted. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies listed in the Contractor's DBE information. This monthly documentation shall indicate the portion of the revenue paid to DBE trucking companies, which is claimed toward DBE participation. 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. 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 records must confirm that the amount of credit claimed toward DBE participation conforms with Section 2-2.01, "Disadvantaged Business Enterprise (DBE)," of these Special Provisions. 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 for which DBE participation will be claimed. This documentation shall be submitted on "Monthly DBE Trucking Verification" Form CEM-2404 (F). 5-1.13 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 de -certification. 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. 5-1.14 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS The DBEs listed by the Contractor in response to the requirements in Section 3, "Submission of DBE Information and Award and Execution of Contract," of these Special Provisions, which are determined by the Department to be certified DBEs 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. Authorization to utilize other forces or sources of materials may be requested for the following reasons: Q:1pwWWENG\A_CONTRS\20021E.3rd&4thintrcnt\Contract.doc 56 I 1 1 I I I I r I I 1 I 1 i 1. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions, plans and specifications for the project, or on the terms of such subcontractor's or supplier's written bid, is presented by the Contractor. 2. The listed DBE becomes bankrupt or insolvent. 3. The listed DBE fails or refuses to perform his subcontract or furnish the listed materials. 4. The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor fails or refuses to meet the bond requirements of the Contractor. 5. The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial accordance with the plans and specifications, or the subcontractor is substantially delaying or disrupting the progress of the work. 6. It would be in the best interest of the City. The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer. 5-1.15 SUBCONTRACTING Attention is directed to the provisions in Section 8-1.01, "Subcontracting", of the Standard Specifications, Section 2, "Proposal Requirements, Conditions and Non -Discrimination Guidelines," Section 3, "Submission of DBE Information and Award and Execution of Contract," and elsewhere in these Special Provisions. 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.cagov/dir/Labor law/DLSE/Debar.htnl. The requirement in the third paragraph of said Section 8-1.01 that the Contractor shall perform with his own organization contract work amounting to not less than 50 percent of the original contract price is not changed by the Federal Aid requirement specified under "Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 in these Special Provisions that the Contractor perform not less than 30 percent of the original contract work with his own organization. Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal -Aid Construction Contract" in Section 14 of these special provisions. This requirement shall be enforced as follows: Non-compliance 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. The DBE information furnished under Section 3-1.01A, "DBE Information," of these Special Provisions is in addition to the subcontractor information required to be furnished under said Section 8-1.01, "Subcontracting" and Section 2-1.054, "Required Listing of Proposed Subcontractors," of the Standard Specifications. Q:\pw\P W ENG\A_CON7RS\2002\E.3rd&4thlnhcot\Contract.doc 57 1 I 1 1 1 I 1 1 I 1 1 1 r 1 I In conformance with the Federal DBE regulations Sections 26.53 (f)(1) and 26.53(0(2) Part 26, Title 49 CFR: A. The Contractor shall not terminate for convenience a DBE subcontractor listed in response to Section 3- 1.01A, "DBE Information," and then perform that work with its own forces, or those of an affiliate without the written consent of the Department, and B. If a DBE subcontractor is terminated or fails to complete its work for any reason, the Contractor will be required to make good faith efforts to substitute another DBE subcontractor for the original DBE subcontractor, to the extent needed to meet the contract goal. The requirement in Section 2-2.01, "Disadvantaged Business Enterprise (DBE)," of these Special Provisions that DBEs must be certified on the date bids are opened does not apply to DBE substitution after award of the contract. The "Subletting and Subcontracting Fair Practices Act" (Public Contract Code Section 4100-4113, inclusive) applies to the work covering street (or highway) lighting and traffic signals and requires subcontractors, if used for such work, to be listed in the prime contractor's proposal; prohibits the substitution of subcontractor, except as therein authorized; and provides for penalties for violations of the Act. Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of DBE subcontractors after the opening of the proposals. Each bidder shall, with respect to the work covering street (or highway) lighting and traffic signals, list in his Proposal: 1. The name and the location of the place of business of each subcontractor who will perform work or labor or render services to the prime contractor, or specially fabricate or install a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid. 2. The portion of the work, which will be done by each such subcontractor. Only one subcontractor shall be listed for each such portion. A sheet for listing the subcontractors, as required by the Subletting and Subcontracting Fair Practice Act, is included in the proposal. 5-2 CONTROL OF WORK 5-2.01 SURVEYING All construction staking and surveying shall be provided by the Contractor. The City will provide and set survey control for the Contractor once only. The Contractor shall notify the City one (1) week in advance of when the survey control is required. In the event that the City established survey control is disrupted, destroyed or rendered unusable, the Contractor shall immediately notify the City. Resetting the survey control 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 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. The Contractor shall be responsible for protecting and maintaining the City established survey control at all times for the duration of the project. The Contractor may submit a plan and a request in writing to the City to establish a new set of survey control. Upon City approval, the Contractor may change the survey control in accordance with the approved plans. QApw\P W ENGU_CONTRS\2002\E.3rd&4thlntrcnllContraa.doc 58 1 1 I I 1 I I 1 I 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. When an item on the Schedule of Bid Items is indicated as a Final Pay Item, the estimated quantity shall be the final quantity for which payment for that specific portion of the work will be made, in accordance with Section 9- 1.015, "Final Pay Quantities," of the Standard Specifications. The portion of the final quantity that will be paid on any given progress payment will be based on the approximate quantity of that item that was completed during that progress period, as determined by the Engineer. 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 work site 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. In particular, the following projects, known at the time of the bidding of this project, will require special attention from the Contractor. The Contractor shall work diligently to provide full cooperation and coordination with the associated contractors and owners. Any additional time and effort required for said coordination shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefore. 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, pedestrian paths and bike paths, 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, restoring, rehabilitating and replacing existing improvements shall be included in the various bid items and no additional compensation shall be made by the City. 5-2.05 SUBMITTALS AND PARTIAL LIST OF SUBMITTALS All submittals from Contractor shall be accompanied by a signed and dated cover letter from the Contractor on the Contractor's letterhead. All submittal cover letters shall include the name and contact information for the contractor's representative appropriate to the submittal. All submittal cover letters shall include a dated or scheduled reference to the purpose of the submittal (i.e. the specification requiring the submittal, date the engineer asked for the submittal, etc.). All submittal cover letters shall include a statement that the submittal meets the request of the engineer and/or the requirements of the plans, specifications and special provisions. All submittal cover letters shall include a detailed listing of all attachments. SUBMITTALS AND SUBMITTAL COVER LETTERS WHICH DO NOT MEET ALL THE REQUIREMENTS SHALL BE RETURNED WITHOUT COMMENT. The City shall have fifteen (15) working days to review all submittals made by the contractor before providing a response or approval. If the submittal must be revised, the City shall have an additional fifteen (15) working days after receipt of the resubmitted item before providing a response or approval. The Contractor is advised to remember and include this review time in planning and scheduling all contract work. Submittals for this project shall include, but not be limited to the following: 1. All submittals required by the Engineer. 2. All submittals requested by the Engineer. Q:\pw\PWENGW_CON RS12002\E.3rd&4thlntrcnt\Contract.doc 59 I 1 1 I I 1 I 3. All submittals required by and implied by the project plans, special provisions and standard specifications. 4. All other permits, licenses, agreements and contracts necessary for the successful completion of this project that are not already required by the project plans, special conditions or standard specifications. 5. Shop drawings required by the project plans, specifications, and the Engineer. 6. Verification of publication of all Public Notices and copy of same. 7. All Materials certifications required by the project plans and specifications or requested by the Engineer. 5-2.06 SUBSTITUTIONS If the Contractor proposes substitute or alternate products other than specified in the plans, specifications or special provisions, Contractor must provide proof and documentation that the substitute product is equal or better than that specified. Any review required by the Engineer, prior to approval, shall be at the Contractor's expense unless the City decides otherwise after review of the substitution. Any cost savings from use of substitute products shall be split 50%/50% between the Contractor and the City. SECTION 6. BLANK 7-1.01 WATER POLLUTION The Contractor shall submit a Storm Water Pollution Prevention Plan (SWPPP) prepared under the direction of, signed, and stamped by a Registered Civil Engineer in the State of California. The Contractor shall submit this plan to the City for review before July 1, 2002. The plan shall be prepared in accordance with the Manual of Standards for Erosion & Sediment Control Measures, Second Edition, May 1995 from the Association of Bay Area Governments (ABAG). 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, saw -cut 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 SWPPP . At the pre -construction conference the Contractor shall submit, for acceptance by the Engineer, a SWPPP to control stormwater pollution effectively during construction of the project. Such SWPPP 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: 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; Q:\pwWWENG1A_CONTRS\2002\E.3rdez4thIntrent\Contract.doc 60 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. I 1 1 I 1 1 I 0 I 1 1 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. 