HomeMy Public PortalAbout2004/05 Street Rehabilitation Project- Phase 2I
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CONTRACT BOOK
2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJE 000-467008
JULY 2005
CITY OF SAN MATEO
Public Works Department
330 West 20th Avenue
San Mateo, CA 94403
650/522-7300
650/522-7301 (fax)
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CONTRACT BOOK
2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
CITY OF SAN MATEO, CALIFORNIA
CITY COUNCIL AWARD — AUGUST 2005
2—tce-31
CONTRACT DRAWINGS NO. j.22$3'�(12 sheets)
TIME OF COMPLETION: 45 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
CERTIFICATE OF REQUIREMENT TO PAY WORKERS' COMPENSATION
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
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SPECIAL PROVISIONS (Note: Engineer's Specifications based on State of California, Standard
Specifications and Plans for Construction of Local Streets and Roads dated July 2002.)
Sections
1 Specifications and Plans
1-1.01 General
1-1.02 Definitions and Terms
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2 Proposal Requirements, Conditions and Non -Discrimination Guidelines
2-1.01 General
2-1.01A Federal Lobbying Restrictions
2-1.02 Examination of the Plans, Specifications, and Site of Work
2-1.03 Employment of Apprentices
2-1.04A Non -Discrimination Policy
2-1.04B Lowest Responsible Bidder
2-1.04C Standards of Non -Discrimination
2-1.04D Certificate of Non -Discrimination
2-2.01 Disadvantaged Business Enterprise (DBE)
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
4-1.02 Commencement of Work
4-1.03 Construction or Fabrication and Delivery Schedule
4-1.04 Delays and Extensions of Time
4-1.05 Pre -Construction Conference
4-1.06 Time of Completion
4-1.07 Liquidated Damages
4-L08 Location of Utilities
4-1.09 Traffic and Access
4-2.01 Substantial Completion of Work
4-2.02 Acceptance of Contract
5 General
5-1 Miscellaneous
5-1.01 Blank
5-1.02 Prevailing Wage and Weekly Certified Payroll Submission
5-1.03 Hours of Labor
5-1.04 Labor Nondiscrimination
5-1.05 Certificate of Compliance
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5-1.06 Removal of Asbestos and Hazardous Substances
5-1.07 San Mateo Business License Guidelines
5-1.08 Notice of Potential Claim
5-1.09 Attorney Fees
5-1.10 Payment
5-1.10A General
5-1.10B Ten Percent (10%) Retention
5-1.10C Partial and Final Payments
5-1.10D Prompt Progress Payment to Subcontractors
5-1.10E Prompt Payment of Withheld Funds to Subcontractors
5-1.11 Mediation
5-1.12 Arbitration
5-1.13 Mobilization
5-1.14 Subcontractor and DBE Records
5-1.15 DBE Certification Status
5-1.16 Performance of DBE Subcontractors and Suppliers
5-1.17 Subcontracting
5-2 Control of Work
5-2.01 Surveying
5-2.02 Measurements and Quantities
5-2.03 Cooperation and Collateral Work
5-2.04 Protection and Restoration of Existing Improvements
5-2.05 Record of Existing Traffic Control and Temporary Markers
6 Blank
7 Water Pollution
8 Materials
9 Description of Work
10 Construction Details
14 Federal Requirements
APPENDIX I AGREEMENT FOR PUBLIC IMPROVEMENT
APPENDIX II FEDERAL MINIMUM WAGES DEPARTMENT OF LABOR
DECISION NUMBER CA 20030029 MODIFICATION NUMBER 12
APPENDIX III SAMPLE NOTICE LETTER
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NOTICE INVITING SEALED PROPOSALS
2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
CITY OF SAN MATEO, CALIFORNIA
1. Sealed bids will be received by the City Council of the City of San Mateo, California, for 2004/05
STREET REHABILITATION PROJECT - PHASE II as shown on the Contract Drawings No. 2-20-
32 and as described in this Contract Book and the State of California, Department of Transportation
Standard Specifications and Standard Plans for Construction of Local Streets and Roads dated July
2002. The work described requires that the bidder be licensed by the State of California as a Class A
Contractor license at the time this contract is awarded.
2. The Contract Book, plans, and proposal forms are available at the Public Works Department, City
Hall, 330 West 20th Avenue, San Mateo, California. A non-refundable fee of $30.00 per set is
required if picked up or $40.00 for each set if mailed. Any questions regarding the contract
documents should be directed to Mr. Otis Chan, Senior Engineer, at 650/522-7305, or in writing at the
above address.
3. The estimated construction cost of this project is $900,000.00. 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 forty-five (45) working days, beginning from the date
specified in the Notice to Proceed.
9. This project has a goal of 14.0 percent 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 full opportunity to submit bids in response to this invitation.
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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.
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, whichever is
higher, will be the minimum paid to all craftsmen and laborers working on this project. In some cases,
prevailing wage determinations have either a single asterisk (*) or double asterisks (**) after the
expiration date in effect on the date of advertisement for bids.
In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date
which are in effect on the date of advertisement for bids, such determinations remain in effect for the
life of the project. Prevailing wage determinations which have double asterisks (**) after the
expiration date indicate that the basic hourly wage rate, overtime, and holiday pay rates, and employer
payments to be paid for work performed after this date have been predetermined. If work is extended
past this date, the new rate must be paid and should be incorporated in contracts the Contractor enters
into.
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or
counties, in which the work is to be done have been determined by the Director of the California
Department of Industrial Relations. The wages as set forth in the General Prevailing Wage Rates for
this project will be posted at the job site. It is understood that it is the responsibility of the bidder to
determine the correct scale. The City will keep a copy of the wage scale in the City Clerk's office for
the convenience of bidders. The State Prevailing Wage Rates may also be obtained from the
California Department of Industrial Relations internet web site at http://www.dir.ca.gov. Any errors or
defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the
actual scale then in force. The Federal minimum wage rates for this project as predetermined by the
United States Secretary of Labor are set forth in Appendix IV.
Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of
"Proposal and Contract" books. Future effective general prevailing wage rates which have been
predetermined and are on file with the California Department of Industrial Relations are referenced but
not printed in the general prevailing wage rates.
Attention is directed to the Federal minimum wage rate requirements 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 not 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.
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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.
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., August 2, 2005, 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. My protests to award of contract shall follow the procedures outlined in City Council
Resolution No. 61, dated June 7, 2004.
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: July 2, 2005 /s/Jan Epstein, MAYOR
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PROPOSAL FORM
(Entire proposal to be submitted as sealed bid.)
2004/05 STREET REHABILITATION PROJECT - PHASE H
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
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 for Construction of Local Streets and Roads
dated July 2002.
The work for which this proposal is submitted is for construction in conformance with the special provisions
(including the payment of not less than the State general prevailing wage rates or Federal minimum wage rates,
whichever is higher, the project plans described below, including the addenda thereto, the contract annexed
hereto, and also in conformance with the California Department of Transportation Standard Plans for
Construction of Local Streets and Roads dated July 2002, the Standard Specifications for Construction of
Local Streets and Roads dated July 2002 and the Labor Surcharge and Equipment Rental rates in effect on the
date the work is accomplished.
This proposal is also subject to the terms and conditions of the attached LIST OF SUBCONTRACTORS and
BIDDER'S STATEMENT.
ADDENDA — This proposal is submitted with respect to the changes to the contract included in the addenda
number/s
By my signature on this proposal I certify, under penalty of perjury under the laws of State of California, that
the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are
true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair
Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code).
By my signature on this proposal I further certify under penalty of perjury under the laws of State of California
and United States of America, that Non Collusion Affidavit required by Title 23 United States Code, Section
112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment
and Suspension Certification are true and correct.
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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.
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 t column shall be the
product of the unit price bid and the estimated quantity for the item.
In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall
prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same
as the amount as the entry in the item total column, then the amount set forth in the item total column
for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus
obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a
factor of ten, one hundred, etc., or one -tenth, or one -hundredth, etc. from the entered total, the
discrepancy will be resolved by using the entered unit price or item total, whichever most closely
approximates percentagewise the unit price or item total in the City of San Mateo's Final Estimate of
cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be
deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is
omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear,
readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical significance in
establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be
interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have
no significance in establishing any unit price or item total since all figures are assumed to be expressed in
dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price
for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.
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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 fmal.
If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the
2 bonds in the sums required by the State Contract Act, with surety satisfactory to the City Of San Mateo,
within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from
the City of San Mateo that the contract has been awarded, the City of San Mateo may, at its option, determine
that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null
and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the
property of the City of San Mateo.
By my signature on this proposal, as bidder, declares that the only persons or parties interested in this proposal
as principals are those named herein; that this proposal is made without collusion with any other person, firm,
or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of
contract, and the plans therein referred to; and he proposes, and agrees if this proposal is accepted, that he will
contract with the City of San Mateo, in the form of the copy of the contract annexed hereto, to provide all
necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all
the materials specified in the contract, in the manner and time therein prescribed, and according to the
requirements of the Engineer as therein set forth, and that he will take in full payment therefor the following
prices, as shown on the schedule of bid items.
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SCHEDULE OF BID ITEMS
(To be submitted with Proposal Form)
2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLII-5102 (028)
CITY PROJECT NO. 467004-46000-467008
DESCRIPTION
OF WORK
EST.
QTY.
UNIT
UNIT
PRICE
TOTAL
COST.
ITEM
NO.
1
Traffic Control
1
LS
$
$
2
Grind 0.1' AC
86,000
SF $
$
3
Overlay 0.1' AC
700
TON
$
4
Grind 0.15' AC
620,000
SF
$
5
Overlay 0.15' AC
7,000
TON $
$
6
Overlay 0.15' to 0.2' AC as shown on plan
900
TON
$
$
7
Furnish and install Pavement Reinforcing
Fabric
46,500
SY
$
$
8
Furnish and install PavePrep SA (12"
wide)
9,200
LF
$
$
9
6" deep base failure repair (plug in 2 lifts)
at various locations
22,000
SF
$
$
10
6" deep concrete base failure repair (with
2% Calcium)
40
SF
$
$
11
Remove and replace concrete curb and
-3'
gutter (1'-3' gutter)
800
LF
$
12
Remove and replace concrete sidewalk
2,800
SF
$
$
13
Remove and replace part of valley gutter
330
SF
$
$
14
Remove and replace residential driveway
approach
360
SF
$
$
15
Adjust sanitary sewer cleanout or
monitoring well to grade
3
EA
$
$
16
Adjust MH riser ring to grade
113
EA
$
$
17
Adjust City Monument rim to grade
2
EA
$
$
18
Adjust water valve rim and barrel to
grade
83
EA
$
$
19
Install 12" wide white thermoplastic stop
bar/limit line
4,680
LF
$
$
20
Install 12" wide yellow thermoplastic stop
bar/limit line
2,300
LF
$
$
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21
Install white thermoplastic zebra
crosswalk
360
SF
$
$
22
Install yellow thermoplastic zebra
crosswalk
1,050
SF
$
$
23
Install 'STOP' thermoplastic pavement
legend
119
EA
$
$
24
Install 'STOP AHEAD' pavement legend
2
SET
$
$
25
Install `ONLY' thermoplastic pavement
legend
4
EA
$
$
26
Install 'SLOW' white pavement legend
3
EA
$
$
27
Install'PED XING' pavement legend
7
SET
$
$
28
Install 'KEEP CLEAR' pavement legend
2
SET
$
$
29
Install 'SLOW SCHOOL XING '
pavement legend
8
SET
$
$
30
Install '25' pavement legend
8
EA
$
$
31
Install '30' pavement legend
2
EA
$
$
32
Install Bike Lane pavement 'SYMBOL'.
See plan.
4
EA
$
$
33
Install Disabled Persons parking
pavement 'SYMBOL'. See plan.
4
EA
$
$
34
Install detail 2
950
EA
$
$
35
Install detail 4
7,530
LF
$
$
36
Install detail 10
4,420
LF
$
$
37
Install detail 21
210
LF
$
$
38
Install detail 23
1,730
LF
$
$
39
Install detail 33
1,610
LF
$
$
40
Install detail 38C
1,560
LF
$
$
41
Install detail 39
710
LF
$
$
42
Install detail 39A
380
LF
$
$
43
Install 4" wide white thermoplastic bar .
640
LF
$
$
44
Install white thermoplastic parking tee
39
EA
$
$
45
Install bike lane thermoplastic arrow
4
EA
$
$
46
Install type IV(L) thermoplastic arrow
20
EA
$
$
47
Install type IV(R) thermoplastic arrow
7
EA
$
$
48
Install type VII(R) thermoplastic arrow
4
EA
$
$
49
Install type Q flexible post
21
EA
$
$
50
Install 'Construction Schedule' sign per
plan or directed by the engineer
8
EA
$
$
51
Install type "C"detector loop. Connect all
wires as necessary per Caltrans STD. See
plan.
4
EA
$
$
52
Install type "A", "E" or type "D" detector
loop. Connect all wires as necessary per
Caltrans STD. See plan.
12
EA
$
$
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53
Install Handhole.
4
EA
$
$
54
Install blue reflector
76
EA
$
$
55
Post overlay sweeping
1
LS
$
$
56
STOPPP permit and implementation of
BMP's. See SP -7-8.6
1
LS
$
$
TOTAL BID
$
1
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SUBCONTRACTING REOUIREIVIENTS AND LIST OF SUBCONTRACTORS
(To be submitted with Proposal Form)
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2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000467008
Each bidder acknowledges it is aware and familiar with the requirements related to subletting and
subcontracting set forth in Section 2-1.054 and 8-1.01 of the State Standard Specifications, and in the
Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public.
Contract Code of the State of California. These requirements include a provision that the Contractor
shall perform, with its own organization, contract work amounting to at least 50 percent of the
contract price. (Note: Also see 5-1.16 Subcontracting)
Each bidder in submitting his bid for the doing of the work or improvement shall in his bid or offer, in
accordance with the provisions of Section 4104 of the Public Contract Code of the State of California,
set forth the following:
1. Name and address of the place of business of each subcontractor who will perform
work or labor or render service to the general contractor in or about the construction
of the work or the improvement in an amount in excess of one-half (1/2) of one
percent (1%) of the general contractor's total bid or $10,000, whichever is greater.
2. The specific work and dollar amount of work which will be done by each
subcontractor.
3. If no portion of the work is to be subcontracted as provided in item 1, insert the word
"none" in the space provided and sign below.
4. On projects with DBE goals, the subcontractor listing requirement, set forth herein on
this "title," is in addition to the DBE subcontractor listing required per Section 3-
I.O1A after the bid opening: "Local Agency Bidder- DBE — Information" form. The
two listings must be consistent when the subcontracting amount meets the
appropriate dollar amount thresholds.
Q:\pwv?WEN \ CONTNS\200S2004-05 Sirca Rehabilitation Project -Flue U\eonuact(revis )Aoc 13 7/5/2005
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SUBCONTRACTING REQUIREMENTS AND LIST OF SUBCONTRACTORS
(To be submitted with Proposal Form)
2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
NAME
ADDRESS
SPECIFIC
WORK
DOLLAR
AMOUNT
$
$
$
$
$
$.
$
$
$
$
Contractor's Signature
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Q:Ipw'1WENG 1 CONTRSt2005t2004-05 Street Rehabilitation Project -Phase ❑\contract( u✓dld).doc 14 7/5/2005
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BIDDER'S STATEMENT
SHEET I OF 3
(To be submitted with Proposal Form)
2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
The undersigned has carefully read the STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
Standard Specifications for Construction of Local Streets and Roads dated July 2002, and realizes that any
variation or deviation from these specifications, requirements and conditions shall be sufficient grounds for
rejection of all or any part of the work performed. Such rejected work shall be replaced entirely at the
Contractor's expense, and failure to do so within a reasonable length of time shall be sufficient reason for the
withholding of payment for any part of or all of the work and forfeiture of the Contractor's bond.
The undersigned Contractor's license number and class is Class ( ), and the expiration
date is . Contractor may leave above blank, but information must be provided prior to the
time of aw rd. 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\P
GW_CONTRS\2005\2004-05 Stra= Rehabilitation Project -Phase !Roo )doc 15 7/5/2005
BIDDER'S STATEMENT (con't)
SHEET 2 OF 3
(To be submitted with Proposal Form)
2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
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:1pw'PWENC\A_CONTRS\2005\2004-05 Screet Rehabilitation Project -Phase ll\conbact(reviacd).doc 16 7/5/2005
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BIDDER'S STATEMENT (con't)
SHEET 3 OF 3
(To be submitted with Proposal Form)
2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
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)
City
State Zip
Q:\px1PWENG'A CONfRSVA05\2004-05 Street Rdubastion Project -Phase arcontrett(mris 1) doc 17
7/52005
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GUARANTY
(To be submitted with Proposal Form)
2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
To the City of San Mateo:
FOR CONSTRUCTION OF THE 2004/05 STREET REHABILITATION PROJECT - PHASE II.
The undersigned guarantees the construction and installation of the following work included in this project:
Remove and replace curb, gutter, sidewalk, construct wheelchair ramp, make base failure repair, grind 0.1' to
0.15' AC, overlay 0.1' to 0.2' AC, adjust manhole to grade, install traffic striping and related work as shown
on plans or as directed by the engineer and specified in these special provisions.
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 with reasonable time after the receipt of demand from the City. If the undersigned shall
fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all costs and
expenses; including attorneys' fees, reasonably incurred by reason of the said failure or refusal.
Contractor
Date
Q?yv\PWENCiA CONfRS\2005\2004-05 Street Rebabilitaion Project -Phase Ilkontrect(revised).doe 18
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PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
(To be submitted with Proposal Form)
2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
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 that making a false certification may subject the certifier to criminal prosecution.
Q:1pWPWENGU_CONTRS1200512004-05 Street Rehabilitation Project -Phase Mcontncl(reaised).doc 19 7/5/1005
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PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
(To be submitted with Proposal Form)
2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
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:tput \PWENGW CONfRSt2005\2004-05 Street Rehabnalion Project -Phase l[tcontract(rcviaed).dac 20 7/5/2005
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
(To be submitted with Proposal Form)
2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury,
that no more than one fmal unappealable fmding 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:'pw\PWENG A CONTRS2005\20034S Street Rehabilitation Project -Phase Ipwntract(n,:6,.1).doc 21 7/5/2005
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NON -COLLUSION A141FIDAVIT
TITLE 23, UNITED STATES CODE, SECTION 112
(To be submitted with Proposal Form)
2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
In accordance with Title 23, United States Code, Section 112 and Public Contact Code 7106, the bidder
declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the
bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has
not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or
any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
Note: The above Statement, Questionnaire, and Non -Collusion Affidavit are part of the Proposal. Signing this
Proposal on the signature portion thereof shall also constitute signature of this Statement, Questionnaire, Non -
Collusion Affidavit.
Bidders are cautioned that making false certification may subject the certifier to criminal prosecution.
Q:tyn1PWENGVs_CONLRst2005`200405 Street Rehabilitation Project -Phase litcontract(rcvised).doc 22 7/5/2005
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DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
(To be submitted with Proposal Form)
2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
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 byany 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:'aa\P
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NON -LOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS
(To be submitted with Proposal Form)
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2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all
such subrecipients shall certify and disclose accordingly.
Q:\pw\PWENG'ACONTRSt2oo5\2004-o5Street ReecilitztionPrgen-Coese mcontract(reviscd).doc 24 7/5/2005
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 3
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1. Type of federal action:
❑ a. Contract
b. Grant
c. Cooperative agreement
d. Loan
e. Loan guarantee
f. Loan insurance
2. Status of federal action:
❑ a. Bid/offer/application
b. Initial award
c. Post -award
3. Report type:
El a. Initial
b. Material change
For material change only:
year quarter
date of last report
4. Name and address of reporting entity:
❑ Prime ❑ Subawardee
. Tier , if known
5. If reporting entity in #4 is Subawardee, enter
name and address of prime:
Congressional District, if known:
Congressional District, if known:
6. Federal Department/Agency:
7. Federal program name/description:
CFDA number, if applicable:
8. Federal Action Number, if known:
9. Award amount, if known:
$
10. a. Name and address of lobbying entity (if
individual, last name, first name, MI):
(attach Continuation Sheet(s), if necessary)
b. Individuals performing services (including
address if different from #10a) (last name, first
name, MI):
(attach Continuation Sheet(s), if necessary)
11. Amount of payment (check all that apply):
$ ❑ actual ❑ planned
13. Type of payment (check all that apply):
❑ a. retainer
❑ b. one-time fee
❑ c. commission
❑ d. contingent fee
❑ e. deferred
❑ f. other; specify:
12. Form of payment (check all that
❑ a. cash
El b. in -kind; specify:
nature
apply):
value
14. Brief description of services performed or to be performed and date(s) of service, including officer(s),
employee(s), or member(s) contacted, for payment indicated in item #11:
(attach Continuation Sheet(s), if necessary)
15. Continuation Sheet(s) attached: ❑ Yes ❑ No
16. Information requested through this form is
authorized by Title 31 U.S.C. Section 1352. This
disclosure of lobbying activities is a material
representation of fact upon which reliance was
placed by the tier above when this transaction was
made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will
be reported to the Congress semi-annually and
will be available for public inspection. Any
person who fails to file the required disclosure
shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each
such failure.
Signature:
Print Name:
Title:
Phone No: Date:
Federal Use Only:Authorized for Local Reproduction/Standard Form-LLL
(1:1pw1PWENeA CONTRSi2c0512004-05 &reel Rehabilitation Aojm-Phase l➢comnci(,erised).doc 25
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INSTRUCTIONS FOR COMPLETION OF SF -ELL
DISCLOSURE OF LOBBYING ACTIVITIES
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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 1 (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 6r will be
expected to perform and the date(s) of any services rendered. Include all preparatory and related
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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
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to
the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
Q:\pw\PWENGMCONTRSt2005t2006-05 Street Rehabilitation Project -Phase H\contract(revited).doc 27 7/5/2005
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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.OlA 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:
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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 a
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.
