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HomeMy WebLinkAbout22-J-03 Executed Contract.pdf Project Manual GENERAL BUILDING JOB ORDER CONTRACT Contract #'s 22-J-02, Class B 22-J-03 22-J-04 The County of Fresno Department of Public Works and Planning 2220 Tulare St., 6' Floor Fresno, California 93721 Bid Docu ments Pre-bid Conference: Tuesday, March 21, 2023, 10:00 a.m. Bid Date: Thursday, April 13, 2023, 1400 hours and 00 seconds Budget / Account— Various Funding Orgs Development Services & Capital Projects Division I - o- 1856 0 Department of Public Works & Planning PRES Contract: 22-J-02 Cover Sheet 22-J-03 00 00 10-1 22-J-04 co County of Fresno Q 1856 Q DEPARTMENT OF PUBLIC WORKS AND PLANNING STEVEN E. WHITE, DIRECTOR April 6, 2023 Contract No. 22-J-02 22-J-03 22-J-04 ADDENDUM NO. 1 to CLASS B GENERAL BUILDING JOB ORDER CONTRACT, revising the Bidding and Contract Documents/Plans/Bid Opening as follows: TABLE OF CONTENTS No changes NOTICE TO BIDDERS No changes SPECIAL PROVISIONS No changes PROPOSAL No changes BID BOOK DELETE: SECTION 00 43 13 - BID SECURITY FORM Accompanying this proposal is security (check one only) in amount equal to at least ten percent (10%) of the total amount of the bid: REPLACE with: Accompanying this proposal is security (check one only) in an amount equal to at least $25,000.00: AGREEMENT No changes PROJECT DETAILS No changes END OF ADDENDUM NO. 1 Addendum No. 1 CLASS B GENERAL BUILDING JOB ORDER CONTRACT Contract No. 22-J-02, 22-J-03 22-J-04 Page 1 of 2 -------------------------------------------------------------------------------------------------------------------- Please attach this Addendum to the inside cover of the Specifications booklet. If you have given the Bidding and Contract Documents to someone else, please forward this Addendum. ARC. 0 April 5, 2023 z° z Date Signed �r No. C-27818 7 Ren. 10-31-23 Capital Projects: OF CAL- Noel Roger Davidson, #C27818 License Renewal 10/31/23 Fresno County Department of Public Works and Planning — Capital Projects 2220 Tulare Street, 8th Floor Fresno, CA 93721-2104 Addendum No. 1 CLASS B GENERAL BUILDING JOB ORDER CONTRACT Contract No. 22-J-02, 22-J-03 22-J-04 Page 2 of 2 The County of Fresno Department of Public Works and Planning JOB ORDER CONTRACT Contract#22-J-02, Class B Contract #22-J-03, Class B Contract#22-J-04, Class B Adopted by the Fresno County Board of Supervisors, _ , 2023 Sal Quintero, Chairman 311 District Nathan Magsig, Vice Chairman 5th District Brian Pacheco 1st District Steve Brandau 2th District Buddy Mendes 4th District Paul Nerland, County Administrative Officer Steven White, Director Department of Public Works and Planning �S�D ARc�1 C� 4OGER b aov row �k z z No. C-27818 ,��' 2 3 •2 .yam Ren. 10-31-23 — Date Signed OF C �O Capital Projects: Noel Roger Davidson, #C27818 License Renewal 10/31/23 Fresno County Department of Public Works and Planning — Capital Projects 2220 Tulare Street, 8th Floor Fresno, CA 93721-2104 Consultant: The Gordian Group 30 Patewood Dr., Suite 350 Greenville, SC 29615 Contract No.: #22-J-02 Signature Page JOB ORDER CONTRACTS 22-J-03 0001 07-1 22-J-04 1 The County of Fresno 2 Department of Public Works & Planning 3 2220 Tulare St., 61" FL 4 Fresno, CA 93721 5 6 GENERAL BUILDING JOB ORDER CONTRACT 7 Contract#22-J-02, Class B 8 22-J-03 9 22-J-04 10 11 12 13 TABLE OF CONTENTS 14 15 16 INDEX TO BID DOCUMENTS 17 18 DIVISION 00 CONTRACTING REQUIREMENTS 19 SECTION 00 01 01 - COVER SHEET........................................................................ 1 20 SECTION 00 01 07 - SIGNATURE PAGE.................................................................. 1 21 SECTION 00 01 10 - TABLE OF CONTENTS............................................................ 1 22 SECTION 00 11 13 - NOTICE TO BIDDERS ............................................................. 7 23 *SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS .............................................. 7 24 *SECTION 00 22 13 - BIDDER'S CHECKLIST.......................................................... 3 25 *SECTION 00 42 13 - PROPOSAL............................................................................ 5 26 *SECTION 00 43 13 - BID SECURITY FORM.................................................. 1 27 *SECTION 00 45 19 - NON-COLLUSION DECLARATION....................................... 1 28 *SECTION 00 45 36 - EQUAL OPPORTUNITY CERTIFICATION............................ 1 29 *SECTION 00 45 46 - DEBARMENT AND SUSPENSION CERTIFICATION.......... 1 30 *SECTION 00 45 56 - NONLOBBYING CERTIFICATION....................................... 1 31 *SECTION 00 45 66 - DISCLOSURE OF LOBBYING............................................. 2 32 SECTION 00 52 13 - AGREEMENT........................................................................... 8 33 SECTION 00 65 36 - GUARANTY.............................................................................. 1 34 SECTION 00 72 00 - GENERAL CONDITIONS....................................................... 73 35 SECTION 00 72 01 - FEDERAL REQUIREMENTS ................................................... 7 36 EXHIBIT A— SELF-DEALING TRANSACTION DISCLOSURE FORM...................... 2 37 38 39 40 *Sections 00 21 13 through 00 45 46 included in Bid Book 41 42 Refer to the JOB ORDER CONTRACT CONSTRUCTION TASK CATALOG° and JOB 43 ORDER CONTRACT TECHNICAL SPECIFICATIONS, DIVISION 01 — DIVISION 41 44 provided in electronic format. 45 46 47 END OF SECTION 48 Contract No.: #22-J-02 Table of Contents JOB ORDER CONTRACTS 22-J-03 00 01 10-1 22-J-04 1 BOARD OF SUPERVISORS COUNTY OF FRESNO STATE OF CALIFORNIA 2 3 NOTICE TO BIDDERS 4 5 Sealed proposals will be received at 6 https://www.bidexpress.com/businesses/36473/home, and at the Fresno County 7 Department of Public Works and Planning, Office of the Design Engineer, Seventh 8 Floor, Fresno County Plaza Building, 2220 Tulare Street, Fresno, CA 93721 until 9 10 2:00 P.M., (1400 hours and 00 seconds) 11 Thursday, April 13, 2023 12 13 at which time the bidding will be closed. 14 15 16 If you have any questions about bid submission, please contact us at 17 DesignServices(a--)fresnocountyca.gov or call (559) 600-4241. 18 19 Promptly following the closing of the bidding all timely submitted bids will be publicly 20 opened and viewable via a livestream (the link for which will be posted at 21 http://www.co.fresno.ca.us/planholders), for construction in accordance with the 22 specifications therefor, to which special reference is made as follows: 23 24 GENERAL BUILDING JOB ORDER CONTRACT 25 26 Contract Numbers.: 22-J-02, Class B 27 22-J-03, Class B 28 22-J-04, Class B 29 30 A Job Order Contract is an indefinite quantity contract pursuant to which the Contractor 31 will perform an ongoing series of individual projects at different locations throughout 32 the County of Fresno. The bid documents include a Construction Task Catalog° 33 containing construction tasks with preset Unit Prices. All Unit Prices are based on local 34 labor prevailing wages, material and equipment prices and are for the direct cost of 35 construction. 36 37 A MANDATORY pre-bid conference will be held at 10:00 a.m., on Tuesday, 38 March 21, 2023 for the purpose of discussing the Job Order Contract concept, 39 documents, bid considerations and to discuss Job Order Contracting from a 40 contractor's viewpoint. The MANDATORY pre-bid conference will be held online 41 (the link for which will be posted at http://www.co.fresno.ca.us/planholders). 42 43 Prospective bidders whose representative(s) attend the MANDATORY pre-bid 44 conference will receive the electronic link to the official specification books, the 45 Construction Task Catalog° and Technical Specifications. 46 47 Bidders will bid three sets of Adjustment Factors to be applied to the Unit Prices. One 48 set of Adjustment Factors for County/State-funded projects, one set of Adjustment 49 Factors for Federally-funded projects and one set of Adjustment Factors for 50 County/State-funded projects in a Secure Facility. Each set of Adjustment Factors will Contract No.: 22-J-02 Notice to Bidders JOB ORDER CONTRACTS 22-J-03 0011 13-1 22-J-04 1 include one Adjustment Factor for performing work during Normal Working Hours and 2 a second Adjustment Factor for performing work during Other Than Normal Working 3 Hours. All Adjustment Factors apply to every task in the Construction Task Catalog°. 4 5 Upon award of contract and as projects are identified, the Contractor will jointly scope 6 the work with the County Project Manager. The County Project Manager will prepare 7 a Detailed Scope of Work and issue a Request for Proposal to the Contractor. The 8 Contractor will then prepare a Work Order Proposal for the project including a Work 9 Order Price Proposal, Schedule, Sketches or Drawings, a list of subcontractors, and 10 other requested documentation. The value of the Work Order Price Proposal shall be 11 calculated by summing the total of the calculation for each Pre-priced Task (Unit Price 12 x quantity x Adjustment Factor) plus the value of all Non-Pre-priced Tasks. 13 14 If the Work Order Price Proposal is found to be reasonable, a Work Order may be 15 issued. The Contractor is required to complete each Detailed Scope of Work for the 16 Work Order Price within the Job Order Completion Time. 17 18 A Work Order will reference the Detailed Scope of Work and set forth the Work Order 19 Completion Time, and the Work Order Price. The Work Order Price is determined by 20 multiplying the preset Unit Prices by the appropriate quantities and by the appropriate 21 Adjustment Factor. The Work Order Price shall be a lump sum, fixed price for the 22 completion of the Detailed Scope of Work. 23 24 A separate Work Order will be issued for each project. Extra work, credits, and 25 deletions will be contained in a Supplemental Work Order. 26 27 Minimum and Maximum Contract Values: 28 A. There is no Minimum Contract Value for this Contract. If a contract is awarded, 29 the Contractor is not guaranteed to receive a specified minimum amount of 30 work during the Contract Term. 31 32 B. The Maximum Contract Value is $5,700,000.00. The Contractor is not 33 guaranteed to receive this volume of Work Orders. It is merely an estimate. The 34 Owner has no obligation to issue Work Orders in excess of the Minimum 35 Contract Value. 36 37 C. The successful bidder shall furnish a payment bond and a performance bond 38 in the amount of $2,000,000 each as security for the payment of all persons 39 performing and furnishing materials in connection with this Contract. If the 40 aggregate outstanding Job Orders issued under the contract exceeds 41 $2,000,000, increases in the Payment and Performance Bonds in increments 42 of $500,000 will be required such that the amount of the Payment and 43 Performance Bonds are not less than one hundred percent (100%) of the 44 outstanding aggregate Job Orders issued. Bonds shall remain in force for the 45 duration and until completion of any outstanding Job Order. At no time may the 46 sum of outstanding Job Orders exceed the amount of the Payment and 47 Performance Bonds. 48 49 Contract Term: 50 A. The Contract Term commences on the date the contract is executed by the 51 County of Fresno Board of Supervisors (i.e.: the effective date of the Contract). Contract No.: 22-J-02 Notice to Bidders JOB ORDER CONTRACTS 22-J-03 0011 13-2 22-J-04 1 2 B. The term of the Job Order Contract will be either for one year or when issued 3 Work Orders totaling the Maximum Contract Value have been completed, 4 whichever occurs first. All Work Orders must be issued but not necessarily 5 completed within one calendar year of the effective date of the Contract. All 6 Work Orders for which a Notice to Proceed is issued by the County Contract 7 Manager during the term of this Contract shall be valid and in effect 8 notwithstanding that the Detailed Scope of Work may be performed, payments 9 may be made, and the guarantee period may continue, after the Contract Term 10 has expired. All terms and conditions of the Contract apply to each Work Order. 11 No notices to proceed will be issued after 5:00, P.M. on the final day of the 12 Contract Term. 13 14 Bidders may fill out a Request to be Added to Planholders list: 15 16 https://www.co.fresno.ca.us/departments/public-works-planning/divisions-of-public- 17 works-and-planning/design-division/planholders-list-request-to-be-added 18 19 Requesters will then be listed as a planholder for the project on the website and 20 receive email notifications and addenda regarding the project. 21 22 Prospective bidders may also select the project on www.BidExpress.com. Those that 23 demonstrate interest in the project will also be added to the planholders list, and will 24 receive notifications and addenda regarding this project. 25 26 Planholder and exchange/publication names may be obtained from the Fresno County 27 website at http://www.co.fresno.ca.us/planholders. Electronic copies in ".pdf" file 28 format of the official project plans and specifications and such additional supplemental 29 project information as may be provided at the mandatory pre-bid conference. 30 31 The bid documents are available online at: 32 https://www.bidexpress.com/businesses/36473/home and bids may be submitted 33 electronically through that website. 34 35 If a bidder is unable to submit a bid via Bid Express, Bid books, which contain bid 36 proposal sheets necessary to submit a bid, may be obtained at 37 http://www.co.fresno.ca.us/planholders. Paper bids shall be submitted in a sealed, 38 opaque envelope addressed to the Department and labeled with the name of the 39 bidder, the name of the project, the contract number, and the statement 'Do Not Open 40 Until The Time Of Bid Opening.' 41 42 A Summary of Bids for the apparent low bidder will be posted at the above listed 43 website, generally within 24 hours of the Bid Opening. 