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. The cost of creating and implementing an acceptable storm water pollution control program will be included in the various bid items and no additional compensation shall be made. SECTION 8. MATERIALS 8-1.01 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 and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, palletized 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. -61- t r I 1 I 1 1 1 1 1 1 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. 8-2.01 PORTLAND CEMENT CONCRETE Portland cement concrete shall conform to the provisions in Section 90, "Portland Cement Concrete," of the Standard Specifications and these special provisions. Wherever the word "cement" is used in the Standard Specifications or the special provisions, and its use conforms to one of the following criteria, it shall be understood to mean "cementitious material": -62 I I 1 1 1 1 1 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: • Install interconnect conduits and conductors in East Third and Fourth Avenues, and South Humboldt and Fremont Streets. • Install pull boxes behind the curbs along East Fourth Avenue and it's intersecting streets. • Install vehicle detection sensor loops and equipment on East Fourth Avenue just west of South Humboldt Street. -63- SECTION 10. CONSTRUCTION DETAILS SECTION 10-1. GENERAL I 1 I t I I 1 1 10-1.2 PROGRESS SCHEDULE Progress schedules will be required for this contract and shall conform to the provisions in Section 4-1.03, CONSTRUCTION OR FABRICATION AND DELIVERY SCHEDULE (CPM) of these Special provisions. 10-1.3 OBSTRUCTIONS The Contractor shall notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to performing any excavation or other work close to any underground pipeline, conduit, duct, wire or other structure. Regional notification centers include but are not limited to the following: Notification Center Telephone Number Underground Service Alert -Northern California (USA) 1-800-227-2600 This City of San Mateo may be contacted as follows: City of San Mateo -Department of Public Works (650) 522-7300 10-1.4 CONSTRUCTION AREA SIGNS Construction area signs shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. See also Section 4-1.09B Work Area and Lane Closure Plan in 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 Number Underground Service Alert -Northern California (USA) 1-800-227-2600 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. PAYMENT. The contract lump sum amount paid for temporary work area access shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in providing construction area signs and traffic control devices for vehicular, pedestrian and marine traffic in accordance with the provisions of the Standard Specifications, Sections 12, "Construction Area Traffic Control Devices," 7-1.08, "Public Convenience," and 7-1.09, "Public Safety," and these special provisions, and as directed by the Engineer. 1 -64- 1 I 1 1 1 I I I 1 10-1.5 EXISTING HIGHWAY FACILITIES 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 and these special provisions. 10-3. SIGNALS AND ELECTRICAL SYSTEMS 10-3.01 DESCRIPTION Modifying traffic signals and electrical systems shall conform to the provisions in Section 86, "Signals, Lighting and Electrical Systems," of the Standard Specifications and these special provisions. Traffic signal system shutdowns shall be limited to periods between the hours of 9:00 a.m. and 3:00 p.m. Existing lighting systems shall be operational during hours of darkness. The Contractor shall submit requests for approval to the State and the City representatives 10 days in advance of requiring any traffic signal shutdown. The Contractor shall place "Stop Ahead" and "Stop" signs to direct vehicle and pedestrian traffic through the intersection during traffic signal system shutdown. Temporary "Stop Ahead" and "Stop" signs shall be either covered or removed when the system is turned on. "Stop Ahead" and "Stop" signs shall be furnished by the Contractor and shall conform to the provisions in Section 12-3.06 "Construction Area Signs," of the Standard Specifications, except that the base material for the signs shall not be plywood. Minimum size of"Stop" signs shall be 36 inches. Full compensation for maintaining existing and temporary electrical systems, for furnishing, installing, maintaining and removing temporary "Stop Ahead" and "Stop" signs and for covering signs not in use shall be considered as included in the various contract items of work and no additional compensation will be allowed therefore. If in the opinion of the State and City representative, the traffic signal system shutdown is at a heavily traveled intersection, the City shall provide a police officer to direct traffic at no cost to the Contractor. 10-3.03 COST BREAKDOWN Cost breakdown shall conform to the provisions in Section 86-1.03, "COST BREAKDOWN," of the Standard Specifications and these special provisions. Approved cost breakdowns will be used for purposes of making partial payments for contract items. 10-3.04 CONDUIT Conduit to be installed underground shall be Type 3 unless otherwise specified. Detector termination conduits shall be Type 3. The conduit in a foundation and between a foundation and the nearest pull box shall be Type I. When a standard coupling cannot be used for joining Type 1 conduit, a UL listed threaded union coupling conforming to the provisions in Section 86-2.05C, "Installation," of the Standard Specifications, or a concrete -tight split coupling, or concrete -tight set screw coupling shall be used. When Type 3 conduit is placed in a trench (not in pavement or under portland cement concrete sidewalk), after the bedding material is placed and the conduit is installed, the trench shall be backfilled with commercial quality concrete, containing not less than 564 pounds of portland cement per cubic meter, to -65- 1 f I I 1 I 1 I I 1 1 1 I t I not less than 4.0 inches above the conduit before additional backfill material is placed. Conduit runs shown on the plans to be located behind curbs may be installed in the street, within 3.0 feet of, and parallel with the edge of the gutter, by the "Trenching in Pavement Method" in conformance with the provisions in Section 86-2.05C, "Installation," of the Standard Specifications. Pull boxes shall be located flush to the top of and immediately behind the curb or at the locations shown on the plans. Existing concrete gutters and concrete bus pads vary and shall not be disturbed, except for horizontal cuts to access a pull box or with permission from the City Engineer. Conduit runs shown on the plans in the areas of existing concrete gutters and bus pads that have been paved over may be installed in the street, within 3.0 feet of, and parallel with the face of the curb, by the "Trenching in Pavement Method" in conformance with the provisions in Section 86-2.05C, "Installation," of the Standard Specifications. The Contractor's attention is directed to Section 2-1.02 of these Special Provisions to examine the existing concrete gutter and concrete bus pad dimensions within the limits of the work. Please be advised that the majority of El Camino Real has concrete in the structural cross section and that concrete will be encountered during trenching activities. Payment for the applicable bid items will be at the contract unit price and no additional compensation will be allowed. DIRECTIONAL DRILLING OR JACKING AM) BORING INSTALLATION OF CONDUIT Excessive use of water, such that pavement might be undermined or subgrade softened, will not be permitted. Conduit to be placed as part of the completed work shall not be used for drilling or jacking. Type 2 and Type 3 conduit may be installed under existing pavement if a hole larger than the conduit is pre -drilled and the conduit installed by hand. Directional drilling or jacking and boring installation of conduit shall be completed in accordance with the California Department of Transportation's Encroachment Permits Manual. After conductors have been installed, the ends of conduits terminating in pull boxes, service equipment enclosures, and controller cabinets shall be sealed with an approved type of sealing compound. At those locations where conduit is required to be installed under pavement and existing underground facilities require special precautions in conformance with the provisions in "Obstructions" of these special provisions, conduit shall be placed by the "Trenching in Pavement Method" in conformance with the provisions in Section 86-2.05C, "Installation," of the Standard Specifications. At other locations where conduit is required to be installed under pavement and if a delay to vehicles will not exceed 5 minutes, conduit may be installed by the "Trenching in Pavement Method." Pull ropes for use when installing conductors and cables shall consist of a flat woven, fabricated, soft - fiber polyester tape with a minimum tensile strength of 1,800 pounds and shall have printed sequential measurement markings at least every meter. Any existing sidewalk removed for conduit and pullbox installation shall be removed from the nearest joint or scoring line and shall be replaced in kind. Full compensation for replacing sidewalk shall be considered in the bid price for the type of conduit or pullbox installed and no additional compensation will be allowed therefore. 10-3.05 PULL BOXES Grout shall not be placed in bottom of pull boxes. The third paragraph of Section 86-2,06C. "Installation and Use" of the Standard Specifications is amended to read: Where the sump of an existing pull box is disturbed by the Contractor's operations, the sump shall be reconstructed. -66- I I I I I I I I I I I I I I I, I I No. 3-1/2 pull boxes shall not be used. Where Standard Plans indicate No. 3-1/2 pull boxes, the No. 5 pull boxes shall be used. A No. 6 pull box shall be used at the controller cabinet. New pull box coven shall be marked in accordance with Section 86-2.06B "Cover Marking". The markings shall be as follows: Traffic signal system and traffic signal system with interconnect — "TRAFFIC SIGNAL" Traffic signal interconnect — "INTERCONNECT" Existing pull boxes, which are to be reused, shall be placed at finished grade. Pull boxes and/or pull box covers, which are damaged, shall be replaced by the Contractor. 10-3.06 CONDUCTORS AND WIRING Splices shall be insulated by "Method B" or, at the Contractor's option, splices of conductors shall be insulated with heat -shrink tubing of the appropriate size after thoroughly painting the spliced conductors with electrical insulating coating. All new conductors in the controller cabinet shall be bonded. Signal cable shall not be used. Signal Interconnect Cable (SIC) shall be the 6 -pair type. 10-3.07 DETECTORS Loop detector sensor units and asphaltic concrete sealant for inductive detector loop installation shall be Contractor -furnished. Slots shall be filled with elastomeric sealant or hot -melt rubberized asphalt sealant. The depth of loop sealant above the top of the uppermost loop wire in the sawed slots shall be 2.0 inches, minimum. Slots in asphalt concrete pavement shall be filled with asphaltic concrete sealant as follows: A. After conductors are installed in the slots cut in the pavement, paint binder (tack coat) shall be applied to the vertical surfaces of slots in conformance with the provisions in Section 39-4.02, "Prime Coat and Paint Binder (Tack Coat)," of the Standard Specifications. B. Temperature of sealant material during installation shall be above 70°F. Sealant material that is not liquid at 70° shall be heated to and maintained at 400°F during installation. Air temperature during installation shall be above 50°F . Sealant placed in the slots shall be compacted by use of a 8.0 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 2.0 inches. Excess sealant remaining after rolling shall not be reused: On completion of rolling, traffic will be permitted to travel over the sealant. Slots in portland cement concrete shall be filled with elastomeric sealant or hot -melt rubberized asphalt sealant, or shall be filled with an epoxy sealant conforming to the provisions in Section 95-2.09, "Epoxy Sealant for Inductive Loops (State Specification 8040-06)," of the Standard Specifications. -67 I I t I I !, I I V 1 I I 1 I I I I 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 located 12.0 inches from the line. All four loops in each lane shall be connected in series. 