I. 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 famished 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)
CT Bidder - DBE Information (Rev 09-28-99)
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DBE INFORMATION -GOOD FAITH EFFORTS
The City of San Mateo established a Disadvantaged Business Enterprise (DBE) goal of 14% 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 DBEs Date of Inital
Solicited Solicitation
Follow Up Methods
and 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 fines involved):
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Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:
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 of Results
Agency/Organization Contact
H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary):
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CERTIFICATE OF NON-DISCRIMINATION
(To be submitted with Proposal Form)
2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
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:
(Name and Title of Person Making Certification)
Date
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CERTIFICATE OF PAYMENT OF PREVAILING WAGE SCALE
(To be submitted with Proposal Form)
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2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
On behalf of the bidder, the undersigned certifies that the Prevailing Wage Scale, as determined by the Director
of Industrial Relations of the State of California or as determined by the Administrator of the Wage and Hour
Division, U.S. Department of Labor, in force on the day this bid was opened, whichever is higher, will be the
minimum paid to all craftsmen and laborers working on this project. In some cases, prevailing wage
determinations have either a single asterisk (*) or double asterisks (**) after the expiration date.
In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date which are
in effect on the date of advertisement for bids, such determinations remain in effect for the life of the project.
Prevailing wage determinations which have double asterisks (**) after the expiration date indicate that the
basic hourly wage rate, overtime, and holiday pay rates, and employer payments to be paid for work performed
after this date have been predetermined. If work is extended past this date, the new rate must be paid and
should be incorporated in contracts the Contractor enters into.
Any contractor awarded a public works project who intends to use a craft or classification not shown on the •
general prevailing wage determinations will be required to pay the wage rate of that craft or classification most
closely related to it as shown in the general determinations effective at the time the bids are opened. Attention
is directed to Section 14, Federal Requirements for Federal -Aid Construction Project.
A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of
the bidder to determine the correct scale. The City will keep a copy of the wage scale in the City Clerk's office
for the convenience of bidders. Any errors or defects in the materials in the City Clerk's office will not excuse
a bidder's failure to comply with the actual scale then in force. The Federal minimum wage rates for this
project as predetermined by the United States Secretary of Labor are set forth in Appendix IV. The
undersigned understands that weekly certified payrolls must be submitted for verification.
BIDDER
By:
Name and title of person making certification
Date
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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
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CERTIFICATE OF REQUIREMENT TO PAY WORKERS' COMPENSATION
(To be submitted with Proposal Form)
2004/05 STREET REHABILITATION PROJECT - PHASE II
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of the
work of this contract.
BIDDER
By:
(Name and title of person making certification)
Date
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(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL
ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS
WHICH ARE A PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERtIFICATION
The bidder , proposed
subcontractor , hereby certifies that he
has , has not , participated in a previous contract or subcontract subject to the equal
opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he
has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a
Federal Government contracting or administering agency, or the former President's Committee on Equal
Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the
Secretary of Labor (41 CFR 60-1.7(b) (1), and must be submitted by bidders and proposed
subcontractors only in connection with contracts and subcontracts which are subject to the equal
opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity
clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or
under are exempt.)
Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their
implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or
subcontract subject to the Executive Orders and have not filed the required reports should note that
41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor
submits a report covering the delinquent period or such other period specified by the Federal
Highway Administration or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor .
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SPECIAL PROVISIONS
CITY OF SAN MATEO
DEPARTMENT OF PUBLIC WORKS
STATE OF CALIFORNIA
2004/05 STREET REHABILITATION PROJECT - PHASE II PROJECT
FEDERAL AID PROJECT NO. STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
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 for Construction of Local Streets and Roads dated July
2002 (hereinafter referred to as the Standard Specifications); the State of California Department of
Transportation Standard Plans for Construction of Local Streets and Roads dated July 2002; and according to
these Special Provisions.
The bidder's attention is directed to the provisions in Section I, "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 Heil of conflicting provisions of both the Standard Specifications and the
Standard Plans, but shall in no way nullify non -conflicting portions of the Standard Specifications.
1-1.02 DEFINITIONS AND TERMS. Wherever in the Standard Specifications, special provisions or contract
documents, unless the context otherwise requires, the following terms shall have the following meaning:
Department of Transportation. The City of San Mateo, State of California.
Director of Transportation. The City Council of the City of San Mateo, State of California.
Agency, Architect, Authorized Representative, City, City Representative, Construction Manager, City
Engineer, Geotechnical Engineer, Resident Engineer. Project Architect, Soil Engineer, Shoring Engineer
Owner, or Owners Representative. The Director of Public Works of the City of San Mateo, State of California,
acting either directly or through properly authorized agents, such agents acting within the scope of the
particular duties entrusted to them.
Contractor, General Contractor, Electrical Contractor, or Construction Site Manager. The Contractor acting
either directly or through properly authorized agents, such agents acting within the scope of the particular
duties entrusted to them.
Laboratory. The established laboratory of the Materials and Research Section of the Department of the
Transportation of the State of California or laboratories authorized by the Engineer to test materials and work
involved in the contract.
State. The City of San Mateo
Transportation Building, Sacramento. City Hall, City of San Mateo, State of California.
State Highway Engineer. The Director of Public Works of the City of San Mateo, State of California.
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Standard Specifications. Means the 2002 edition of the State of California Department of Transportation
Standard Specifications for Construction of Local Streets and Roads dated July 2002. 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.
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SECTION 2. PROPOSAL REQUIREMENTS, CONDITIONS
AND NON-DISCRI IINATION 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 Noncollusion Affidavit is included in the Proposal.
Signing the Proposal shall also constitute signature of the Noncollusion Affidavit.
The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
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.O1A FEDERAL LOBBYING RESTRICTIONS. Section 1352, Title 31, United States Code prohibits
Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal -aid contractor to
pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with
the awarding of any Federal -aid contract, the making of any Federal grant or loan, or the entering into of any
cooperative agreement.
If any funds other than Federal funds have been paid for the same purposes in connection with this Federal -aid
contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure
form as part of the bid documents.
A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a Federal agency is
included in the Proposal. Standard Form -LLL, "Disclosure of Lobbying Activities", with instructions for
completion of the Standard Form is also included in the Proposal, Signing the Proposal shall constitute
signature of the Certification.
The above -referenced certification and disclosure of lobbying activities shall be included in each subcontract
and any lower -tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be
forwarded from tier to tier until received by the Engineer.
The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form at the end of each
calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy
of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any
lower -tier contractors. An event that materially affects the accuracy of the information reported includes:
1. A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or
attempting to influence a covered Federal action; or
2. A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal
action; or
3. A change in the officer(s), employee(s), or member(s) contacted to influence or attempt to influence a
covered Federal action.
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2-1.02 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK. The bidder shall examine
carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms
therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied
as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the
quantity of materials to be furnished and as to the requirements of the proposal, plans, specifications and
contracts.
The bidder represents that he or she is fully qualified to perform this examination and review.
If the bidder determines that any portion of the site or the plans and specifications present any interpretation
problems of any kind, the bidder shall note such a determination upon this proposal form and attach any
additional information necessary to state the basis of the bid. Failure to note any such determination shall be
conclusive evidence of acceptance by the bidder of the sufficiency of the plans and specifications.
2-1.03 EMPLOYMENT OF APPRENTICES. Contractor shall be responsible for compliance with California
Labor Code Section 1777.5 relating to employment of apprentices for all apprenticeable occupations when the
contract amount exceeds $30,000 or 20 working days or both.
2-1.04A NON-DISCRIMINATION POLICY. It is the policy of the City of San Mateo that all qualified
persons are to be afforded equal opportunities of employment on any public works contract entered into with
the City.
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.
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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 positively and aggressively during employment, without regard to race, color, religion, sex,
disability, or national origin.
B. In all advertisements for labor or other personnel or requests for employees of any nature, the
successful bidder and each subcontractor shall state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, disability, or national origin.
2-1.04D CERTIFICATE OF NON-DISCRIMINATION. Each bidder on anypublic works contract shall sign
the certification of nondiscrimination, which is a part of the proposal form.
Each subcontractor shall, prior to entering into a contract with any successful bidder, execute and file with the
City a certificate of non-discrimination.
The contractor will send to each labor organization or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or
workers' representative of his commitments under this section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training. Please provide copies to
the City of all notices sent (see Appendix for Sample Letter).
2-2.01 DISADVANTAGED BUSINESS ENTERPRISE (DBE). This project is subject to 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;
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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;
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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;
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 DBE's will be as follows:
1. If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the
materials or supplies will count toward 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;
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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.
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): 14.0 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/hgPoep to verify the
current availability of this service.
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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.
3-1.01A 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 fording the
bid or proposal nonresponsive. 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.
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2 . T h e n a m e s a n d d a t e s o f w r i t t e n n o t i c e s s e n t t o c e r t i f i e d D B E s s o l i c i t i n g b i d s f o r t h i s p r o j e c t a n d t h e d a t e s
a n d m e t h o d s u s e d f o r f o l l o w i n g u p i n i t i a l s o l i c i t a t i o n s t o d e t e r m i n e w i t h c e r t a i n t y w h e t h e r t h e D B E s w e r e
i n t e r e s t e d .
3 . T h e i t e m s o f w o r k w h i c h t h e b i d d e r m a d e a v a i l a b l e t o D B E f i r m s , i n c l u d i n g , w h e r e a p p r o p r i a t e , a n y
b r e a k i n g d o w n o f t h e c o n t r a c t w o r k i t e m s ( i n c l u d i n g t h o s e i t e m s n o r m a l l y p e r f o r m e d b y t h e b i d d e r w i t h i t s
o w n f o r c e s ) i n t o e c o n o m i c a l l y f e a s i b l e u n i t s t o f a c i l i t a t e D B E p a r t i c i p a t i o n . I t i s t h e b i d d e r ' s
r e s p o n s i b i l i t y t o d e m o n s t r a t e t h e s u f f i c i e n t w o r k t o m e e t t h e D B E g o a l w a s m a d e a v a i l a b l e t o D B E f i r m s .
4 . T h e n a m e s , a d d r e s s e s a n d p h o n e n u m b e r s o f r e j e c t e d D B E f i r m s , t h e f i r m s s e l e c t e d f o r t h a t w o r k , a n d t h e
r e a s o n s f o r t h e b i d d e r ' s c h o i c e .
5 . E f f o r t s m a d e t o a s s i s t D B E s i n o b t a i n i n g b o n d i n g , l i n e s o f c r e d i t o r i n s u r a n c e , a n d a n y t e c h n i c a l a s s i s t a n c e
o r i n f o r m a t i o n r e l a t e d t o t h e p l a n s , s p e c i f i c a t i o n s a n d r e q u i r e m e n t s f o r t h e w o r k w h i c h w a s p r o v i d e d t o
D B E s .
6 . E f f o r t s m a d e t o a s s i s t i n t e r e s t e d D B E s i n o b t a i n i n g n e c e s s a r y e q u i p m e n t , s u p p l i e s , m a t e r i a l s , o r r e l a t e d
a s s i s t a n c e o r s e r v i c e s , e x c l u d i n g s u p p l i e s a n d e q u i p m e n t t h e D B E s u b c o n t r a c t o r p u r c h a s e s o r l e a s e s f r o m
t h e p r i m e c o n t r a c t o r o r i t s a f f i l i a t e .
7 . T h e n a m e s o f a g e n c i e s c o n t a c t e d t o p r o v i d e a s s i s t a n c e i n c o n t a c t i n g , r e c r u i t i n g a n d u s i n g D B E f i r m s .
8 . A n y a d d i t i o n a l d a t a t o s u p p o r t a d e m o n s t r a t i o n o f g o o d f a i t h e f f o r t s .
3 - 1 . 0 2 A W A R D O F C O N T R A C T . T h e r i g h t i s r e s e r v e d t o r e j e c t a n y a n d a l l p r o p o s a l s . T h e a w a r d o f
c o n t r a c t , i f i t b e a w a r d e d , w i l l b e t o t h e l o w e s t r e s p o n s i b l e b i d d e r w h o s e p r o p o s a l c o m p l i e s w i t h a l l t h e
r e q u i r e m e n t s p r e s c r i b e d a n d w h o h a s m e t t h e g o a l f o r D B E p a r t i c i p a t i o n o r h a s d e m o n s t r a t e d , t o t h e
s a t i s f a c t i o n o f t h e C i t y , a d e q u a t e g o o d f a i t h e f f o r t s t o d o s o . M e e t i n g t h e g o a l f o r D B E p a r t i c i p a t i o n o r
d e m o n s t r a t i n g t o t h e s a t i s f a c t i o n o f t h e C i t y , a d e q u a t e g o o d f a i t h e f f o r t s t o d o s o i s a c o n d i t i o n f o r b e i n g
e l i g i b l e f o r a w a r d o f c o n t r a c t . S u c h a w a r d , i f m a d e , w i l l b e m a d e w i t h i n 4 5 d a y s a f t e r t h e o p e n i n g o f t h e
p r o p o s a l s . T h i s p e r i o d w i l l b e s u b j e c t t o e x t e n s i o n f o r s u c h f u r t h e r p e r i o d a s m a y b e a g r e e d u p o n i n w r i t i n g
b e t w e e n t h e D e p a r t m e n t a n d t h e b i d d e r c o n c e r n e d . A n y p r o t e s t s t o a w a r d o f c o n t r a c t s h a l l f o l l o w t h e
p r o c e d u r e s o u t l i n e d i n C i t y C o u n c i l R e s o l u t i o n N o . 6 1 , d a t e d J u n e 2 , 2 0 0 4 .
A l l b i d s w i l l b e c o m p a r e d o n t h e b a s i s o f t h e E n g i n e e r ' s E s t i m a t e o f t h e q u a n t i t i e s o f w o r k t o b e d o n e .
3 - 1 . 0 3 S U B C O N T R A C T S . T h e C o n t r a c t o r i s p r o h i b i t e d f r o m e m p l o y i n g a n y s u b c o n t r a c t o r t h a t i s i n e l i g i b l e
u n d e r L a b o r C o d e s e c t i o n 1 7 7 7 . 1 .
3 - 1 . 0 4 C H A N G E S I N I T I A T E D B Y T H E A G E N C Y . T h e C i t y o f S a n M a t e o r e s e r v e s t h e r i g h t t o c h a n g e t h e
s c o p e o f t h i s c o n t r a c t i n o r d e r t o a l i g n t h e c o n t r a c t p r i c e t o t h e m o n i e s a v a i l a b l e . P r e s e n t l y t h e r e i s
a p p r o x i m a t e l y $ 9 0 0 , 0 0 0 . 0 0 a v a i l a b l e f o r t h i s p r o j e c t . T h e C i t y s h a l l h a v e f u l l a u t h o r i t y a n d d i s c r e t i o n t o
d e t e r m i n e t h e d e c r e a s e o r i n c r e a s e i n q u a n t i t i e s r e q u i r e d a s w e l l a s t h e s u b p r o j e c t s t h a t w i l l b e a l t e r e d , a d d e d o r
d e l e t e d . T h e C o n t r a c t o r s h a l l n o t b e e n t i t l e d t o a n y a d d i t i o n a l c o m p e n s a t i o n o r a d j u s t m e n t i n t h e u n i t p r i c e s
b i d b e c a u s e o f t h e a b o v e - s t a t e d a l t e r a t i o n o f t h i s p r o j e c t .
3 - 1 . 0 5 C O N T R A C T B O N D S . B e f o r e e x e c u t i o n o f t h e c o n t r a c t b y t h e A g e n c y , t h e C o n t r a c t o r s h a l l f i l e w i t h
t h e a g e n c y s u r e t y b o n d s s a t i s f a c t o r y t o t h e C i t y i n t h e a m o u n t s a n d f o r t h e p u r p o s e s n o t e d b e l o w . B o n d s s h a l l
b e d u l y e x e c u t e d b y a r e s p o n s i b l e c o r p o r a t e S u r e t y , a u t h o r i z e d t o i s s u e s u c h b o n d s i n t h e S t a t e o f C a l i f o r n i a
a n d s e c u r e d t h r o u g h a n a u t h o r i z e d a g e n t w i t h a n o f f i c e i n C a l i f o r n i a . T h e C o n t r a c t o r s h a l l p a y a l l b o n d
p r e m i u m s , c o s t s , a n d i n c i d e n t a l s .
E a c h b o n d s h a l l b e s i g n e d b y b o t h t h e C o n t r a c t o r a n d S u r e t y a n d t h e s i g n a t u r e o f t h e a u t h o r i z e d a g e n t o f t h e
S u r e t y s h a l l b e n o t a r i z e d .
T h e C o n t r a c t o r s h a l l p r o v i d e t w o a c c e p t a b l e s u r e t y b o n d s ; o n e f o r l a b o r a n d m a t e r i a l s a n d o n e f o r
p e r f o r m a n c e .
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7 / 5 / 2 0 0 5
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The "Payment Bond" (Material and Labor Bond) shall be for not less than 100 percent of the contract price, to
satisfy claims of material suppliers and of mechanics and laborers employed by it on the work. The bond shall
be maintained by the Contractor in full force and effect until the completed work is accepted by the Agency,
and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code.
The "Faithful Performance Bond" shall be for 100 percent of the contract price to guarantee faithful
performance of all work, within the time prescribed, in a manner satisfactory to the City, and that all materials
and workmanship will be free from original or latent developed defects.
3-1.06 LIABILITY INSURANCE. The Contractor shall provide and maintain:
A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000
each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this
Agreement or be no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each
occurrence. Such insurance shall include coverage for owned, hired, and non -owned automobiles.
C. Workers Compensation in at least the minimum statutory limits.
D. General Provisions for all insurance. (Based on the type of project, determine if additional insurance
language is required.) All insurance shall:
1. Include the City of San Mateo, its elected and appointed officers, employees, and volunteers
as additional insureds with respect to this Agreement and the performance of services in this
Agreement. The coverage shall contain no special limitations on the scope of its protection to
the above -designated insureds.
2. Be primary with respect to any insurance or self-insurance programs of City, its officers,
employees, and volunteers.
3. Be evidenced, prior to commencement of services, by properly executed policy endorsements
in addition to a certificate of insurance.
a. In addition to requiring that you provide an insurance certificate showing the levels
and types of coverage required for your project or contract, the City of San Mateo
also requires you to provide the City with a copy of the actual endorsements to the
commercial general, automobile, and any excess liability insurance policies that show
that the City of San Mateo, its boards, commissions, officers, agents, and employees
have been named as additional insureds by the insurers.
These endorsements are required because California Insurance Code § 384 expressly
provides that an insurance certificate is not proof of what the underlying insurance
policy actually contains. If you look at an insurance certificate, you will notice that
the certificate actually says the same thing. Therefore, a certificate has minimal legal
value and the City cannot be reasonably certain that it is covered under the policies
shown on the certificate without endorsements.
An endorsement is a piece of paper that modifies the terms of the underlying policy
and is issued by the insurance company itself, rather than a broker.
A copy of a sample endorsement for commercial general liability is shown on the
following page for your reference.
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4. No changes in insurance may be made without the written approval of the City Attorney's
office.
5. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation.
Additionally, the notice statement on the certificate should not include the wording "endeavor
to" or "But failure to mail such notice shall impose no obligation or liability of any kind upon
the company, its agents or representatives".
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SAMPLE ENDORSEMENT FORM FOR COMMERCIAL GENERAL LIABILITY
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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of person or organization:
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in
the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
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3-1.07 HOLD HARMLESS AND INDEMNITY PROVISION. The Contractor agrees (1) to hold harmless
and indemnify City of San Mateo and its officers and employees from and against any and all claims, loss,
liability, damage, and expense arising from performance of this contract, including claims, loss, liability,
damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo, its officers
or employees, and (2) to defend City of San Mateo, its officers or employees there against; provided, however
that this provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole
negligence or willful misconduct of City of San Mateo or (b) the active negligence of City of San Mateo;
further provided, that this provision shall not affect the validity of any insurance contract, workers
compensation or agreement issued by an admitted insurer as defined by the Insurance Code.
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SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION,
AND LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is directed to the provisions in Section 8-1.03, "Beginning of Work," in Section
8-1.06, "Time of Completion," and in Section 8-1.07, "Liquidated Damages," of the Standard Specifications
and these Special Provisions.
4.1.02. COMMENCEMENT OF WORK. The Contractor shall begin work within 15 calendar days after
receiving notice that the contract has been awarded by the City Council and shall diligently prosecute the same
to completion with the time limits provided in the special provisions
4-1.03 CONSTRUCTION OR FABRICATION AND DELIVERY SCHEDULE. After notification of award
and prior to start of any work, the Contractor shall submit to the Engineer for approval its proposed
construction or fabrication and delivery schedule. The schedule shall be in the form of a tabulation, chart, or
graph and shall be in sufficient detail to show the chronological relationship of all activities of the project
including, but not limited to, estimated starting and completion dates of various activities, submittal of shop
drawings to the Engineer for approval, procurement of materials, and scheduling of equipment, and delivery of
finished product.
4-1.04 DELAYS AND EXTENSIONS OF TIME. In the event that a disagreement shall arise between the
City and the Contractor over Time of Performance as extended by the City due to an allowed suspension of
work, the Contractor may request an extension from the City Council. Such requests shall be filed with the
City Clerk, addressed to the City Council, at least twenty (20) days prior to the expiration of the Time of
Performance as modified. The ruling of the City Council shall be fmal and conclusive.
4-1.05 PRE -CONSTRUCTION CONFERENCE. A preconstruction conference will be held at a location
selected by the City for the purposes of review and approval of said schedule and to discuss construction
procedures and payment schedule. Contractor shall be represented by his superintendent of work. The City
will be represented by members of the organization having direct control of supervision of the project.