44 45 All questions regarding this contract shall be in writing and shall be received by the 46 Department of Public Works and Planning, Design Division, no later than 2:00 P.M. 47 on the seventh (7th) calendar day before bid opening. Any questions received after 48 this deadline will not receive a response unless the Department of Public Works and 49 Planning elects to issue an addendum to revise the bid opening date. In the event that 50 the bid opening date is revised, the deadline for questions will be extended to no later 51 than 2.00 P.M. on the seventh (7th) calendar day before the revised bid opening date. Contract No.: 22-J-02 Notice to Bidders JOB ORDER CONTRACTS 22-J-03 0011 13-3 22-J-04 1 Questions shall be submitted on the Request for Clarification form provided on the 2 contract website at: 3 4 http://www.co.fresno.ca.us/departments/public-works-and-planning/construction- 5 bidding-opportunities/22-m-02-22-m-03-22-m-04-class-b-general-building-mob-order- 6 contract/request-for-clarification-form 7 8 Any changes to, or clarification of, the Contract documents and specifications shall be 9 in the form of a written addendum issued to planholders of record. Questions that 10 prompt a change or clarification shall be included in the addendum with the 11 subsequent answer. 12 13 Any oral explanation or interpretations given to this project are not binding. 14 15 Bidders will submit one (1) bid that will be considered for three potential Contracts 16 being offered. 17 18 Bidders will bid three (3) sets of Adjustment Factors to be applied to the Unit Prices: 19 One set of Adjustment Factors for County/State-funded projects. 20 One set of Adjustment Factors for Federally-funded projects. 21 One set of Adjustment Factors for County/State-funded projects in a Secure 22 Facility. 23 24 Each set of Adjustment Factors will include one Adjustment Factor for performing work 25 during Normal Working Hours and a second Adjustment Factor for performing work 26 during Other Than Normal Working Hours. All Adjustment Factors apply to every task 27 in the Construction Task Catalog°. 28 29 The County intends to award a contract to each of the three (3) lowest responsible 30 bidders. One proposal must be submitted by each bidder wishing to bid for one of the 31 three contracts in the Class B license category. Bids will be compared, for purposes 32 of identifying the apparent low bidder for proposed award of the contract, on the basis 33 of the Award Criteria Figure. The Award Criteria Figure is the sum of the weighted 34 Adjustment Factors. 35 36 The Construction Task Catalog° is priced at a net value of 1.0000. The bid shall be an 37 increase to (e.g., 1.1000) or decrease to (e.g., 0.9500) the Unit Prices listed in the 38 Construction Task Catalog°. Bidders who submit separate Adjustment Factors for 39 separate Unit Prices will be considered non-responsive and their bid will be rejected. 40 41 The Owner selected The Gordian Group's (Gordian) Job Order Contracting (JOC) 42 Solution for their JOC program. The Gordian JOC Solution TM includes Gordian's 43 proprietary JOC Software and JOC Applications, construction cost data, and 44 Construction Task Catalog® which shall be used by the Contractor solely for the 45 purpose of fulfilling its obligations under this Contract, including the preparation and 46 submission of Job Order Proposals, Price Proposals, subcontractor lists, and other 47 requirements specified by the Owner. The Contractor shall be required to execute 48 Gordian's JOC System License and Fee Agreement and pay a 1% JOC System 49 License Fee to obtain access to the Gordian JOC Solution TM. The JOC System 50 License Fee applies to all Job Orders issued to the Contractor under the terms this Contract No.: 22-J-02 Notice to Bidders JOB ORDER CONTRACTS 22-J-03 0011 13-4 22-J-04 1 Contract. The Contractor shall include the JOC System License Fee in the Adjustment 2 Factors. 3 4 Bid security in the amount$25,000, and in the form of a bid bond issued by an admitted 5 surety insurer licensed by the California Department of Insurance, cash, cashier's 6 check or certified check shall accompany the bid. Bid security shall be made in favor 7 of the County of Fresno. You must either attach an electronic bid bond or provide an 8 original bid bond (or other form of bid security authorized by Public Contract Code 9 Section 20129(a)), prior to the bid opening, in accordance with the detailed directions 10 set forth in Section 1.04 ("PREPARATION OF PROPOSALS") of the Instructions to 11 Bidders. Each paper bid bond shall be submitted in a sealed envelope addressed to 12 the Department and labeled with the name of the bidder, the name of the project, the 13 contract number, and the statement 'Bid Bond - Do Not Open Until The Time Of Bid 14 Opening.' 15 16 No contract will be awarded to a contractor who has not been licensed in accordance 17 with the provisions of the Contractors State License Law, California Business and 18 Professions Code, Division 3, Chapter 9, as amended, or whose bid is not on the 19 proposal form included in the contract document. A valid California Contractor's 20 License, Class B, (General Building) is required for this project. 21 22 Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the 23 county, or counties, in which the work is to be done have been determined by the 24 Director of the California Department of Industrial Relations. These wages are set 25 forth in the General Prevailing Wage Rates for this contract available from the 26 California Department of Industrial Relations' Internet web site at 27 http://www.dir.ca.gov/DLSR/PWD. Future effective general prevailing wage rates, 28 which have been predetermined and are on file with the California Department of 29 Industrial Relations are referenced but not printed in the general prevailing wage rates. 30 31 This project is subject to compliance monitoring and enforcement by the 32 Department of Industrial Relations. No contractor or subcontractor may be listed 33 on a bid proposal or awarded a contract for a public works project unless registered 34 with the Department of Industrial Relations pursuant to Labor Code section 1725.5 35 [with limited exceptions from this requirement for bid purposes only under Labor Code 36 section 1771.1(a)]. 37 38 This contract is subject to state contract nondiscrimination and compliance 39 requirements pursuant to Government Code, Section 12990. 40 41 The Federal minimum wage rates for this project as predetermined by the United 42 States Secretary of Labor are set forth in General Decision Number CA20230018, 43 Dated 03103/2023, which is incorporated in these special provisions by this reference 44 as if fully set forth herein and which can be viewed at https://www.SAM.gov, under 45 CA20230018. Said Federal wage rates, as well as project plans, special provisions, 46 and bid forms, may also be examined at the County of Fresno office described in the 47 preceding paragraph. Addenda to modify the reference to Federal minimum wage 48 rates to reflect revisions thereto, if necessary, will be issued to planholders of record. 49 50 Attention is directed to the federal provisions in the "Federal Requirements" section of 51 these specifications. If there is a difference between the minimum wage rates 52 predetermined by the Secretary of Labor and the general prevailing wage rates 53 determined by the Director of the California Department of Industrial Relations for Contract No.: 22-J-02 Notice to Bidders JOB ORDER CONTRACTS 22-J-03 0011 13-5 22-J-04 1 similar classifications of labor, the Contractor and subcontractors shall pay not less 2 than the higher wage rate. The Department will not accept lower State wage rates not 3 specifically included in the Federal minimum wage determinations. This includes 4 "helper" (or other classifications based on hours of experience) or any other 5 classification not appearing in the Federal wage determinations. Where Federal wage 6 determinations do not contain the State wage rate determination otherwise available 7 for use by the Contractor and subcontractors, the Contractor and subcontractors shall 8 pay not less than the Federal minimum wage rate, which most closely approximates 9 the duties of the employees in question. 10 11 The successful bidder shall furnish a faithful performance bond in the amount of 100 12 percent of the Maximum Contract Value, a payment bond in the amount of 100 percent 13 of the Maximum Contract Value, and One Year Warranty Bond in the amount of 10 14 percent of the Maximum Contract Value. Each bond specified in this Notice (bid bond, 15 faithful performance bond and payment bond) shall meet the requirements of all 16 applicable statutes, including but not limited to those specified in Public Contract Code 17 section 20129 and Civil Code section 3248. 18 19 Each bond specified in this Notice shall be issued by a surety company designated as 20 an admitted surety insurer in good standing with and authorized to transact business 21 in this state by the California Department of Insurance, and acceptable to the County 22 of Fresno. Bidders are cautioned that representations made by surety companies will 23 be verified with the California Department of Insurance. Additionally, the County of 24 Fresno, in its discretion, when determining the sufficiency of a proposed surety 25 company, may require the surety company to provide additional information supported 26 by documentation. The County generally requires such information and 27 documentation whenever the proposed surety company has either a Best's Key Rating 28 Guide of less than A and a financial size designation of less than VIII. Provided, 29 however, that the County expressly reserves its right to require all information and 30 documentation to which the County is legally entitled from any proposed surety 31 company. 32 33 Pursuant to Public Contract Code Section 22300, substitution of securities for any 34 moneys withheld by the County of Fresno to ensure performance under the contract 35 shall be permitted. 36 37 The Board of Supervisors reserves the right to reject any or all bids. 38 39 Board of Supervisors, County of Fresno 40 41 Paul Nerland, County Administrative Officer 42 43 Bernice E. Seidel, Clerk to the Board 44 45 Issue Date: March 7, 2023 46 47 END OF SECTION Contract No.: 22-J-02 Notice to Bidders JOB ORDER CONTRACTS 22-J-03 0011 13-6 22-J-04 1 INSTRUCTIONS TO BIDDERS 2 3 1.01 EXPLANATION TO BIDDERS 4 5 An explanation desired by bidders regarding the meaning or interpretation of the bid 6 documents must be requested in writing no later than 10 days prior to the bid opening. 7 Oral explanations given before the award of the contract will not be binding. Any 8 interpretation made will be in the form of an addendum to the bid documents, said 9 addendum will only be issued by the County's Director of Public Works and Planning 10 ("Director"). A copy of the addendum will be furnished to each registered holder of a 11 set of the bid documents and its receipt shall be acknowledged on the Bid Proposal. 12 Each addendum will also be posted on the Public Works and Planning website at 13 http://www.co.fresno.ca.us/planholders. 14 15 16 1.02 EXAMINATION OF CONSTRUCTION TASK CATALOG°, TECHNICAL 17 SPECIFICATIONS AND CONTRACTING REQUIREMENTS 18 19 The bidder is required to examine carefully the Construction Task Catalog°, Technical 20 Specifications, Contracting Requirements, and contract forms for submitting a 21 proposal. It is mutually agreed that the submission of a proposal shall be considered 22 prima facie evidence that the bidder has made such examination and is satisfied with 23 the requirements of the Construction Task Catalog°, Technical Specifications and the 24 Contracting Requirements, Division 00. 25 26 27 1.03 PROPOSAL GUARANTEE 28 29 The bidder shall furnish bid security, also referred to herein as a proposal guarantee, 30 consisting of a bid bond, cash, certified check, or cashier's check for $25,000.00 31 ("Proposal Guarantee"). 32 33 In case security is in the form of a certified check or cashier's check, the County 34 (referred to hereinafter as "Owner") may make such disposition of same as will 35 accomplish the purpose of which submitted. Checks deposited by unsuccessful 36 bidders will be returned as soon as practicable after the bid opening. 37 38 39 1.04 PREPARATION OF PROPOSALS 40 41 The County intends to award a contract to each of the three (3) lowest responsive and 42 responsible bidders. One bid proposal is required by each bidder wishing to bid for 43 one of the contracts. 44 45 The bidder shall prepare a proposal on the blank proposal form furnished by the 46 County (Owner). The bidder shall specify Adjustment Factors in both words and 47 figures for all six (6) types of Adjustment Factors. 48 Contract No.: #22-J-02 Instructions to Bidders JOB ORDER CONTRACTS 22-J-03 0021 13-1 22-J-04 1 2 Alternate or conditional bids will not be accepted. 3 4 The bidder's proposal shall be executed by the individual, by one or more partners of 5 the partnership, or by one or more of the officers of the corporation submitting it. If the 6 proposal is made by an individual, a name and post office address must be shown. If 7 made by a partnership, the name of each member of the partnership must be shown. 8 If made by a corporation, the proposal must show the name of the state under which 9 the corporation was chartered and the name of the president, vice president, secretary 10 and treasurer. 11 12 The required proposal guarantee must accompany the proposal. 13 14 15 1.05 SUBCONTRACTORS 16 17 No subcontractors shall be listed with the bid. Each individual Work Order Proposal 18 under the Contract shall include the subcontractor listing. 19 20 21 1.06 SUBMISSION OF PROPOSAL 22 23 A. Electronic Bid Submittal 24 25 The bidder has the option to submit the bid for this Project 26 electronically. The bidder must either attach an electronic bid bond or 27 provide an original bid bond (or other form of bid security authorized by 28 Public Contract Code Section 20129(a)), prior to the bid opening. 