10-3.08 TECHNICAL SUPPORT The Contractor shall secure technical assistance and guidance in the operation, maintenance and trouble shooting of operational problems for one year following the acceptance of the contract. The technical support shall be provided at no additional cost to the State. 10-3.09 PAYMENT The contract lump sum price paid for signal and lighting at various locations shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in modifying signal at various locations complete in place, including but are not limited to traffic control, all materials required for interconnect at said location, manuals and testing, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. -68- I I I N I I I I I I I I I 1 I I I I APPENDIX I EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT FEDERAL AID PROJECT NO. CML - 5102 (023) CITY PROJECT NO. 90-51.37 AGREEMENT FOR PUBLIC IMPROVEMENT CITY OF SAN MATEO CITY COUNCIL AWARD THIS AGREEMENT, made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal corporation, hereinafter called "City", and hereinafter called "Contractor," as of the day of , 2002. RECITALS: (a) City has taken appropriate proceedings to authorize construction of the public work and improvements or other matters herein provided, and execution of this contract. (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. IT IS AGREED, as follows: 1. Scope of Work. Contractor shall perform the work according to the Contract Book therefore entitled: EAST THIRD AND FOURTH AVENUE SIGNAL INTERCONNECT PROJECT 2. Contract Price. City shall pay, the Contractor shall accept, in full payment for the work above agreed to be done the sum of $ Said price is determined by the prices contained in Contractor's bid, and shall be paid as described in the Contract Book. In 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 Drawings, Addenda Numbers issued to the Contract Book; the State of California, Department of Transportation, Standard Specifications, July, 1992 and Standard Plans, July, 1992; the Faithful Performance Bond; and the Labor and Material Bond, and the labor Surcharge and equipment Rental Rates in effect on the date thework is accomplished, which said special provisions, project plans, Standard plans, Standard Specifications, and Labor Surcharge and Equipment Rental Rates are hereby specifically referred to and by such reference made a part thereof. A-1 All rights and obligations of City and Contractor are fully set forth and described in the contract documents. I I I I I I I I 1 I I I I I I 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 complete contract will hereinafter be referred to as "the contract documents". In the event of any variation or discrepancy between 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. 4. Schedule. All work shall be performed in accordance with the schedule provided pursuant to the Contract Book. 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 agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give City written 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 or by any other method it may deem advisable, for the account, and at the expense of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; 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 shall 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 of 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 provisions 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 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, 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 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. 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 the actual scale then in force. 8. Insurance. The Contractor shall provide and maintain: A-2 I I I 1 I I I I I I I I I I 1 I I 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. All insurance shall: 1. Include the City of San Mateo, its elected and appointed officers, employees, and volunteers as additional insured 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 insured. 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. 4. No changes in insurance may be made without the written approval of the City Attorney's office. 9. Hold Harmless and Indemnity Provision. 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. 10. 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 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. 11. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. 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 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 A-3 APPENDIX II I I I I I I I I I 1 I I I I iL I SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS GENERAL —The work herein proposed will be financed in (This form need not be filled in if all joint venture firms are whole or in part with Federal funds, and therefore all of the minority owned.) statutes, rules and regulations promulgated by the Federal Gov- ernment and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Contract 1. Name of joint venture Provisions, Federal -Aid Construction Contracts, "Form FHWA 1273, are included in this Section 14. Whenever in said required contract provisions references are made to "SHA contracting officer", "SHA resident engineer", or "authorized representative of 2. Address of joint venture 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 ad- dition to the provisions in Section II, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with the following: 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 section are applicable to all contracts except contracts for Federal Aid Secondary projects. Tide 23, United States Code, Section 112, requires as a condi- tion precedent to approval by the Federal Highway Administrator of thecontract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non -collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28, USC, Sec. 1746, is included in the proposal. PARTICIPATION BY MINORITY BUSINESS EN- , TERPRISES IN SUBCONTRACTING. —Part 26, Title 49, Code of Federal Regulations applies to this Federal -aid project Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. Schedule B —Information for Determining Joint Venture Eli- gibility FR -1 3. Phone number of joint venture 4. Identify the finns 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 a. Profit and loss sharing. b. Capital contributions, including equipment. Name of Firm Name of Firm c. Other applicable ownership interests. 9. Control of and participation in this contract. Identify by Signature Signature name, race, sex, and "firm" those individuals (and their titles) who areresponsible for day-to-day management and policy decision making, including, but not limited to, those with Name Name prime responsibility for: 1 U a. Financial decisions b. Management decisions, such as: 1. Estimating 2. Marketing and sales 3. Hiring and firing of management personnel 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 affi- 4. Purchasing of major items or supplies davit, and did state that he or she was properly authorized by c. Supervision of field operations Note. —If, after filing this Schedule B and before the comple- tion 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 di- rectly or through the prime contractor if the joint venture is a subcontractor. Affidavit "The undersigned swear that the foregoing statements are cor- rect 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 ac- tual joint venture work and the payment therefor and any pro- posed 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 08-01-95 FR -2 (Name of firm) 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) tome 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) t I I I r I 1 I I I I I RE UI ED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) IL III. IV. V. VI. VII. VIII. IX. X. XI. XII. Page General 3 Nondiscrimination 3 Nonsegregated Facilities 5 Payment of Predetermined Minimum Wage 6 Statements and Payrolls 8 Record of Materials, Supplies, and Labor 9 Subletting or Assigning the Contract 9 Safety: Accident Prevention 10 False Statements Concerning Highway Project 10 Implementation of Clean Air Act and Federal Water Pollution Control Act 10 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 11 Certification Regarding Use of Contract Funds for Lobbying 12 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the con- tractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further re- quire their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated byreference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Re- quired Contract Provisions shall be sufficient grounds for ternri- nation of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 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 Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures 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. H. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and im- posed 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 (SRA) and the Federal Government in carrying out EEO obli- gations and in their review of his/her activities under the con- tract. 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 ad- vertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship, 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 FR -3 Form 1273 — Revised 3-95 08-07-95 I I 1 I I I r I r I 1 I I I 1 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 ot, and will implement, the contractor's 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: a. 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 contractor's 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 minority group 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 im- plement such policy will be brought to the attention of em- ployees 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 adver- tisements 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 this 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 contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discrithinating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to Form 1273 —Revised 3-5 08-07-95 refer minority group applicants for employment. Information and procedures with regard to referring 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, layot;; 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, suchcorrective 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 ge- ographical 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. FR -4 I I I I I I 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forthbelow: a. The contractor will use best efforts to develop, in coop- eration with 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 prac- tice 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. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases -of equipment. 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 from 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. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by au- thorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) 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 -op- portunities for minorities and women; (3) The 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 group employees 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 not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The fine 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 andother 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, seg- regated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). FR -5 Form 1273 —Revised 3-95 08-07-95 I I I I I I t r I 1 1 I r I I 1 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 relationship which may be 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 l(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 W, 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 deter- mination 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 mechanicsperforming 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 2. Classification: a. The SI-IA 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 rateand fringe benefits only whenthe following criteria have been met: (1) the work to be performed by the additional classifi- cation 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 addi- tional 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 time is necessary, d. In the event the contractor orsubcontractors, as appro- priate, the laborers ormechanics to be employed in the addi- tional 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 con- tract 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 I I I I I I $ i I 1 1 I I 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: 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) 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 Apprenticeship 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 excess of the ratio permitted under the registered program shall be paid not less than the applicable wagerate on the wage determination for the work actually performed. Where a contractor or subcontractor is perforating 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 Administrator 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 longerbe 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: (1) 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 on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (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 journeyman -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 journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall re- ceive the same fringe benefits as apprentices. (4) In the event the Employment and Training Adminis- tration withdraws approval of a training program, the con- tractor 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 p I I I r I I I I I I I I I 1 I I 5. Apprentices and Trainees (Programs of the U.S. DOT): 9. Withholding for Unpaid Wages and Liquidated Damages: Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the 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 ratesfor 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 upon written 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 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 ner'nWry 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. 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 t (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 Sec- tion IV, paragraph 3b, 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 1@)(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. FR -8 I I I I I I I I I I I I I I I I I i 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 en- gaged 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 sub- contractor 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. 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 in- spection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the re- quired 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 nec- essary 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 lb 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 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the 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. 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. FR -9 Form 1273 —Revised 3-95 08-07-95 I 1 I L I I I I I 1 I I 1 i 1 1 I I1 1 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 VIE SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide allsafeguards, 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 isa condition of this contract, and shall be made a con- dition of each subcontract, which the contractor enters into pur- suant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 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). DL 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 mis- representation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding re - Form 1273 —Revised 3-95 08-07-95 garding the seriousness of these and similar acts, 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 -AD 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 thecost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any falsestatement, false repre- sentation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be per- formed 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, orsubcontractor, as appropriate, will be deemed to have stipulated as follows: 1. 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 inimplementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 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 -10 I i r I I I I I I I I I I I I I I for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph I through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such re- quirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (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 set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 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 im- mediate 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. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this Clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. 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 bythe department or agency entering into this transaction. g. The prospective primary participant further agrees by FR -11 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 transactiogs. 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 el- igibility 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 de- partment or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Primary Covered Transactions 1. 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 of 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 lb of this certification; and Form 1273 —Revised 3-95 08-07-95 1 I r 1 1 I I I 1 1 I I I I 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 debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "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 assistance 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. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction,' without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 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 el- igibility of its principals. Each participant may, but is not Form 1273 —Revised 3-95 08-07-95 required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph 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 de- partment or agency with which this transaction originated may pursue 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. 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) 1. 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 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. 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 -I2 I I t. I I I I r I I I I I I 1 grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed whenthis transaction was made or en- tered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. FEDERAL -AID FEMALE AND MINORITY GOALS In accordance with Section II, "Nondiscrimination," of "Required Contract Provisions Federal -aid Construction Contracts" 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: Non-SMSA Counties CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama. 175 Eureka, CA: Non-SMSA Counties CA Del Norte; CA Humboldt; CA Trinity. 176 San Francisco -Oakland -San Jose, CA: 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. 179 Fresno -Bakersfield, CA: SMSA Counties: 7120 Salinas -Seaside - Monterey, CA. 28.9. CA Monterey. 7360 San Francisco -Oakland, 25.6 CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo. 7400 San Jose, CA CA Santa Clara. 7485 Santa Cruz, CA. CA Santa Cruz. 7500 Santa Rosa, CA CA Sonoma. 8720 Vallejo -Fairfield- Napa, CA CA Napa; CA Solano Non-SMSA Counties CA Lake; CA Mendocino; CA San Benito. 19.6 14.9 9.1 17.1 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. 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 -13 11.9 Foam 1273 —Revised 3-95 08-07.95 1 I I 1 I 1 i I I I t I r I 6780 Riverside -San Bernardino - Ontario, CA. 19.0 CA Riverside; CA San Bernardino. 7480 Santa Barbara -Santa Maria - Lompoc, CA 19.7 CA Santa Barbara. Non-SMSA Counties 24.6 CA Inyo; CA Mono; CA San Luis Obispo. 181 San Diego, CA: SMSA Counties 7320 San Diego, CA. 16.9 CA San Diego. Non-SMSA Counties 18.2 CA Imperial. 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. 1 E ® O s a a ®i fl S SIP Om IS Os 5 IS UM® 111111 WAIS Document Retrieval Page 1 of 41 GENERAL DECISION CA020029 08/09/2002 CA29 Date: August 9, 2002 General Decision Number CA020029 Superseded General Decision No. CA010029 State: California Construction Type: BUILDING DREDGING' HEAVY HIGHWAY County(ies): ALAMEDA MARIPOSA SAN MATEO CALAVERAS MERCED SANTA CLARA CONTRA COSTA MONTEREY SANTA CRUZ FRESNO SAN BENITO STANISLAUS KINGS SAN FRANCISCO TUOLUMNE MADERA SAN JOAQUIN BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/01/2002 1 03/08/2002 2 03/22/2002 3 03/29/2002 4 04/12/2002 5 04/19/2002 6 05/10/2002 7 05/17/2002 8 05/31/2002 9 06/07/2002 10 06/14/2002 11 07/05/2002 12 07/19/2002 13 08/02/2002 14 08/09/2002 COUNTY(ies): ALAMEDA MARIPOSA SAN MATEO CALAVERAS MERCED SANTA CLARA CONTRA COSTA MONTEREY SANTA CRUZ FRESNO SAN BENITO STANISLAUS KINGS SAN FRANCISCO TUOLUMNE MADERA SAN JOAQUIN ASBE0016A 01/01/2002 Rates Fringes Includes the application of all insulating materials, protective coverings, WAIS Document Retrieval Page 2 of 41 i I 1 I I I I 1 1 1 coatings, and finishings to all types of mechanical systems INSULATOR/ASBESTOS WORKER 37.53 9.01 ASBE0016E 05/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not HAZARDOUS MATERIAL HANDLER 22.90 3.25 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not HAZARDOUS MATERIAL HANDLER 13.90 2.25 ASBE0016F 05/01/1999 Rates Fringes CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES: Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not HAZARDOUS MATERIAL HANDLER 22.01 4.28 BOIL0549B 10/01/2001 BOILERMAKER Rates Fringes 31.51 11.95 * BRCA0003B 08/01/2002 MARBLE FINISHER Rates 25.17 Fringes 6.42 * BRCA0003D 08/01/2002 Rates Fringes • .. . ., n I • I .. ............. .. .... ...I. WAIS Document Retrieval Page 3 of 41 I I I 1 I i I 1 I I 1 I MARBLE MASON 35.44 11.96 * BRCA0003G 07/01/2001 SAN FRANCISCO BRICKLAYER AND SAN MATEO COUNTIES: ALAMEDA, CONTRA COSTA, BRICKLAYER Rates Fringes 31.80 10.50 SAN BENITO AND SANTA CLARA COUNTIES 30.52 9.63 CALAVERAS, SAN JOAQUIN, STANISLAUS AND TOULUMNE COUNTIES BRICKLAYER 26.65 8.25 MONTEREY AND SAN CRUZ COUNTIES BRICKLAYER. FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES BRICKLAYER 28.48 24.70 10.00 8.80 FOOTNOTES: Operating a saw or grinder: $0.50 per hour additional. Gunite nozzle person: $1.00 per hour additional. BRCA0003P 07/01/2001 TERRAZZO WORKER TERRAZZO FINISHER Rates Fringes 33.80 10.15 18.06 6.57 BRCA0003T 04/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: TILE LAYER 34.13 7.20 TILE FINISHER 17.16 5.97 CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES TILE LAYER 28.43 7.15 TILER FINISHER - 18.66 5.97 FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES TILE LAYER 26.27 TILE FINISHER 18.55 5.65 4.77 CARP0003A 08/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES DRYWALL INSTALLER/LATHER 29.75 12.415 DRYWALL STOCKER/SCRAPPER 14.88 6.795 MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES Total Project value $25 Million and over 1.4hn. /14. .ahnn+a newt aoc. nw.. nnx ,/nnLh:n/na+A art rn:9Ahna ma=ila.,ic_R arnnarAnr4A=1" hOM')0 .RP)1 /(1') 1 I i 1 1 1 0 I i 1 WAIS Document Retrieval Page 4 of 41 DRYWALL INSTALLER/LATHER DRYWALL STOCKER/SCRAPPER Total Project Value under $25 Million DRYWALL INSTALLER/LATHER DRYWALL STOCKER/SCRAPPER REMAINDER OF COUNTIES: Total Project value $25 million and over DRYWALL INSTALLER/LATHER DRYWALL STOCKER/SCRAPPER Total Project value under $25 million DRYWALL INSTALLER/LATHER DRYWALL STOCKER/SCRAPER 29.75 12.415 14.88 6.795 24.62 12.415 12.19 6.795 29.75 12.415 14.88 6.975 23.77 12.415 11.89 7.795 CARP0034A 07/01/2002 DIVERS: Diver standby Diver wet pay Tender Saturation diver DEPTH PAY (Surface Diving): 50 to 100 ft $1.32/ft 100 to 150 ft $66.00 + $1.85/ft 150 to 200 ft $158.00 + $2.65/ft 200 ft and over $291.00 + $3.00/ft Rates - Fringes 32.34 43.59 32.34 46.50 14.475 14.475 14.475 14.475 CARP0034C 07/01/2002 PILEDRIVER Rates 29.40 Fringes 14.475 CARP0035A 07/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO; AND SANTA CLARA COUNTIES: CARPENTER 29.75 11.975 HARDWOOD FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR; SAW FILER 29.90 11.975 BRIDGE BUILDERS 29.75 11.975 MILLWRIGHT 29.85 13.315 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS, AND TUOLUMNE COUNTIES: TOTAL PROJECT VALUE $25 MILLION AND OVER: hftn•//f a.