4-1.06 TIME OF COMPLETION. The Contractor shall prosecute and work to completion before the
expiration of forty-five (45) working days, beginning from the date specified in the Notice to Proceed.
The City will furnish the Contractor weekly a statement of working days remaining on the contract.
4-1.07 LIQUIDATED DAMAGES. Failure of the Contractor to complete the work within the time allowed
will result in damages being sustained by the City of San Mateo. Such damages will be determined. For each
consecutive calendar day in excess of the time specified for completion of the work (as adjusted), the
Contractor shall pay to the City of San Mateo, or have withheld from monies due it, the sum of the amount
necessary to cover any add-on costs or lost revenue and by cost plus an estimate of overhead costs incurred by
the City; e.g., inspection and administrative costs, loss of revenue or the cost of alternative services during
delay, etc.
Execution of the contract under these specifications shall constitute agreement by the City of San Mateo and
Contractor that $500.00 per working day is the minimum value of the costs and actual damage caused by
failure of the Contractor to complete the work within the allotted time, that liquidated damages shall not be
construed as a penalty, and that the amount calculated by the City may be deducted from payments due the
Contractor if such delay occurs.
4-1.08 LOCATION OF UTILITIES. The Contractor's attention is directed to Section 8-1.10 and 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 said installations.
Once the field marks are in place, the Contractor shall be responsible for all marked utilities damaged during
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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.
4-1.09 TRAFFIC AND ACCESS. The Contractor shall be responsible, during all phases of the work, to
provide for public safety and convenience by use of traffic cones, signs, lighted barricades, lights, and flagmen
as described and specified in the State of California, Department of Transportation MANUAL OF TRAFFIC
CONTROLS - For Construction and Maintenance Work Zones, 1996 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.
SECTION 4-2. ACCEPTANCE OF CONTRACT
4-2.01 SUBSTANTIAL COMPLETION OF WORK. The Contractor shall request an inspection to determine
substantial completion. The substantial completion of work is considered as for the benefit of the City that the
City's facility is ready for public use. The substantial completion of work for this project is defined to include
as a minimum: the completion of the 95% shown on the construction drawings; the street is open for regular
vehicle traffic, bicyclists, and pedestrians; and all the existing street and off-street facilities have been restored
to the pre -construction or better condition. If the inspection confirms that substantial completion has been
obtained, the City will issue a Notice of Substantial Completion and discontinue counting working days for the
project. The City will also issue a punch -list of any minor work items that must be completed prior to Final
Acceptance of the contract.
4-2.02 ACCEPTANCE OF CONTRACT. When the Engineer has made the fmal inspection as provided in
Section 5-1.13 "Final Inspection" of the Standard Specifications, including sign -off of all punch -list items, and
when the Contractor has submitted a set of full size blue lines of the contract plans with all the changes to
reflect "As Built" conditions, the Public Works Director will formally accept the contract file the Notice of
Completion. Immediately upon and after such acceptance by the Public Works Director, the contractor will be
relieved of the duty of maintaining and protecting the work as a whole, and he will not be required to perform
any further work thereon, except warranty work; and the Contractor shall be relieved of his responsibility for
injury to persons or property or damage to the work which occurs after the formal acceptance by the Public
Works Director. The City will release the retention 35 days after recording the Notice of Completion.
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SECTION 5. GENERAL
5-1 MISCELLANEOUS
5-1.02 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 cases where the prevailing wage determinations have a single asterisk (*) after the expiration date which are
in effect on the date of advertisement for bids, such determinations remain in effect for the life of the project.
Prevailing wage determinations which have double asterisks (**) after the expiration date indicate that the
basic hourly wage rate, overtime, and holiday pay rates, and employer payments to be paid for work performed
after this date have been predetermined. If work is extended past this date, the new rate must be paid and
should be incorporated in contracts the Contractor enters into.
Any contractor awarded a public works project who intends to use a craft or classification not shown on the
general prevailing wage determinations will be required to pay the wage rate of that craft or classification most
closely related to it as shown in the general determinations effective at the time the bids are opened.
A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of
the bidder to determine the correct scale. The City will keep a copy of the wage scale in the City Clerk's office
for the convenience of bidders. The State prevailing Wage rates may also be obtained from the California
Department of Industrial Relations Internet web site at http://www.dir.ca.gov. Any errors or defects in the
materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in
force. The Federal minimum wage rates for this project as predetermined by the United States Secretary of
Labor are set forth in Appendix IV.
Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of "Proposal and
Contract" books. Future effective general prevailing wage rates which have been predetermined and are on file
with the California Department of Industrial Relations are referenced but not printed in the general prevailing
wage rates.
Attention is directed to the Federal minimum wage rate requirements. If there is a difference between the
minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates
determined by the Director of the California Department of Industrial Relations for similar classifications of
labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not
accept lower State wage rates not specifically included in the Federal minimum wage determinations. This
includes "helper" (or other classifications based on hours of experience) or any other classification not
appearing in the Federal wage determination. Where Federal wage determinations do not contain the State
wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and
subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the
duties of the employees in question.
The U.S. Department of Transportation (DOT) provides a toll -free "hotline" service to report bid rigging
activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m. and 5:00 p.m.,
eastern time, Telephone No. 1-800-424-9071. Anyone with knowledge of possible bid rigging, bidder
collusion, or other fraudulent activities should use the "hotline" to report these activities. The "hotline" is part
of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is
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operated under the direction of the DOT Inspector General. All information will be treated confidentially and
caller anonymity will be respected.
Each Contractor and Subcontractor and any lower -tier Subcontractor shall submit weekly certified payrolls for
each work week from the time he starts work on the project until he completes his work. If he performs no
work on the project during a given work week, he may either submit a weekly payroll form with the notation,
"No work performed during this work week," or submit a letter to that effect. He should identify his initial and
final payrolls by marking them "Initial" and "Final." Payrolls shall be completed and submitted no later than
seven (7) work days following completion of the work week.
5-1.03 HOURS OF LABOR. Construction operations beyond the eight -hour normal workday and on legal
holidays may occur on occasion if approved in advance by the City. The Contractor shall notify the City
Engineer in writing twenty-four (24) hours prior to any non -emergency type overtime operations or forfeit the
sum of the job inspector's pay per day (or prorated portion thereof) for overtime work without written consent
of the City Engineer -- said sum to be deducted from any monies due the Contractor or paid directly to him.
Normal work day hours for this project shall be between 8:00 a.m. and 5:00 p.m. Monday through Friday
except:
All work at the following locations shall be done between 8:00 a.m. and 5:00 p.m. on Saturday or Sunday.
• W. Hillsdale Blvd, from Hwy 92 overpass to College of San Mateo Drive
• San Mateo Drive, from Baldwin Ave to Monte Diablo Ave
• Norfolk St, from 2"d Ave to Huron Ave
• Pacific Blvd, from Delaware St to 19ih Ave
• 28th Avenue, from El Camino Real to Alameda de las Pulgas
All work for this project must be completed before November 4, 2005. See plans for more details.
5-1.04 LABOR NONDISCRIMINATION. Attention is directed to the following Notice that is required by
Chapter 5 of Division 4 of Title 2, California Code of Regulations.
NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM
(GOV. CODE, SECTION 12990)
Your attention is called to the "Nondiscrimination Clause", set forth in Section 7-1.01A(4), "Labor
Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt state contracts and
subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set
forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts
of $5,000 or more.
5-1.06 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES. When the presence of asbestos
or hazardous substances are not shown on the plans or indicated in the specifications and the
Contractor encounters materials which the Contractor reasonably believes to be asbestos or a
hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos
or hazardous substance has not been rendered harmless, the Contractor may continue work in
unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the
affected area and report the condition to the Engineer in writing.
In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or
hazardous substances including exploratory work to identify and determine the extent of the asbestos
or hazardous substance will be performed by separate contract. If delay of work in the area delays
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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.
5-1.07 SAN MATEO BUSINESS LICENSE GUIDELINES. A business license shall be obtained as required
by the San Mateo Municipal Code, Chapter 5. Section 5.24.090 of said Chapter 5 provides that "Everyperson
conducting the business of contractor shall pay an annual tax.
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5-1.08 NOTICE OF POTENTIAL CLAIM. Section 9-1.04, "Notice of Potential Claim," of the Standard
Specifications is amended to read:
9-1.04 Notice of Potential Claim. The Contractor shall not be entitled to the payment of any additional
compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order,
or for the happening of any event, thing, occurrence, or other cause, unless he shall have given the Engineer
due written notice of potential claim as hereinafter specified. Compliance with this Section 91.04 shall not be
a prerequisite as to matters within the scope of the protest provisions in Section 41.03, "Changes," or Section 8
1.06, "Time of Completion," or the notice provisions in Section 5 1.116, "Differing Site Conditions," or
Section 8 1.07, "Liquidated Damages," or Section 8 1.10, "Utility and Non -Highway Facilities," nor to any
claim which is based on differences in measurements or errors of computation as to contract quantities.
The written notice of potential claim shall be submitted to the Engineer prior to the time that the Contractor
performs the work giving rise to the potential claim for additional compensation, if based on an act or failure to
act by the Engineer, or in all other cases within 15 days after the happening of the event, thing, occurrence, or
other cause, giving rise to the potential claim.
The written notice of potential claim shall be submitted on Form CEM 6201 furnished by the Department and
shall be certified with reference to the California False Claims Act, Government Code Sections 12650 -12655.
The notice shall set forth the reasons for which the Contractor believes additional compensation will or may be
due and the nature of the costs involved. Unless the amount of the potential claim has been stated in the
written notice, the Contractor shall, within 15 days of submitting said notice, furnish an estimate of the cost of
the affected work and impacts, if any, on project completion. Said estimate of costs may be changed or
updated by the Contractor when conditions have changed. When the affected work is completed, the
Contractor shall submit substantiation of his actual costs. Failure to do so shall be sufficient cause for denial of
any claim subsequently filed on the basis of said notice of potential claim.
It is the intention of this Section 9 1.04 that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may
be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he shall
have no right to additional compensation for any claim that may be based on any such act, failure to act, event,
thing or occurrence for which no written notice of potential claim as herein required was filed.
Should the Contractor, in connection with or subsequent to the assertion of a potential claim, request inspection
and copying of documents or records in the possession of the Department that pertain to the potential claim,
Contractor shall make its records of the project, as deemed by the Department to be pertinent to the potential
claim, available to the Department for inspection and copying.
5-1.09 ATTORNEY FEES. Attorney fees in amount not exceeding $85 per hour per attorney, and in total
amount not exceeding $5,000, shall be recoverable as costs (that is, by the filing of a cost bill) by the prevailing
party in any action or actions to enforce the provisions of this contract. The above $5,000 limit is the total of
attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number
of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have to pay the
other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this
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contract. The parties expect and hope there will be no litigation and that any differences will be resolved
amicably.
5-1.10 PAYMENT
5-1.10A GENERAL. Attention is directed to Section 9-1.06, "Partial Payments," and 9-1.07, "Payment After
Acceptance," of the Standard Specifications and these Special Provisions. Except as directed otherwise in
these specifications, full compensation for completing all of the work indicated on the plans and directed
herein is considered to be included in the contract unit prices paid for the various items of work and no
separate payment will be made therefor.
5-1.10B 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 retentions 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.
5-1.10C PARTIAL AND FINAL PAYMENTS. Contractor shall submit each month a "Monthly Progress
Payment Request" in accordance with the schedule established at the pre -construction conference. Contractor
shall use City's standard form for such requests and submit one original plus three (3) copies of each request.
Note: No partial payment will be made for any materials on hand which are furnished but not incorporated in
the work.
5-1.10D PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS. A prime contractor or subcontractor
shall pay a subcontractor not later than 10 days of receipt of each progress payment in accordance with the
provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to
subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any violation of
Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other
remedies of that section. Federal regulation (49 CFR 26.29) requires that any delay or postponement of
payment over 30 days of receipt of each payment may take place only for good cause and with the agency's
prior written approval. These requirements shall not be construed to limit or impair any contractual,
administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of
a dispute involving late payment, or nonpayment by the prime contractor, deficient subcontract performance, or
noncompliance by a subcontractor. This provision applies to both DBE and non -DBE prime contractors and
subcontractors.
5-1.10E PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS. The agency shall hold
retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as
determined by the agency of the contract work and pay retainage to the prime contractor based on these
acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from a
subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including
incremental acceptances of portions of the contract work by the agency. Federal regulation (49 CFR 26.29)
requires that any delay or postponement of payment over 30 days may take place only for good cause and with
the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor
or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California
Business and Professions Code. These requirements shall not be construed to limit or impair any contractual,
administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of
a dispute involving late payment, or nonpayment by the prime contractor, deficient subcontract performance, or
noncompliance by a subcontractor. This provision applies to both DBE and non -DBE prime contractors and
subcontractors.
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5-1.11 MEDIATION. Should any dispute arise out of this Agreement, any party may request a meeting
between the parties to resolve the dispute. Only in the event the dispute is not resolved as a result of such a
meeting, or the opposing party refuses to attend such a meeting, any party may request that it be submitted to
mediation. The parties shall mediate the dispute within 30 days of such a request. The mediator shall be
agreed to by the mediating parties: in the absence of an agreement, the parties shall each submit one name from
the mediators listed by either the American Arbitration Association, the California State Board of Mediation
and Conciliation, or other agreed -upon service. The mediator shall be selected by a "blindfolded" process.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party.
No party shall be permitted to file a legal action without first meeting in mediation and making a good faith
attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the
mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum
time is extended by the parties.
5-1.12 ARBITRATION. After mediation above, and upon agreement of the parties, any dispute arising out of
or relating to this agreement may be settled by arbitration in accordance with the Construction Industry Rules
of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be
entered in any court having jurisdiction thereof. The costs of arbitration shall be borne equally by the parties.
5-1.13 MOBILIZATION. Payment for mobilization, if included as a separately stated bid item, will be as
follows:
A. When the monthly partial payment estimate of the amount earned, not including the amount earned for
mobilization, is five percent (5%) or more of the original contract amount, fifty percent (50%) of the
contract item price for mobilization or five percent (5%) of the original contract amount, whichever is
the lesser, will be included in said estimate for payment.
B. When the monthly partial payment estimate of the amount earned, not including the amount earned for
mobilization, is ten percent (10%) or more of the original contract amount, the total amount earned for
mobilization shall be seventy-five percent (75%) of the contract item price for mobilization or 7.5
percent of the original contract amount, whichever is the lesser, and said amount will be included in
said estimate for payment.
C. When the monthly partial payment estimate of the amount earned, not including the amount earned for
mobilization, is twenty percent (20%) or more of the original contract amount, the total amount earned
for mobilization shall be ninety-five percent (95%) of the contract item price for mobilization or 9.5
percent of the original contract amount, whichever is the lesser, and said amount will be included in
said estimate for payment.
D. When the monthly partial payment estimate of the amount earned, not including the amount earned for
mobilization, is fifty percent (50%) or more of the original contract amount, the total amount earned
for mobilization shall be one hundred percent (100%) of the contract item price for mobilization or ten
percent (10%) of the original contract amount, whichever is the lesser, and said amount will be
included in said estimate for payment. Any remainder will be paid Contractor at close of the job.
The contractor price paid for mobilization shall include full compensation for furnishing all labor, materials,
tools, and equipment necessary for mobilization as specified herein.
5-1.14 SUBCONTRACTOR AND DBE RECORD. The Contractor shall maintain records showing the name
and business address of each fast -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.
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Upon completion of the contract, a summary of these records shall be prepared on "Final Report — Utilization
of Disadvantaged Business Enterprises (DBE), First Tier Subcontractors" Form CEM-2402 (F) and certified
correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Engineer.
The form shall be furnished to the Engineer within 90 days from the date of contract acceptance. The amount
of $10,000 will be withheld from payment until a satisfactory form is submitted.
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
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).
5-1.15 DBE CERTIFICATION STATUS. If a DBE subcontractor is decertified during the life of the project,
the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a
subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the
Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to
the Engineer. .
Upon completion of the contract, "Disadvantaged Business Enterprises (DBE) Certification Status Change"
Form CEM-2403 (F) indicating the DBE's existing certification status shall be signed and certified correct by
the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract
acceptance.
5-1.16 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS. The DBE's listed by the
Contractor in response to the requirements in the section of these Special Provisions entitled "Submission of
DBE Information and Award and Execution of Contract", which are determined by the Department to be
certified DBE's 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:
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.
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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.
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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.
5-1.17 SUBCONTRACTING. Attention is directed to the provisions in Section 8-1.01, "Subcontracting", of
the Standard Specifications, Section 2, "Proposal Requirements and 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.d r.ca.gov/du/Labor law/DLSE/Debar.html.
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 by 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.
In conformance with the Federal DBE regulations Sections 26.53 (0(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 DBE's must be certified on the date bids are opened does not apply to DBE substitution after award of the
contract.
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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:
I. 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, specially fabricates and installs a portions 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.
SECTION 5-2. CONTROL OF WORK
5-2.01 SURVEYING. Staking of line and grade will be done by the City survey crew at no cost to the
contractor once only. The Contractor shall notify the City 48 hours in advance when requesting construction
stakes. Resetting of survey stakes lost due to the contractor's negligence will be charged to the contractor at the
rate of $89.00 per man per hour or fraction thereof. The Engineer will be the judge of what constitutes
negligence. Any appeal of this decision will be referred to the Public Works Director. The Public Works
Director decision will exhaust the administrative procedures for appeal.
5-2.02 MEASUREMENT OF QUANTITIES. When payment for a work item is to be made on a tonnage
basis, the Contractor shall furnish the Engineer a legible copy of a licensed weigh -master's certificate showing
gross, tare and net weight of each truckload of material. Certificates shall be delivered to the Engineer at the
job site upon delivery of the material.
5-2.03 COOPERATION AND COLLATERAL WORK. The City of San Mateo, its workers and contractors,
and others, have the right to operate within or adjacent to the worksite to perform work. The City of San
Mateo, the Contractor, and each of such workers, contractors, and others, shall coordinate their operations and
cooperate to minimize interference.
5-2.04 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall
repair or replace all existing improvements not designated for removal which are damaged or removed as a
result of its operation. Improvements, such as but not limited to, curbs, gutters, sidewalks, driveways, fences,
walls, signs, pavements, raised pavement markers, thermoplastic pavement markings, signs, sprinkler systems,
or plantings, shall be repaired and replaced to a condition equal to or better than the original condition.
All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in
the various bid items and no additional compensation shall be made by City.
5-2.05 RECORD OF EXISTING TRAFFIC CONTROL AND TEMPORARY MARKERS. Prior to the
removal of any of the existing traffic control delineation, the contractor shall take whatever action is necessary
to ensure that said delineation can be accurately replaced at its previous location upon completion of base
failure repair or overlay.
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The new delineation shall be replaced not less than three nor more than four days after installation of the
overlay.
If on those streets not designated to be resurfaced, the existing traffic control system is impacted by base failure
repair, or other construction activities, the Contractor shall install temporary Davidson markers until the
permanent traffic control system can be replaced by the contractor.
The contractor shall provide temporary crosswalk markings until the permanent installation has been done.
All costs to the Contractor for temporary markings and removing it, shall be included in the various bid items
and no additional compensation shall be made by City.
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SECTION 7. WATER POLLUTION
7-1.01 WATER POLLUTION. In compliance with the "City of San Mateo Storm Water Management and
Discharge Rules and Regulations" ("Discharge Rules") the Contractor shall exercise every reasonable
precaution to prevent the discharge of any material which is not solely stormwater (i.e., rain) to the storm drain
system which includes, but is not limited to, catch basins, drainage channels, and creeks. Non -allowable
discharges include, but are not limited to, eroded soil from stockpiles or disturbed earth on -site, concrete and
concrete washout water, sawcut slurry, fuel, oil, and other vehicle fluids, solid wastes, and construction
chemicals.
Stormwater pollution control work is intended to provide prevention, control, and abatement of such
stormwater pollution, and shall consist of constructing those facilities which may be contained in the
Contractor's stormwater pollution control program, shown on the plans, specified herein, or directed by the
Engineer.
At the pre -construction conference the Contractor shall submit, for acceptance by the Engineer, a program to
control stormwater pollution effectively during construction of the project. Such program shall show the
schedule for the erosion control work included in the contract, if applicable, and for all stormwater pollution
control measures which the Contractor proposes to take in connection with construction of the project. The
Contractor shall include the following minimum actions as identified by the San Francisco Bay Regional Water
Quality Control Board (when applicable to project):
1. Stabilize site access points to avoid tracking materials off -site;
2. Stabilize denuded areas prior to the wet season (Oct. 15 through Apr. 15);
3. Protect adjacent properties;
4. Stabilize temporary conveyance channels and outlets;
5. Use sediment controls and filtration to remove sediment from water generated by dewatering;
6. Use proper materials and waste storage, handling, and disposal practices;
7. Use proper vehicle and equipment cleaning, fueling, and maintenance practices;
8. Control and prevent discharge of all potential construction -related pollutants;
9. Prepare a contingency plan in the event of unexpected rain or a control measure failure.
10. Protect all slot drains and curb inlets.
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
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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.
In accordance with the City of San Mateo Municipal Code Chapter 7.39, the Contractor is required to apply
and obtain a no -fee STOPPP (Stormwater Pollution Prevention Permit Program) construction permit prior to
the start of activities. The Costs of applying and obtaining the STOPPP permit, selecting/creating and
implementing BMPs (Best Management Practices) that will be effective in reducing and preventing pollutants
from entering the storm drainage systems will be included in the contract bid item and no additional
compensation shall be made.
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SECTION 8. MATERIALS
SECTION 8-1 BUY AMERICA REQUIREMENTS. Attention is directed to the "Buy America" requirements
of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA) Sections 1041 (a) and 1048 (a), and the regulations adopted pursuant thereto.