29 30 Bidders submitting online may use one of the accepted electronic 31 sureties (Tibunu or Surety 2000) to submit their bid bond; or may 32 submit cash, cashier's check, certified check, or a bidder bond to 33 Design Services at 2220 Tulare St., Seventh Floor, Fresno, CA 93721. 34 Those submitting bid bonds directly to Design Services must submit 35 their bid bond: 36 37 1. Under sealed cover 38 2. Marked as a bid-bond 39 3. Identifying the contract number and the bid opening date on the 40 cover 41 42 B. Bid Submittal by Personal Delivery or by Mail 43 44 The bidder has the option to submit the bid by personal delivery or by 45 mail. If the bid is not submitted electronically, then all words and 46 figures shall be written on the Proposal form in ink. In the case of a 47 discrepancy between the factors written in words and those written in Contract No.: #22-J-02 Instructions to Bidders JOB ORDER CONTRACTS 22-J-03 0021 13-2 22-J-04 1 figures, the written words shall govern. The bidder's proposal shall be 2 signed in ink by the individual executing the bid on behalf of the bidder. 3 4 The required proposal guarantee must accompany the proposal. 5 6 Each proposal shall be submitted in a sealed envelope labeled to 7 clearly indicate the contract and contents. 8 9 When sent by mail, a sealed proposal must be addressed to the 10 Fresno County Department of Public Works and Planning, Office of the 11 Design Engineer, Seventh Floor, Fresno County Plaza Building, 2220 12 Tulare Street, Fresno, CA 93721 . All proposals shall be filed prior to 13 the time and at the place specified in the NOTICE TO BIDDERS. 14 Proposals received after the time for opening of the proposals will be 15 returned to the bidder unopened. 16 17 18 1.07 IRREGULAR PROPOSALS 19 20 Proposals shall be considered irregular and may be rejected for the following reasons: 21 22 A. The proposal forms furnished by the Owner are not used or are altered. 23 24 B. There are unauthorized additions, conditional or alternate proposals or 25 irregularities of any kind which tend to make the proposal incomplete or 26 indefinite. 27 28 C. The bidder adds any provision reserving the right to accept or reject an award, 29 or to enter into a contract pursuant to an award. 30 31 D. The bid fails to contain the specified six (6) Adjustment Factors. 32 33 34 1.08 DISQUALIFICATION OF BIDDERS 35 36 Any one or more of the following causes may be considered as sufficient for 37 disqualification of a bidder and rejection of that bidder's proposal: 38 39 A. More than one proposal for the same work from an individual, partnership or 40 corporation. 41 42 B. Evidence of collusion among bidders. Participants in such collusion will receive 43 no recognition as bidders for any future work of the Owner until such participant 44 shall have been reinstated as a qualified bidder. 45 46 C. Lack of competency and adequate machinery, plant or other equipment, as 47 may be revealed by financial statement if required. 48 Contract No.: #22-J-02 Instructions to Bidders JOB ORDER CONTRACTS 22-J-03 0021 13-3 22-J-04 1 D. Unsatisfactory performance record as shown by past work for the Owner, 2 judged from the standpoint of workmanship and progress. 3 4 E. Prior commitments or obligations which in the judgment of the Owner might 5 hinder or prevent the prompt completion of the work. 6 7 F. Failure to pay, or satisfactorily settle, all bills due for labor or materials on former 8 contracts in force at the time of letting the bid. 9 10 G. Failure to comply with any qualification regulation of the Owner. 11 12 H. Failure to furnish full amount of Proposal Guarantee with bid or failure to sign 13 bid bond. 14 15 16 1.09 WITHDRAWAL OR REVISION OF PROPOSALS 17 18 A bidder may, without prejudice, withdraw a proposal after it has been deposited, 19 provided the request for such withdrawal is received in writing before the time set for 20 opening proposals. The bidder may then submit a revised proposal provided it is 21 received prior to the time set for opening proposals. 22 23 24 1.10 PUBLIC OPENING OF PROPOSALS 25 26 Proposals will be opened and read publicly at the time and place indicated in the 27 Notice to Contractors. Bidders or their authorized agents are invited to be present. 28 29 30 1.11 BID PROTEST PROCEDURE / RELIEF OF BIDDER 31 32 A. BID PROTEST PROCEDURE 33 34 Any bid protest must be submitted in writing and delivered by the 35 Bidder by either of the following means: (1) via e-mail to 36 DesignServices@fresnocountyca.gov; or (2) via certified mail, return 37 receipt requested to the following address: Design Division, 38 Department of Public Works and Planning, 2220 Tulare Street, Sixth 39 Floor, Fresno, CA 93721. 40 41 The bid protest must be received no later than 5:00 p.m. of the seventh 42 (7th) calendar day following the deadline for submittal of the specific 43 bid document(s) placed at issue by the protest. Any Bidder filing a 44 protest is encouraged to submit the bid protest via e-mail, because the 45 deadline is based on the Department's receipt of the bid protest. A bid 46 protest accordingly may be rejected as untimely if it is not received by 47 the deadline, regardless of the date on which it was postmarked. The Contract No.: #22-J-02 Instructions to Bidders JOB ORDER CONTRACTS 22-J-03 0021 13-4 22-J-04 1 Bidder's compliance with the following additional procedures also is 2 mandatory: 3 4 The initial protest document shall contain a complete statement of the 5 grounds for the protest, including a detailed statement of the factual 6 basis and any supporting legal authority. 7 8 The protest shall identify and address the specific portion of the 9 document(s) forming the basis for the protest. 10 11 The protest shall include the name, address and telephone number of 12 the person representing the protesting party. 13 14 The Department will provide a copy of the initial protest document and 15 any attached documentation to all other Bidders or proposers who 16 appear to have a reasonable prospect of receiving an award 17 depending upon the outcome of the protest. 18 19 The Board of Supervisors will issue a decision on the protest. If the 20 Board of Supervisors determines that a protest is frivolous, the party 21 originating the protest may be determined to be irresponsible and that 22 party may be determined to be ineligible for future contract awards. 23 24 The procedure and time limits set forth herein are mandatory and are 25 the Bidder's sole and exclusive remedy in the event of a bid protest. 26 Failure by the Bidder to comply with these procedures shall constitute 27 a waiver of any right to further pursue the bid protest, including the 28 subsequent filing of a Government Code Claim or legal proceedings. 29 30 B. RELIEF OF BIDDER 31 32 A bidder who claims a mistake in their bid must follow the procedures 33 in Public Contract Code Section 5100 et seq in seeking relief of their 34 bid. 35 36 37 1.12 AWARD OF CONTRACT 38 39 The award of the contracts, if one or all are awarded, will be to the lowest responsible 40 bidders whose proposals comply with all the prescribed requirements. A successful 41 bidder will be awarded only one (1) contract from this Bid Solicitation. The awards if 42 made, will be within 54 calendar days after the opening of proposals. If the Owner 43 finds that it will be unable to award the contract within 54 calendar days after the 44 opening of proposals, the Director may request any or all bidders to extend all terms 45 of their proposal(s) to a specified date. Additional such extensions may possibly be 46 requested. If a bidder does not elect to extend the terms of his or her proposal beyond 47 the 54 calendar days following opening of proposals, or does not respond within 10 48 days to a request for an extension, that bidder's proposal will be deemed as having Contract No.: #22-J-02 Instructions to Bidders JOB ORDER CONTRACTS 22-J-03 0021 13-5 22-J-04 1 expired 54 calendar days following opening of the proposals, and that bidder's 2 proposal will not be considered for award of the contract. 3 4 Successful bidders will be notified in writing, by letter mailed to the address shown on 5 the proposal, that his/her bid has been accepted and that he or she has been awarded 6 the contract. 7 8 The right is reserved to reject any or all proposals, to waive technicalities, to advertise 9 for new proposals, or to proceed to do this work otherwise, if in the judgment of the 10 awarding authorities the best interests of the Owner will be promoted thereby. 11 12 13 1.13 CANCELLATION OF AWARD 14 15 The awarding authority reserves the right to cancel the award of any contract at any 16 time before the execution of said contract by all parties without any liability against the 17 Owner. 18 19 20 1.14 CONTRACT BONDS 21 22 The bidder to whom the award is made shall, within ten days, enter into a written 23 contract with the Owner. The bidder shall forfeit the proposal guarantee in case he or 24 she does not follow through with the contract within ten days after the contract is 25 awarded. 26 27 The successful bidder shall furnish a faithful performance and payment bond in the 28 amount of$2,000,000 each as security for the payment of all persons performing and 29 furnishing materials in connection with this Contract. If the aggregate outstanding Job 30 Orders issued under the contract exceeds $2,000,000, increases in the Payment and 31 Performance Bonds in increments of $500,000 will be required such that the amount 32 of the Payment and Performance Bonds are not less than one hundred percent 33 (100%) of the outstanding aggregate Job Orders issued. Bonds shall remain in force 34 for the duration and until completion of any outstanding Job Order. At no time may the 35 sum of outstanding Job Orders exceed the amount of the Payment and Performance 36 Bonds. The successful bidder shall furnish a one year Warranty Bond in the amount 37 of 10 percent (10%) of the Maximum Contract Value. Said bonds shall be submitted 38 in triplicate. 39 40 The payment bond shall contain provisions such that if the Contractor or his/her 41 subcontractors shall fail to pay (a) amounts due under the Unemployment Insurance 42 Code with respect to work performed under the contract, or (b) any amounts required 43 to be deducted, withheld and paid over to the Employment Development Department 44 and to the Franchise Tax Board from the wages of the employees of the Contractor 45 and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code 46 with respect to such work and labor, then the surety will pay these amounts. In case 47 suit is brought upon the payment bond, the surety will pay a reasonable attorney's fee 48 to be fixed by the court. Contract No.: #22-J-02 Instructions to Bidders JOB ORDER CONTRACTS 22-J-03 0021 13-6 22-J-04 1 2 The contract form is attached hereto for the Contractor's information only. Execution 3 of the contract by bidders will not be required until after the bid award is made. Liability 4 and Workers Compensation Insurance requirements shall be as set forth in the 5 Agreement. 6 7 8 1.15 BUILDERS RISK INSURANCE 9 10 The Contractor shall not be required to obtain Builder's Risk insurance for the overall 11 contract. Builder's Risk insurance may be required on an individual Work Order. This 12 requirement will be identified in the Detailed Scope of Work and the cost will be 13 handled with a reimbursable line item in the Work Order Price Proposal. 14 15 16 1.16 POST-BID / PRE-AWARD INFORMATION AND REQUIREMENTS 17 18 The Owner selected The Gordian Group's (Gordian) Job Order Contracting (JOC) 19 Solution for their JOC program. The Gordian JOC SolutionTM includes Gordian's 20 proprietary JOC Software and JOC Applications, construction cost data, and 21 Construction Task Catalog®which shall be used by the Contractor solely for the 22 purpose of fulfilling its obligations under this Contract, including the preparation and 23 submission of Job Order Proposals, Price Proposals, subcontractor lists, and other 24 requirements specified by the Owner. The Contractor shall be required to execute 25 Gordian's JOC System License and Fee Agreement and pay a 1% JOC System 26 License Fee to obtain access to Gordian JOC SolutionTM. The JOC System License 27 Fee applies to all Job Orders issued to the Contractor under the terms this Contract. 28 The Contractor shall include the JOC System License Fee in the Adjustment 29 Factors. 30 31 END OF SECTION 32 33 Contract No.: #22-J-02 Instructions to Bidders JOB ORDER CONTRACTS 22-J-03 0021 13-7 22-J-04 1 BIDDERS' CHECKLIST (CAPITAL IMPROVEMENT CONTRACTS) 2 3 Because of numerous technical irregularities resulting in rejected proposals for 4 projects, the following checklist is offered for the bidders' information and use in 5 preparing the paper proposal. This checklist is not to be considered as part of the 6 contract documents. Bidders are cautioned that deleting or not submitting a form 7 supplied in the bid documents (even if the form does not require signature) may 8 result in an irregular bid. 9 10 P-2, PROPOSAL SHEET (Section 00 42 13) 11 12 Bidder name on each sheet. Adjustment Factor for each type listed. Make no 13 additions such as "plus tax", "plus freight", or conditions such as "less 2% if paid 14 by 15th". Use ink or typewriter. Acknowledge addenda. 15 16 P-3, SUBCONTRACTOR LIST 17 18 Not Applicable for Job Order Contract bids. Subcontractor Listings shall be 19 required as part of a Work Order Proposal for each individual Work Order. 20 21 P-4.1, BID SECURITY FORM - Read the Notices and Notes (Section 00 43 13) 22 23 Indicate type of bid security provided. 24 Provide contract license information. 