<hnota ,race m.n /na4Ann nni9Ahnamn=Tlsavic_Rarnn1erAnrtiA=1" AdTThfliQ R/9 1 /09 1 1 1 1 1 1 1 1 1 1 1 i 1 1 WAIS Document Retrieval Page 5 of 41 CARPENTER - 29.75 11.975 HARDWOOD FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR; SAW FILER 29.90 11.975 BRIDGE BUILDERS 29.75 11.975 MILLWRIGHT 29.85 13.315 TOTAL PROJECT VALUE UNDER $25 MILLION CARPENTER 23.27 11.975 HARDWOOD FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR; SAW FILER 23.42 11.975 BRIDGE BUILDERS 27.43 11.975 MILLWRIGHT 25.27 13.315 MONTEREY, SAN BENITO, AND SANTA CRUZ COUNTIES: TOTAL PROJECT VALUE $25 MILLION AND OVER: CARPENTER 29.75 11.975 HARDWOOD FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR; SAW FILER 29.90 11.975 BRIDGE BUILDERS 29.75 11.975 MILLWRIGHT 29.85 13.315 TOTAL PROJECT VALUE UNDER $25,000,000 CARPENTER 24.62 11.975 HARDWOOD FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR; SAW FILER 24.77 11.975 BRIDGE BUILDERS 27.99 11.975 MILLWRIGHT 26.62 13.315 CARP0035H 07/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA; SAN FRANCISCO, SAN MATEO, SANTA CLARA COUNTIES MODULAR FURNITURE INSTALLER 18.18 5.455 MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES MODULAR FURNITURE INSTALLER 16.00 5.455 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS, TUOLUMNE COUNTIES MODULAR FURNITURE INSTALLER 15.23 5.455 ELEC0006A 12/01/2000 Rates Fringes ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA, AND SANTA CRUZ COUNTIES: httn'I/ITIE,ehante arrPCC ann anv/rni_hin/rtahlnr rni9AhnamP—Tlalric..Rarnn2rAnniA=C AM(1MQ Rn1 /!1') 1 I I 1 1 1 i WAIS Document Retrieval Page 6 of 41 COMMUNICATIONS AND SYSTEMS WORK: Communications and Systems Installer 23.32 3%+4.10 Communications and Systems Technician 26.55 3%+4.10 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 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. ELEC0006H 06/01/2002 SAN FRANCISCO COUNTY: ELECTRICIAN Rates 45.55 Fringes 13.885 ELEC0006K 12/01/1999 Rates Fringes CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: COMMUNICATIONS AND SYSTEMS WORK: Communications and Systems Installer 18.72 3%+4.10 Communications and Systems Technician 21.31 3%+4.10 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 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 httn://frwebeate.access.enn.¢nv/cei-hindsetdnacai?dbname=navic-Rarnnkrineid=C'A020699 R/211(Y) WAIS Document Retrieval Page 7 of 41 systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. I 1 1 I 1 1 I I i i 1 1 1 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. ELEC0100C 06/01/2002 FRESNO, KINGS, AND MADERA COUNTIES: ELECTRICIAN Rates 27.10 Fringes 3%+8.81 ELEC0100F 01/07/2002 Rates Fringes FRESNO, KINGS, MADERA AND TULARE COUNTIES: COMMUNICATIONS AND SYSTEMS INSTALLER SCOPE OF WORK 21.47 3%+5.40 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, inventory control systems, microwave transmission, multi -media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms, and low voltage master clock systems. A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS Background foreground musicc 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 Multi-media/multiplex systems Sound and musical entertainment systems RF systems Antennas and Wave Guide B. FIRE ALARM SYSTEMS Installation, wire pulling and testing C. TELEVISION AND VIDEO SYSTEMS Television monitoring and surveillance systems Video security systems Video entertainment systems Video educational systems Kttn•//fivvahnata arrece rtnn rtnv/rrti_hin/rtatAnr rai9Ahnama=Tlavic-Rarnn.GAnoid=CAn9on29 R/71/02 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 i WAIS Document Retrieval Page 8 of 41 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 RF and Remote Control Systems Fiber Optic Data Systems WORK EXCLUDED Raceway systemsare 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. ELECO234A 12/24/2001 Rates Fringes MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES: ELECTRICIANS 32.06 3% + 11.59 ELEC0302A 06/01/2001 CONTRA COSTA COUNTY: ELECTRICIANS CABLE SPLICER Rates Fringes 35.01 38.51 3%+8.90 3%+8.90 httn://fTweRaate.acce.cc.ann.anv/cai-hin/aPtAnn cai7tdhname=ilavic_RacnnRrdnnid=f A(170f19Q R/)1 /(Y) WAIS Document Retrieval Page 9 of 41 1 1 1 1 1 I f 1 1 ELEC0332A 06/01/2002 SANTA CLARA COUNTY: ELECTRICIAN CABLE SPLICER Rates Fringes 42.57 3%+11.27 48.96 3%+11.27 FOOTNOTES: Work under compressed air or where gas masks are required, or work on ladders, scaffolds, stacks, "Bosun'schairs," 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. ELEC0595A 06/01/2002 ALAMEDA COUNTY: Electricians Cable Splicers Rates Fringes 37.00 41.63 3%+14.35 3%+14.35 ELEC0595B 06/01/2002 CALAVERAS AND SAN JOAQUIN COUNTIES: TUNNEL WORK: Electrician Cable splicer ALL OTHER WORK: Electrician Cable splicer Rates Fringes 28.32 31.84 28.19 31.71 7.5%+11.96 7.5%+11.96 7.5%+11.96 7.5%+11.96 ELEC0617A 06/01/2002 Rates Fringes SAN MATEO COUNTY: ELECTRICIAN 42.37 3%+11.66 ELEC0684A 07/01/2001 Rates Fringes MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES: Electrician Cable splicer 28.02 7%+9.05 30.82 7%+9.05 ELEC1245A 06/01/2002 Rates Fringes LINE CONSTRUCTION httn•//frwehoaty Arrece Ann rtnvlrAi_hin/rtetAnr rrti9Ahnama=Tlavic_RornnRZAnniA=CA(Y)M9O 2/11/Al 1 I 1 1 1 I I 1 WAIS Document Retrieval Page 10 of 41 Lineman; Cable splicer 33.16 4.5%+7.08 Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), and overhead and underground distribution line equipment) 28.19 4.5%+6.80 Groundman 21.56 4.5%+6.80 Powderman 31.51 4.5%+6.84 ELEV0008A 08/01/2001 ELEVATOR MECHANIC Rates 42.735 Fringes 7.455 FOOTNOTE: Vacation Pay: 8% with 5 or more years of service, 6% for.6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. * ENGI0003B 07/01/2001 Rates POWER EQUIPMENT OPERATORS: DREDGING: CLAMSHELL & DIPPER DREDGING; HYDRAULIC SUCTION DREDGING: Fringes AREA 1: Leverman 34.39 12.37 Dredge dozer; Heavy duty repairman 29.43 12.37 Booster pump operator; Deck; engineer; Deck Mate; Dredge tender; Winch operator 28.31 12.37 Bargeman; Deckhand; Fireman; Leveehand; Oiler 25.01 12.37 AREA 2: Leverman 36.39 12.37 Dredge dozer; Heavy duty repairman 31.43 12.37 Booster pump operator; Deck; engineer; Deck Mate; Dredge tender; Winch operator 30.31 12.37 Bargeman; Deckhand; Fireman; Leveehand; Oiler 27.01 12.37 AREA 1: ALAMEDA,.CONTRA COSTA, KINGS, MERCED, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ AND STANISLAUS COUNTIES The remaining counties are split between Area 1 and Area 2 as noted below: CALAVERAS COUNTY: htto://frwebeate.access_gnn.gnv/raj-hin/aetdne cai9dhnamr.=Mavis-RarnnR,AnciA=rAVVOA%) Rn1 /IT) WAIS Document Retrieval Page 11 of 41 1 1 1 1 1 I 1 1 I AREA 1: Area within the line beginning at the southernmost point of Calaveras County, Thence northerly along the southeasterly county line to the intersection with the easterly line of Range 15 East, Thence northerly to the northeast corner of Township 5N, Range 15E, Thence westerly to the southeast corner of Township 6N, Range 14E, Thence northerly along the range line to the intersection with the northerly line ofsaid county, Thence westerly and southerly along the county line to the point of beginning. AREA 2: Remainder of Calaveras County. FRESNO COUNTY: AREA 1: Area within the line beginning at the southeast corner of Township 13$, Range 28E, Thence northerly to the northeast corner of Township 13$, Range 28E, Thence westerly to the southeast corner of Township 12S, Range 27E, Thence northerly to the northeast corner of Township 125, Range 27E, Thence westerly to the southeast corner of Township 11S, Range 26E, Thence northerly to the northeast corner of Township 115, Range 2.6E, Thence westerly to the southeast corner of Township 10S, Range 25E, Thence northerly to the northeast corner of Township 9S, Range 25E, Thence westerly to the southeast corner of Township 8S, Range 24E, Thence northerly to the northeast corner of Township 8S, Thence northerly to the northeast corner of Township 8S, Range 24E, Thence westerly along the north line of Township 8S to the intersection with the Fresno County line, Thence southwesterly and northwesterly along said county line to the intersection with the southeasterly line of Merced County, Thence southwesterly along said county line to the intersection with theeasterly line of San Benito County, Thence southerly along said county line to the intersection withthe easterly line of Monterey County, Thence southeasterly along said county line to the intersection with the northwesterly line of Kings County, Thence northeasterly along the southeasterly line of Fresno County to the point of beginning. AREA 2: Remainder of Fresno County. MADERA COUNTY: AREA 1: Area within the line beginning at the point of intersection of Fresno County, Madera County, and Merced County, Thence southeasterly and northeasterly along the southerly line of Madera County to the intersection with the httn://frwebuate.access.eno.eov/cei-bin/eetdoc_cei2dhname=Davie-Racorar.rinrir1=eA090mq R/71 /m WAIS Document Retrieval Page 12 of 41 I I I• I I I I 1 I I I t 1 I northerly line of Township 8S, Thence westerly to the southeast corner of Township 7S, Range 23E; Thence northerly to the northeast corner of Township 6S, Range 23E, Thence westerly along the north line of Township 6S to the intersection of the northwesterly line of Madera County, Thence southwesterly along said county line to the point of beginning. AREA 2: Remainder of Madera County. MARIPOSA COUNTY AREA 1: Area within the line beginning at the point of intersection of Stanislaus County with Mariposa County, Thence southeasterly along the westerly line of Mariposa County to the intersection of Madera County, Thence northeasterly along said county line to the itersection of the southerly line of Township 5S, Thence westerly to the southeast corner of Township 5S, Range 20E, Thence northerly to the northeast corner of Township 5S, Range 20E, Thence westerly to the southeast corner of Township 4S, Range 19E, Thence northerly along the range line to the intersection with the northerly line of Mariposa County, Thence westerly along said county line to the point of beginning. AREA 2: Remainder of Mariposa County. MONTEREY COUNTY: AREA 1: Area within a line beginning at the intersection of the southerly line of Township 19S with the Pacific Ocean, Thence easterly along the southerly line of Township 19S to the northwest corner of Township 205, Range 6E, Thence southerly to the southwest corner of Township 20$, range 6E, Thence easterly to the