In accordance with said law and regulations, all manufacturing processes for steel 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,: alletized and reduced iron ore manufactured outside of the United States may be used in the
domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy
coating, galvanizing, painting and any other coating that protects or enhances the value of such steel or iron
materials shall be considered a manufacturing process subject to the "Buy America" requirements.
A certificate of compliance, conforming to the provisions in Section 6-1.07, "Certificates of Compliance," of
the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to
certifying that the materials comply with the specifications, shall also specifically certify that all manufacturing
processes for the materials occurred in the United States, except for the exceptions allowed herein.
The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and iron
materials if the total combined cost of such materials used does not exceed one -tenth of one percent (0.1%) of
the total contract cost or $2,500.00, whichever is greater. The Contractor shall furnish the Engineer acceptable
documentation of the quantity and value of any foreign steel and iron prior to incorporation such materials into
the work.
SECTION 8-2 STATE FURNISHED MATERIALS. NONE
8-3 RECYCLING REQUIREMENTS
The City of San Mateo will require the selected contractor for this contract to recycle a minimum of 100% by
weight of all asphalt concrete and Portland Cement Concrete generated from this project and to document both
their intended waste management plans and procedures as well as evidence of reaching the required diversion
rate by the end of the project.
At the pre -construction meeting, the contractor shall submit to the City for review and approval a solid waste
management plans identifying procedures to be used for management of waste generated by this project,
including the location of the facilities to be used for both disposal and recycling and the estimated quantities of
waste and recyclables.
The contractor may obtain construction and demolition recycling service provider listings and recycling
technical assistance from the Public Works Department, Recycling Specialist (650-522-7346 or
pwrecvcle(a,citvofsanmateo.org). Helpful background information and recycling resources are also available at
www.recycleworks.org.
At the conclusion of the project the contractor will be required to complete a Diversion Summary Compliance
form which documents materials recycled and disposed, facilities utilized, and weights of materials generated
by the project, as well as attach receipts that verify materials and quantities shown as disposed and recycled.
This form is to be submitted with the fmal "Request for Payment." Form is attached as Appendix H.
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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:
• Grinding 0.1' to 0.15 'AC pavement,
• Overlay 0:1' to 0.2' AC pavement
• Making base failure repair up to 8" deep,
• Removal of concrete sidewalk, curb and gutter,
• Construction of concrete sidewalk, curb and gutter,
• Furnishing and installing petromat,
• Furnishing and installing PavePrep SA or approved equal,
• Adjusting manhole to grade,
• Installation of traffic detector loops,
• Installation of traffic legend, marking, striping, and
• Other incidental work as shown on plans or as directed by the engineer
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SECTION 10 -CONSTRUCTION DETAILS
10-1.01 ORDER OF WORK: Order of work shall conform to the provisions in Section 5-1.05, `Order of
Work' of the Standard Specifications and these special provisions.
10-11. MOBILIZATION
10-11.01 GENERAL. Mobilization shall conform to the provisions in Section 11, "Mobilization," of the
Standard Specifications and to these Special Provisions.
The contractor shall notify in writing affected businesses, property owners, and residents of the proposed work
at least 48 hours before the work is to commence. In addition the contractor shall post notices along the street,
in parking lots, and deliver notices to affected businesses, property owners, and residents. Letter type notices,
8.5" x 11", will be prepared and hand delivered by the Contractor as approved by the Engineer. The
Contractor shall coordinate with the Police Department for towing and removal of any vehicles which have not
been removed by the owners and which interfere with any operations. Towing will be paid for by the owners of
said vehicles.
10-12.01 CONSTRUCTION AREA SIGNS. Construction area signs shall be furnished, installed, maintained,
and removed when no longer required, by the Contractor, in accordance with the provisions in Section 12,
"Construction Area Traffic Control Devices", of the Standard Specifications and these special provisions.
The Contractor shall notify the appropriate regional notification center for operators of subsurface installations
at least 2 working days, but not more than 14 calendar days, prior to commencing any excavation for
construction area sign posts. The regional notification centers include but are not limited to the following:
Notification Center Telephone
Underground Service Alert -Northern California (USA) 1(800) 642-2444
All excavations required to install construction area signs shall be performed by hand methods without the use
of power equipment, except that power equipment may be used if it is determined there are no utility facilities
in the area of the proposed post holes.
Contractor shall prepare eight (8) project information signs including hot line and emergency phone number(s),
dates of construction, construction company name and contact phone numbers, and any other information as
determined necessary by the Engineer, for installation at four locations, one at each end of the project streets.
Project signs are to be approved by the Engineer before installation. Contractor shall submit a detailed plan
with construction details and schedule of temporary pedestrian access paths and ramp system for review and
approval by the Engineer before beginning construction. All costs for project information signs shall be
considered as included in the costs for Construction Area Signs, and no separate payment will be allowed
therefore.
Construction area sign and marker panels conforming to the requirements in Section 12-3.06, "Construction
Area Signs," of the Standard Specifications shall be installed on barricades as directed by the Engineer at the
locations shown on the plans.
Sign panels for construction area signs and marker panels installed on barricades shall conform to the
requirements of sign panels for stationary mounted signs in Section 12-3.06A, "Stationary Mounted Signs," of
the Standard Specifications.
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Full compensation for the provision of construction area signs, including the furnishing of all labor, materials,
tools, equipment, and incidentals, and for doing all the work involved in furnishing construction area signs
required for the direction of public traffic through or around the work and for erecting or placing, maintaining
(including covering and uncovering as needed) and, when no longer required, removing construction area signs.
at locations shown on the plans, as specified in the Standard Specifications, these special provisions, and as
directed by the Engineer, shall be considered as included in the contract unit price paid for each sign and no
additional compensation will be allowed therefore.
Full compensation for furnishing, erecting, maintaining and removing any additional construction area signs
the Contractor may deem necessary will be considered as included in the unit price paid per each for
"Construction Area Signs" and no additional compensation will be allowed therefor.
Furnishing, erecting, maintaining, moving, and removing any additional construction area signs ordered by the
Engineer will be paid for as extra work as provided in Section 4-1.03D of the Standard Specifications.
10-12.02 PEDESTRIAN/PROPERTY ACCESS. Temporary access to private properties, business
establishments, etc., shall be provided by the Contractor at all times except when temporary closure is
authorized by the Engineer or is otherwise shown on the plans.
10-12.03 TRAFFIC CONTROL SYSTEM. A traffic control system shall consist of closing traffic lanes in
accordance with the details shown on T-11 through T-14 of the Standard Plans, the contract plans, the
provisions of Section 12, "Construction Area Traffic Control Devices" of the Standard Specifications, and
these special provisions. All traffic control plans proposed by the Contractor shall be reviewed and approved
by the Engineer prior to implementation.
The provisions in this section shall not relieve the Contractor from his responsibility to provide such additional
devices or take such measures as may be necessary to comply with the provisions in Section 7-1.09, "Public
Safety," of the Standard Specifications.
No traffic lanes may be closed before 8:30 a.m. or after 4:30 p.m. without written permission from the
Engineer. A traffic control plan, specific to each location, must be submitted and approved by the Engineer
before any closures can take place.
The contract lump sum price paid for Traffic Control System shall include full compensation for furnishing all
labor, materials, (including signs), tools, equipment and incidentals, and for doing all the work involved in
placing, removing, storing, maintaining, moving to new locations, employing reserve police, replacing and
disposing of the components of the traffic control system, including supervision and traffic handling plans, as
required by these special provisions, and as directed by the Engineer.
10-12.04 TEMPORARY PAVEMENT DELINEATION.
10-12.04A GENERAL. Temporary pavement delineation shall be furnished, placed, maintained, and
removed in conformance with the provisions in Section 12-101, "General," of the Standard Specifications and
these special provisions. Nothing in these special provisions shall be construed as reducing the minimum
standards specified in the Manual of Traffic Controls published by the Department or as relieving the
Contractor from the responsibilities specified in Section 7-1.09, "Public Safety," of the Standard
Specifications.
The Contractor shall provide temporary pavement delineation so that the same number of turning -lane and
through -lane will be maintained during construction.
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Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation
shall be in place prior to opening the traveled way to public traffic. Laneline or centerline pavement
delineation shall be provided at all times for traveled ways open to public traffic.
The Contractor shall perform the work necessary to establish the alignment of temporary pavement delineation,
including required lines or marks. Surfaces to receive temporary pavement delineation shall be dry and free of
dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement
delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained
until superseded or replaced with a new pattern of temporary pavement delineation or permanent pavement
delineation.
Temporary pavement markers, including underlying adhesive, and removable traffic tape which are applied to
the final layer of surfacing or existing pavement to remain in place or which conflicts with a subsequent or new
traffic pattern for the area shall be removed when no longer required for the direction of public traffic, as
determined by the Engineer.
10-12.04B TEMPORARY TRAFFIC STRIPE (TAPE). Temporary traffic stripe consisting of removable
traffic stripe tape shall be applied at the locations shown on the plans or at the direction of the engineer. The
temporary traffic stripe tape shall be complete in place at the location shown prior to opening the traveled way
to public traffic.
Removable traffic stripe tape shall be the temporary removable traffic stripe tape listed in "Approved Traffic
Products" of these special provisions.
Removable traffic stripe tape shall be applied in conformance with the manufacturer's installation instructions
and shall be rolled slowly with a rubber tired vehicle or roller to ensure complete contact with the pavement
surface. Traffic stripe tape shall be applied straight on tangent alignment and on a true arc on curved
alignment. Traffic stripe tape shall not be applied when the air or pavement temperature is less than 50°F,
unless the installation procedures to be used are approved by the Engineer, prior to beginning installation of the
tape.
When removable traffic stripe tape is specified for temporary left edgeline delineation, temporary reflective
pavement markers placed at longitudinal intervals of not more than 6 feet may be used in place of the
temporary traffic stripe tape. Temporary reflective pavement markers shall be one of the types of temporary
pavement markers listed for long term day/night use (6 months or less) in "Prequalified and Tested Signing and
Delineation Materials" elsewhere in these special provisions. When temporary reflective pavement markers are
used in place of tape, payment for those temporary pavement markers will be made on the basis of the
theoretical quantity of temporary traffic stripe (tape), required for the left edgeline the temporary pavement
markers replace.
10-12.04C TEMPORARY PAVEMENT MARKING (TAPE). Temporary pavement marking consisting of
removable pavement marking tape shall be applied at the locations shown on the plans. The temporary
pavement marking tape shall be complete in place at the location shown, prior to opening the traveled way to
public traffic.
Removable pavement marking tape shall be the temporary removable type pavement marking tape listed in
"Approved Traffic Products" of these special provisions and shall be applied and removed in conformance with
the provisions specified for applying and removing the temporary traffic stripe tape.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the
work involved in furnishing, applying, maintaining, removing and disposing of temporary pavement
delineation as specified herein and as directed by the Engineer, shall be considered as included at various bid
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items, and no additional compensation will be allowed therefor.
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10-15.04 SAW CUTTING. Payment for saw cutting shall be included in the associated bid items and no
separate payment will be made therefore. Saw cutting shall be accomplished using proper machinery in a neat
and clean manner. Existing features to remain shall not be damaged by saw cutting operations. No over -
cutting shall be allowed. Saw cut a minimum of 8" deep for asphalt concrete paving and base removal.
Water and slurry from saw cutting shall not be allowed to flow across pedestrian or vehicular way. All water
and slurry resulting from saw cutting operations shall be shoveled or vacuumed and completely removed from
the site.
10-15.07 ADJUST STORM DRAIN AND SANITARY SEWER MANHOLE TO GRADE. Existing storm
drain and sanitary sewer manholes shall be adjusted to grade in conformance with the provisions in Section
15-2.05, "Reconstruction," and Section 15-2.05A, "Frames, Covers, Grates and Manholes," of the Standard
Specifications, the Plans, these special provisions, and as directed by the Engineer.
Adjusting of manholes shall be accomplished by removing the existing frame and cover, removing the
existing concrete encasement, setting as many grade rings as necessary to adjust the manhole to the adjacent
fmal pavement grade, pouring a new concrete encasement with reinforcing steel, resetting the existing frame
and cover, and then replacing the asphalt concrete as necessary.
The manhole bases and openings shall be covered during the entire operation so that no debris can fall into
the storm drain and sanitary sewer systems. If debris does enter the system due to work done by the
Contractor, Contractor shall remove such debris at his own expense, at the direction of the Engineer.
The existing surface to receive a new grade ring or upon which the existing frame will be placed is to be
cleaned and all cracks and chips are to be filled with cement mortar to form a clean, neat surface equivalent to
the surface of a new component. Manholes shall not be adjusted to fmal grade until the adjacent surfacing has
been completed.
Concrete removal shall be performed without damage to any portion that is to remain in place. All damage to
the existing concrete, which is to remain in place, as a result of the Contractor's operations shall be repaired
with a cement mortar mix to a condition equal to that of a new manhole. If, in the Engineer's judgment, the
repaired manhole will not be equivalent to or better than a reconstructed manhole, the Contractor shall remove
the damaged part, and all parts above it, and then reconstruct the manhole. The cost of repairing and/or
replacing existing concrete, which, in the Engineer's judgment, was damaged by the Contractor's operations
shall be at the Contractor's expense.
All materials removed during adjustment, except the existing frame and cover, shall become the property of
the Contractor and shall be disposed of as provided in Section 7-1.13, "Disposal of Material Outside the
Highway Right -of -Way," of the Standard Specifications and Section 10, "Construction Waste Management,"
of these Special Provisions. If, in the Engineer's judgment, the existing frame and cover is unsuitable, the
unsuitable frame or cover shall be replaced with a new frame or cover. The cost of replacing unsuitable
frames and covers, which, in the Engineer's judgment, are unsuitable and not due to the Contractor's
operations shall be paid for on a Force Account basis provided for in Section 9-1.03 of the Standard
Specifications. Unsuitable frames and covers shall become the property of the Contractor and shall be
disposed of as provided above. The cost of replacing unsuitable frames and covers, which in the Engineer's
judgment were damaged by the Contractor's operations, will be at the Contractor's expense.
Payment for Adjusting Storm Drain and Sanitary Sewer Manholes to Grade shall be at the Contract unit price
per each for the type of manhole adjusted and shall include full compensation for providing all labor, tools,
materials and incidentals and for doing all work required to adjust storm drain and sanitary sewer manholes to
grade and no additional compensation will be allowed therefor.
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Manholes located outside of the paving areas shall not be adjusted to grade as part of this contract unless
directed by the engineer.
10-15.09 ADJUST SURVEY MONUMENT COVER TO GRADE. Existing survey monument covers shall
be adjusted to grade in conformance with the provisions in Section 15-2.05, "Reconstruction," and Section
15-2.05A, "Frames, Covers, Grates and Manholes," of the Standard Specifications, the Plans, these special
provisions, and as directed by the Engineer.
Payment for Adjusting Survey Monument Cover to Grade shall be at the Contract unit price per each and
shall include full compensation for providing all labor, tools, materials and incidentals and for doing all work
required to adjust survey monument cover to grade and no additional compensation will be allowed therefor.
No adjustment of the Contract bid price will be made for any increase or decrease in the quantities of
Adjusting Survey Monument Cover to Grade required. The provisions of Section 4-1.03B, "Increased or
Decreased Quantities," of the Standard Specifications shall not apply to this item.
10-15.11 REMOVE CURB AND GUTTER. Existing concrete curb and gutter, as designated by the
engineer or on the plans to be removed, shall be removed and disposed of.
Removed curb and gutter shall be disposed of outside the highway right of way in accordance with the
provisions in Section 7-1.13 of the Standard Specifications.
Contractor shall remove existing concrete curb and gutter to the nearest score joint at areas where new curb
and gutter conforms to existing.
Removing Curb and Gutter will be measured by the actual linear foot of curb and gutter removed.
The contract price paid per linear foot for Remove Curb and Gutter shall include full compensation for
furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in Removing
Curb and Gutter and disposing of material removed, including saw cutting, as specified in these special
provisions and as directed by the Engineer.
10-15.12 REMOVE CONCRETE SIDEWALK, DRIVEWAY, RAMPS. Existing concrete sidewalk,
driveway and ramps, designated on the plans to be removed, shall be removed and disposed of.
Removed sidewalk, driveway and ramps shall be disposed of outside the highway right of way in accordance
with the provisions in Section 7-1.13 of the Standard Specifications.
Removing Concrete Sidewalk, Driveway, Ramps will be measured by the actual square foot of sidewalk,
driveway, and ramps removed and will be paid for at the contract price per square foot for Remove Concrete
Sidewalk, Driveway, Ramps.
The contract price paid per square foot for Remove Concrete Sidewalk, Driveway, Ramps shall include full
compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work
involved in Removing Concrete Sidewalk, Driveway, Ramps and disposing of material removed, including
saw cutting, as specified in these special provisions and as directed by the Engineer.
10-15.22 REMOVE ASPHALT CONCRETE PAVING ON CONCRETE BASE (BASE FAILURE
REPAIR). Existing base and bituminous surfacing to be removed shall be removed to the limits and elevations
shown on the plans.
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Where a portion of existing surfacing is to be removed, the outline of the area to be removed shall be cut on a
neat line with a power -driven saw to a minimum depth of 0.17 -foot before removing the surfacing. At existing
street saw cut a minimum depth of 8" through asphalt concrete paving and concrete sub base. Removal shall
include asphalt paving and full depth of existing concrete base.
Full compensation for saw cutting existing surfacing shall be considered as included in the contract price paid
per square foot for Remove Asphalt Concrete Paving on Concrete Base and no additional compensation will be
allowed therefore.
The material removed shall be disposed of outside the highway right of way as provided in Section 15-2.03,
"Disposal," of the Standard Specifications.
Remove Asphalt Concrete Paving on Concrete Base will be measured by the square foot as shown on the bid
form for removing asphalt concrete paving on concrete base. The quantity to be paid for will be the actual area
of surface removed and will be paid for at the contract price per square foot for Remove Asphalt Concrete
Paving on Concrete Base.
The contract price paid per square foot for Remove Asphalt Concrete Paving on Concrete Base shall include
full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work
involved in removing asphalt concrete paving and base and disposing of material removed, including saw
cutting, as specified in these special provisions and as directed by the Engineer.
10-26. AGGREGATE BASES
Aggregate base shall be Class 2 and shall conform to the provisions in Section 26, "Aggregate Bases," of the
Standard Specifications and these special provisions. Aggregate base shall be produced from commercial
quality aggregate consisting of broken stone, crushed gravel, natural, clean, rough -surfaced gravel and sand, or
a combination thereof.
The grading of the material shall conform to the 3/4 -inch, maximum specified in Section 26-1.02A, "Class 2
Aggregate Base," of the Standard Specifications. Spreading and compacting shall be performed by methods
that will produce a uniform base, firmly and properly compacted, and free from pockets of coarse or fine
material. Aggregate base shall be placed where shown on the Plans, as specified in these special provisions
and as directed by the Engineer. Aggregate base that is used to provide temporary access to work areas and
driveways shall be paid for by the Contractor.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the
work involved in hauling and placing aggregate base (Class 2) in place as shown on the Plans, as specified in
the Standard Specifications, these special provisions, and as directed by the Engineer shall be considered as
included in the various items of work and no additional compensation will be allowed therefor.
10-39. ASPHALT CONCRETE
10-39.01 GENERAL. Asphalt concrete shall be Type B and conform to the provisions in Section 39,
"Asphalt Concrete," of the Standard Specifications and these special provisions.
The Contractor will be responsible for any damage to existing curbs, gutters, sidewalks and driveways, and any
asphalt concrete or asphaltic emulsion stains occurring during the course of this Contract. Stains will be
cleaned by sandblasting, or any other method satisfactory to the Engineer. The cost of repairing this damage
shall be considered as included in the various items of work and no additional compensation will be allowed
therefor..
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Any asphalt concrete placed outside the lines and dimensions shown on the Plans, which are unauthorized by
the Engineer, shall not be paid for. Such quantity of asphalt concrete will be determined by the Engineer using
any method which in the Engineer's opinion is best suited to obtain an accurate quantity, and such quantity will
be deducted from the total paid the Contractor.
10-39.02 PLANE ASPHALT CONCRETE PAVEMENT (GRINDING). Full pavement width of asphalt
concrete overlay areas, as shown on the Plans, shall be planed to 0.1'or 0.2' in accordance with these special
provisions, the Plans, and as directed by the Engineer.
Planing asphalt concrete pavement shall be performed by cold planing. The cold planing machine shall have a
cutter head at least 30 inches wide and shall be operated so as not to produce fumes or air pollution.
The depth, width and shape of the cut shall be as indicated on the Plans or as directed by the Engineer. The
Contractor is advised that more than one pass may be necessary to develop the specified depth and width. The
final planing cut shall result in a uniformly rough surface. The outside lines of the planed area shall be neat
and uniform. The road surfacing to remain in place shall not be damaged in any way. -
Project paving limit conforms shall be made by a transverse cut and shall be planed to a depth of 2".
Whenever such planed conforms exist in automobile or bicycle travel lanes,. the Contractor shall provide
asphalt ramps to provide a smooth transition between the two non -level surfaces as directed by the Engineer
and all at the Contractor's expense.
Any damage, as a result of the Contractor's operations, to asphalt concrete pavement, Portland Cement
Concrete curbs and gutters, and other existing improvements that are to remain shall be repaired or replaced by
the Contractor at his expense. The material planed from the roadway surface shall become the property of the
Contractor and shall be disposed of outside of the highway right-of-way in conformance with Section 7-1.13,
"Disposal of Materials Outside of the Highway Right -of -Way", of the Standard Specifications.
The Contract price paid per square foot for Plane Asphalt Concrete Pavement (Grinding) shall include full
compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work
involved in planing, transporting, placing, and/or disposing of bituminous surfacing as specified herein and no
additional compensation will be allowed therefor.
10-39.04 ASPHALT CONCRETE OVERLAY. Asphalt concrete for overlay cold planed areas shall be Type
B,' h" maximum, coarse grading and shall conform to the provisions in Section 39, "Asphalt Concrete," of the
Standard Specifications and these special provisions.