25 26 State business name and if business is a: 27 Corporation - list officers 28 Partnership - list partners 29 Joint Venture - list members 30 If Joint Venture members are corporations or partnerships, list their 31 officers or partners. 32 Individual - list Owner's name and firm name style 33 34 Signature of Bidder—BID MUST BE SIGNED! 35 Corporation - by an officer 36 Partnership - by a partner 37 Joint Venture - by a member 38 Individual - by the Owner 39 If signature is by a Branch Manager, Estimator, Agent, etc., the bid must be 40 accompanied by a power of attorney authorizing the individual to sign bids, 41 otherwise the bid may be rejected. 42 43 Business Address - Firm's Street Address 44 45 Mailing Address - P.O. Box or Street Address Contract No.: #22-J-02 Bidder's Checklist JOB ORDER CONTRACTS 22-J-03 0022 13-1 22-J-04 1 BID SECURITY (PROPOSAL GUARANTEE) 2 3 $25,000.00 4 5 Type of Bid Security: 6 7 Cash - Not recommended; cash is deposited in a clearing account and is 8 returned to bidders by County warrant. This process may take several 9 weeks. 10 11 Cashier's or Certified Checks - Will be held until the bid is no longer under 12 consideration. If submitted by a potential awardee, they will be returned 13 when the contract bonds are submitted and approved. 14 15 Bid Bonds - Must be signed by the bidder and by the attorney-in-fact for the 16 bonding company. Signature of attorney-in-fact should be notarized and the 17 bond should be accompanied by bonding company's affidavit authorizing 18 attorney-in-fact to execute bonds. An unsigned bid bond will be cause for 19 rejection. 20 21 P-4.2, NON COLLUSION DECLARATION (Section 00 45 19) 22 23 Must be completed, signed, and returned with bid. 24 25 P-5, MINORITY BUSINESS ENTERPRISE (Section 00 43 39) 26 27 (N/A). 28 29 P-6.1, Certification With Regard To The Performance Of Previous Contracts 30 Or Subcontracts Subject To The Equal Opportunity Clause And The Filing 31 Of Required Reports (Section 00 45 36) 32 33 Must be completed, signed, and returned with bid. Certification of subcontractors 34 is the responsibility of the Bidder and must be provided to the County upon 35 request. 36 37 P-6.2, TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 38 DEBARMENT AND SUSPENSION CERTIFICATION (Section 00 45 46) 39 40 Must be completed, signed, and returned with bid. Certification of subcontractors 41 is the responsibility of the Bidder and must be provided to the County upon 42 request. 43 44 Contract No.: #22-J-02 Bidder's Checklist JOB ORDER CONTRACTS 22-J-03 0022 13-2 22-J-04 1 P-7, GUARANTY OF WORK (Section 00 65 36) 2 3 Bidder to complete and return with bid. 4 5 OTHER 6 7 If the bid forms have been removed from the specifications booklet, staple the 8 pages together. 9 Make sure the bid envelope is sealed and shows the contract name, bid package 10 and contract number. 11 12 If the bid is mailed, allow sufficient time for postal delivery prior to the bid closing 13 time. Bids received after the scheduled time will be returned unopened. Be sure 14 the statement "DO NOT OPEN UNTIL TIME OF BID OPENING", is on the 15 envelope. 16 17 18 END OF SECTION 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Contract No.: #22-J-02 Bidder's Checklist JOB ORDER CONTRACTS 22-J-03 00 22 13-3 22-J-04 1 PROPOSAL TO THE BOARD OF SUPERVISORS 2 3 COUNTY OF FRESNO 4 5 6 Contract: General Building Job Order Contract 7 8 Contract No.: #22-J-02 9 22-J-03 10 22-J-04 11 12 Various Funding Orgs. 13 14 15 If this proposal shall be accepted and the undersigned shall fail to contract, as aforesaid, 16 and to give the two bonds in the sums to be determined as aforesaid, with surety 17 satisfactory to the Awarding Authority, within ten (10) days after the award of the 18 contract, the Awarding Authority, at its option, may determine that the bidder has 19 abandoned the contract, and thereupon this proposal and the acceptance thereof shall 20 be null and void, and the forfeiture of such security accompanying this proposal shall 21 operate and the same shall be the property of the Owner. 22 23 The undersigned, as bidder, declares that all addenda issued with respect to this bid 24 have been received and incorporated into this Proposal. The bidder's signature on this 25 Proposal also constitutes acknowledgement of all addenda. 26 27 The undersigned, as bidder, declares that the only persons, or parties interested in this 28 proposal as principals are those named herein; that this proposal is made without 29 collusion with any other person, firm or corporation; that they have carefully examined 30 the Construction Task Catalog°, Technical Specifications and Contracting 31 Requirements and they propose and agree if this proposal is accepted, that they will 32 contract with the County of Fresno to provide all necessary machinery, tools, apparatus 33 and other means of construction, and to do all the work and furnish all the materials 34 specified in the contract in the manner and time therein prescribed, and according to the 35 requirements of the Owner as therein set forth. 36 37 The Contractor shall perform all Work required called for in the Detailed Scope of Work 38 of each individual Work Order issued under this Contract using the Construction Task 39 Catalog°and Technical Specifications incorporated herein. Contractor shall perform any 40 or all functions called for in the Contract Documents as specified in individual Work 41 Orders against this Contract for the Unit Prices specified in the Construction Task 42 Catalog° (CTC) and Non Pre-priced work multiplied by the following Adjustment Factors. 43 44 The Bidder shall set forth Adjustment Factors in the respective space provided below. 45 See example below. Failure to submit Adjustment Factors for all categories will result 46 in the Proposal being deemed non-responsive. 47 48 The Other Than Normal Working Hours Adjustment Factors SHALL be EQUAL to 49 or GREATER THAN the corresponding Normal Working Hours Adjustment 50 Factors. 51 52 The Contractor shall perform the Tasks required by each individual Job Order 53 using the following Adjustment Factors. When submitting Work Order Price Contract No. #22-J-02 Proposal GENERAL BUILDING 22-J-03 00 42 13-1 JOB ORDER CONTRACTS 22-J-04 1 Proposals related to specific Work Orders, the Contractor shall utilize one or 2 more of the Adjustment Factors applicable to the Work being performed 3 provided on the Schedule of Adjustment Factors below, as applicable. 4 5 6 Example 7 8 9 1 2 1 0 2 10 11 One Point Two One Zero Two 12 (Written in words) (Specify to four (4) decimal places) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Contract No. #22-J-02 Proposal GENERAL BUILDING 22-J-03 0042 13-2 JOB ORDER CONTRACTS 22-J-04 Durham Construction Company, Inc . 1 PROPOSAL TO THE BOARD OF SUPERVISORS 2 3 COUNTY OF FRESNO 4 5 6 Contract: General Building Job Order Contract 7 8 Contract No.: #22-J-02 9 22-J-03 10 22-J-04 11 12 Various Funding Orgs. 13 14 15 If this proposal shall be accepted and the undersigned shall fail to contract, as aforesaid, 16 and to give the two bonds in the sums to be determined as aforesaid, with surety 17 satisfactory to the Awarding Authority, within ten (10) days after the award of the 18 contract, the Awarding Authority, at its option, may determine that the bidder has 19 abandoned the contract, and thereupon this proposal and the acceptance thereof shall 20 be null and void, and the forfeiture of such security accompanying this proposal shall 21 operate and the same shall be the property of the Owner. 22 23 The undersigned, as bidder, declares that all addenda issued with respect to this bid 24 have been received and incorporated into this Proposal. The bidder's signature on this 25 Proposal also constitutes acknowledgement of all addenda. 26 27 The undersigned, as bidder, declares that the only persons, or parties interested in this 28 proposal as principals are those named herein; that this proposal is made without 29 collusion with any other person, firm or corporation; that they have carefully examined 30 the Construction Task Catalog°, Technical Specifications and Contracting 31 Requirements and they propose and agree if this proposal is accepted, that they will 32 contract with the County of Fresno to provide all necessary machinery, tools, apparatus 33 and other means of construction, and to do all the work and furnish all the materials 34 specified in the contract in the manner and time therein prescribed, and according to the 35 requirements of the Owner as therein set forth. 36 37 The Contractor shall perform all Work required called for in the Detailed Scope of Work 38 of each individual Work Order issued under this Contract using the Construction Task 39 Catalog®and Technical Specifications incorporated herein. Contractor shall perform any 40 or all functions called for in the Contract Documents as specified in individual Work 41 Orders against this Contract for the Unit Prices specified in the Construction Task 42 Catalog®(CTC)and Non Pre-priced work multiplied by the following Adjustment Factors. 43 44 The Bidder shall set forth Adjustment Factors in the respective space provided below. 45 See example below. Failure to submit Adjustment Factors for all categories will result 46 in the Proposal being deemed non-responsive. 47 48 The Other Than Normal Working Hours Adjustment Factors SHALL be EQUAL to 49 or GREATER THAN the corresponding Normal Working Hours Adjustment 50 Factors. 51 52 The Contractor shall perform the Tasks required by each individual Job Order 53 using the following Adjustment Factors. When submitting Work Order Price Contract No. #22-J-02 Proposal GENERAL BUILDING 22-J-03 00 42 13-1 JOB ORDER CONTRACTS 22-J-04 Durham Construction Company, Inc . 1 Proposals related to specific Work Orders, the Contractor shall utilize one or 2 more of the Adjustment Factors applicable to the Work being performed 3 provided on the Schedule of Adjustment Factors below, as applicable. 4 5 6 Example 7 8 9 1 2 1 0 2 10 11 One Point Two One Zero Two 12 (Written in words) (Specify to four(4)decimal places) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Contract No. #22-J-02 Proposal GENERAL BUILDING 22-J-03 00 42 13-2 JOB ORDER CONTRACTS 22-J-04 1 BIDDER: Durham Construction Company, Inc. 2 3 Schedule of Adjustment Factors 4 5 In case of a discrepancy between words and figures the words shall prevail. Use clearly 6 legible words and figures 7 8 9 1. County/State-funded Projects — Normal Working Hours (7:00am to 5:00pm 10 Monday through Friday) 11 12 .2. F ■ 13 (Written in words) (Specify to four(4)decimal places) 14 15 2. County/State-funded Projects — Other Than Normal Working Hours (5:00pm to 16 7:00am Monday through Friday, and all day 17 Saturday, Sunday, and Holidays) 18 ■ C- 20 (Written in words) (Specify to four(4)decimal places) 21 22 3. Federally-funded Projects — Normal Working Hours (7:00am to 5:00pm Monday 23 through Friday) 24 — 25 ■ 27 (Written in words) (Specify to four(4)decimal places) 28 29 4. Federally-funded Projects — Other Than Normal Working Hours (5:00pm to 30 7:00am Monday through Friday, and all day 31 Saturday, Sunday, and Holidays) 32 ■ SCt 34 (Written in words) (Specify to four(4)decimal places) 35 36 5. County/State-funded Projects in Secure Facilities — Normal Working Hours 37 (7:00am to 5:00pm Monday through Friday) 38 39 40 ,x z ■ 41 (Written in words) (Specify to four(4)decimal places) 42 43 6. County/State-funded Projects in Secure Facilities —Other Than Normal 44 Working Hours (5:00pm to 7:00am Monday through Friday, and all day 45 Saturday, Sunday, and Holidays) 46 48 (Written in words) (Specify to four(4)decimal places) 49 50 51 52 53 Contract No. #22-J-02 Proposal GENERAL BUILDING 22-J-03 00 42 13-3 JOB ORDER CONTRACTS 22-J-04 1 BIDDER: Durham Construction Company, Inc . 2 3 Acknowledgement of Addendum: Addendum No. 1 Dated 4/6/2 3 Addendum No. Dated Addendum No. Dated Addendum No. Dated 4 5 6 7 Award Criteria Figure 8 9 Transfer the number on Line 13 from the Award Criteria Figure Calculation below 10 to the space provided below constituting the Bidder's Award Criteria Figure. 11 Transfer the number and write the words. 12 13 14 15 j O SIX ■ 16 (Written in clearly legible words) (Specify to four(4)decimal places in legible figures) 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Contract No. #22-J-02 Proposal GENERAL BUILDING 22-J-03 00 42 13-4 JOB ORDER CONTRACTS 22-J-04 Durham Construction Company, Inc. 1 Award Criteria Figure Calculation 2 3 The weighted multipliers in lines 2, 4, 6, 8, 10, and 12 below are for the purpose of 4 calculating an Award Criteria Figure only. No assurances are made by the Owner 5 that Work will be ordered under the Contract in a distribution consistent with the 6 weighted percentages. The Award Criteria Figure is only used for the purpose of 7 determining the lowest Bidder. 8 9 The Owner Reserves The Right To Revise All Arithmetic Errors In the 10 Calculation of the Award Criteria Figure For Correctness. 11 12 Instructions To Bidder: Specify lines 1 through 13 to four(4) decimal places. Use 13 conventional rounding methodology (i.e., if the number in the 5th decimal place is 14 0-4, the number in the 4th decimal remains unchanged; if the number in the 5th 15 decimal place is 5-9, the number in the 4th decimal is rounded upward). 16 Line 1. County/State-funded Projects — Normal 1. WorkingHours . �Q Line 2. Multiply Line 1 by 50% 2. 0-IM Line 3. County/State-funded Projects — Other 3. Than Normal WorkingHours �.��KD Line 4. Multiply Line 3 by 15% 4 bo Line 5. Federally-funded Projects — Normal 5. Working Hours 0,9q 00 Line 6. Multiply Line 5 by 5% 6. 0. oqqs Line 7. Federally-funded Projects — Other Than 7. Normal Working Hours D. Line 8. Multiply Line 7 by 5% 8.(9 Line 9. County/State-funded Projects in Secure 9. Facilities — Normal Working Hours I. too() Line 10. Multiply Line 9 by 15% 10.0, 165 Line 11. County/State-funded Projects in Secure 11. Facilities — Other Than Normal Working ��� Hours Line 12. Multiply Line 11 by 10% 12.0 Line 13. Add Lines 2, 4, 6, 8, 10 and 12. This is the Award Criteria Figure: (20 16 17 18 19 END OF PROPOSAL FORM 20 21 END OF SECTION Contract No.