northwest corner of Township 215, Range 7E, Thence southerly to the southwest corner of Township 215, Range 7E, Thence easterly to the northwest corner of Township 225, Range 9E, Thence southerly to the southwest corner of Township 22S, Range 9E, Thence easterly to the northwest corner of Township 235, Range 10E, Thence southerly to the southwest corner of Township 245, Range 10E, Thence easterly along the southerly line of Township 24S to the southeasterly corner of Monterey County, Thence northwesterly along said county line to the point of intersection with the southerly line of Santa Cruz County, Thence westerly along the northerly line of Monterey County to the Pacific Ocean, Thence southerly along. the Pacific Ocean to the point of beginning. httn•//fnnrehoate arrece ann anv/rai_hin/aetrinr. rai9dhname=Tlavic_Rarnnx,AnriA=rAO9OO99 R/71 /09 I I r I I. I I I I I I I I r I WAIS Document Retrieval Page 13 of 41 AREA 2: Remainder of Monterey County. TUOLUMNE COUNTY: AREA 1: Area within the line beginning at the point of intersection of the easterly line of Township 2S, Range 19E, with the southerly line of Tuolumne County, Thence northerly to the northeast corner of Township 1S, Range 19E, Thence westerly to the southeast corner of Township 1N, Range 18E, Thence northerly to the northeast corner of Township 3N, Range 18E, Thence westerly to the southeast corner of Township 4N, Range 17E, Thence northerly to the northeast corner of Township 4N, Range 17E, Thence northerly to the northeast corner of Township 4N, Range 17E, Thence westerly to the southeast corner of Township 5N, Range 15E, Thence northerly to the intersection of the county line with the easterly line of Township 5N, Range 15E, Thence southwesterly along the county line to the intersection of the northeasterly line of Stanislaus County, Thence southeasterly along said county line to the southernmost corner of Tuolumne County, Thence easterly along the county line to the point of beginning. AREA 2: Remainder of Tuolumne County. * ENGI0004L 06/16/2001 POWER EQUIPMENT OPERATORS: AREA 1: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 GROUP 8 GROUP 8-A AREA 2: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 GROUP 8 GROUP 8-A Rates Fringes 33.42 31.89 30.41 29.03 27.76 26.44 25.30 24.16 21.95 35.42 33.89 32.41 31.03 29.76 28.44 27.30 26.16 23.95 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 I I I 1 I I I I I I I I I I WAIS Document Retrieval Page 14 of 41 POWER EQUIPMENT OPERATORS - ALL CRANES AND ATTACHMENTS: AREA 1: GROUP 1 34.30 12.97 Truck crane oiler 27.33 12.97 Oiler 25.04 12.97 GROUP 2 32.54 12.97 Truck crane oiler 27.07 12.97 Oiler 24.83 12.97 GROUP 3 30.80 12.97 Truck crane oiler 26.83 12.97 Hydraulic 26.44 12.97 Oiler 24.55 12.97 AREA 2: GROUP 1 Truck crane oiler Oiler GROUP 2 Truck crane oiler Oiler GROUP 3 Truck crane oiler Hydraulic Oiler 36.30 29.33 27.04 34.54 29.07 26.83 32.80 28.83 28.44 26.55 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 POWER EQUIPMENT OPERATORS - PILEDRIVERS: GROUP 1 34.64 12.97 Truck crane oiler 27.66 12.97 Oiler 25.11 12.97 GROUP 2 32.82 12.97 Truck crane oiler 27.41 12.97 Oiler 25.11 12.97 GROUP 3 31.14 12.97 Truck crane oiler 27.12 12.97 Oiler 24.89 12.97 GROUP 4 29.37 12.97 GROUP 5 26.73 12.97 GROUP 6 24.50 12.97 POWER EQUIPMENT OPERATORS - STEEL ERECTION: GROUP 1 35.27 12.97 Truck crane oiler 27.95 12.97 Oiler 25.72 12.97 GROUP 2 33.50 12.97 Truck crane oiler 27.73 12.97 Oiler 25.45 12.97 GROUP 3 32.02 12.97 Truck crane oiler 27.46 - 12.97 Hydraulic 27.07 12.97 Oiler 25.23 12.97 GROUP 4 30.00 12.97 GROUP 5 28.70 12.97 POWER EQUIPMENT OPERATORS TUNNEL AND UNDERGROUND WORK: AREA 1: UNDERGROUND: GROUP 1-A 31.89 12.97 GROUP 1 29.42 12.97 GROUP 2 28.16 12.97 httn•//frwehoate arnecc onn anv/noi-hin/oetdnr noi?dhname=flavis-Rarnnkrinnid=CA07(1079 R/21 /02 I t I I 1 I I WATS Document Retrieval GROUP 3 GROUP 4 GROUP 5 SHAFTS, STOPES AND RAISES: GROUP 1-A GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 AREA 2: UNDERGROUND: GROUP 1-A GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 SHAFTS, STOPES AND RAISES: GROUP 1-A GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 26.83 25.69 24.55 31.99 29.52 28.26 26:93 25.79 24.65 33.89 31.42 30.16 28.83 27.69 26.55 33.99 31.52 30.26 28.93 27.79 26.65 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 FOOTNOTE: 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.; Power blade operator (finish); Power shovels, over 1 cu. yd. up to and including 7 cu. yds. m.r.c. GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine; Crane mounted continuous flight tie back machine; 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; 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; Page 15 of 41 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 I I I I I 1 I I I I 1 I I I I WAIS Document. Retrieval Page 16 of 41 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; Power blade support; Roller 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); Timber skidder; Track loader up to 4 yds.; Tractor -drawn scraper; Tractor, compressor drill combination; Welder; Woods - Mixer (and other similar Pugmill equipment) 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; Drilling 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; Power jumbo operator (setting slip -forms, etc., in tunnels); Screed (automatic or manual); Self-propelled compactor with dozer; Tractor with boom D6 or smaller; Trenching machine, maximum digging capacity over 5 ft. depth; Vermeer T -600B rock cutter or similar 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 mounted 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 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 httn://frweheate.access.¢nn_,nv/coi-hin/vetdnnraigdhname=llavic_Rarnng dnniA=rtallAMO Rn! Nl', I I I 1 I I I 1 I I I I I p I WAIS Document Retrieval Page 17 of 41 (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) POWER EQUIPMENT OPERATOR CLASSIFICATIONS 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; Mobile self -erecting tower crane (Potain) over three (3) stories GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Crane, 45 tons and under; Self-propelled boom -type lifting device, 45 tons and under; Truck -mounted rotating telescopic boom type lifting device, Manitex or similar (boom truck) - under 15 tons; Boom truck or dual purpose A -frame truck, non -rotating, over 15 tons GROUP 3A: Mobile self -erecting tower crane (Potain) three (3) stories or under POWER EQUIPMENT OPERATORS - 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 crawler, land or barge mounted over 100 tons 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 GROUP 3: Derrick barge pedestal mounted under 45 tons; Self- propelled boom -type lifting device 45 tons and under; Skid/scow http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 I I I 1 1 I I I I I I i I I I I WAIS Document Retrieval Page 18 of 41 piledriver, any tonnage; Truck crane or crawler, land or barge mounted 45 tons and under GROUP 4: Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over; Heavy-duty repairperson/welder GROUP 5: Deck engineer GROUP 6: neckband; Fire tender POWER EQUIPMENT OPERATORS - 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 GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty repair person/welder GROUP 5: Boom cat POWER EQUIUPMENT OPERATORS: TUNNEL AND UNDERGROUND WORK GROUP 1-A: Tunnel bore machine operator, 20' diameter or more GROUP 1: Heading shield operator; Heavy-duty repairperson; Mucking machine (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator GROUP 2: Combination slusher and motor operator; Concrete pump or pumperete gun; Power jumbo operator GROUP 3: Drill doctor; Mine or shaft hoist GROUP 4: Combination slurry mixer cleaner; Grouting Machine operator; Motorman GROUP 5: Bit Sharpener; Brakeman; Combination mixer and compressor (gunite); Compressor operator; Oiler; Pump operator; Slusher operator AREA DESCRIPTIONS POWER EQUIPMENT OPERATORS CRANES AND ATTACHMENTS TUNNEL AND UNDERGROUND These areas do not apply to piledrivers and steel erectors. AREA 1: ALAMEDA, CONTRA COSTA, KINGS, MERCED, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ AND STANISLAUS COUNTIES AREA 2 - The remaining counties are split between Area 1 and Area 2 as noted below: httn://frwebeate.access.tmn.env/cei-bin/getdnc.cvi?dhname=Davis-Rarnn/Gel nrirl=CA(»nMo Rill/Al I I I I I I I I I r I r I I I I I I I WAIS Document Retrieval Page 19 of 41 CALAVERAS COUNTY: AREA 1: Area within the line beginning at the southernmost point of Calaveras County, Thence northerly along the southeasterly county line to the intersection with the easterly line of Range 15 East, Thence northerly to the northeast corner of Township 5N, Range 15E, Thence westerly to the southeast corner of Township 6N, Range 14E, Thence northerly along the range line to the intersection with the northerly line of said county, Thence westerly and southerly along the county line to the point of beginning. AREA 2: Remainder of Calaveras County. FRESNO COUNTY: AREA 1: Area within the line beginning at the southeast corner of Township 13S, Range 28E, Thence northerly to the northeast corner of Township 135, Range 28E, Thence westerly to the southeast corner of Township 12S, Range 27E, Thence northerly to the northeast corner of Township 12S, Range 27E, Thence westerly to the southeast corner of Township 11S, Range 26E, Thence northerly to the northeast corner of Township 11S, Range 26E, Thence westerly to the southeast corner of Township 10S, Range 25E, Thence northerly to the northeast corner of Township 9S, Range 25E, Thence westerly to the southeast corner of Township BS, Range 24E, Thence northerly to the northeast corner of Township 8S, Range 24E, Thence westerly along the north line of Township 8S to the intersection with the Fresno County line, Thence southwesterly and northwesterly along said county line to the intersection with the southeasterly line of Merced County, Thence southwesterly along said county line to the intersection with the easterly line of San Benito County, Thence southerly along said county line to the intersection with the easterly line of Monterey County, Thence southeasterly along said county line to the intersection with the northwesterly line of Kings County, Thence northeasterly along the southeasterly line of Fresno County to the point of beginning. AREA 2: Remainder of Fresno County. MADERA COUNTY: AREA 1: Area within the line beginning at the point of intersection of Fresno County, Madera County, and Merced County, Thence southeasterly and northeasterly along the southerly http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&doeid=CA020029 8/21/02 WAIS Document Retrieval Page 20 of 41 I I I I I I I I I I 1 I I I I line of Madera County to the intersection with the northerly line of Township 8S, Thence westerly to the southeast corner of Township 7S, Range 23E, Thence northerly to the northeast corner of Township 6S, Range 23E, Thence westerly along the north line of Township 6S to the intersection of the northwesterly line of Madera County, Thence southwesterly along said county line to the point of beginning. AREA 2: Remainder of Madera County. MARIPOSA COUNTY AREA 1: AREA 1: Area within the line beginning at the point of intersection of Stanislaus County with Mariposa County, Thence southeasterly along the westerly line of Mariposa County to the intersection of Madera County, Thence northeasterly along said county line to the itersection of the southerly line of Township 5S, Thence westerly to the southeast corner of Township 5S, Range 20E, Thence northerly to the northeast corner of Township 5S, Range 20E, Thence westerly to the southeast corner of Township 4S, Range 19E, Thence northerly along the range line to the intersection with the northerly line of Mariposa County, Thence westerly along said county line to the point of beginning. AREA 