Any asphalt concrete placed outside the lines and dimensions shown on the Plans and which is not authorized
by the Engineer in writing shall not be paid for.
The contract price paid per ton for Asphalt Concrete Overlay shall include full compensation for furnishing all
labor, materials, tools, equipment, and incidentals, and for doing all work as shown on the Plans, including
asphalt concrete, placing, hand raking where required, and compacting as specified in the Standard
Specifications and these special provisions, and as directed by the Engineer.
10-39-4.03 PAVEMENT REINFORCING FABRICS
Pavement reinforcing fabric shall be in conformance with the provisions of Section 39-4.03, "Pavement
Reinforcing Fabrics" of the Standard Specifications and these special provisions.
The contract unit price per square yard of reinforcing fabric shall include full compensation for furnishing all
labor, materials, tools, equipment, and incidentals and for doing all the work involved in installing the
engineering fabric complete and in place, as specified in the Standard Specifications, City Standard Details,
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these special provisions, and as directed by the Engineer.
10-39-4.04 PAVEPREP
PavePrep SA (or approved equal) shall be in conformance
approved by the engineer:
ith the following specifications unless
Heat Stability:
Flammability:
Cold Flex:
Polymeric
Reinforcement:
Equivalent Glass
Reinforcement:
Elongation:
Tensile Strength:
Weight:
Density:
Caliper:
Absorption:
Brittleness:
Softening Point:
Specific Gravity
(Mastic Compound)
Product Specifics
No Dripping or delamination after 2 hours @ 190° F on a 2" x 5" sample (88° C on a
5 cm x 13 cm sample) suspended vertically mechanical convection oven
Self-extinguishing/NBR — Federal FMVSS 302
No Separation — ASTM D146-90
(2" x 5" specimen, 180° bend on 2" mandrel @ 0° F)
(5 cm x 13 cm specimen on 5 cm mandrel @ - 18° C)
Cycles to break (single fiber) — 2,100,000
Cycles to break (single fiber) — 30,500
100% - ASTM D412-87
2380 lbs/in.2 (167 kg/cm2) — ASTM D412-87
0.9 lbs/Ft2 (4.4kg/m2)
80 lbs/ft3 (1281 kg/m3) — ASTME12-70
0.135 in. (3.43mm), 95% retained after loading — ASTM D1777
1% maximum — ASTM D517-92
Passes — ASTM D517-92
212° F (100° C) minimum — ASTM D36-86
1.67 — ASTM D70-82
The minimum width of the self adhesive (SA) PavePrep shall be 12".
The contract unit price per linear foot of PavePrep SA shall include full compensation for furnishing all
labor, materials, tools, equipment, and incidentals and for doing all the work involved in installing the
PavePrep SA complete and in place, as specified in the Standard Specifications, City Standard Details,
these special provisions, and as directed by the Engineer.
10-51.04A CONCRETE SIDEWALK. Concrete sidewalk shall be Class 3 (5 sack mix), '/" maximum
aggregate, with 1 lb. lamp black per cubic yard added for coloration. The contract unit price per square foot
for Concrete Sidewalk shall include full compensation for furnishing all labor, materials, tools, equipment, and
incidentals and for doing all the work involved in Concrete Sidewalk, complete and in place, as specified in the
Standard Specifications, City Standard Details, these special provisions, and as directed by the Engineer.
10-51.04B HANDICAP RAMP. Same as for Concrete Sidewalk. The contract unit price per each Handicap
Ramp shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and
for doing all the work involved in Handicap Ramp, complete and in place, as specified in the Standard
Specifications, City Standard Details, these special provisions, and as directed by the Engineer.
10-51.04C COMMERCIAL DRIVEWAY. Same as for Concrete Sidewalk. The contract unit price per
square foot for Commercial Driveway shall include full compensation for furnishing all labor, materials, tools,
equipment, and incidentals and for doing all the work involved in Commercial Driveway, complete and in
place, as specified in the Standard Specifications, City Standard Details, these special provisions, and as
directed by the Engineer.
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10-84. THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS. Thermoplastic traffic
stripes and pavement markings shall conform to the provisions in Section 84-1, "General," and 84-2,
"Thermoplastic Traffic Stripes and Pavement Markings," of the Standard Specifications, these special
provisions, the Plans, and as directed by the Engineer.
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Thermoplastic stripes and pavement markings shall be applied hot in conformance with manufacturer's
recommended instructions and Section 84-2.04, "Application" of the Standard Specifications. Thermoplastic
material for traffic stripes and markings shall be applied at a minimum thickness of 0.070 inch. The Contractor
shall apply glass beads to the surface of the molten thermoplastic in accordance with Section 84-2.02,
"Materials," of the Standard Specifications. State Specifications for glass beads may be obtained from the
Transportation Laboratory, 5900 Folsom Boulevard, Sacramento, CA 95819, (916) 227-7000.
The Contractor is advised that it will be his responsibility to identify existing pavement markings and legends
within the project limits and to replace these pavement markings and legends to existing locations. Prior to
commencing any asphalt concrete operations, the Contractor and the Engineer shall inspect the location of all
legends and markings to be replaced.
Thermoplastic traffic stripes and pavement markings shall be paid for in accordance with Section 10-15.20 of
these special provisions.
10-86. SIGNALS, LIGHTING AND ELECTRICAL SYSTEMS
10-86.01 DESCRIPTION. Modifying and installing pedestrian lighting, and conduit as part of the street
improvements on Third and Fourth Avenue shall conform with the latest edition of the Caltrans Standard
Specifications Section 86 "Signal, Lighting and Electric Systems" of the Standard Specifications, and these
Specifications.
10-86.01.2 DETECTORS LOOPS
Detector loops as shown on the plans shall be installed in conformance with the provisions of Section 86-5,
"Detectors" and these special provisions.
At the contractor's option, where a Type A loop is indicated on the plans, a Type E loop may be substituted.
The diameter and spacing of the Type E detector loops, shown on Standard Plan ES -5B, is 6 feet and 10 feet,
respectively. The sides of the slot shall be vertical and the minimum radius of the slot entering and leaving the
circular part of the loop shall be 1'/z inches. Slot width shall be a maximum of 3/4 inch. Loop wire for circular
loops shall be Type 2. slots of circular loops shall be filled with elastomeric sealant or hot melt rubberized
asphalt sealant.
Residue resulting from slot cutting operations shall not be permitted to flow across shoulders or lanes occupied
by traffic and shall be removed from the pavement surface.
Slots shall be filled with asphaltic emulsion sealant.
Slots in asphalt concrete pavement shall be filled with asphaltic concrete sealant as follows:
After conductors are installed in the slots cut in the pavement, paint binder (tack coat) shall be applied to all
vertical surfaces of slots in accordance with the provisions in section 39-4.02, "Prime Coat and Paint binder
(Tack Coat)," of the Standard Specifications.
Temperature of sealant material during installation shall be above 70' F. Air temperature during installation
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shall be above 50°F. Sealant placed in the slots shall be compacted by use of an 8 inch diameter by 1/8 inch
thick steel hand roller or other tool approved by the Engineer. Compacted sealant shall be flush with the
pavement surface. Minimum conductor coverage shall be one inch. Excess sealant remaining after roller shall
not be reused. On completion of rolling, traffic will be permitted to travel over the sealant.
Where one detector consists of a sequence of 4 loops in a single lane, the front loop closest to the limit line
or crosswalk shall be Type D and located one foot from the limit line. All loops shall be connected in
series.
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SECTION 14: FEDERAL REQUIREMENTS FOR FEDERAL AID CONSTRUCTION PROJECTS
GENERAL. —The work herein proposed will be financed
in
whole or in part with Federal funds, and therefore all of the
statutes, rules and regulations promulgated by the Federal
Government
and applicable to work financed in whole or in part with
Federal funds will apply to such work. The "Required
Contract
Provisions, Federal -Aid Construction Contracts, "Form
FHWA
1273, are included in this Section 14, Whenever in said
required
contract provisions references are made to "SHA
contracting
officer," "SHA resident engineer," or "authorized
representative of
the SHA," such references shall be construed to mean
"Engineer"
as defined in Section 1-1.18 of the Standard Specifications.
PERFORMANCE OF PREVIOUS CONTRACT. In
addition
to the provisions in Section II, "Nondiscrimination," and
Section VII, "Subletting or Assigning the Contract," of the
required
contract provisions, the Contractor shall comply with the
following:
The bidder shall execute the CERTIFICATION WITH
REGARD
TO THE PERFORMANCE OF PREVIOUS
CONTRACTS
OR SUBCONTRACTS SUBJECT TO THE EQUAL
OPPORTUNITY CLAUSE AND THE FILING OF
REQUIRED
REPORTS located in the proposal. No request for
subletting or
assigning any portion of the contract in excess of $10,000
will
be considered under the 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.
Title 23, United States Code, Section 112, requires as a
condition
precedent to approval by the Federal Highway
Administrator
of the contract for this work that each bidder file a sworn
statement
executed by, or on behalf of, the person, firm, association,
or
corporation to whom such contract is to be awarded,
certifying that
such person, firm, association, or corporation has not,
either
directly or indirectly, entered into any agazntent,
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 DISADVANTAGED BUSINESS
ENTERPRISES
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
Eligibility
(This form need not be filled in if all joint venture firms are
DBE owned.)
1. Name ofjoint venture
2. Address ofjoint venture
3. P- hone number ofjoint venture
4. - Identify the firms which comprise the joint venture. (The
DBE partner must complete Schedule A.)
a. D- escribe the role of the DBE firm in the joint venture.
b. Describe very briefly the experience and business
qualifications of each non -DBE joint venturer:
5. Nature of the joint venture's business
6. Provide a copy of the joint venture agreement.
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7. What is the claimed percentage of DBE ownership?
8. Ownership of joint venture: (This need not be filled in if
described in the joint venture agreement, provided by
question 6.).
a. Profit and loss sharing.
b. Capital contributions, including equipment.
c. Other applicable ownership interests.
9, Control of and participation in this contract. Identify by
name, race, sex, and "firm" those individuals (and their
titles)
who are responsible for day-to-day management and policy
decision making, including, but not limited to, those with
prime responsibility for:
a. Financial decisions
b. Management decisions, such as:
1. Estimating
2. Marketing and sales
3. Hiring and firing of management personnel
4. Purchasing of major items or supplies
c. Supervision of field operations
Note. —If, after filing this Schedule B and before the
completion
of the joint venture's work on the contract covered by this
regulation, there is any significant change in the
information
submitted, the joint venture must inform the grantee, either
directly
or through the prime contractor if the joint venture is a
subcontractor.
Affidavit
"The undersigned swear that the foregoing statements are
correct
and include all material information necessary to identify
and explain the terms and operation of our joint venture
and the
intended participation by each joint venturer in the
undertaking.
Further, the undersigned covenant and agree to provide to
grantee current, complete and accurate information
regarding actual
joint venture work and the payment therefor and any
proposed
changes in any of the joint venture arrangements and to
permit the audit and examination of the books, records and
files
of the joint venture, or those of each joint venturer relevant
to
the joint venture, by authorized representatives of the
grantee or
the Federal funding agency. Any material misrepresentation
will be grounds for terminating any contract which may be
awarded and for initiating action under Federal or State
laws
concerning false statements."
Name of Firm Name of Firm
Signature Signature
Name Name
Title Title
Date Date
Date
State of
County of
On this day of , 19 _, before me
appeared (Name) , to me personally
known, who, being duly sworn, did execute the foregoing
affidavit,
and did state that he or she was properly authorized by
(Name of 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) to me personally
known,
who, being duly sworn, did execute the foregoing affidavit,
and
did state that he or she was properly authorized by (Name
of
firm) to execute the
affidavit
and did so as his or her free act and deed.
Notary Public
Commission expires
[Seal]
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GU—COMRS2005V004-O5 Street Reitabiltatbn Project -Phase llkonuact(mved).doc 75
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REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
(Exclusive of Appalachian Contracts)
L General
II. Nondiscrimination
Ill. Nonsegregated Facilities
IV. Payment of Predetermined Minimum Wage 6
V. Statements and Payrolls 8
VI. Record. of Materials, Supplies, and Labor 9
VII. Subletting or Assigning the Contract 9
VIII. Safety: Accident Prevention 10
IX. False Statements Concerning Highway Project 10
X. Implementation of Clean Air Act and Federal Water
Pollution Control Act 10
XI. Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion I I
XII. 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 contractor
shall insert in each subcontract all of the stipulations contained in
these Required Contract Provisions, and further require their
inclusion in any lower tier subcontract or purchase order that may in
turn be made. The Required Contract Provisions shall not be
incorporated by reference 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 Required
Contract Provisions shall be sufficient grounds for termination 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 I and 2a through 2g.
5. Disputes arising out of the labor standards provisions of Section
IV (except paragraph 5) and Section V of these Required Contract
Provisions shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the
procedures of the U.S. Department of Labor (DOL) as set forth in
Page 29 CFR 5, 6, and 7. Disputes within the meaning of this clause
3 include disputes between the contractor (or any of its subcontractors)
and the contracting agency, the DOL, or the contractor's employees
3 or their representatives.
5
FR -3
6. Selection of Labor: During the performance of this contract,
the contractor shall not:
a. discriminate against labor from any other State, possession, or
territory of the United States (except for employment preference
for Appalachian contracts, when applicable, as specified in
Attachment A), or
b. employ convict labor for any purpose within the limits of the
project unless it is labor performed by convicts who are on parole,
supervised release, or probation.
II. NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
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 imposed pursuant to
23 U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractor's project activities under this
contract. The Equal Opportunity Construction Contract
Specifications set forth under 41 CFR 60-43 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
(SEA) and the Federal Government in carrying out EEO obli-
gations and in their review of his/her activities under the contract.
b. The contractorwill accept as his operating policy the
following statement:
"Ft is the policy of this Company to assure that applicants are
employed, and that employees are treated during employment,
without regard to their race, religion, sex, color, national origin, age
or disability. Such action shall include: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship, preapprenticeship,
and/or on-the-job training."
2. EEO Officer: The contractor will designate and makeknown to
the SHA contracting officers an EEO Officer who will have the
responsibility for and must be capable of effectively
Form 1273 — Revised 3-95
08-07-95
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administering and promoting an active contractor program of EEO
and who must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's staff
who are authorized to hire, supervise, promote, and discharge
employees, or who recommend such action, or who are substantially
involved in such action, will be made fully cognizant of, and will
implement, the 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 implement
such policy will be brought to the attention of employees by means
of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor
will include in all advertisements for employees the notation: "An
Equal Opportunity Employer." All such advertisements will be
placed in publications having a large circulation among minority
groups in the area from which the project work force would normally
be derived.
a. The contractor will, unless precluded by a valid bargaining
agrwvient, 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 agi cement
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 EEC) contract
provisions. (The DOL has held that where implementation of such
agreements have the effect of discriminating against minorities or
women, or obligates the contractor to do the same, such
implementation violates Executive Order 11246, as amended.)
c. The contractor will encourage his present employees to refer
Form 1273 — Revised 3-95
08-07-95
FR -4
Q \pw`YWENG\ACON]RS\2005`.2004-05 Street Rehabilitation Project -Phase ll\contract(revised).doe
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, andemployee
benefits shall be established and administered, and personnel actions
of every type, including hiring, upgrading, promotion, transfer,
demotion, layoff, and termination, shall be taken without regard to
race, color, religion, sex, national origin, age or disability. The
following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities do
not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages
paid within each classification to determine any evidence of
discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection with
his obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant, such
corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform every
complainant of all of his avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minority group and women employees, and
applicants for employment.
b. Consistent with the contractor's work force requirements and
as permissible under Federal and State regulations, the contractor
shall make full use of training programs, i.e., apprenticeship, and
on-the-job training programs for the geographical area of contract
performance. Where feasible, 25 percent of apprentices or trainees
in each occupation shall be in their first year of apprenticeship or
training. In the event a special provision for training is provided
under this contract, this subparagraph will be superseded as
indicated in the special provision.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance re-
quirements for each.
d. The contractor will periodically review the training and
promotion potential of minority group and women employees and
will encourage eligible employees to apply for such training and
promotion.
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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 forth below:
a. The contractor will use best efforts to develop, in cooperation
with the unions, joint training programs aimed toward qualifying
more minority group members and women for membership in the
unions and increitsing the skills of minority group employees and
women so that they may qualify for higher paying employment.
b. The contractor will use best efforts to incorporate an EEO
clause into each union agreement to the end that such union will be
contractually bound to refer applicants without regard to their race,
color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the extent
such information is within the exclusive possession of the labor
union and such labor union refuses to furnish such information to
the contractor, the contractor shall so certify to the SHA and shall
set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with
a reasonable flow of minority and women referrals within the time
limit set forth in the collective bargaining agreement, the
contractor will, through independent recruitment efforts, fill the
employment vacancies without regard to race, color, religion, sex,
national origin, age or disability; making full efforts to obtain
qualified and/or qualifiable minority group persons and women.
(The DOL has held that it shall be no excuse that the union with
which the contractor has a collective bargaining agreement
providing for exclusive referral failed to refer minority employees.)
In the event the union referral practice prevents the contractor
from meeting the obligations pursuant to Executive Order 11246,
as amended, and these special provisions, such contractor shall
immediately notify the SHA.
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 subcontractor
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 authorized representatives of the
SHA and the FHWA.
a. The records kept by the contractor shall document the
following:
(I) The number of minority and non -minority group members
and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation with
unions, when applicable, to increase employment opportunities
for minorities and women;
(3) 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 firm agrees that a breach
of this certification is a violation of the EEO provisions of this
contract, The firm further certifies that no employee will be denied
access to adequate facilities on the basis of sex or disability.
b. As used in this certification, the term "segregated facilities"
means any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, time clocks, locker rooms, and
other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
facilities provided for employees which are segregated by explicit
directive, or are, in fact, segregated on the basis of race, color, reli-
gion, national origin, age or disability, because of habit, local
custom, or otherwise. The only exception will be for the disabled
when the demands for accessibility override (e.g. disabled
parking).
FR -5
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c. The contractor agrees that it has obtained or will obtain
identical certification from proposed subcontractors or material
suppliers prior to award of subcontracts or consummation of
material supply agreements of $10,000 or more and that it will
retain such certifications in its files.
IV. PAYMENT OF PREDETERMINED MINIMUM
WAGE
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located on
roadways classified as local roads or rural minor collectors, which are
exempt.)
1. General:
a. All mechanics and laborers employed or working upon the
site of the work will be paid unconditionally and not less often
than once a week and without subsequent deduction or rebate on
any account [except such payroll deductions as are permitted by
regulations (29 CFR 3)] issued by the Secretary of Labor under the
Copeland Act (40 U.S.C. 276c) the full amounts of wages and
bona fide fringe benefits (or cash equivalents thereof) due at time
of payment. The payment shall be computed at wage rates not less
than those contained in the wage determination of the Secretary of
Labor (hereinafter "the wage determination") which is attached
hereto and made a part hereof, regardless of any contractual re-
lationship which 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 I (b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on
behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of Section IV,
paragraph 3b, hereof. Also, for the purpose of this Section, regular
contributions made or costs incurred for more than a weekly period
(but not less often than quarterly) under plans, funds, or programs,
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period. Such
laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of
work actually performed, without regard to skill, except as
provided in paragraphs 4 and 5 of this Section IV.
b. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein, provided, that
the employer's payroll records accurately set forth the time spent in
each classification in which work is performed.
c. All rulings and interpretations of the Davis -Bacon Act and
related acts contained in 29 CFR I, 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 SHA contracting officer shall require that any class of
laborers or mechanics employed under the contract, which is not
listed in the wage determination, shall be classified in conformance
with the wage determination.
b. The contracting officer shall approve an additional
classification, wage rate and fringe benefits only when the
following criteria have been met:
(I) the work to be performed by the additional classification
requested is not performed by a classification in the wage
determination;
(2) the additional classification is utilized in the area by the
construction industry;
(3) the proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination; and
(4) with respect to helpers, when such a classification prevails
in the area in which the work is performed.
c. If the contractor or subcontractors, as appropriate, the laborers
and mechanics (if known) to be employed in the additional
classification or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the DOL,
Administrator of the Wage and Hour Division, Employment
Standards Administration, Washington, D.C. 20210. The Wage
and Hour Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30 -day
period that additional time is necessary.
d. In the event the contractor or subcontractors, as appropriate,
the laborers or mechanics to be employed in the additional
classification or their representatives, and the contracting officer
donot agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where
appropriate), the contracting officer shall refer the questions,
including the views of all interested parties and the
recommendation of the contracting officer, to the Wage and Hour
Administrator for determination. Said Administrator, or an
authorized representative, will issue a determination within 30
days of receipt and so advise the contracting officer or will notify
the contracting officer within the 30 -day period that additional
time is necessary
e. The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraph 2c or 2d of this Section IV shall
be paid to all workers performing work in the additional
classification from the first day on which work is performed in the
classification.
3. Payment of Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit which
is not expressed as an hourly rate, the contractor or subcontractors,
as appropriate, shall either pay the benefit
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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 Ap-
prenticeship and Training or a State apprenticeship agency
(where appropriate) to be eligible for probationary employment
as an apprentice.
(2) The allowable ratio of apprentices to journeyman -level
employees on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire
work force under the registered program. Any employee listed
on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be paid not less than
the applicable wage rate listed in the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio
permitted under the registered program shall he paid not less
than the applicable wage rate on the wage determination for the
work actually performed. Where a contractor or subcontractor
is performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage rates
(expressed in percentages of the joumeyman-level-hourly rate)
specified in the contractor's or subcontractor's registered
program shall be observed.
(3) Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeyman -level
hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be
paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Adminis-
trator for the Wage and Hour Division determines that a
different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination.