#22-J-02 Proposal GENERAL BUILDING 22-J-03 00 42 13-5 JOB ORDER CONTRACTS 22-J-04 Durham Construction Company, Inc . 1 Bid Security 2 Accompanying this proposal is security (check one only) in amount equal to at least 3 ten percent (10%) of the total amount of the bid: 4 Bid Bond (x); Certified Check ( ); Cashier's Check ( ); Cash ($ ) 5 6 Addenda Acknowledgement 7 Bidder has and acknowledges the following addenda: Addendum 1 (4/6/2 02 3) 8 9 Bidder Signature 10 Business Name Durham Construction Company, Inc . 11 Note: If bidder or other interested person is a corporation, state legal name of 12 corporation. If bidder is a co-partnership, state true name of firm. 13 Business Owners and Officers Names Chris Durham President Secretary, 14 Note: If bidder or other interested person is:Treasurer, Holder ot all Corporate Offices 15 • a corporation, list names of the president, secretary, treasurer and manager 16 thereof 17 • a partnership, list names of all individual co-partners composing firm. 18 • an individual, state first and last name in full. 19 Names of Owners and Key Employees Chris Durham 20 Note: List majority owners of your firm. If multiple owners, list all. Also include anyone, 21 including key employees, who are actively promoting the contract. (SB1439) 22 Licensed in accordance with an act providing for the registration of Contractors: 23 Class B Contractor License No. 765896 Expires 0 7/31/2 0 2 3 24 DIR Registration Number 1000002869 25 26 Business Address: 1025 Holland Ave . Clovis, CA 93612 27 Zip Code 28 Mailing Address: 1025 Holland Ave . Clovis, CA 93612 29 Zip Code 30 Business Phone: ( 559 )294-9500 Fax Number: ( 559 ) 294-9200 31 32 Email Address Chris@durham- onstruction . com 33 34 Signature of Bidder: Aaw Dated: 0 4/13/2 0 2 3 35 36 NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth 37 above together with the signature of the officer or officers authorized to sign 38 contracts on behalf of the corporation; if bidder is a co-partnership, the true name of 39 the firm shall be set forth above together with the signature of the partner or partners 40 authorized to sign contracts on behalf of the co-partnership; and if bidder is an 41 individual, his or her signature shall be placed above. If signature is by an agent, 42 other than an officer of a corporation or a member of a partnership, a Power of 43 Attorney must be on file with the Owner prior to opening bids or submitted with 44 the bid; otherwise, the bid will be disregarded as irregular and unauthorized. 45 46 END OF SECTION Contract No.:#22-J-02 Bid Security Form JOB ORDER CONTRACTS 22-J-03 00 43 13-1 22-J-04 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Nance,Jega/.rtatttstnnladdresa) (Name,legal statirsaird)aritrcipal phicc rfhminex) Durham Construction Company, Inc. Endurance Assurance Corporation 1025 Holland Avenue 12890 Lebanon Road Clovis, CA 93612 Mount Juliet, TN 37122-2870 This document has important legal consequences.Consultation Mailing Address for Notices with an attorney is encouraged Endurance Assurance Corporation with respect to its completion or OWNER: 12890 Lebanon Road modification. (Xame, legal statrtsand addrusss) Mount Juliet, TN 37122-2870 Any singular reference to Fresno County Contractor,Surety,Owner or Department of Public Works and Planning other party shalt be considered 2220 Tulare Street, 6th Floor plural where applicable. Fresno, CA 93721 BONG AMOUNT: $25,000 Twenty Five Thousand and 00/100 Dollars PROJECT: (Xantc.location or address and Project ntnnher.if ani) General Building Job Order Contract Contract No. 22-J-02, 22-J-03, 22-J-04 The Contractor and Surety are bound to the Owner in the annount sct forth above,for the payincnt of which the Contractor and Surety bind themselves,their heirs,executors,administrators,stiecessors and assigns,jointly niid severally;as provided herein.The conditions of this Band arc such that if the Owner accepts the bid of tlic Contractor within the time specified iu the bid documents,or within such time period ns nmy be a2.ree.d to by the Owner and Contractor,ntpd ilte Contractor either(1)enters into n contract with the Owner i n acrordnne with the terms ofsuch bid,and gives such bond or bonds as nnav be specified in the bidding orContract Documents,with a surety admitted in the jurisdiction of the Project and.other%ise acceptable to the Owner,for the faithful performance of such.Contract and.for the prompt, payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null rand Void,otherwise to remain in 1ii11 three and effect.The Sure( y hereby waives any notice of an agreement between(lie Owner and Contractor to extend the linie in which the Owner may accept the bid.Waiver of aolice-by the Surety shall not apply to any extension exceeding sixtyy(60)days in the aggregate beyond the tine Ibr acceptance of bids specified in the bid documents,and the Owner and Comracior shall obtain the Surciy's consent ilwan extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid ton Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the iowlion ofthe project_any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con1bm'ling to such slatutory or other legal requirement shall be deemed incorporated herein.When so furnished.the intent is that this Bond shall be construed Lis a statutory bond and not as a common law bond. Signed and scaled this 10th day of April, 2023 Durham Construction Company, Inc. (Pri)Icipal) (Seal) (1 J'irncss) Rv. fTitlr.) Endurance Assurance Corporation (Srarety) ('Veld) (Witness) 13y: fTttle) Kim Wilson,Attorney-in-Fact SuretyQn-e-No. 628-242-1624 S-00541AS 8110 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss County of Fresno ) On rU 10, 2.o 2_1 before me, Lyn Genito, Notary Public, personally appeared Kim Wilson who proved to me on the basis of satisfactory evidence to be the person4s whose names} is/a-e subscribed to the within instrument and acknowledged to me that 4e/she/ executed the same in #i-s/her/#K* authorized capacity4es4, and that by 4+s/her/theif signature} on the instrument the person{s4, or the entity upon behalf of which the person{- acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. oF, LYN GENITO F 9 NOTARY PUBLIC-CALIFORNIA COMMISSION#2435271 ® *�* FRESNO COUNTY .F My Comm.Exp,January 21.2027 Signature: (Seal) Lyn Genito, Notar Public 1r SOMPO INTERNATIONAL POWER OF ATTORNEY 2697 KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware corporation,and/or Bond Safeguard Insurance Company,a South Dakota corporation,each,a"Company"and collectively, 'Sompo International,"do hereby constitute and appoint.Steven P.Edwards,Lyn Genito,Kim Wilson,Bonnie Gonzalez as true and lawful Attorney(s)-I n-F act to make,execute,seal,and deliver for,and on its behalf as surety or co-surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single bond or undertaking so made,executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of ONE HUNDRED MILLION Dollars($100,000,000.00). Such bonds and undertakings for said purposes,when duly executed by said attorney(s)-in-fact,shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 1511' day of June,2019,a copy of which appears below under the heading entitled"Certificate" This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 1511,day of June,2019 and said resolution has not since been revoked,amended or repealed: RESOLVED,that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached IN WITNESS WHEREOF,each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 151h day of June,2019, Endurance Assurance Corporation, Endurance American Bond Safeguard Insurance,Cprppany r=, Insurance,Company By: By Richard Appel;,4,VA&,§enior Counsel Richard Appel�,SVP4,§enior Counsel Richard Appe 1'.*K Senior Counsel �--.--- R C; .:c�P 4r;+m-C''% a`�c '.nr CR^,,S•`% A •••t� CC, Soul H SEAL = U 1,7LI'11EJ ' = DAKOTA O=_ :c, f7; _p, INSURANCE `- 2002Q', COMPANY R `c�•,OELA,VARE,•'J j'.DEL A'oV,1Rf•,'� ,.� %O� Jy '(`�� ACKNOWLEDGEMENT ............... On this 151h day of June,2019,before me,personally came the above signatories known to me,who being duly sworn,did depose and say that he/ttiay`1Qff,*cer of each of the Companies,and that he executed said instrument on behalf of each Company by authority of his offic under th by ws of each Company; ��v•--i�R srrE - TEMUESSEE XpT R Amy aylor,Not ublic My Commisskn E-xpiresK5/p/23Z CERTIFICATE 0! I,the undersigned Officer of each Company,DO HEREBY CERTIFY that: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked amended or modified, that the undersigned has compared the foregoing copy thereof with the original power of attorney,and that the same is a true and correct copy of the original power of attorney and of the whole thereof, 2.The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15,2019 and said resolutions have not since been revoked,amended or modified "RESOLVED,that each of the individuals named below is authorized to make,execute,seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co-surety with others: RICHARD M.APPEL,BRIAN J.BEGGS,CHRISTOPHER DONELAN,SHARON L.SIMS, CHRISTOPHER L.SPARRO,MARIANNE L.WILBERT ,and be it further RESOLVED,that each of the individuals named above is authorized to appoint attorneys-in-fact for the purpose of making,executing,sealing and delivering bonds, undertakings or obligations in surety or co-surety for and on behalf of the Company." 3 The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this I O day of 20 . By Dante S. rie, e retary NOTICE- U.S.TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL(OFAC/ No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control(OFAC)administers and enforces sanctions policy,based on Presidential declarations of"national emergency" OFAC has identified and listed numerous foreign agents,front organizations,terrorists,terrorist organizations,and narcotics traffickers as"Specially Designated Nationals and Blocked Persons".This list can be located on the United States Treasury's website—https://www.treasury.gov/resource-center/sanctions/SDN-List In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S sanctions law or is a Specially Designated National and Blocked Person,as identified by OFAC,any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract,no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply, Any reproductions are void. Surety Claims Submission:LexonClaimAdministration(&sompo-intl.com Telephone:615.563-9500 Mailing Address:Sompo International;112890 Lebanon Road;Mount Juliet,TN 37122-2870 Durham Construction Company, Inc . 1 CONTRACT: GENERAL BUILDING JOB ORDER CONTRACTS 2 CONTRACT: 22-J-02, 22-J-03, 22-J-04, Class B 3 4 To the Board of Supervisors, County of Fresno: 5 6 NON-COLLUSION DECLARATION 7 8 TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID* 9 10 The undersigned declares: 11 President, Secretary, Treasurer, Holder of all 12 lam the Corporate Offices of 13 (Owner, Partner, Corporate Officer (list title), Co-Venturer) 14 15 Durham Construction Company, Inc . the party 16 making the foregoing bid. 17 18 The bid is not made in the interest of, or on behalf of, any undisclosed person, 19 partnership, company, association, organization, or corporation. The bid is 20 genuine and not collusive or sham. The bidder has not directly or indirectly induced 21 or solicited any other bidder to put in a false or sham bid. The bidder has not 22 directly or indirectly colluded, conspired, connived, or agreed with any bidder or 23 anyone else to put in a sham bid, or refrain from bidding. The bidder has not in any 24 manner, directly or indirectly, sought by agreement, communication, or conference 25 with anyone to fix the bid price of the bidder or any other bidder, or to fix any 26 overhead, profit, or cost element of the bid price, or of that of any other bidder. All 27 statements contained in the bid are true. The bidder has not, directly or indirectly, 28 submitted his or her bid price or any breakdown thereof, or the contents thereof, 29 or divulged information or data relative thereto, to any corporation, partnership, 30 company, association, organization, bid depository, or to any member or agent 31 thereof, and has not paid, and will not pay, any person or entity for that purpose. 32 33 Any person executing this declaration on behalf of a bidder that is a corporation, 34 partnership, joint venture, limited liability company, limited liability partnership, or 35 any other entity, hereby represents that he or she has full power to execute, and 36 does execute, this declaration on behalf of the bidder. 37 38 1 declare under penalty of perjury under the laws of the State of California that the 39 foregoing is true and correct and that this declaration is executed on April 13 , 40 2023, 41 42 at Clovis CA 43 [city] [state] 44 45 (Signature) 46 47 (See Title 23 United States Code Section 112; Calif Public Contract Code Section 48 7106) 49 50 *NOTE: Completing, signing, and returning the Non-Collusion Declaration is a 51 required part of the Proposal. Bidders are cautioned that making a false 52 certification may subject the certifier to criminal prosecution. 53 54 END OF SECTION Contract No.: #22-J-02 Non-Collusion Declaration GENERAL BUILDING 22-J-03 00 45 19-1 JOB ORDER CONTRACTS 22-J-04 Durham Construction Company, Inc . 1 CONTRACT: GENERAL BUILDING JOB ORDER CONTRACT 2 CONTRACT: 22-J-02, 22-J-03, 22-J-04, Class B 3 4 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS 5 CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY 6 CLAUSE AND THE FILING OF REQUIRED REPORTS. 