2 : Remainder of Mariposa County MONTEREY COUNTY: AREA 1: Area within a line beginning at the intersection of the southerly line of Township 19S with the Pacific Ocean, Thence easterly along the southerly line of Township 19S to the northwest corner of Township 20S, Range 6E, Thence southerly to the southwest corner of Township 20S, range 6E, Thence easterly to the northwest corner of Township 21S, Range 7E, Thence southerly to the southwest corner of Township 21S, Range 7E, Thence easterly to the northwest corner of Township 22S, Range 9E, Thence southerly to the southwest corner of Township 22S, Range 9E, Thence easterly to the northwest corner of Township 23S, Range 10E, Thence southerly to the southwest corner of Township 24S, Range 10E, Thence easterly along the southerly line of Township 24S to the southeasterly corner of Monterey County, Thence northwesterly along said county line to the point of intersection with the southerly line of Santa Cruz County, Thence westerly along the northerly line of Monterey County to the Pacific Ocean, Thence southerly along the Pacific Ocean to the point of httn•//frwehaate arraec onn anv/r.ai_hin/aetrine cai9Ahname=Tlairic_RarnnRnAnniA=f'AA7fll170 R/71 /M WAIS Document Retrieval Page 21 of 41 I I 1 1 I r I I I I 1 I I I I beginning. AREA 2: Remainder of Monterey County. TUOLUMNE COUNTY: AREA 1: Area within the line beginning at the point of intersection of the easterly line of Township 2S, Range 19E, with the southerly line of Tuolumne County, Thence northerly to the northeast corner of Township 1S, Range 19E, Thence westerly to the southeast corner of Township 1N, Range 18E, Thence northerly to the northeast corner of Township 3N, Range 18E, Thence westerly to the southeast corner of Township 4N, Range 17E, Thence northerly to the northeast corner of Township 4N, Range 17E, Thence northerly to the northeast corner of Township 4N, Range 17E, Thence westerly to. the southeast corner of Township 5N, Range 15E, Thence northerly to the intersection of the county line with the easterly line of Township 5N, Range 15E, Thence southwesterly along the county line to the intersection of the northeasterly line of Stanislaus County, Thence southeasterly along said county line to the southernmost corner of Tuolumne County, Thence easterly along the county line to the point of beginning. .AREA 2: Remainder of Tuolumne County. IRON0001U 07/01/2002 Rates Fringes ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES: IRONWORKERS: Fence erector 25.97 15.29 Ornamental, reinforcing and structural 26.86 15.29 IRON0001V 07/01/2002 MONTEREY COUNTY: Rates Fringes IRONWORKERS: Fence erector 25.97 15.29 Ornamental, reinforcing and structural 26.86 15.29 FOOTNOTE: Work at the Army Defense Language Institute, and the Naval Post Graduate School additional $2.00per hour. I http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 WAIS Document Retrieval Page 22 of 41 I 1 I p 1 I I I 1 r I I I I I LAB00036A 07/01/2001 SAN FRANCISCO AND SAN MATEO COUNTIES: BRICK TENDER Rates Fringes 23.32 9.61 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. LAB00036B 07/01/2001 SAN FRANCISCO AND SAN MATEO COUNTIES: PLASTERER TENDER Rates Fringes 23.32 9.69 FOOTNOTES: Work on a suspended scaffold: $5.00 per day additional. Work operating a plaster mixer pump gun: $1.00 hour additional. per LAB00067B 12/01/2001 ALAMEDA, CALAVERAS, CONTRA MARIPOSA, MERCED, MONTEREY, SAN FRANCISCO, SAN JOAQUIN, COUNTIES: ASBESTOS REMOVAL LABORER Rates Fringes COSTA, FRESNO, KINGS, MADERA, SAN BENITO, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE 10.30 2.11 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; fabrication of temporary wooden barriers; and assembly of decontamination stations. LAB00067R 06/24/2002 Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: LABORERS: Construction specialist group Group 1 Group 1-a GROUP 1-b: see note below GROUP 1-c GROUP 1-d: see note below GROUP 1-e GROUP 1-f GROUP 1-g (Contra Costa County) GROUP 2 23.34 22.64 22.86 9.08 9.08 9.08 22.69 9.08 23.19 21.22 21.36 21.49 9.08 9.08 8.08 9.08 http://frwebgate.access.gpo.gov/egi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 I I I I I I I I 1 I I I I I I I I WAIS Document Retrieval Page 23 of 41 GROUP 3 GROUP 4 21.39 9.08 15.08 9.08 See groups 1-b and 1-d under laborer classifications. GUNITE LABORERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 WRECKING WORK: GROUP 1 GROUP 2 GROUP 3 23.60 23.10 22.51 22.39 22.64 22.49 16.08 9.08 9.08 9.08 9.08 9.08 9.08 9.08 GARDENERS, HORTICULTURAL AND LANDSCAPE LABORERS: New construction 22.39 9.08 Establishment warranty period 16.08 9.08 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SANTA CRUZ, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: LABORERS: Construction specialist group Group 1 Group 1-a GROUP 1-b: see note below GROUP 1-c GROUP 1-d: see note below GROUP 1-e GROUP 1-f GROUP 2 GROUP 3 GROUP 4 22.34 21.64 21.86 8.13 8.13 8.13 21.69 8.13 22.19 21.22 21.49 21.39. 15.08 See groups 1-b and 1-d under laborer classifications. GUNITE TARORERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 WRECKING WORK: GROUP 1 GROUP 2 GROUP 3 23.60 23.10 22.51 22.39 22.64 22.49 16.08 GARDENERS, HORTICULTURAL AND LANDSCAPE LABORERS: New construction 21.39 Establishment warranty period 15.08 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. http://frwebgate.access.gpo.gov/cgi-bin/getdoo.cgi?dbname=Davis-Bacon&docid=CA020029 R/21/62 WAIS Document Retrieval Page 24 of 41 I I f I I I I I 1 I I r I I 1 1 I LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Masonry and plasterer tender; 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 GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker; Compactors of all types; Concrete and magnesite mixer, 1/2 yd: and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, 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, nozzle operators; 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 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; High 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 http://fnvebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 I I I 1 I I I I I I I I I I 1 a WAIS Document Retrieval Page 25 of 41 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 structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. 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 of the footing from the date of inception. 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: All 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 http://frwebgate.access.gpo.gov/egi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 I I I I I I I I I I I I I I 1 I WAIS Document Retrieval 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 WORK 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) LAB00067N 06/30/2002 TUNNEL AND SHAFT LABORERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 Rates Fringes 27.00 26.77 26.52 26.25 26.07 25.53 9.08 9.08 9.08 9.08 9.08 9.08 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamohd driller; Ground person; Gunite and shotcrete nozzle operator GROUP 2: Rod person; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powder person - heading; Cherry picker operator - where car is lifted; Concrete finisher in tunnel; Concrete screed person; Grout pump operator and pot person; Gunite & shotcrete gun person & pot person; Header person; High pressure nozzle operator; Miner - tunnel, including top and bottom person on shaft and raise work; Nipper; Nozzle operator on slick line; Sandblaster - pot person GROUP 4: Steel form raiser and setter; Timber person, retimber person (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powder person - primer house GROUP 5: Vibrator operator, pavement breaker; Bull gang muckers, track person; Concrete crew - includes rodding spreading and GROUP 6: Dump person (any method); Grout crew; Rebound person; Swamper LAB00073C 07/01/2001 Rates Fringes CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: Page 26 of 41 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 R/71 /n9 I I I I I I I i I I I I I I I I I 1 I WAIS Document Retrieval BRICK TENDER 23.34 5.36 LAB00073E CALAVERAS, STANISLAUS 01/01/2001 Rates Fringes FRESNO, KINGS, MADERA,-MARIPOSA, MERCED, SAN JOAQUIN, AND TUOLUMNE COUNTIES: PLASTERER TENDER 21.10 8.25 LAB00166A 07/01/1999 ALAMEDA AND CONTRA COSTA COUNTIES: BRICK TENDER Rates Fringes 20.90 10.26 FOOTNOTES: Work on jobs where heat -protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional. LAB00166B- 07/01/1999 ALAMEDA AND CONTRA COSTA COUNTIES: PLASTERER TENDERS: Plasterer tender Gun operator Rates Fringes 23.25 10.16 24.00 10.16 LAB00185A 07/01/2001 MONTEREY AND SAN BENITO COUNTIES: BRICK TENDER Rates Fringes 23.24 5.36 LAB00270A 07/01/2001 SANTA CLARA COUNTY: BRICK TENDER Rates 24.05 FOOTNOTE: $2.00 per hour for refactory work where heat -protective clothing is required. ANTA CRUZ COUNTY: BRICK TENDER Fringes 6.15 23.05 6.15 LAB00270E- 07/01/2000 Rates SAN BENITO, SANTA CLARA AND SANTA CRUZ COUNTIES: Fringes Page 27 of 41 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 WAIS Document Retrieval Page 28 of 41 I I I I I I r I I 1 I I I I 1 L All wood framed buildings four (4) stories or less and excludes steel structures, structures with metal studs PLASTER TENDER 22.68 6.85 All wood framed buildings five (5) stories or more includes all steel structures and all structures with metal studs PLASTER TENDER 24.60 6.75 LAB00294A 07/01/2001 FRESNO, KINGS AND MADERA COUNTIES: BRICK TENDER Rates 23.64 Fringes 5.36 LAB00297A 09/01/1998 MONTEREY AND SAN BENITO COUNTIES: PLASTERER TENDER FOOTNOTE: Mixer person: $4.00 per day additional. Rates Fringes 15.95 PAIN0012A 07/01/2001 Rates Fringes ALAMEDA, CONTRA COSTA, MERCED, MARIPOSA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: SOFT FLOOR LAYER 30.00 11.25 * PAIN0016A 07/01/2002 ALAMEDA AND CONTRA COSTA: Rates Fringes PAINTERS: Work on industrial buildings (used for the manufacture and processing of goods for sale or service); Also, steel construction (bridges), stacks,towers, tanks and similar structures): Brush and Roller - 30.27 9.95 Working over 50 feet 32.27 9.95 100 to 180 feet 34.27 9.95 over 180 feet 36.27 9.95 Spray and Sandblast 31.02 9.95 Working over 50 feet 32.02 9.95 100 to 180 feet 35.02 9.95 over 180 feet 36.02 9.95 Application of Exotic http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 WAIS Document Retrieval Page 29 of 41 materials 31.02 9.95 Working over 50 feet 33.02 9.95 100 to 180 feet 35.02 9.95 over 180 feet 37.02 9.92 All Other Work: Brush and Roller Working over 50 feet 100 to 180 feet over 180 feet Application of Exotic materials Working over 50 feet 100 to 180 feet over 180 feet 34.02 36.02 34..77 36.77 30.02 32.02 30.77 32.77 9.95 9.95 9.95 9.95 9.95 9.95 9.95 9.95 * PAIN0016C 08/01/2002 Rates Fringes CALAVERAS, MARIPOSA, MERCED,MONTEREY, SAN BENITO SAN JOAQUIN, SANTA CRUZ, STANISLAUS, TUOLUMNE COUNTIES: DRYWALL FINISHER/TAPER 30.28 8.78 ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: DRYWALL FINISHER/TAPER 33.43 10.88 PAIN0016H 07/01/2001 FRESNO, KINGS AND MADERA COUNTIES: DRYWALL TAPER _ 21.83 5.98 PAINTER 20.58 5.98 FOOTNOTES: Paperhangers, and work over 30 feet (does not include work from a lift): $0.50 per hour additional. Spray painters and sandblasters: $0.75 per hour additional. Lead paint abaters: $0.75 per hour additional. Rates Fringes PAIN0016K 01/01/1999 FRESNO, KINGS, MADERA AND COUNTIES: SOFT FLOOR LAYER Rates Fringes 18.63 4.09 PAIN0016N 07/01/2001 Rates Fringes MONTEREY, SAN BENITO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: PAINTER: 28.55 8.62 PAIN0016Q 03/01/1999 Rates Fringes http://frwebgate.access.gpo.gov/cgi-bie/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 t 1 I I 1 1 1 r 1 I 1 I 1 1 1 I WAIS Document Retrieval Page 30 of 41 CALAVERAS AND SAN JOAQUIN COUNTIES: PAINTERS: Brush Sandblaster; Waterblaster; Steam cleaning Work