FR -7
Q:\pwMWENGA-CONTRS\2005\2004-05 Street Rehabilitation Project -Phase 11\contraatrevisuO.doc 80
(4) In the event the Bureau of Apprenticeship and Training,
or a State apprenticeship agency recognized by the Bureau,
withdraws approval of an apprenticeship program, the contractor
or subcontractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the
comparable work performed by regular employees until an
acceptable program is approved.
b. Trainees:
(I) Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the DOL,
Employment and Training Administration.
(2) The ratio of trainees to journeyman -level employees on
the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration.
Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less
than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
trainee performing work 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 receive the same fringe benefits
as apprentices.
(4) In the event the Employment and Training Administration
withdraws approval of a training program, the contractor or
subcontractor will no longer be permitted to utilize trainees at
less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
c. Helpers:
Helpers will be permitted to work on a project if the helper
classification is specified and defined on the applicable wage
determination or is approved pursuant to the conformance
procedure set forth in Section IV.2. Any worker listed on a
payroll at a helper wage rate, who is not a helper under an
approved definition, shall be paid not less than the applicable
wage rate on the wage determination for the classification of
work actually performed.
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5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill
training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal -aid
highway construction programs are not subject to the requirements of
paragraph 4 of this Section IV. The straight time hourly wage rates
for apprentices and trainees under such programs will be established
by the particular programs. The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of the
particular program.
6. Withholding:
The SHA shall upon its own action or 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 of40 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
FR -8
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9. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of any
authorized representative of the DOL withhold, or cause to be
withheld, from any monies payable on account of work performed by
the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other
Federally -assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph 8
above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located on
roadways classified as local roads orrural 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 1(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 I.
Whenever the Secretary of Labor, pursuant to Section 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(b)(2)(B) of the Davis Bacon Act, the contractor and each
subcontractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan
or program is financially repossible, that the plan or program has
been communicated in writing to the laborers or mechanics
affected, and show the cost anticipated or the actual cost incurred
in providing benefits. Contractors or subcontractors employing
apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprentices and trainees, and
ratios and wage rates prescribed in the applicable programs.
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c. Each contractor and subcontractor shall furnish, each week in
which any contract work is performed, to the SHA resident
engineer a payroll of wages paid each of its employees (including
apprentices, trainees, and helpers, described in Section IV,
paragraphs 4 and 5, and watchmen and guards engaged on work
during the preceding weekly payroll period). The payroll
submitted shall set out accurately and completely all of the
information required to be maintained under paragraph 2b of this
Section V. This information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose and
may be purchased from the Superintendent of Documents (Federal
stock number 029-005-0014-1), U.S. Government Printing Office,
Washington, D.C. 20402. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
d. Each payroll submitted shall be accompanied by a "Statement
of Compliance," signed by the contractor or subcontractor or
his/her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) that the payroll for the payroll period contains the
information required to be maintained under paragraph 2b of
this Section V and that such information is correct and
complete;
(2) that such laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the
full wages earned, other than permissible deductions as set forth
in the Regulations, 29 CFR 3;
(3) that each laborer or mechanic has been paid not less that
the applicable wage rate and fringe benefits or cash equivalent
for the classification of worked performed, as specified in the
applicable wage determination incorporated into the contract.
e. The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH-347 shall satisfy
the requirement for submission of the "Statement of Compliance"
required by paragraph 2d of this Section V.
f. The falsification of any of the above certifications may subject
the contractor to civil or criminal prosecution under 18 U.S.C.
1001 and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records re-
quired under paragraph 2b of this Section V available for inspec-
tion, copying, or transcription by authorized representatives of the
SHA, the FHWA, or the DOL, and shall permit such represen-
tatives to interview employees during working hours on the job. If
the contractor or subcontractor fails to submit the required records
or to make them available, the SHA, the FHWA, the DOL, or all
may, afterwritten notice to the contractor, sponsor, applicant, or
owner, take such actions as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request
or to make such records available may be grounds for debarment
action pursuant to 29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND
LABOR
1. On all Federal -aid contracts on the National Highway System,
except those which provide solely for the installation of protective
devices at railroad grade crossings, those which are constructed on a
force account or direct labor basis, highway beautification contracts,
and contracts for which the total final construction cost for roadway
and bridge is less than $1,000,000 (23 CFR 635) the contractor shall:
a. Become familiar with the list of specific materials and
supplies contained in Form FHWA-47, "Statement of Materials
and Labor Used by Contractor of Highway Construction Involving
Federal Funds," prior to the commencement of work under this
contract
b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in the work, andalso of
the quantifies of those specific materials and supplies listed on
Form FHWA-47, and in the unitsshownon 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.
FR -9
b. "Specialty Items" shall be construed to be limited to work that
requires highly specialized knowledge, abilities, or equipment not
ordinarily available in the type of contracting organizations
qualified and expected to bid on the contract as a whole and in
general are to be limited to minor components of the overall
contract.
Form 1273 — Revised 3-95
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2. The contract amount upon which the requirements set forth in
paragraph 1 of Section VII is computed includes the cost of material
and manufactured products which are to be purchased or produced by
the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or
supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance - with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its own
organizational resources (supervision; management, and engineering
services) as the SHA contracting officer determines is necessary to
assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise
disposed of except with the written consent of the SHA contracting
officer, or authorized representative, and such consent when given
shall not be construed to relieve the contractor of any responsibility
for the fulfillment of the contract. Written consent will be given only
after the SHA has assured that each subcontract is evidenced in
writing and that it contains all pertinent provisions and requirements
of the prime contract.
VIII. SAFETY: ACCIDENT PREVENTION
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 all
safeguards, safety devices and protective equipment and take any
other needed actions as it determines, or as the SHA contracting
officer may determine, to be reasonably necessary to protect the life
and health of employees on the job and the safety of the public and to
protect property in connection with the performance of the work
covered by the contract.
2. It is a condition of this contract, and shall be made a condition
of each subcontract, which the contractor enters into pursuant to this
contract, that 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).
IX. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high degree
of reliability on statements and representations made by engineers,
contractors, suppliers, and workers on Federal -aid highway projects,
it is essential that all persons concerned with the project perform their
functions as carefully, thoroughly, and honestly as possible. Willful
falsification, distortion, or misrepresentation with respect to any facts
related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts,
Fonn 1273 — Revised 3-95
08-07-95
the following notice shall be posted on each Federal -aid highway
project (23 CFR 635) in one or more places where it is readily
available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON
FEDERAL -AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever being an officer, agent, or employee of the United
States, or any State or Territory, or whoever, whether a person,
association, firm, or corporation, knowingly makes any false
statement, false representation, or false report as to the character,
quality, quantity, or cost of the material used or to be used or the
quantity or quality of the work performed or to be performed, or the
cost thereof in connection with the submission of plans, maps,
specifications, contracts, or costs ofconstruction on any highway or
related project submitted for approval to the Secretary of
Transportation,- or
Whoever knowingly makes any false statement, false repre-
sentation, false report or false claim with respect to the character,
quality, quantity, or cost of any workperformed or to be performed,
or materials furnished or to be furnished, in connection with the
construction of any highway or related project approved by the
Secretary of Transportation; or
Whoever knowingly makes any false statement or false repre-
sentation as to material fact in any statement, certificate, or report
submitted pursuant to provisions of the Federal -aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and sup-
plemented;
Shall be fined not more that $10,000 or imprisoned not more than
5 years or both."
X. IMPLEMENTATION OF CLEAN AIR ACT AND
FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $100,000 or more.)
By submission of this bid or the execution of this contract, or
subcontract, as appropriate, the bidder, Federal -aid construction
contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:
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 in implementation thereof (40 CFR 15) is not
listed, on the date of contract award, on the U.S. Environmental Pro-
tection Agency (EPA) List of Violating Facilities pursuant to 40 CFR
15.20.
2. That the firm agrees to comply and remain in compliance with
all the requirements of Section 114 of the Clean Air Act and Section
308 of the Federal Water Pollution Control Act and all regulations
and guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt of any
communication from the Director, Office of Federal Activities, EPA,
indicating that a facility that is or will be utilized
FR -10
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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 1 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 requirements.
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 immediate
written notice to the department or agency to whom this proposal
is submitted if any time the prospective primary participant learns
that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
e. 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 by the department or agency
entering into this transaction.
FR -11
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g. The prospective primary participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transaction," provided
by the department or agency entering into this covered transaction,
without modification, in all lower tier covered transactions and in
all solicitations for lower tier covered transactions.
h. A participant in a covered trancartion may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the
nonprocurement portion of the "Lists of Parties Excluded From
Federal Procurement or Nonprocurement Programs"
(Nonprocurement List) which is compiled by the General Services
Administration.
i. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of participant is not required to exceed that which
is normally possessed by a prudent person in the ordinary course of
business dealings.
j. Except for transactions authorized under paragraph f of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
may terminate this transaction for cause or default.
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion —Primary Covered Transactions
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 or a criminal offense in connection with
obtaining, attempting to obtain; or performing a public (Federal,
State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or local)
with commission of any of the offenses enumerated in paragraph
lb of this certification; and
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d. Have not within a 3 -year period preceding this ap-
plication/proposal had one or more public transactions (Federal,
State or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify
to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Covered
Transactions:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of $25,000 or more - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of
fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government,
the department or agency with which this transaction originated
may pursue available remedies, including suspension and/or debar-
ment.
c. The prospective lower tier participant shall provide immediate
written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its
certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "primary covered transaction," "participant," "person,"
"principal," "proposal," and "voluntarily excluded," as used in this
clause, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549. You may
contact the person to which this proposal is submitted for assis-
tance in obtaining a copy of those regulations.
e. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or
agency with which this transaction originated.
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 eligibility of its
principals. Each participant may, but is not required to, check the
Form 1273 — Revised 3-95
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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 department 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
1. 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)
I. The prospective participant certifies, by signing and submitting
this bid or proposal, to the best of his or her knowledge and belief,
that:
a. No Federal appropriated funds have 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
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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 when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31 U.S.C. 1352. Any
person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
3. The prospective participant also agrees by submitting his or her
bid or proposal that he or she shall require that the language of this
certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such recipients shall certify and disclose
accordingly.
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:
SM SA Counties:
6.8 5170 Modesto, CA 12.3
CA Stanislaus.
8120 Stockton, CA 24.3
CA San Joaquin.
Non-SMSA Counties 19.8
CA Alpine; CA Amador;
6.6 CA Calaveras; CA Mariposa;
CA Merced; CA Tuolumne.
SMSA Counties:
7120 Salinas -Seaside -
Monterey, CA . 28.9
CA Monterey.
7360 San Francisco -Oakland, CA. 25.6
CA Alameda; CA Contra Costa;
CA Marin; CA San Francisco;
CA San Mateo.
7400 San Jose, CA 19.6
CA Santa Clara.
7485 Santa Cruz, CA - 14.9
CA Santa Cruz.
7500 Santa Rosa, CA 9.1
CA Sonoma.
8720 Vallejo -Fairfield- Napa, CA 17.1
CA Napa; CA Solano
Non-SMSA Counties
CA Lake; CA Mendocino;
CA San Benito.
179 Fresno -Bakersfield, CA:
SMSA Counties:
0680 Bakersfield, CA 19.1
CA Kern.
2840 Fresno, CA 26.1
CA Fresno.
Non-SMSA Counties 23.6
CA Kings; CA Madera;
CA Tulare.
180 Los Angeles, CA:
SMSA Counties:
0360 Anaheim -Santa Ana -Garden
Grove, CA. 11.9
CA Orange.
4480 Los Angeles -Long
Beach, CA 28.3
CA Los Angeles.
6000 Oxnard -Simi Valley -
23.2 Ventura, CA 21.5
CA Ventura.
FR -13
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6780 Riverside -San Bernardino -
Ontario, CA.
CA Riverside;
CA San Bernardino.
7480 Santa Barbara -Santa Maria -
Lompoc, CA
CA Santa Barbara.
Non-SMSA Counties
CA Inyo; CA Mono;
CA San Luis Obispo.
Fonn 1273 — Revised 3-95
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181 San Diego, CA:
19.0 SMSA Counties
7320 San Diego, CA. 16.9
CA San Diego.
Non-SMSA Counties 18.2
19.7 CA Imperial.
24.6 In addition to the reporting requirements set forth elsewhere in this
contract the Contractor and subcontractors holding subcontracts, not
including material suppliers, of $10,000 or more, shall submit for
every month of July during which work is performed, employment
data as contained under Form FI-IWA PR -1391 (Appendix C to 23
CFR, Part 230), and in accordance with the instructions included
thereon.
FR -14
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APPENDIX I
2004/05 STREET REHABILITATION PROJECT - PHASE H
FEDERAL AID PROJECT NO.-STPLH-5102 (028)
CITY PROJECT NO. 467004-46000-467008
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
, 2005.
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)
described.
A notice was duly published for bids for the contract for the improvement hereinafter
(c) After notice duly given, on the date hereof, the City awarded the contract for the construction
of the improvements hereinafter described to Contractor.
1. Scope of Work. Contractor shall perform the work according to the Contract Book therefore
entitled:
IT IS AGREED, as follows:
2004/05 STREET REHABILITATION PROJECT - PHASE II
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, Addendums Number issued to the Contract Book; the State
of California, Department of Transportation, Standard Specifications for Construction of Local Streets and
Roads, July, 2002; the Faithful Performance Bond; and the Labor and Material Bond; and the labor Surcharge
and equipment Rental Rates in effect on the date the work is accomplished, which said special provisions,
project plans, Standard Plans, Standard Specifications, and Labor Surcharge and Equipment Rental Rates are
hereby specifically referred to and by such reference made a part hereof
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All rights and obligations of City and Contractor are fully set forth and described in the contract
documents.
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 occasionedCitythereby, 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 maybe 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 detuuuined 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.
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8. Insurance. The Contractor shall provide and maintain:
A. Commercial General Liability Insurance, occurrence form, with a limit of not less than
$1,000,000 each 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 insureds with respect to this Agreement and the performance of services in this
Agreement. The coverage shall contain no special limitations on the scope of its protection to the
above -designated insureds.
2. Be primary with respect to any insurance or self-insurance programs of City,
its officers, employees, and volunteers.
3. Be evidenced, prior to commencement of services, by properly executed
policy endorsements in addition to a certificate of insurance.
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 thereagainst; 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
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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.
12. Arbitration. After mediation above, and upon agreement of the parties, any dispute arising out
of or relating to this agreement may be settled by arbitration in accordance with the Construction Industry
Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may
be entered in any court having jurisdiction thereof. The costs of arbitration shall be borne equally by the
parties.
13. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to
and not in limitation of, any other rights or remedies available to City.
14. Notices. All notices shall be in writing, and delivered in person or transmitted by certified
mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to Contractor shall be addressed as appears in the signature block below.
15. Interpretation. As used herein any gender includes each other gender, the singular includes the
plural and vice versa.
IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereinabove named,
as of the day and year first above written.
CONTRACTOR CITY OF SAN MATEO, a
municipal corporation
By: MAYOR
ATTEST:
(Typed Name of Person Signing) CITY CLERK
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APPENDIX II
FEDERAL MINIMUM WAGES
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• GENERAL DECISION: CA20030029 06/17/2005 CA29
Date: June 17, 2005
General Decision Number: CA20030029 06/17/2005
Superseded General Decision Number: CA020029
State: California
Construction Types: Building, Heavy (Heavy, and Dredging) and
Highway
Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings,
Madera, Mariposa, Merced, Monterey, San Benito, San Francisco,
San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and
Tuolumne Counties in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING
PROJEC.IS (does not
include hopper dredge work); HEAVY CONSTRUCTION
PROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION
PROJECTS
Modification Number Publication Date
0 06/13/2003
1 01/16/2004
2 02/132004
3 02/20/2004
4 03/19/2004
5 05/07/2004
6 07/02/2004
7 08/06/2004
8 08/13/2004
9 08/27/2004
10 09/032004
11 10/29/2004
12 12/03/2004
13 12/17/2004
14 01/14/2005
15 01/28/2005
16 02/11/2005
17 04/082005
18 04/15/2005
19 04/22/2005
20 04/29/2005
21 05/20/2005
22 06/17/2005
AS B E0016-001 01/01/2005
Rates Hinges
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
Protective Coverings,
Coatings, and Finishes to all
types of mechanical systems)
Area 1 $37.88
Area 2 $ 36.38
13.20
insulation materials from
mechanical systems, whether
they contain asbestos or not)
Area 1 $ 26.30
Area 2 $ 24.91
4.77 .
4.69
AREA DESCRIPTIONS
AREA I: ALAMEDA, CONTRA COSTA, SAN FRANCISCO,
SAN MATEO AND
SANTA CLARA COUNTIES
AREA 2: CALAVERAS, FRESNO, KINGS, MADERA,
MARIPOSA, MERCED,
MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ,
STANISLAUS
AND TUOLUMNE COUNTIES
BRCA0003-00I 12/01/2004
Rates Fringes
Marble Finisher $ 25.62 8.87
BRCA0003-003 08/01/2004
Rates Fringes
Marble mason $ 35.39 14.92
BRCA0003-005 07/01/2004
Rates Fringes
Bricklayer
Alameda, Contra Costa, San
Benito, Santa Clara ..... ....$ 31.52 13.43
Calaveras, San Joaquin,
Stanislaus, Toulumne $ 27.50 .12.00
Fresno, Kings, Madera,
Mariposa, Merced $ 26.70
Monterey, Santa Cnrz $ 29.33
San Francisco, San Mateo....$ 32.70
-----------------
BRCA0003-008 07/012004
Rates Fringes
12.80
14.65
14.25
Terrazzo Finisher $ 18.87 8.11
Terrazzo Worker $ 33.80 13.90
BRCA0003-0I 104/01/2004
AREA 1: Alameda, Contra Costa, Monterey, San Benito, San
Francisco, San Mateo, Santa Clam, Santa Cruz
AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne
AREA 3: Fresno, Kings, Madera, Mariposa, Merced
13.20 Rates Fringes
ASBE0016-004 01/01/2005 Tile Finisher
Area I $ 18.87 8.06
Rates Fringes Area 2 $ 18.69 8.19
Area 3 $ 18.38 7.39
Asbestos Removal Tile Layer
worker/hazardous material Area 1 S 35.09 9.29
handler (Includes Area 2 $ 30.89 9.24
preparation, wetting, Area 3 $ 26.28 8.64
stripping, removal,
scrapping, vacuuming, bagging * CARP0022-001 08/01/2004
(0 41SPCO8O Msioo..os Sum Rdubiliuboe ea'rnm,cKmi+eS).Eoc 6 07/05/05
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AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa
Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced,
San
Joaquin, Stanislaus, Tuolumne Counties
Rates Fringes
Drywall Installers/Lathers:
Area I $ 31.25 14.085
Area 2 $ 25.37 14.085
Area 3 S 24.52 14.085
Drywall Stocker/Scrapper
Area 1 $ 15.63 8.475
Area 2 $ 12.69 8.475
Area 3 $ 12.26 8.475
PROJECTS $50,000,000 AND OVER (AREAS 2 & 3):
Wages For Drywall Installer/Lather shall be $3.50 additional
per hour. Wages for Stocker/Scrapper shall be $1.75
additional per hour.
CARP0034-00 I 07/01/2004
Rates Fringes
Diver
Assistant Tender, ROV
Tender/Technician $ 29.90 17.175
Diver standby $ 33.89 17.175
Diver Tender $ 32.89 17.175
Diver wet $ 67.78 17.175
Manifold Operator (mixed
gas) $ 37.89 17.175
Manifold Operator $ 32.89 17.175
DEPTH PAY (Surface Diving):
050 to 100 ft $2.00 per foot
101 to 150 ft $3.00 per foot
151 to 220 ft $4.00 per foot
SATURATION DIVING RATES:
Standby rate shall apply until saturation starts. Once under
pressure, the rate will be 6 time the Diver's 8 hour
minimum standby rate (24 times straight time Diver pay
rate); plus applicable rate for depth or pressure.