7 8 9 10 The bidder or proposed subcontractor hereby certifies that they have , have not 11 participated in a previous contract or subcontract subject to the equal opp rtunity clause, 12 as required by Executive Orders 10925, 11114, or 11246, and that they have _, have 13 not _, filed with the Joint Reporting Committee, the Director of the Office of Federal 14 Contract Compliance, a Federal Government contracting or administering agency, or the 15 former President's Committee on Equal Employment Opportunity, all reports due under 16 the applicable filing requirements. 17 18 19 Durham Construction Company, Inc. 20 (Company) 21 22 By: Chris Durham 23 24 President 25 (Title) 26 27 Date: 04/13/2023 28 29 30 NOTE: The above certification is required by the Equal Employment Opportunity 31 Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1), and must be submitted by 32 bidders and proposed subcontractors only in connection with contracts and subcontracts 33 which are subject to the equal opportunity clause. Contracts and subcontracts which are 34 exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only 35 contracts or subcontracts of$10,000 or under are exempt.) 36 37 Currently, Standard Form 100(EEO-1)is the only report required by the Executive Orders 38 or their implementing regulations. 39 40 Proposed prime contractors and subcontractors who have participated in a previous 41 contract or subcontract subject to the Executive Orders and have not filed the required 42 reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and 43 subcontracts unless such contractor submits a report covering the delinquent period or 44 such other period specified by the Director, Office of Federal Contract Compliance, U. S. 45 Department of Labor. 46 47 ~ 48 49 50 51 52 53 54 Contract No.:#22-J-02 Equal Opportunity GENERAL BUILDING 22-J-03 Certification JOB ORDER CONTRACTS 22-J-04 00 45 36-1 Durham Construction Company, Inc . 1 CONTRACT: GENERAL BUILDING JOB ORDER CONTRACT 2 3 CONTRACT: 22-J-02, 22-J-03, 22-J-04, Class B 4 5 TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 6 DEBARMENT AND SUSPENSION CERTIFICATION 7 8 The bidder or proposed subcontractor under penalty of perjury, certifies that, except as 9 noted below, he/she or any person associated therewith in the capacity of owner, partner, 10 director, officer, manager: 11 12 is not currently under suspension, debarment, voluntary exclusion, or determination 13 of ineligibility by any federal agency; 14 15 has not been suspended, debarred, voluntarily excluded or determined ineligible by 16 any federal agency within the past 3 years; does not have a proposed debarment 17 pending; and has not been indicted, convicted, or had a civil judgment rendered 18 against it by a court of competent jurisdiction in any matter involving fraud or official 19 misconduct within the past 3 years. 20 21 If there are any exceptions to this certification, insert the exceptions in the following space: 22 23 (x) No Exceptions 24 25 26 27 28 Exceptions will not necessarily result in denial of award, but will be considered in 29 determining bidder responsibility. For any exception noted above, indicate below to whom 30 it applies, initiating agency, and dates of action: 31 32 33 34 Note: Providing false information may result in criminal prosecution or administrative 35 sanctions. 36 37 The above certification is part of the Proposal. Signing the Proposal on the 38 signature portion thereof shall also constitute signature of this Certification. 39 40 By my signature on this proposal, I certify, under penalty of perjury under the laws of the 41 State of California and the United States of America, that the Title 23 United States Code, 42 Section 112 Non-Collusion Declaration and the Title 49 Code of Federal Regulations, Part 43 29 Debarment and Suspension Certification are true and correct. 44 45 Company: Durham Constructi n Cmpany, Inc . 46 47 By: Chris Durham ` 48 49 Date: 04/13/2023 50 51 Title: President 52 53 54 Proposal - 6.2A Contract No.:#22-J-02 Debarment and GENERAL BUILDING 22-J-03 Suspension Certification JOB ORDER CONTRACTS 22-J-04 00 45 46-1 Durham Construction Company, Inc. CONTRACT: GENERAL BUILDING JOB ORDER CONTRACTS CONTRACT: 22-J-02, 22-J-03, 22-J-04, Class B NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The undersigned certifies, 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 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 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. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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 certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Bidder: Durham Construction Company, Inc . By. Chris Durham "o Date: 04/13/2023 Title: President Contract No.:#22-J-02 Nonlobbying Certification For Federal-Aid Contracts GENERAL BUILDING 22-J-03 00 46 56 JOB ORDER CONTRACTS 22-J-04 Durham Construction Company, Inc . OMB 0348-0046 DISCLOSURE OF LOBBYING ACTIVITIES COMPLF,TE TI-11S FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a. contract ❑ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity >. If Reporting Entity in No.4 is Subarvardee, Enter Name and Address of Prime: ❑ Prime ❑ Subawardee Tier if known 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. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual,last name,first name.MI) (including address if different from No. 10) (last name.first name,MI) (attach Continuation Sheet(s)ifnceessary) 12. Amount of Payment(check all that apply) 14. Type of Payment(check all that apply) S ❑ actual ❑ planned a. retainer b. one-time fee 13. Form of Payment(check all that apply): c. commission ❑ a. cash d. contingent fee b. in-kind:specify:nature e deferred Value 1. other,specify 15. 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 12: (attach Continuation Sheet(s)if necessary) 16. Continuation Sheet(s)attached: Yes © No 17.Information requested through this form is authorized by Title 31 U.S.C.Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. Telephone No.: Date: Authorized for Local Reproduction Federal Use Only: Standard Form-LLL Standard Poem LLL Rev.04-28-06 Proposal 12(a) May 8,2013 Durham Construction Company, Inc . OMB 0348-0046 INSTRUCTIONS FOR COMPLETING EYIIIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is 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 dale ofthe last,previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name,address,city,state,and zip code ofthe reporting entity. Include Congressional District if known. Check the appropriate classification ofthe 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 ofthe 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 ofthe 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 Fedcral 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. I-or a covered federal action where there has been an award or loan commitment by the Federal agency,enter the federal amount ofthe award/loan commitments for the prime entity identified in item 4 or 5. 10. 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. 11. Enter the full names ofthe individual(s)performing services and include hill address if different from 10(a). Enter Last Name, First Name and Middle Initial(M1). 12. 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. Ifthis is a material change report,enter the cumulative amount of payment made or planned to be made. 13. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind payment. 14. Check all boxes that apply. If other,specify nature. 15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s)of Congress that were contacted. 16. Check whether or not a continuation sheet(s)is attached. 17. The certifying official shall sign and date the form,and 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.St.- LLL-Instructions Rev.06-04 Proposal 12(b) May 8, 2013 Durham Construction Company, Inc . CONTRACT: JOB ORDER CONTRACT 1 2 CONTRACT NO: #22-J-02, 22-J-03, 22-J-044, Class B 3 4 (This guaranty shall be executed by the successful bidder in accordance with Section 5 2.32 of the General Conditions. The bidder may execute the guaranty on this page at 6 the time of submitting the bid.) 7 8 GUARANTY 9 10 To the Owner: County of Fresno 11 12 13 The undersigned guarantees the construction and installation of the following work 14 included in this project: 15 16 ALL WORK 17 18 Should any of the materials or equipment prove defective or should the work as a 19 whole prove defective, due to faulty workmanship, material furnished or methods of 20 installation, or should the work or any part thereof fail to operate properly as originally 21 intended and in accordance with each individual Work Order Detailed Scope of Work 22 and specifications, due to any of the above causes, all within twelve (12) months after 23 the date on which the Work Order under this contract is accepted by the Owner, the 24 undersigned agrees to reimburse the Owner, upon demand, for its expenses incurred 25 in restoring said work to the condition contemplated in said project, including the cost 26 of any such equipment or materials replaced and the cost of removing and replacing 27 any other work necessary to make such replacement or repairs, or, upon demand by 28 the Owner, to replace any such material and to repair said work completely without 29 cost to the Owner so that said work will function successfully as originally 30 contemplated. 31 32 The Owner shall have the unqualified option to make any needed replacement or 33 repairs itself or to have such replacements or repairs done by the undersigned. In the 34 event the Owner elects to have said work performed by the undersigned, the 35 undersigned agrees that the repairs shall be made and such materials as are 36 necessary shall be furnished and installed within a reasonable time after the receipt 37 of demand from the Owner. If the undersigned shall fail or refuse to comply with his 38 obligations under this guaranty, the Owner shall be entitled to all costs and expenses 39 reasonably incurred by reason of said failure or refusal. 40 41 42 Durham Construction any, Inc . 43 (Company) 44 �I 45 By: Chris Durham 46 47 President 49 (Title) 50 Date: 04/13/2023 51 52 END OF SECTION Contract No.: #22-J-02 Guaranty JOB ORDER CONTRACTS 22-J-03 00 65 36-1 22-J-04 1 CONTRACT: GENERAL BUILDING JOB ORDER CONTRACT 2 CONTRACT: 22-J-02, 22-J-03, 22-J-04, Class B 3 4 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS 5 CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY 6 CLAUSE AND THE FILING OF REQUIRED REPORTS. 7 8 9 10 The bidder or proposed subcontractor hereby certifies that they have have not 11 participated in a previous contract or subcontract subject to the equal o portunity clause, 12 as required by Executive Orders 10925, 11114, or 11246, and that they have, have 13 not _, filed with the Joint Reporting Committee, the Director of the Office Federal 14 Contract Compliance, a Federal Government contracting or administering agency, or the 15 former President's Committee on Equal Employment Opportunity, all reports due under 16 the applicable filing requirements. 17 18 19 DOJr havA 20 (Compan 21 22 By: ua& 23 24 of A rvt 25 (Title) 26 27 Date: 28 29 30 NOTE: The above certification is required by the Equal Employment Opportunity 31 Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1), and must be submitted by 32 bidders and proposed subcontractors only in connection with contracts and subcontracts 33 which are subject to the equal opportunity clause. Contracts and subcontracts which are 34 exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only 35 contracts or subcontracts of$10,000 or under are exempt.) 36 37 Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders 38 or their implementing regulations. 39 40 Proposed prime contractors and subcontractors who have participated in a previous 41 contract or subcontract subject to the Executive Orders and have not filed the required 42 reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and 43 subcontracts unless such contractor submits a report covering the delinquent period or 44 such other period specified by the Director, Office of Federal Contract Compliance, U. S. 45 Department of Labor. 46 47 48 49 50 51 52 53 54 Contract No.: #22-J-02 Equal Opportunity GENERAL BUILDING 22-J-03 Certification JOB ORDER CONTRACTS 22-J-04 00 45 36-1 OMB 0348-0046 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a. contract ❑ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: ❑ Prime ❑ Subawardee Tier if known 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. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual,last name,first name,MI) (including address if different from No. 10) (last name,first name,MI) (attach Continuation Sheet(s)if necessary) 12. Amount of Payment(check all that apply) 14. Type of Payment(check all that apply) $ ❑ actual ❑ planned a. retainer b. one-time fee 13. Form of Payment(check all that apply): c. commission ❑ a. cash d. contingent fee b. in-kind;specify:nature e deferred Value f. other,specify 15. 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 12: (attach Continuation Sheet(s)if necessary) 16. Continuation Sheet(s)attached: Yes 0 No ❑ 17.Information requested through this form is authorized by Title 31 U.S.C.Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. print Name: 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. Telephone No.: Date: Authorized for Local Reproduction Federal Use Only: Standard Form-LLL Standard Form LLL Rev.04-28-06 Proposal 12(a) May 8, 2013 OMB 0348-0046 INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is 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 the Federal agency,enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. 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. 11. Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name, First Name and Middle Initial(MI). 12. 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. 13. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind payment. 14. Check all boxes that apply. If other,specify nature. 