with coal tar and exotic materials 18.05 19.05 19.80 7.23 7.23 7.23 PAIN0016S 11/01/2001 MARIPOSA, Rates Fringes MERCED, STANISLAUS, AND TOULUMNE COUNTIES: PAINTER: Brush 20.41 7.82 Paperhanger; Spray & Sandblast 21.41 7.82 Hazardous coating, application and removal 22.16 7.82 PAIN0016Y 07/01/2001 • SAN FRANCISCO COUNTY: PAINTER Rates 29.56 Fringes 8.20 PAIN0169A 07/01/2001 Rates Fringes FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES: GLAZIER 24.75 8.52 PAIN0169E 07/01/2000 Rates Fringes ALAMEDA AND CONTRA COSTA COUNTIES: GLAZIER 29.35 9.91 CA020029 - 1 PAIN0169I 07/01/2000 ALAMEDA AND CONTRA COSTA: SHOWER DOOR INSTALLER Rates Fringes 23.57 4.60 PAID HOLIDAYS: New Year's Day, President's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. PAIN0718B 07/01/2001 Rates Fringes SAN FRANCISCOANDSAN MATEO COUNTIES: http://&webgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 t I I I I I I I I r I I 1 I. I I i WAIS Document Retrieval Page 31 of 41 GLAZIER 29.37 11.09 PAIN0767A 07/01/2001 Rates Fringes CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: GLAZIER 27.93 8.41 PAID HOLIDAYS: New Year's Day, Washington's Birthday, Memorial Day, 'Fourth July, Labor Day, Thanksgiving Day, Day after Thanksgiving Day, and Christmas Day. FOOTNOTE: Work thirty (30) feet or over free fall: $0.60 per hour additional. PAIN1176A 06/26/2000 PARKING LOT STRIPING/HIGHWAY MARKING: GROUP 1 GROUP 2 GROUP 3 GROUP 4 Service Person (maintenance and repair of equipment) Parking Lot, Game Court and Playground Installer Rates Fringes 22.84 22.45 19.51 22.15 6.91 6.91 6.91 6.91 13.33 5.87 19.51 6.91 PARKING LOT STRIPING / HIGHWAY MARKING CLASSIFICATIONS GROUP 1: STRIPER: Layout and application of painted traffic stripes and marking; hot thermo plastic; tape traffic stripes and markings GROUP 2: TRAFFIC DELINEATING DEVICE APPLICATOR: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices; includes all related surface preparation (sandblasting, waterblasting, grinding) as part of the application process GROUP 3: TRAFFIC SURFACE ABRASIVE BLASTER: Removal of traffic lines and markings; preparation of surface for coatings and traffic control devices GROUP 4: TRAFFIC PROTECTIVE DELINEATING SYSTEMS INSTALLER: Removes, relocates, installs permanently affixed roadside and parking delineation barricades, fencing, guard rail, cable anchor, retaining walls, reference signs, and monument markers PAIN1237C 06/01/2001 Rates Fringes CALAVERAS; SAN JOAQUIN COUNTIES; STANISLAUS AND TUOLUMNE COUNTIES: SOFT FLOOR LAYER 25.00 7.17 http://fwebgate.access.gpo.gov/egi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 WAIS Document Retrieval Page 32 of 41 1 I I 1 I r I I r 1 1 I 1 1 PAIN1621A 07/01/2001 Rates Fringes MONTEREY, SAN BENITO, SANTA CLARA AND SANTA CRUZ COUNTIES: GLAZIER 30.87 9.59 PLAS0001D 07/01/2001 CEMENT MASON. Rates 27.18 Fringes 7.58 PLAS0066B 07/01/2001 Rates Fringes ALAMEDA, CONTRA COSTA, SAN MATEO AND SAN FRANCISCO COUNTIES: PLASTERER 28.76 11.40 PLAS0300A 07/01/2002 FRESNO, KINGS AND MADERA COUNTIES: PLASTERER 23.53 8.95 Rates Fringes SAN BENITO, SANTA CLARA AND SANTA CRUZ COUNTIES: PLASTERER 28.67 8.98 CALAVERAS AND SAN JOAQUIN COUNTIES: ' PLASTERER 26.34 9.48 MONTEREY COUNTY: PLASTERER 25.06 9.48 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES: PLASTERER 26.35 9.48 PLUM0036A 01/01/2002 Rates Fringes CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: PLUMBER & STEAMFITTER 28.79 10.94 FRENSO, KINGS AND MADERA COUNTIES: PLUMBER & STEAMFITTER 28.29 10.94 PLUM0036E 01/01/2000 FRESNO COUNTY: BUILDING CONSTRUCTION ONLY PIPE TRADESMAN Rates Fringes 11.50 4.70 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 I I I I I I i f I I 1 WAIS Document Retrieval Page 33 of 41 SCOPE OF WORK Installation of corrugated metal piping for drainage, as well as installation of corrugated metal piping for culverts in connection with storm sewers and 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 of shrubbery, 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; Flag person PLUM0036I 01/01/2000 MERCED COUNTY:. PIPE TRADES PERSON: Building construction only Rates Fringes 11.50 4.70 SCOPE OF WORK: Installation of corrugated metal piping for drainage, as well as installation of corrugated metal piping for culverts in connection with storm sewers and 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, layoutand planting of shrubbery, 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 fixturesforremodeling 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; Flag person PLUM0036U 01/01/2002 Rates - Fringes MONTEREY AND SANTA CRUZ COUNTIES: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 I I I I I e I 1 I I WAIS Document Retrieval Page 34 of 41 PLUMBER & STEAMFITTER 30.54 10.94 PLUM0038A 07/01/2000 SAN FRANCISCO COUNTY: PLUMBERS: Work on wooden frame structures 5 stories or less excluding high-rise buildings and commercial work such as hospitals, prisons, hotels and schools All other work LANDSCAPE/IRRIGATION FITTER Rates Fringes 28.50 17.35 39.00 21.55 27.32 10.15 PLUM0159A 07/01/2002 CONTRA COSTA COUNTY: Construction of motels under 4 stories PLUMBERS & STEAMFITTERS All other work PLUMBERS & STEAMFITTERS Rates Fringes 27.41 9.64 35.21 14.34 PLUM0342A 07/01/2001 ALAMEDA COUNTY PLUMBERS, PIPEFITTERS AND STEAMFITTER Rates Fringes 35.76 13.44 PLUM0355D 07/01/2002 Rates Fringes ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE COUNTIES: LANDSCAPE FITTER; UNDERGROUND UTILITY WORKER 23.90 4.90 PLUM0393A 07/01/2001 SAN BENITO AND SANTA CLARA COUNTIES: PLUMBER & PIPEFITTER: Work on motels and hotels which do not exceed 4 stories in height, excluding garages and parking areas Rates Fringes 20.64 5.30 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 1 1 1 1 1 1 1 i 1 1 1 1 i 1 1 1 1 1 WAIS Document Retrieval Page 35 of 41 All other work 41.80 10.78 PLUM0467A 07/01/2002 SAN MATEO COUNTY: PLUMBER, PIPEFITTER, & STEAMFITTER REFRIGERATION & AIR CONDITIONING ALL OTHER WORK Rates Fringes 40.65 12.12 39.40 11.81 ROOF0027C 07/01/2002 FRESNO, KINGS, AND MADERA COUNTIES: ROOFER Rates Fringes 21.60 7.15 FOOTNOTE: Work with pitch, pitch base of pitch impregnated products or any material containing coal tar pitch, on any building old or new, where both asphalt and pitchers are used in the application of a built-up roof or tear off: $2.00 per hour additional. ROOF0040B 08/01/2001 SAN FRANCISCO & SAN MATEO COUNTIES: ROOFER Rates 22.87 Fringes 11.27 RO0F0081A 08/01/2000 Rates Fringes ALAMEDA AND CONTRA COSTA COUNTIES: ROOFER 22.80 9.85 ROOF0081E 08/01/2001 Rates Fringes CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: ROOFER 19.8 6.15 ROOF0095B 08/01/1996 Rates Fringes MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES: ROOFERS: Kettle person (2 kettles); Bitumastic, enameler, coal tar, pitch and mastic worker All other work 26.07 6.75 24.07 6.75 http://fwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 WAIS Document Retrieval Page 36 of 41 1 1 I 1 1 I I I I SFCA04B3A 08/01/2001 Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: SPRINKLER FITTER (FIRE) 36.59 11.20 SFCA0669K 04/01/2002 Rates Fringes CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES: SPRINKLER FITTER (FIRE) 29.35 6.05 SHEE0104A 07/01/2002 ALAMEDA AND CONTRA COSTA COUNTIES: Work on projects with an HVAC contract price of $270,000 equipped with packaged units or a unitary system; Also, tenant completion work extending from an existing trunk line or an existing water or air loop to registers and/or diffusers; Also, remodel or add-on contracts on existing facilities providing the contract price is $165,000 or less; Also, architectural sheet metal contracts of $100,000 or less; Also, pre-engineered and pre -manufactured siding SHEET METAL WORKER ALL OTHER WORK: SHEET METAL WORKER Rates Fringes 31.71 13.47 37.40 13.47 SHEE0104B 07/01/2002 MONTEREY AND SAN BENITO COUNTIES: SHEET METAL WORKER Rates Fringes 31.41 10.19 SHEE0104D 07/01/2002 SAN MATEO COUNTY: Work with an HVAC contract price of $270,000 equipped with packaged units or a unitary system; Also, tenant completion work extending from Rates Fringes nnn amdrai-hirdaeteinr rai?dhname=Davis-Bacon&docid=CA020029 8/21/02 WAIS Document Retrieval Page 37 of 41 an existing trunk line or air loop to registers and/or diffusers; Also, remodel or add-on contracts on existing facilities providing the contract price is $165,000 or less; Also, architectural sheet metal contracts of $100,000 or less; Also, pre-engineered and pre -manufactured siding SHEET METAL WORKER ALL OTHER WORK SHEET METAL WORKER 35.10 11.13 38.55 12.12 SHEE0104E 07/01/2002 SAN FRANCISCO COUNTY: Work with an HVAC contract price of $80,000 or less; Also, tenant completion work providing the contract price is $80,000 or less; Also, remodel or add-on contracts on existing facilities providing the contract price is $50,000 or less; Also, architectural sheet metal contracts of $100,000 or less; Also, pre-engineered and pre -manufactured siding SHEET METAL WORKER ALL OTHER WORK: SHEET METAL WORKER Rates Fringes 37.09 11.87 37.86 13.00 SHEE0104G 07/01/2002 SANTA CRUZ COUNTY: SHEET METAL WORKER Rates Fringes 32.95 9.91 SHEE0104H 07/01/2002 Rates Fringes SANTA CLARA COUNTY: Work with an HVAC contract price of $270,000 equipped with packaged units or a unitary system; Also, tenant completion work extending from an existing trunk line or air loop to registers and/or diffusers; Also, remodel or add-on contracts on existing facilities providing the contract price is http://frwebgate.access.gpo.gov/egi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 I I 1 I 1 I 1 I I I 1 1 WAIS Document Retrieval Page 38 of 41 $165,000 or less; Also, architectural sheet metal contracts of $100,000 or less; Also pre-engineered and pre -manufactured siding SHEETMETAL WORKER ALL OTHER WORK SHEET METAL WORKER 36.54 10.77 38.75 12.61 SHEE01040 07/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: Metal decking and siding only: SHEETMETAL WORKER 28.17 13.59 SHEE0162A 07/01/2002 CALAVERAS AND SAN JOAQUIN COUNTIES: SHEET METAL WORKER Rates Fringes 26.97 10.63 SHEE0162C 07/01/2002 Rates Fringes MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES: SHEET METAL WORKER (excluding metal deck and siding) 28.18 11.93 SHEE0162D 06/01/2001 FRESNO, KINGS, AND MADERA COUNTIES: SHEET METAL WORKER Rates 27.57 Fringes 12.21 SHEE0162M 07/01/1999 Rates Fringes CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: Metal decking and siding only: SHEET METAL WORKER 29.42 9.52 TEAM0094A 07/01/2002 TRUCK DRIVERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 Rates Fringes 23.02 23.32 23.62 23.97 24.32 12.55 12.55 12.55 12.55 12.55 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 WAIS Document Retrieval Page 39 of 41 I 1 I I t 1 1 I 1 FOOTNOTES: Articulated dump truck; Bulk cement spreader (with or without auger); Dumperete truck; Skid truck (debris box); Dry 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.; Vacuum trucks, under 7,500 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, 7,500 gals. and over; 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; Truck 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); 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 GROUP 5: Dump trucks, 65 yds. and over; Holland hauler http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 WAIS Document Retrieval Page 40 of 41 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 (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under that 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 1 1 1 1 1 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, D. C. 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, D. C. 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. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 11 I I 1 1 1 I 1 1 I I, WATS Document Retrieval Page 41 of 41 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, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02