CARP0034-003 07/01/2004
Rates Fringes
Piledriver $ 29.90 17.175
CARP0035-002 07/01/2004
AREA I: Alameda, Contra Costa, San Francisco, San Mateo, Santa
Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3:. Calaveras, Fresno, Kings, Madera, Mariposa, Merced,
San
Joaquin, Stanislaus, Tuolumne Counties
Rates Fringes
Carpenters:
AREA I:
(1)Carpenter $ 31.25 13.645
(2) Hardwood Floorlayer;
Q V+^twra`++ew Conrarsoosaow-o5 sera Reandauine rmieu-roxe umtact revisal) cbc
Shingler; Power Saw
Operator; Steel Scaffold
& Steel Shoring Erector;
Saw Filer $ 31_40
(3) Bridge Builder 5 31.25
(4) Millwright $ 31.35
AREA 2: PROJECTS
$50,000,000 & OVER
(1) Carpenter $ 28.87
(2) Hardwood Floorlayer;
Shingler; Power Saw
Operator; Steel Scaffold
& Steel Shoring Erector;
Saw Filer $ 29.02
(3) Bridge Builder $ 31.25
(4) Millwright $ 31.35
AREA 2: PROJEC Is UNDER
$50,000,000
(1) Carpenter $ 25.37
(2) Hardwood Floorlayer;
Shingler; Power Saw
Operator; Steel Scaffold
& Steel Shoring Erector;
Saw Filer $ 25.52
(3) Bridge Builder.........$ 31.25
(4) Millwright $ 27.87
AREA 3: PROJECTS
$50,000,000 & OVER
(1) Carpenter $ 27.52
(2) Hardwood Floorlayer;
Shingler; Power Saw
Operator; Steel Scaffold
& Steel Shoring Erector;
Saw Filer $ 27.67
(3) Bridge Builder $ 31.25
(4) Millwright $ 30.02
AREA 3: PROJECTS UNDER
$50,000,000
(I) Carpenter $ 24.02
(2) Hardwood Floorlayer;
Shingler; Power Saw
Operator; SteelScaffold
& Steel Shoring Erector;
Saw Filer $ 24.17
(3) Bridge Builder $ 31.25
(4) Millwright $ 26.52
CARP0035-007 07/01/2004
13.645
13.645
14.985
13.645
13.645
13.645
14.985
13.645
13.645
13.645
14.985
13.645
13.645
13.645
14.985
13.645
13.645
13.645
14.985
AREA I: Alameda, Contra Costa, San Francisco, San Mateo, Santa
Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced,
San
Joaquin, Stanislaus, Tuolumne Counties
Rates Fringes
Modular Furniture Installer
Area 1
Installer I $ 19.18 9.485
Installer II $ 15.75 9.485
Lead Installer $ 22.63 9.985
Master Installer $ 26.85 9.985
Area 2
Installer 1 $ 16.53 9.485
Installer 11 $ 13.58 9.485
Lead Installer S 19.50 9.985
Master Installer $ 23.13 9.985
Area 3
Installer I $ 15.58 9.485
07/05/05
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Installer II $ 12.81 9.485
Lead Installer $ 18.38 9.985
Master Installer $ 21.80 9.985
ELEC0006-001. 12/01/2003
ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO,
SAN FRANCISCO,
SAN MATEO, SANTA CLARA, AND SANTA CRUZ
COUNTIES
Rates Fringes
Communications System
Sound & Communications
Installer $ 24.57 3%+7.95
Sound & Communications
. Technician $ 27.98 3%+7.95
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 alann work when installed
in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are
installed in conduit; excluding installation of raceway
systems, line voltage work, industrial work, life -safety
systems (all buildings having floors located more than 75'
above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
ELEC0006-007 06/01/2004
SAN FRANCISCO COUNTY
Rates Fringes
Electrician $45.55 3%+14.685
ELEC000G-008 12/01/1999
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN,
STANISLAUS AND
TUOLUMNE COUNTIES
Rates Fringes
Communications System
Sound & Communications
Installer $ 18.72
Sound & Communications
Technician $ 21.31
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.
El Ff'0100-002 12/01/2004
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
Electrician $ 27.40 3%+11.30
ELECO 100-005 12/01/2004
FRESNO, KINGS, MADERA AND TULARE COUNTIES
Rates Fringes
Communications and Systems
Installer $ 21.44 3%+9.40
SCOPE OF WORK
Includes the installation testing, service and maintenance,
of the following systems which utilize the transmission
and/or transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes
for the following: TV monitoring and surveillance,
background -foreground music, intercom and telephone
interconnect, 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 music, Intercom and telephone
interconnect systems, Telephone systems Nurse call systems,
Radio page systems, School intercom and sound systems,
Burglar alarm systems, Low voltage, master clock systems,
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
3%+4.10 D. SECURITY SYSTEMS Perimeter security systems Vibration
sensor systems Card access systems Access control systems,
3%+4.10 Sonar/infrared monitoring equipment
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
Q:swAPWENON CONTRs100S3004.05 Street Rehabilitation PPojat.Pbsselrmotradtreimlt doc
E. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR
RECEIVE
INFORMATION AND/OR CONTROL SYSTEMS THAT ARE
INTRINSIC TO
THEABOVE 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
07/5/05
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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.
ELECO234-001 12/27/2004
MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes
Electrician $ 33.21 3%+16.19
El FC0302-001 06/01/2004
CONTRA COSTA COUNTY
Rates Fringes
Cable splicer $ 46.42 3%+13.15
Electrician $ 41.26 3%+13.15
ELEC0332-001 05/31/2004
SANTA CLARA COUNTY
Rates Fringes
Cable. splicer $ 48.21 3%+14.57
Electrician $ 41.82 3%+14.57
FOOTNOTES: Work under compressed air or where gas masks
are
required, orwork on ladders, scaffolds, stacks, "Bosun's
chairs," or other structures and where the workers are not
protected by permanent guard rails at a distance of 40 to
60 ft. from the ground or supporting structures: to be paid
one and one-half times the straight -time rate of pay.
Work on structures of 60 ft. or over (as described above):
to be paid twice the straight -time rate of pay.
El R-0595-001 06/01/2005
ALAMEDA COUNTY
Rates Fringes
Cable splicer $ 44.44 3%+17.90
Electrician $ 39.50 3%1-17.90
ELEC0595-002 12/01/2004
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
Electricians
(I) Tunnel work. $ 31.21 7.5%+16.96
(2) All other work $ 31.08 7.5%+16.96
ELEC0617-001 06/01/2004
SAN MATEO COUNTY
Rates Fringes
Electrician $ 43.50 3%+13.66
ELEC0684-001 01/012005
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE
COUNTIES
Rates Fringes
Cable splicer $ 33.63 6.5%+11.50
Electrician $ 30.57 6.5%+I 1.50
ELEC 1245-001 01/01/2005
Rates Fringes
Line Construction
(1) Lineman; Cable splicer..$ 35.01 3.75%+9.93
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), and overhead
and underground
distribution line
equipment) $ 29.76 3.75%+9.25
(3) Groundman $ 22.76 3.75%+9.25
(4) Powderman $ 33.27 3.75%+9.29
ELE V 0008-00I 08/01/2001
Rates Fringes
Elevator Mechanic $ 42.735 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.
ENGI0003-008 07/01/2004
Rates Fringes
Dredging: (DREDGING:
CLAMSHELL & DIPPER DREDGING;
HYDRAULIC SUCTION DREDGING)
AREA 1:
(1) Leverman $ 35.31 15.72
(2) Dredge Dozer; Heavy
duty repairman $ 30.35 15.72
(3) Booster Pump
Operator, Deck Engineer;
Deck mate; Dredge
Tender; Winch Operator $ 29.23
(4) Bargeman; neckband;
Fireman; Leveehand; Oiler$ 25.93
AREA 2:
(I) Leverman $ 37.31 15.72
(2) Dredge Dozer; Heavy
duty repainnan $ 32.35 15.72
15.72
15.72
6)Aw'V WENGU_coN pa0005 20x4-05 Sava Rehabmu ion Pojm-Phase I t ncitrw6Mlhe
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(3) Booster Pump
Operator; Deck Engineer;
Deck mate; Dredge
Tender; Winch Operator $ 31.23
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler$ 27.93
AREA DESCRIPTIONS
PLUMAS COUNTY:
Area 1: Western portion
Area 2: Remainder
15.72
SHASTA COUNTY:
15.72 Area. 1: All but the Northeastern corner
Area 2: Remainder
AREA 1: ALAMEDA,BUTTE, CONTRA COSTA, KINGS,
MARIN, MERCED,
NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO,
SAN IOAQUIN,
SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO,
STANISLAUS,
SUTTER, YOLO, AND YUBA COUNTIES
AREA 2: MODOC COUNTY
THE REMAINGING COUNTIES ARE SPLIT BETWEEN
AREA I AND AREA 2
AS NOTED BELOW:
ALPINE COUNTY:
Area I: Northernmost part
Area 2: Remainder
CALAVERAS COUNTY:
Area I: Remainder
Area 2: Eastern part
COLUSA COUNTY:
Area 1: Eastern part
Area 2: Remainder
ELDORADO COUNTY:
Area 1: North Central part
Area 2: Remainder
FRESNO COUNTY:
Area I: Remainder
Area 2: Eastern part
GLENN COUNTY:
Al ea t: Eastern part
Area 2: Remainder
LASSEN COUNTY:
Area 1: Western part along the Southern portion of border
with Shasta County
Area 2: Remainder
MADERA COUNTY:
Area 1: Except Eastern part
Area 2: Eastern part
MARIPOSA COUNTY
Area 1: Except Eastern part
Area 2: Eastern part
MONTERREY COUNTY
Area 1: Except Southwestern part
Area 2: Southwestern part
NEVADA COUNTY:
Area I: All but the Northern portion along the border of
Siena County
Area 2: Remainder
PLACER COUNTY:
Areal: AI but the Central portion
Area 2: Remainder
Q1/2neTWIINOW_WNTR5120052004.05 Street Rebalili Project-:
ml
SIERRA COUNTY:
Area 1: Western part
Area 2: Remainder
SISKIYOU COUNTY:
Area I: Central part
Area 2: Remainder
SONOMA COUNTY:
Area 1: All but the Northwestern corner
Area 2: Remainder
TEHAMA COUNTY:
Area 1: AI but the Western border with Mendocino & Trinity
Counties
Area 2: Remainder
TRINITY COUNTY:
Area 1: East Central part and the Northeastern border with
Shasta County
Area 2: Remainder
TUOLUMNE COUNTY:
Area I: Except Eastern part
Area 2: Eastern part
* ENGI0003-018 06/16/2005
Rates Fringes
Power Equipment Operator
(AREA I:)
GROUP 1 . $ 34.77
GROUP 2 $ 33.24
GROUP 3 $ 31.76
GROUP 4 $ 30.38
GROUP 5 $ 29.11
GROUP 6 $ 27.79
GROUP 7 $ 26.65
GROUP 8 $ 25.51
GROUP 8-A $ 23.30
Power Equipment Operators -
MI Cranes and Attachments:
(AREA 1:)
GROUP I
Cranes $ 35.65 16.07
Oiler $ 26.39 16.07
Truck crane oiler $ 28.68 16.07
GROUP 2
Cranes $ 33.89 16.07
Oiler $ 26.18 16.07
Truck craneoiler $28.42 13.51
GROUP 3
Cranes $ 32.15 16.07
Hydraulic $ 27.79 16.07
Oiler $ 25.90 16.07
Track Crane Oiler $ 28.18 16.07
Power Equipment Operators -
Piledrivers: (AREA I:)
GROUP
Lifting devices $ 35.99 16.07
Oiler $ 26.73 16.07
Truck crane oiler $ 29.01 16.07
GROUP 2
Lifting devices $ 34.17 16.07
16.07
16.07
16.07
16.07
16.07
16.07
16.07
16.07
16.07
07/05/05
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Oiler $ 26.46
Truck Crane Oiler $ 28.76
GROUP 3
Lifting devices $ 32.49
Oiler $ 26.24
Truck Crane Oiler $ 28.47
GROUP 4 $ 30.72
GROUP 5 $ 28.08
GROUP 6 $ 25.85
Power Equipment Operators -
Steel Erection: (AREA I:)
GROUP I
Cranes $ 36.62
Oiler $ 27.07
Truck Crane Oiler $ 29.30
GROUP 2
Cranes $ 34.85
Oiler $ 26.80
Truck Crane Oiler $ 29.08
GROUP 3
Cranes $ 33.37 16.07
Hydraulic $ 28.42 16.07
Oiler $ 26.56 16.07
Truck Crane Oiler $ 28.81 16.07
GROUP 4 $ 31.35 16.07
GROUP 5 $ 30.05 16.07
Power Equipment Operators -
Tunnel and Underground Work:
(AREA 1:)
SHAFTS, STORES, RAISES:
GROUP I $ 30.87
GROUP l -A $ 33.34
GROUP 2 $ 29.51
GROUP 3 $ 28.28
GROUP 4 $ 27.14
GROUP 5 $ 26.00
UNDERGROUND:
GROUP t $ 30.77 16.07
GROUP 1-A $ 33.24 16.07
GROUP 2 $ 29.51 16.07
GROUP 3 $ 28.18 16.07
GROUP 4 $ 27.04 16.07
GROUP 5 $ 25.90 16.07
FOOTNOTE: Work suspended by ropes or cables, or work on a
Yo -Yo Cat: $.60 per hour additional.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP I: 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.; Licensed construction work boat operator, on site;
Microtunneling machine
GROUP 3: Asphalt milling machine; Cable backhoe; Combination
backhoe and loader over 3/4 cu. yds.; Continuous flight tie
back machine assistant to enginer or mechanic; Crane
mounted continuous flight tie back machine, tonnage to
apply; Crane mounted drill attachment, tonnage to apply;
Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2
cu, yds.; Loader 4 cu. yds. and over; Multiple engine
scraper (when used as push pull); Power shovels, up to and
including I 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); Long reach excavator
GROUP 4: Asphalt plant engineer/box person; Chicago boom;
Q:vMWWENGV,_coNTRS0WSSWa0s Sired Rdabtution Project -Phase arvmaae tSl.drc
16.07 Combination backhoe and loader up to and including 3/4 cu.
16.07 yd.; Concrete batch plant (wet or dry); Dozer and/or push
cat; Pull- type elevating loader, Gradesetter, grade
16.07 checker (GPS, mechanical or otherwise); Grooving and
16.07 grinding machine; Heading shield operator; Heavy-duty
16.07 drilling equipment, Hughes, LDH, Watson 3000 or similar;
16.07 Heavy-duty repairperson and/or welder; Lime spreader;
16.07 Loader under 4 cu. yds.; Lubrication and service engineer
16.07 (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,
16.07 asphalt; Rubber -tired scraper, self -loading (paddle -wheels,
16.07 etc.); Rubber- tired earthmoving equipment (scrapers); Slip
16.07 form paver (concrete); Small tractor with drag; Soil
stabilizer (P & H or equal); Timber skidder; Track loader
16.07 up to 4 yds.; Tractor -drawn scraper; Tractor, compressor
16.07 drill combination; Woods -Mixer (and other similar Pugmil
16.07 equipment); Spider plow and spider puller; Tubex pile rig;
Unlicensed construction work boat operator, on site
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 waterlines,
wagon drills or jackhammers); Concrete mixer/all; Person
and/or material hoist; Mechanical finishers (concrete) (Clary, Johnson, Bidwell Bridge Deck or similar types);
16.07 Mechanical burr, curb and/or curb and gutter machine,
16.07 concrete or asphalt); Mine or shaft hoist; Portable
16.07 crusher; Power jumbo operator (setting slip -forms, etc., in
16.07 tunnels); Screed (automatic or manual); Self-propelled
16.07 compactor with dozer; Tractor with boom D6 or smaller;
16.07 Trenching machine, maximum digging capacity over 5 ft.
depth; Veneer T-6008 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; Self -loading chipper, Concrete
barrier moving machine
GROUP 7: Ballast regulator, Boom truck or dual-purpose
A -frame truck, non -rotating - under 15 tons; Truck -mounted.
rotating telescopic boom type lifting device, Manitex or
similar (boom truck) - under 15 tons; Cary lift or similar;
Combination slurry mixer and/or cleaner; Drilling •
equipment, 20 ft. and under m.r.c.; Firetender (hot plant);
Grouting machine operator; Highline cableway signalperson;
Stationary belt loader (Kolman or similar); Lift slab
machine (Vagtborg and similar types); Maginnes internal
full slab vibrator; Material hoist (I 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);
07/05/05
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Self-propelled compactor (without dozer); Signalperson;
Slip -form pumps (lifting device for concrete forms); Tie
spacer, Tower mobile; Trenching machine, maximum digging
capacity up to and including 5 ft. depth; Truck- type loader
GROUP 8: Bit sharpener; Boiler tender; Box operator;
Brakeperson; Combination mixer and compressor
(shotcrete/gunite); Compressor operator; Deckhand; Fire
tender; Forklift (under 20 ft); Generator;
Gunite/shotcrete equipment operator; Hydraulic monitor; Ken
seal machine (or similar); Mixermobile; Oiler; Pump
operator; Refrigeration plant; Reservoir -debris tug (self-
propelled floating); Ross Carrier (construction site);
Rotomist operator; Self-propelled tape machine; Shuttlecar;
Self-propelled power sweeper operator (includes vacuum
sweeper); Slusher operator; Surface heater; Switchperson;
Tar pot firetender; Tugger hoist, single drum; Vacuum
cooling plant; Welding machine (powered other than by
electricity) GROUP 8-A: Elevator operator; Skidsteer
loader -Bobcat 743 series or smaller, and. similar (without
attachments); Mini excavator under 25 H.P.
(backhoe-trencher); Tub grinder wood chipper
----------------
ALL CRANES AND ATTACHMENTS
GROUP I: 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; Tower crane
GROUP 3: Clamshell and dragline up to and including I cu.
yd.; Cranes 45 tons and under; Self-propelled boom -type
lifting device 45 tons and under; Boom truck or dual
purpose a -frame truck, non -rotating over 15 tons;
Truck -mounted rotating telescopic boom type lifting device,
Manitex or similar (boom truck) over 15 tons; Mobile
self -erecting tower crane (Potain) three (3) stories and
under
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; Fundex F-12 'hydraulic pile rig
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
STEEL ERECTORS
QAprAPwUNGA_CONrn.NWS2W0-05 Sired Rehabilitation eryat.Phaze IMovo-xi(ee itdtAx
GROUP I: 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
GROUP 5: Boom cat
TUNNEL AND UNDERGROUND
GROUP I -A: Tunnel bore machine operator, 20' diameter or more
GROUP I: Heading shield operator; Heavy-duty repairperson;
Mucking machine (rubber tired, mil 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
GROUP 5: Bit sharpener; Brake person; Combination mixer and
compressor (gunite); Compressor operator; Oiler (assistant
to engineer); Pump operator; Slusher operator
AREA DEFINITIONS
(not applicable to Piledrivers and SteelErectors)
DEL NORTE COUNTY: Area 1: Extreme Southwestern corner
Area 2:
Remainder
HUMBOLDT COUNTY: Area 1: Except Eastern and
Southwestern
parts Area 2: Remainder
LAKE COUNTY: Area 1: Southern part Area 2: Northern part
MENDOCINO COUNTY: Area I: Central and Southeastern parts
Area
2: Remainder
IRON0002-004 07/01/2004
Rates Fringes
Ironworkers:
Fence Erector $ 27.02 14.74
Ornamental, Reinforcing
and Structural $ 27.91 14.74
PREMIUM PAY:
$3.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Cent -Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
07/05/05
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$2.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center
$1.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
LAB00036-001 07/01/2004
SAN FRANCISCO AND SAN MATEO COUNTIES:
Rates Fringes
Brick Tender $ 26.62 11.34
FOOTNOTES: Underground work such as sewers, manholes,
catch
basins, sewer pipes, telephone conduits, tunnels and cut
trenches: $5.00 per day additional. Work in live sewage:
$2.50 per day additional.
LAB00036-002 07/01/2004
SAN FRANCISCO AND SAN MATEO COUNTIES:
Rates Fringes
Plasterer tender $ 26.62 11.34
FOOTNOTES: Work on a suspended scaffold: $5.00 per day
additional. Work operating a plaster mixer pump gun: $1.00
per hour additional.
------------------------------------
LAB00067-002 12/01/2004
Rates Fringes
Asbestos Removal Laborer $ 13.73 6.80
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.
LAB00067-006 07/01/2004
AREA "A" - ALAMEDA, CONTRA COSTA, SAN FRANCISCO,
SAN MATEO AND
SANTA CLARA COUNTIES
AREA"B" - CALAVERAS, FRESNO, KINGS, MADERA,
MARIPOSA, MERCED,
MONTEREY, SAN BENITO, SANTA CRUZ, SAN JOAQUIN,
STANISLAUS AND
TUOLUMNE COUNTIES
Rates Fringes
Laborer: Gunite
ALAMEDA, CONTRA COSTA, SAN
FRANCISCO, SAN MATEO AND
SANTA CLARA COUNTIES
Group 1 $ 23.60 10.93
GROUP 2 $ 23.10 10.90
GROUP 3 $ 22.51 10.93
Wpw'PWENGA_CtlMRSVOON.O04-05Sixes. adabiliuum h%m-Phae Wa tad(rmSN).6ae
GROUP 4 $ 22.39 10.93
AREA "A"
GROUP 1 $ 23.60 10.93
GROUP 2 $ 23.10 10.93
GROUP 3 $ 22.51 10.93
GROUP 4 $ 22.39 10.93
AREA "B"
GROUP I $ 22.60 10.93
GROUP 2 $ 22.10 10.93
GROUP 3 $ 21.51 10.93
GROUP 4 S 21.39 10.93
CALAVERAS, FRESNO, KINGS,
MADERA, MARIPOSA, MERCED,
MONTEREY, SAN BENITO,
SANTA CRUZ, SAN JOAQUIN,
STANISLAUS AND TUOLUMNE
COUNTIES •
GROUP I $ 22.6D 10.93
GROUP 2 $ 22.10 10.93
GROUP 3 $ 21.51 10.93
GROUP 4 $ 21.39 10.93
Laborer: Wrecking, buildings
andmiscellaneous structures
(WRECKING WORK)
AREA"A"
GROUP 1 $ 22.64 10.93
GROUP 2 $ 22.49 10.93
GROUP 3 $ 16.08 10.93
AREA "B"
GROUP 1 $21.64 10.93
GROUP 2 $ 21.49 10.93
GROUP 3 $ 15.08 10.93
Laborers:
AREA "A"
Construction Specialist
Group $ 23.34 10.93
Group I $ 22.64 10.93
Group 1-a $ 22.86 10.93
GROUP I -c $ 22.69 10.93
GROUP 1c $23.19 10.93
GROUP 1-f $ 23.22 10.93
GROUP 1-g (Contra Costa
County) $ 22.84 10.93
GROUP 2 $ 22.49 10.93
GROUP 3 $ 22.39 10.93
GROUP 4 $ 16.08 10.93
AREA"B"
Construction Specialist
Group $ 22.34 10.93
GROUP 1 $ 21.64 10.93
Group 1-a $21.86 10.93
GROUP 1c $21.69 10.93
GROUP I -c $ 22.19 10.93
GROUP 1-f $ 22.22 10.93
GROUP 2 $ 21.49 10.93
GROUP 3 $ 21.39 10.93
GROUP 4 $ 15.08 10.93
See groups I -b and Id under laborer classifications.
Landscape Laborer (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS)
AREA"A"
Establishment Warranty
Period $ 16.08 10.93
New Construction $ 22.39 10.93
AREA "B"
Establishment Warranty
Period $ 15.08 10.93
New Construction $ 21.39 10.93
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
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workers entitled to receive the wage rate set forth in
Group I -a below.
LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and
raker;
Chainsaw; Laser beam in connection with laborers' work;
Cast -in- place manhole form setter, Pressure pipelayer,
Davis trencher - 300 or similar type (and all small
trenchers); Blaster; Diamond driller, Multiple unit drill;
Hydraulic drill
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 including Leade Abatement;
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
miser, 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 -clinger, 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 1a: 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 I -b: Sewer cleaners shall receive $4.00 per day above
Group I 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 I wage
rates.
GROUP lc: Burning and welding in connection with laborers'
work; Synthetic thermoplastics and similar type welding
GROUP ld: Maintenance and repair track and road beds. All
Q:\peAPWCNONSONTRS\ 5V0.Y-05 ann RdaJitlu,rn holta-ntase Inc nntrMaedia,n
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 I -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 thy 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
rider; Pavement marker (button setter); Maintenance, repair
track and road beds; Streetcar and railroad construction
track laborer, Temporary air and water lines, Victaulie or
similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building
including but not limited to: street cleaner; cleaning and
washing windows; brick cleaner (jobsite only); material
cleaner (jobsite only). The classification "material
cleaner" is to be utilized under the following conditions:
A: at demolition site for the salvage of the material_
B: at the conclusion of a job where the material is to be
salvaged and stocked to be reused on another job.
C: for the cleaning of salvage material at the jobsite or
temporaryjobsite 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".
GIJNITE LABORER CLASSIFICATIONS
GROUP I: Structural nozzle operator
GROUP 2: Nozzle operator (including gun, pot); Ground person
07/05/05
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Rates Fringes
GROUP 4: Gunite laborer Plasterer tender $21.58 9.27
WRECKING WORK LABORER CLASSIFICATIONS
GROUP I: 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)
LABO0067-010 07/01/2004
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1 $ 27.00 10.93
GROUP 2 $ 26.77 10.93
GROUP 3 $ 26.52 1093
GROUP 4 $ 26.52 10.93
GROUP 5 $ 26.07 10.93
GROUP 6 $ 25.53 10.93
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; Gunitc & 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 and
spreading
GROUP 6: Dump person (any method); Grout crew; Rebound
person; Swamper
LABO0073-003 07/01/2004
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN,
STANISLAUS AND
TUOLUMNE COUNTIES:
Rates Fringes
Mason Tender (Brick) $ 23.84
LABO0073-005 07/01/2002
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA,
MERCED, SAN
JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:
QVIN,WENOM-coursS3aosxooa055e, Rehabilitation Project Phase ifMearitractfrerimAAloc
LABO0166-001 07/01/2002
ALAMEDA AND CONTRA COSTA COUNTIES:
Rates Fringes
Brick Tender $ 22.90 10.06
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.
LABO0166-002 07/01/2002
ALAMEDA AND CONTRA COSTA COUNTIES:
Rates Fringes
Plasterer tender
Gun operator $ 28.04 11.41
Plasterer tender $ 27.29 11.41
10600185-001 07/01/2004
MONTEREY AND SAN BENITO COUNTIES:
Rates Fringes
Mason Tender (Brick) $ 21.56 10.49
LAB00270-001 07/01/2004
SANTA CLARA & SANTA CRUZ COUNTIES
Rates Fringes
Mason Tender (Brick)
Santa Clara $ 24.32
Santa Cruz $ 23.32
9.28
9.28
FOOTNOTE: $2.00 per hour for refactory work where
heat -protective clothing is required.
--
LABO0270-004 08/04/2004 ---------
SANTA CLARA AND SANTA CRUZ COUNTIES
Rates Fringes
Plasterer tender $ 23.29 12.11
All wood framed buildings
five (5) stories or more
includes all steel
structures and all
structures with metal studs.$ 23.29 12.11
All wood framed buildings
four (4) stories or less
and excludes steel
structures, structures
with metal studs $ 21.29 12.11
7.36 LABO0294-001 07/01/2004
FRESNO, KINGS AND MADERA COUNTIES
Rates Fringes
Mason Tender (Brick) $ 21.86 10.49
07/05/05
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LAB00297-00108/012004
MONTEREY AND SAN BENITO COUNTIES
Rates Fringes
Plasterer tender $ 23.054 7.30
FOOTNOTE: Mixer person: $400 per day additional.
PAIN00I6-001 07/01/2004
ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO,
SAN MATEO, SANTA
CLARA, AND SANTA CRUZ COUNTIES
Rates Fringes
Painters. $ 29.11 12.91
PREMIUMS:
EXOTIC MATERIALS - $0.75 additional per hour.
SPRAY WORK: - $0.50 additional per hour.
INDUSTRIAL PAINTING - $0.25 additional per hour
[Work on industrial buildings used for the manufacture and
processing of goods for sale or service; steel construction
(bridges), stacks, towers, tanks, and similar structures]
HIGH WORK:
over 50 feet - $2.00 per hour additional
100 to 180 feet - $4.00 per hour additional
Over 180 feet - $6.00 per houir additional
PAIN0016-003 08/01/2004
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO,
SAN MATEO & SANTA
CLARA COUNTIES
AREA 2: CALAVERAS, MARIPOA, MERCED, MONTEREY,
SAN BENITO, SAN
JOAQUIN, SANTA CRUZ, STANISLAUS & TUOLUMNE
COUNTIES
Rates Fringes
Drywall Finisher/Taper
Alameda, Contra Costa, San
Francisco, San Mateo,
Santa Clara Counties $ 34.37
Area 1 $ 34.37
Area 2 $ 30.44
13.27
13.27
11.67
PAIN0016=008 07/01/2004
FRESNO, KINGS AND MADERA COUNTIES:
Rates Fringes
Painter
Brush and Roller
Rates Fringes
Soft Floor Layer $ 20.18 7.39
PAIN00I6-0I5 11/01/2004
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
Painter
Brush $ 25.32 10.25
FOOTNOTES:
Spray/Sandblast: $1.00 additional per hour.
Coal Tar/Exotic Materials: $1.75 additional per hour.
High Time: Steel construction workers working on erected
steel construction, bridges, stacks, towers, tanks and
similar structures, from 50 to 100 ft. above ground or mean
water level: to be paid I hour per day additional; 100 to
180 ft 2 hours additionalpay per day; over 180 ft 3 hours
additional pay per day. Exterior stage: Work on exterior
stage 4-7 stories: to be paid 1/2 hr. per day additional.
Work on exterior stage 8-I1 stories: to be paid I hr. per
day additional. Work on exterior stage 12 stories or
higher: to be paid 1-1/2 hrs. per day additional. One
story equals 10 ft.
PAIN0016-017 11/01/2004
MARIPOSA, MERCED, STANISLAUS & TOULUMNE
COUNTIES
Rates Fringes
Painter
Brush $ 23.44 10.25
FOOTNOTES:
Spray/Sandblast: $1.00 additional per hour.
Coal Tar/Exotic Materials: $1.75 additional per hour.
High Time: Steel construction workers working on erected
steel construction, bridges, stacks, towers, tanks and
similar structures, from 50 to 100 ft. above ground or mean
water level: to be paid I hour per day additional; 100 to
180 ft 2 hours additionalpay per day; over 180 ft 3 hours
additional pay per day. Exterior stage: Work on exterior
stage 4-7 stories: to be paid 12 hr. per day additional.
Work on exterior stage 8-11 stories: to be paid I hr. per
day additional. Work on exterior stage 12 stories or
higher: to be paid 1-1/2 hrs. per day additional. One
story equals 10 ft.
PAIN0016-022 07/01/2004
SAN FRANCISCO COUNTY
Rates Fringes
- Painter $ 32.73 12.91
$ 20.59 8.92 PAIN0169-001 07/012004
FOOTNOTES:
Drywall Taper and Lead Abaters receive $1.25 additional per
hour. Sandblast & Spray receive $1.00 additional per hour.
Paperhangers, and work over 30 feet (does not include work
from a lift): $0.50 per hour additional.
PAIN0016-010 07/01/2004
FRESNO, KINGS, MADERA AND COUNTIES:
Q: W ENGN_CONTR5tr005LLOM.05 Street Rehabilitation Project -Phase Ifmmen(mum) doc
FRESNO, KINGS, MADERA, MARIPOSA AND MERCED
COUNTIES:
Rates Fringes
Glazier $ 26.68 10.44
PAIN0169-005 07/01/2004
ALAMEDA AND CONTRA COSTA COUNTIES:
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Rates Fringes
Glazier $ 34.76 12.21
PAIN0169-009 07/01/2002
ALAMEDA AND CONTRA COSTA:
Rates Fringes
Shower Door Installer $ 24.83 5.01+a
PAID HOLIDAYS: New Year's Day, President's Day, Memorial
Day,
Fourth of July, Labor Day, Thanksgiving Day, Day after
Thanksgiving, and Christmas Day.
PA1N0718-002 07/01/2004
SAN FRANCISCO AND SAN MATEO COUNTIES:
Rates Fringes
Glazier $ 33.26 13.71
PAIN0767-001 07/01/2004
CALAVERAS, SAN. JOAQUIN, STANISLAUS AND
TUOLUMNE COUNTIES:
Rates Fringes
Glazier $ 28.85 10.94
PAID HOLIDAYS: New Year's Day, Martin Luther King, Jr. Day,
President's Day, Memorial Day, Independence Day, Labor Day,
Veteran's Day, Thanksgiving Day, and Christmas Day.
FOOTNOTE:.Employee rquired to wear a bod harness shall
receive $1.50 per hour above the basic hourly rate at any
elevation.
PAIN1176-001 07/01/2004
AREA A: ALAMEDA, CONTRA COSTA, MARIN, SAN
FRANCISCO, SAN MATEO
& SANTA CLARA
AREA B: ALPINE, AMADOR, BUTTE, CALAVERAS,
COLUSA, EL DORADO,
FRESNO, GLENN, KINGS, LASSEN, MADERA, MARIPOSA,
MERCED, MODOC,
MONTEREY, NAPA, NEVADA, PLACER, PLUMAS,
SANCRMENTO, SAN BENITO,
SAN JOAQUIN, SANTA CRUZ, SIERRA, SHASTA, SISKIYOU,
SOLANO,
SONOMA, STANISLAUS, TEHAMA, TRINITY, TULARE,
TUOLUMNE, VOW &
YUBA COUNTIES
Rates Fringes
Parking Lot Striping/Highway
Marking:
GROUP I
Area A $ 20.19
Arca B $ 19.19
GROUP 2
Area A $ 22.39
Area B $ 21.39
GROUP 3
Area A $ 23.54
Area B $ 22.54 10.93
GROUP 4
Areas A & B $ 18.88 8.31
PARKING LOT STRIPING / HIGHWAY MARKING
CLASSIFICATIONS
GROUP I: TRAFFIC CONTROL PERSON B: Delineating
Device
Application, Installation and Removal of signs, markers,
delineators, and Crash Cushions
GROUP 2: FLAGPERSON
GROUP 3: STRIPER: Layout and application of painted traffic
stripes and marking; hot thermo plastic; tape, traffic
stripes and markings
GROUP 4: GAMECOURT & PLAYGROUND INSTALLER
PAIN1237-003 01/01/2005
CALAVERAS; SAN JOAQUIN COUNTIES; STANISLAUS AND
TUOLUMNE
COUNTIES:
Rates Fringes
Soft Floor Layer $ 26.21 9.37
PAIN 1600-005 01/01/2005
ALAMEDA, CONTRA COSTA, MARIPOSA, MERCED,
MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND
SANTA CRUZ COUNTIES
Rates Fringes
Soft Floor Layer $ 35.30 11.98
PAIN 1621-001 07/01/2004
MONTEREY, SAN BENITO, SANTA CLARA AND SANTA
CRUZ COUNTIES:
Rates Fringes
Glazier $ 34.67 12.30
PLAS0066-002 07/01/2003
ALAMEDA, CONTRA COSTA, SAN MATEO AND SAN
FRANCISCO COUNTIES:
Rates Fringes
Plasterer $ 30.86 13.80
PLAS0300-001 07/01/2004
Rates Fringes
Plasterer
AREA 188: Fresno, Kings,
Madera Counties $ 24.53 10.45
10.93 AREA 224: San Benito,
10.93 Santa Clam, Santa Cruz $ 29.42 10.48
AREA 295: Calaveras & San
10.93 Joaquin Couonties $ 27.34 10.98
10.93 AREA 337: Monterey County..$ 26.06 10.48
AREA 429: Mariposa,
10.93 Merced, Stanislaus,
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TuolumneCounties $ 27.35
PLAS0300-005 07/01/2004
Rates Fringes
10.98 less excluding high-rise
buildings and commercial
work such as hospitals,
prisons, hotels and schools.$ 33.60
(2) All other work $ 42.00
Cement Mason $ 28.13. 9.33
PLUM0036-001 01/01/2005
AREA I: CALAVERAS, MARIPOSA, MERCED, SAN
JOAQUIN, STANISLAUS
AND TUOLUMNE
AREA 2: FRENSO, KINGS AND MADERA COUNTIES
Rates Fringes
Plumber and steamfitter
Area I $ 28.50
Area 2 $ 28.00
15.18
15.18
PLUM0036-004 01/01/2005
FRESNO & MERCED COUNTIES
Rates Fringes
BUILDING CONSTRUCTION
PIPE TRADESMAN $ 9.20 8.05
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; Flagman
PLUM0036-009 01/01/2005
MONTEREY AND SANTA CRUZ COUNTIES
Rates Fringes
Plumber and stcamfitter $ 32.50 15.18
PLUM003 8-001 07/01/2004
SAN FRANCISCO COUNTY
Rates Fringes
Plumber
(1) Work on wooden frame
structures 5 stories or
Q:`pwf W EtOA_CONTRS3005\2004-05 San RAuManion Project- PM1ue NroMaO{,a+sed
21.03
22.50
PLUM0038-005 07/01/2004
SAN FRANCISCO COUNTY
Rates Fringes
Landscape/Irrigation Fitter....$ 30.25 12.38
PLUM0159-001 07/01/2004
CONTRA COSTA COUNTY:
Rates
Plumber and steamfitter
Construction of motels
under 4 stories $ 28.26
All other work $ 36.06
----------------------
PLUM0342-001 07/01/2004
Fringes
12.74
19.25
ALAMEDA & CONTRA COSTA COUNTIES
Rates Fringes
Pipefitter
CONTRA COSTA COUNTY $36.51 21.09
Plumber, Pipefitter,
Steamfitter
ALAMEDA COUNTY $ 36.51 2L09
PLUM0355-004 07/01/2004
ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO,
KINGS, MADERA,
MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN
JOAQUIN, SAN MATEO,
SANTA CLARA, SANTA CRUZ, STANISLAUS, AND
TUOLUMNE COUNTIES:
Rates Fringes
Underground Utility Worker
/Landscape Fitter $ 22.75 7.25
PLUM0393-001 01/01/2005
SAN BENITO AND SANTA CLARA COUNTIES
Rates Fringes
Plumber/Pipefitter $ 44.01 14.73
P LUM0467-001 07/01/2004
SAN MATEO COUNTY
Rates Fringes
Plumber/Pipefitter/Steamfitter
(1) Refrigeration & Air
Conditioning $ 43.90 14.61
(2) All Other Work. $ 42.65
14.31
ROOF0027-002 07/01/2004
FRESNO, KINGS, AND MADERA COUNTIES
07/05/05
Rates Fringes
Rates Fringes
Sprinkler Fitter (FIRE) $ 27.35 12.25
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Roofer (including Built Up,
Composition and Single Ply)....$ 23.05 7.30
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:
$2.00 per hour additional.
ROOF0040-002 08/01/2004
SAN FRANCISCO & SAN MATEO COUNTIES:
Rates Fringes
Roofer (including Built Up,
Composition and Single Ply)....$ 24.27 13.20
ROOF0081-001 08/01/2004 ------
ALAMEDA AND CONTRA COSTA COUNTIES:
Rates Fringes
Roofer (including Built Up,
Composition and Single Ply)....$ 27.76 8.99
ROOF0081-004 08/01/2004
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN,
STANISLAUS AND
TUOLUMNE COUNTIES:
Rates Fringes
Roofer (including Built Up,
Composition and Single Ply)....$ 20.72 7.99
ROOF0095-002 08/01/2004
MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA
CRUZ COUNTIES:
Rates Fringes
Roofer (including Built Up,
Composition and Single Ply)
Journeyman $ 28.68 9.79
Kettleman (2 kettles),
Bitumastic Enameler, Coal Tar, Pitch & Mastic $ 30.68 9.79
SFCA0483-001 08/01/2001
ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN
MATEO AND SANTA CLARA
COUNTIES:
Rates Fringes
Sprinkler Fitter (FIRE) $ 36.59
S FCA0669-011 01/01/2005
SHEE0104-001 07/01/2004
Rates Fringes
Sheet metal worker
(1) 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
$150,000 or less; Also,
pre-engineered and pre -
manufactured siding
ALAMEDA AND CONTRA COSTA
COUNTIES $ 31.44 18.41
SAN MATEO COUNTY $ 34.83 16.07
SANTA CLARA COUNTY $ 36.29 15.34
(2) 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
SAN FRANCISCO COUNTY $ 36.81 17.00
(3) All other work
ALAMEDA AND CONTRA COSTA
COUNTIES $ 37.12 18.60
MONTEREY & SAN BENITO
COUNTIES $ 30.86 15.91
SAN FRANCISCO COUNTY $ 37.58 18.13
SAN MATEO COUNTY $ 38.27 17.25
SANTA CLARA COUNTY $ 38.50 17.18
SANTA CRUZ COUNTY $ 32.48 14.80.
SHEE0104-015 07/01/2004
ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO,
SAN FRANCISCO, SAN
11.20 MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES:
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA,
MERCED, MONTEREY,
SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS
AND TUOLUMNE
COUNTIES:
Rates Fringes
Sheetmetal Worker
Metal Decking and Siding
only $ 30.41 16.13
SH EE0162-001 01/01/2005
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CALAVERAS AND SAN JOAQUIN COUNTIES:
Rates Fringes
Sheet metal worker $ 27.72 13.28
SHEE0162-003 07/01/2004
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE
COUNTIES:
Rates Fringes
Sheet metal worker (Excluding
metal deck and siding) $ 28.46 14,45
SHEE0162-004 07/01/2004
FRESNO, KINGS, AND MADERA COUNTIES:
Rates Fringes
Sheet metal worker $ 28.81 14.99
SHEE0162-013 07/01/2004
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA,
MERCED, SAN
JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
Sheet metal worker (Metal
decking and siding only) • $ 32.50 14.04
TEAM 0094-001 07/01/2004
Rates Fringes
Truck drivers:
GROUP I $ 23.08 15.04
GROUP 2 $ 23.38 15.04
GROUP 3 $ 23.68 15.04
GROUP 4 $ 24.03 15.04
GROUP 5 $ 24.38 15.04
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.; Single -unit flat rack
(3 -axle unit); Highbed heavy duty transport; Scissor truck;
Q`T''PWENGU CONIRS`2W5`2CM-05Sva Rehablilnwn Prulaa•Potae lrynraan(rewal)t
Rubber -tired muck car (not self -loaded); Rubber -tired truck
jumbo; Winch truck and "A" frame drivers; Combination winch
truck with hoist; Road oil truck or bootperson;
Buggymobile; Ross, Hyster and similar straddle carriers;
Small rubber -tired tractor
GROUP 3: Dump trucks, 8 yds. and including 35 yds.; Transit
mixers, over 10 yds.; Water trucks, 7,000 gals. and over;
Jetting trucks, 7,000 gals. and over; Vacuum trucks under
7500 gals. Trucks towing tilt bed or flat bed pull
trailers; Lowbed heavy duty transport; Heavy duty transport
tiller person; Self- propelled street sweeper with
self-contained refuse bin; Boom truck - hydro -lift or
Swedish type extension or retracting crane; P.D. or similar
type self -loading truck; Tire repairperson; Combination
bootperson and road oiler; Dry distribution truck (A
bootperson when employed on such equipment, shall receive
the rate specified for the classification of road oil
trucks or bootperson); Ammonia nitrate distributor, driver
and mixer; Snow Go and/or plow
GROUP 4: Dump trucks, over 35 yds. and under 65 yds.; Water
pulls - DW 10's, 20's, 21's and other similar equipment
when pulling Aqua/pak or water tank trailers; Helicopter
pilots (when transporting men and materials); Lowbedk Heavy
Duty Transport up to including 7 axles; DWIO's, 20's, 21's
and other similar Cat type, Terra Cobra, LeToumeau Pulls,
Toumorocker, Euclid and similar type equipment when
pulling fuel and/or grease tank trailers or other
miscellaneous trailers; Vacuum Trucks 7500 gals and over
and truck repairman
GROUP 5: Dump trucks, 65 yds. and over; Holland hauler; Low
bed Heavy Duty Transport over 7 axles
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION. APPEALS PROCESS
L) Has there been an initial decision in the matter? This can
be:
" an existing published wage determination
* a survey underlying a wage detennination
• 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. Ifthe response from this initial
contact is not satisfactory, then the process described in 2.)
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and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in I.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Q515 QA CO -O5 ruse Rdabilfubon Proiea-Phase lrmne«umisad)dw
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To:
APPENDIX HI
SAMPLE NOTICE LETTER
(Copy onto Company Letterhead)
NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY
Address to Labor Organization and/or Worker Representatives (collective bargaining etc.)
Pursuant to the Standard Specifications of the City of San Mateo and in consideration of
performing work or supplying materials for the Project, a public
works project of the City of San Mateo, you are hereby notified that all employee referrals are to be made
without regard to race, color, religion, sex, disability, or national origin and that employment will be made
without regard thereto.
Contractor
Street Address
City Zip
Signature
Title
Date
Q1pw\PWENG\A_CONTRS\2005\2004-05 Street Rehabilitation Project -Phase lhcontract(revised).doc - 7/5/2005
7/5/05