15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s)of Congress that were contacted. 16. Check whether or not a continuation sheet(s)is attached. 17. The certifying official shall sign and date the form,and 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.SF- LLL-Instructions Rev.06-04 Proposal 12(b) May 8, 2013 1 AGREEMENT 2 3 4 THIS AGREEMENT made at Fresno, in Fresno County, California, by and 5 between Durham Construction Company, Inc., hereinafter "Contractor", and the County of 6 Fresno, hereinafter "Owner". 7 8 WHEREAS: This Agreement, together with other Contract Documents (as 9 defined hereinbelow), shall establish an indefinite quantity Job Order Contract pursuant to 10 which Contractor shall perform an ongoing series of individual projects at different 11 locations throughout the County of Fresno. The construction work and services performed 12 by Contractor under this Agreement shall be carried out pursuant to individual Work 13 Orders. All capitalized terms not defined in this Agreement shall have the meanings set 14 forth in the General Conditions referenced hereinbelow and incorporated herein by 15 reference. 16 17 WITNESSETH, the Contractor and the Owner, for the consideration hereinafter 18 named, agree as follows: 19 20 ARTICLE I. The Contractor agrees to furnish all labor, equipment and materials, including 21 tools, implements, and appliances required, and to perform all the work in a good and 22 workmanlike manner, free from any and all liens and claims of mechanics, materialmen, 23 subcontractors, artisans, machinists, teamsters, and laborers required for Job Order 24 Contract No. 22-i-02, also referred to herein as the "Contract". 25 22-J-03 26 22,J-04 27 All goods and services provided shall be in strict compliance with the Construction Task 28 Catalog°, Technical Specifications and Contracting Requirements therefore prepared by 29 the Director of the Fresno County Department of Public Works and Planning and his 30 authorized representatives, hereinafter "Project Manager", and other contract documents 31 relating thereto. 32 33 ARTICLE II. The Contractor and the Owner agree that the Advertisement (Notice to 34 Bidders), the Wage Scale, the Proposal hereto attached, the Instructions to Bidders, the 35 General Conditions of the contract, the Technical Specifications, the Construction Task 36 Catalog° and the Addenda and Bulletins thereto, the Contract Bonds and Certificates of 37 Liability and Workers Compensation Insurance, and the Work Orders, together with this 38 Agreement, form the Contract Documents, and they are as fully a part of the contract as if 39 hereto attached or herein repeated. But no part of said specifications that is in conflict with 40 any portion of this Agreement, or that is not actually descriptive of the work to be done 41 thereunder, or of the manner in which the said work is to be executed, shall be considered 42 as any part of this Agreement, but shall be utterly null and void, and anything that is 43 expressly stated, delineated or shown in or upon the specifications or Detailed Scope of 44 Work shall govern and be followed, notwithstanding anything to the contrary in any other 45 source of information or authority to which reference may be made. 46 47 ARTICLE III. The Contractor agrees that the work under the contract shall be completed 48 as determined by the Owner as set forth in the individual Work Orders. Time of 49 performance shall be deemed as of the essence hereof and it is agreed that actual 50 damages to the Owner from any delay in completion beyond the date provided for herein, 51 or any extension thereof until the work is completed or accepted, shall be all provable 52 damages plus liquidated damages as identified in the individual Work Orders ranging 53 from Two Hundred Fifty and 00/100 DOLLARS ($250.00) to Five Thousand and Contract No.: #22-i 02 Agreement JOB ORDER CONTRACTS 22-J-03 00 52 13-1 1 00/100 DOLLARS ($5000.00) per day; that said liquidated damage was arrived at by a 2 studied estimate of loss to the Owner in the event of a delay considering the following 3 damage items which are extremely difficult or impossible to determine: Additional 4 construction expense resulting from delay of completion including, but not limited to, 5 engineering, inspection, rental and utilities; provided, however, the Owner may 6 conditionally accept the work and occupy and use the same if there has been such a 7 degree of completion as shall in its opinion render the same safe, fit and convenient for 8 the use for which it is intended and in such cases the Contractor and Surety shall not be 9 charged for liquidated damages for any period subsequent to such conditional 10 acceptance and occupation by the Owner but Owner may assess actual damages 11 caused by failure of total completion during such period. The time during which the 12 Contractor is delayed in said work by the acts or neglects of the Owner or its employees 13 or those under it by contract or otherwise, or by the acts of God which the Contractor 14 could not have reasonably foreseen and provided for, or by storms and inclement 15 weather which delays the work, or by any strikes, boycotts, or like obstructive action by 16 employee or labor organizations, or by any general lockouts or other defensive action 17 by employers, whether general, or by organizations of employers, shall be added to the 18 time for completion as aforesaid. 19 20 ARTICLE IV. COMPENSATION: The Owner agrees to make payments on account 21 thereof as provided in the General Conditions. 22 23 The Contract is an indefinite-quantity contract for construction work and services. There 24 is no Minimum Contract Value for this Contract. If a contract is awarded, the Contractor 25 is not guaranteed to receive a specified minimum amount of work during the Contract 26 Term. The Maximum Contract Value is $5,700,000.00. The Contractor is not guaranteed 27 to receive this volume of Work Orders. The Owner has no obligation to issue Work 28 Orders in excess of the Minimum Contract Value. 29 30 The Contractor shall perform all work required, necessary, proper for or incidental to 31 completing the Detailed Scope of Work called for in each individual Work Order issued 32 pursuant to this Contract for the Unit Prices set forth in the Construction Task Catalog° 33 and the following Adjustment Factors: 34 35 1. County/ State-funded Projects— Normal Working Hours (7:00am to 5:00pm Monday 36 through Friday) 37 38 39 2. County / State-funded Projects — Other Than Normal Working Hours (5:00pm to 40 7:00am Monday through Friday, and all day Saturday, Sunday, and Holidays) 41 42 43 3. Federally-funded Projects — Normal Working Hours (7:00am to 5:00pm Monday 44 through Friday) 45 46 47 4. Federally-funded Projects — Other Than Normal Working Hours (5:00pm to 7:00am 48 Monday through Friday, and all day Saturday, Sunday, and Holidays) 49 50 51 5. County/State-funded Projects in Secure Facilities— Normal Working Hours (7:00am 52 to 5:00pm Monday through Friday) 53 Contract No.: #22 i 02 Agreement JOB ORDER CONTRACTS 22-J-03 00 52 13-2 22i 04 1 2 6. County / State-funded Projects in Secure Facilities — Other Than Normal Working 3 Hours (5:00pm to 7:00am Monday through Friday, and all day Saturday, Sunday, 4 and Holidays) 5 6 Material price spike adjustment: For the purpose of this clause, a "major spike" is 7 defined as a spike in a specific material cost of more than 25% above what the cost of 8 that material was on the date the Construction Task Catalog® was issued. 9 10 1. In the event a major spike occurs in a specific material cost, the Contractor may 11 submit a request for a price modification to a Unit Price or individual Job Order. 12 In order to initiate such a request, the Contractor shall: 13 a. identify the specific material that has experienced a major spike, 14 b. identify Pre-priced Task(s) or Job Orders that require the material 15 experiencing a major spike, and 16 c. demonstrate that the spike exists by submitting a minimum of three quotes 17 on material supplier letterhead to show that the current price meets the 18 "major spike" definition above. 19 20 2. Fresno County, after review of a request, may elect to adjust the Unit Price or Job 21 Order by considering it a Non Pre-priced (NPP) item. The adjustment will be for 22 the difference between the material cost at the time the Construction Task 23 Catalog® was issued times the quantity stated in the Job Order. The adjustment 24 will not include any other markup, and the NPP adjustment factor will not apply. 25 26 ARTICLE V. TERM: The Term of the Job Order Contract shall be for one (1) year, or 27 when issued Work Orders totaling the Maximum Contract Value have been completed, 28 whichever occurs first. All Work Orders shall be issued, but not necessarily completed 29 within one calendar year after the commencement date of this Agreement. 30 31 All Work Orders for which a Notice to Proceed is issued by the County Contract Manager 32 during the term of this Contract shall be valid and in effect notwithstanding that the 33 Detailed Scope of Work may be performed, payments may be made, and the guarantee 34 period may continue, after the Contract Term has expired. All terms and conditions of 35 the Contract apply to each Work Order. No notices to proceed will be issued after 5:00, 36 P.M. on the final day of the Contract Term. 37 38 ARTICLE VI. The Contractor and the Owner agree that changes in this Agreement shall 39 become effective only when written in the form of an amendment approved and signed 40 by the Owner and the Contractor. 41 42 The Contractor and the Owner agree that the Owner shall have the right to request any 43 alterations, deviations, reductions or additions to the Detailed Scope of Work of the 44 individual Work Orders or specifications or any of them, and the amount of the cost 45 thereof shall be handled by issuance of a Supplemental Work Order. 46 47 This contract shall be deemed completed when the work of all individual Work Orders is 48 finished in accordance with all Contract Documents as amended by such changes. No 49 such change or modification shall release or exonerate any surety upon any guaranty or 50 bond given in connection with this contract. 51 52 Contract No.: #22-i 02 Agreement JOB ORDER CONTRACTS 22-J-03 00 52 13-3 1 ARTICLE VII. In the event of a dispute between the Owner or Project Manager and the 2 Contractor as to an interpretation of any of the specifications or as to the quality of 3 sufficiency of material or workmanship, the decision of the Project Manager shall for the 4 time being prevail and the Contractor, without delaying the job, shall proceed as directed 5 by the Project Manager without prejudice to a final determination by negotiation, 6 arbitration by mutual consent or litigation and should the Contractor be finally determined 7 to be either wholly or partially correct, the Owner shall reimburse him for any added costs 8 they may have incurred by reason of work done or material supplied beyond the terms 9 of the contract as a result of complying with the Project Manager's directions as 10 aforesaid. In the event the Contractor shall neglect to prosecute the work properly or 11 fail to perform any provisions of this contract, the Owner, after three days' written notice 12 to the Contractor, may, without prejudice to any other remedy it may have, make good 13 such deficiencies and may deduct the cost thereof from the payment then or thereafter 14 due to the Contractor, subject to final settlement between the parties as in this paragraph 15 hereinabove provided. 16 17 ARTICLE VIII. TERMINATION: If the Contractor should be adjudged a bankrupt, or if 18 they should make a general assignment for the benefit of their creditors, or if a receiver 19 should be appointed on account of their insolvency, or if they or any of their 20 subcontractors should persistently violate any of the provisions of the contract, or if they 21 should persistently or repeatedly refuse or should fail, except in cases for which 22 extension of time is provided, to supply enough properly skilled workmen or proper 23 material, or if they should fail to make prompt payment to subcontractors or for material 24 or labor or persistently disregard laws, ordinances or the instructions of the Project 25 Manager, then the Owner may, upon the certificate of the Project Manager, when 26 sufficient cause exists to justify such action, serve written notice upon the Contractor 27 and their surety of its intention to terminate the contract, such notice to contain the 28 reasons for such intention to terminate the contract, and unless within five (5) days after 29 the serving of such notice, such violations shall cease and satisfactory arrangements for 30 correction thereof be made, the contract shall, upon the expiration of said five days, 31 cease and terminate. 32 33 In the event of any such termination, the Owner shall immediately serve written notice 34 thereof upon the surety and the Contractor, and the surety shall have the right to take 35 over and perform the contract, provided, however, that if the surety within ten (10) days 36 after the serving upon it of notice of termination does not give the Owner written notice 37 of its intention to take over and perform the contract or does not commence performance 38 thereof within the ten (10) days stated above from the date of the serving of such notice, 39 the Owner may take over the work and prosecute the same to completion by contract or 40 by any other method it may deem advisable for the account and at the expense of the 41 Contractor, and the Contractor and their surety shall be liable to the Owner for any 42 excess cost occasioned the Owner thereby, and in such event the Owner may without 43 liability for so doing, take possession of and utilize in completing the work, such 44 materials, appliances, plant and other property belonging to the Contractor as may be 45 on the site or the work and necessary therefore. In such case, the Contractor shall not 46 be entitled to receive any further payment until the work is finished. 47 48 If the unpaid balance of the contract price shall exceed the expense of finishing the work, 49 including compensation for additional managerial and administrative services, such 50 excess shall be paid to the Contractor. If such expense shall exceed such unpaid 51 balance, the Contractor shall pay the difference to the Owner. The expense incurred by 52 the Owner as herein provided, and damage incurred through the Contractor's default, 53 shall be certified by the Project Manager. Contract No.: #22 i 02 Agreement JOB ORDER CONTRACTS 22-J-03 00 52 13-4 22i 04 1 ARTICLE IX. The Contractor and their subcontractors shall comply with Sections 1770 2 — 1780 of the California Labor Code and the provisions of Sections 2.52 and 2.55 of the 3 General Conditions concerning the payment of wages to all workers and mechanics, 4 and the employment and payment of apprentices by the Contractor or any subcontractor 5 for all work performed under this Agreement. 6 7 ARTICLE X. The Contractor and their subcontractors shall comply with Sections 1810 8 to 1815 of the California Labor Code and the provisions of Section 2.51 of the General 9 Conditions, concerning hours of work and payment of overtime compensation for all 10 work performed under this Agreement. 11 12 ARTICLE XI. INDEMNIFICATION: To the fullest extent permitted by law, Contractor 13 agrees to and shall indemnify, save, hold harmless and at County's request, defend 14 County and its officers, agents and employees, and the Project Manager and their 15 respective officers, agents and employees, from any and all costs and expenses, 16 attorney fees and court costs, damages, liabilities, claims and losses occurring or 17 resulting to County, or the Project Manager in connection with the performance, or failure 18 to perform, by Contractor, its officers, agents or employees under this Agreement, and 19 from any and all costs and expenses, attorney fees and court costs, damages, liabilities, 20 claims and losses occurring or resulting to any person, firm or corporation who may be 21 injured or damaged by the performance, or failure to perform, of Contractor, its officers, 22 agents or employees under this Agreement. In addition, Contractor agrees to indemnify 23 County for Federal, State of California and/or local audit exceptions resulting from non- 24 compliance herein on the part of Contractor. 25 26 In any and all claims against the County, the Project Manager, or any of their respective 27 officers, agents or employees, initiated by any employee of the Contractor, any 28 Subcontractor, anyone directly or indirectly employed by any of them or anyone for 29 whose acts any of them may be liable, the indemnification obligation set forth in the 30 immediately preceding paragraph shall not be limited in any way by any limitation on the 31 amount or type of damages, compensation or benefits payable by or for the Contractor 32 or any Subcontractor under workmen's compensation acts, disability benefit acts or other 33 employee benefit acts. 34 35 ARTICLE XII. INSURANCE: Without limiting the Owner's right to obtain indemnification 36 from Contractor or any third parties, Contractor, at its sole expense, in accordance with 37 the provisions of Section 2.40 of the General Conditions, shall maintain in full force and 38 effect the following insurance policies throughout the term of this Agreement, excepting 39 only those policies for which a longer term is specified: 40 41 42 A. Commercial General Liability Insurance, with scope and amount of coverage 43 as specified in Section 2.40 E.2 of the General Conditions. 44 45 B. Automobile Liability Insurance, with scope and amount of coverage as specified in 46 Section 2.40 E.2 of the General Conditions. 47 48 C. Professional Liability Insurance, with scope and amount of coverage as specified in 49 Section 2.40 E.3 of the General Conditions. 50 51 D. Worker's Compensation Insurance, with scope and amount of coverage as 52 specified in Section 2.40 E. 4 of the General Conditions. Contract No.: #22-i 02 Agreement JOB ORDER CONTRACTS 22-J-03 00 52 13-5 1 2 The Certificate of Insurance shall be issued in triplicate, to the COUNTY OF FRESNO, 3 and all other participating agencies, whether or not said agencies are named herein, 4 who contribute to the cost of the work or have jurisdiction over areas in which the work 5 is to be performed and all officers and employees of said agencies while acting within 6 the course and scope of their duties and responsibilities. 7 8 ARTICLE XIII. MISCELLANEOUS PROVISIONS: 9 10 1. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time 11 during business hours, and as often as the OWNER may deem necessary, make 12 available to the OWNER for examination all of its records and data with respect to the 13 matters covered by this Agreement. The CONTRACTOR shall, upon request by the 14 OWNER, permit the OWNER to audit and inspect all of such records and data necessary 15 to ensure CONTRACTOR'S compliance with the terms of this Agreement. 16 If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be 17 subject to the examination and audit of the Auditor General for a period of three (3) years 18 after final payment under contract (Government Code Section 8546.7). 19 20 2. INDEPENDENT CONTRACTOR. 21 22 In performance of the work, duties, and obligations assumed by 23 CONTRACTOR under this Agreement, it is mutually understood and agreed that 24 CONTRACTOR, including any and all of CONTRACTOR officers, agents, and 25 employees will at all times be acting and performing as an independent 26 contractor, and shall act in an independent capacity and not as an officer, agent, 27 servant, employee, joint venture, partner, or associate of the OWNER. 28 CONTRACTOR and OWNER shall comply with all applicable provisions of law 29 and the rules and regulations, if any, of governmental authorities having 30 jurisdiction over matters of the subject thereof. Because of its status as an 31 independent contractor, CONTRACTOR shall have absolutely no right to 32 employment rights and benefits available to OWNER's employees. 33 CONTRACTOR shall be solely liable and responsible for providing to, or on 34 behalf of, its employees all legally-required employee benefits. In addition, 35 CONTRACTOR shall be solely responsible and save OWNER harmless from all 36 matters related to payment of CONTRACTOR's employees, including 37 compliance with social security, withholding, and all other regulations governing 38 such matters. It is acknowledged that during the term of this Agreement, 39 CONTRACTOR may be providing services to others unrelated to the OWNER or 40 to this Agreement. 41 42 3. DISCLOSURE OF SELF-DEALING TRANSACTIONS 43 44 This provision is only applicable if the CONTRACTOR is operating as a 45 corporation (a for-profit or non-profit corporation) or if during the term of the 46 agreement, the CONTRACTOR changes its status to operate as a corporation. 47 48 Members of the CONTRACTOR's Board of Directors shall disclose any self- 49 dealing transactions that they are a party to while CONTRACTOR is providing 50 goods or performing services under this agreement. A self-dealing transaction Contract No.: #22-i 02 Agreement JOB ORDER CONTRACTS 22-J-03 00 52 13-6 1 shall mean a transaction to which the CONTRACTOR is a party and in which one 2 or more of its directors has a material financial interest. Members of the Board of 3 Directors shall disclose any self-dealing transactions that they are a party to by 4 completing and signing a Self-Dealing Transaction Disclosure Form, attached 5 hereto as Exhibit A and incorporated herein by reference, and submitting it to the 6 OWNER prior to commencing with the self-dealing transaction or immediately 7 thereafter. 8 9 ARTICLE XIV. The Contractor represents that they have secured the payment of 10 Workers Compensation in compliance with the provisions of the Labor Code of the State 11 of California and Paragraphs B.3, C.3 and EA of Section 2.40 of the General Conditions, 12 and that they will continue so to comply with such statutory and contractual provisions 13 for the duration and entirety of the performance of the work contemplated herein. 14 15 ARTICLE XV. USE OF UNITED STATES FLAG VESSELS: The Contractor agrees: 16 (1) To utilize privately owned United States-flag commercial vessels to ship at least 50 17 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, 18 and tankers) involved, whenever shipping any equipment. material, or commodities 19 pursuant to this contract, to the extent such vessels are available at fair and reasonable 20 rates for United States-flag commercial vessels. 21 22 "(2) To furnish within 20 days following the date of loading for shipments originating 23 within the United States or within 30 working days following the date of loading for 24 shipments originating outside the United States. a legible copy of a rated, 'on-board' 25 commercial ocean bill-of-lading in English for each shipment of cargo described in 26 paragraph (1) of this section to both the Contracting Officer(through the prime contractor 27 in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office 28 of Market Development, Maritime Administration, Washington, DC 20590. 29 30 "(3) To insert the substance of the provisions of this clause in all subcontracts issued 31 pursuant to this contract. 32 Contract No.: #22-i 02 Agreement JOB ORDER CONTRACTS 22-J-03 00 52 13-7 1 This Contract, 22-J-03, was awarded by the Board of Supervisors on May 23, 2 2023. It has been reviewed by the Department of Public Works and Planning and 3 is in proper order for signature of the Chairman of the Board of Supervisors. 4 5 6 IN WITNESS WHEREOF, they have executed this Agreement this cZ-01 7 day of Ti c n� , 2023 8 9 10 11 12 13 DJ(4t Co. � C• COUNTY OF FRESNO 14 (CONTRACTOR) (OWNER) 15 16 �,.. 17 By By 18 Sal ui e , C airman 19 Title Fr ej � of th ar upervisors of the 20 County of Fresno 21 22 ATTEST: 23 Bernice E. Seidel 24 Clerk of the Board of Supervisors 25 County of Fresno, State of 26 California 27 28 FOR ACCOUNTING USE ONLY 29 VARIOUS ORGS. By_ 30 0001/8830/1000017295 Deputy 31 0001/43601150/10000/7295 32 0001/8852/10000/7295 33 34 END OF SECTION Contract No.:AM-' 02 Agreement JOB ORDER CONTRACTS 22-J-03 00 52 13-8 22-d-04 CONTRACT: JOB ORDER CONTRACT 1 2 CONTRACT NO: #22-J-02, 22-J-03, 22-J-044, Class B 3 4 (This guaranty shall be executed by the successful bidder in accordance with Section 5 2.32 of the General Conditions. The bidder may execute the guaranty on this page at 6 the time of submitting the bid.) 7 8 GUARANTY 9 10 To the Owner: County of Fresno 11 12 13 The undersigned guarantees the construction and installation of the following work 14 included in this project: 15 16 ALL WORK 17 18 Should any of the materials or equipment prove defective or should the work as a 19 whole prove defective, due to faulty workmanship, material furnished or methods of 20 installation, or should the work or any part thereof fail to operate properly as originally 21 intended and in accordance with each individual Work Order Detailed Scope of Work 22 and specifications, due to any of the above causes, all within twelve (12) months after 23 the date on which the Work Order under this contract is accepted by the Owner, the 24 undersigned agrees to reimburse the Owner, upon demand, for its expenses incurred 25 in restoring said work to the condition contemplated in said project, including the cost 26 of any such equipment or materials replaced and the cost of removing and replacing 27 any other work necessary to make such replacement or repairs, or, upon demand by 28 the Owner, to replace any such material and to repair said work completely without 29 cost to the Owner so that said work will function successfully as originally 30 contemplated. 31 32 The Owner shall have the unqualified option to make any needed replacement or 33 repairs itself or to have such replacements or repairs done by the undersigned. In the 34 event the Owner elects to have said work performed by the undersigned, the 35 undersigned agrees that the repairs shall be made and such materials as are 36 necessary shall be furnished and installed within a reasonable time after the receipt 37 of demand from the Owner. If the undersigned shall fail or refuse to comply with his 38 obligations under this guaranty, the Owner shall be entitled to all costs and expenses 39 reasonably incurred by reason of said failure or refusal. 40 41 42 43 (Company) 44 45 By: 46 47 4488 (Title) 50 Date: 51 52 END OF SECTION Contract No.: #22-J-02 Guaranty JOB ORDER CONTRACTS 22-J-03 00 65 36-1 22-J-04 1 GENERAL CONDITIONS 2 3 4 2.01 IDENTIFICATION OF CONTRACT 5 6 A. The Agreement shall be signed by the Contractor and the Owner. 7 8 B. The Contract Documents are defined in ARTICLE II of the Agreement. 9 10 C. The Contract Documents form the Contract for Construction ("Contract"). This 11 Contract represents the entire and integrated agreement between the parties 12 hereto and supersedes all prior negotiations, representations or agreements, 13 either written or oral. The Contract may be amended or modified only by a 14 Modification as defined above. The Contract Documents shall not be construed 15 to create any contractual relationship of any kind between the Architect or 16 Engineer of record and the Contractor, but the Architect or Engineer of record 17 shall be entitled to performance of the obligations of the Contractor intended for 18 their benefit and to enforcement thereof. Nothing contained in the Contract 19 Documents shall create any contractual relationship between the Owner and any 20 Subcontractor or Sub-subcontractor. 21 22 23 2.02 EXECUTION, CORRELATION, AND INTENT OF CONTRACT DOCUMENTS 24 25 A. The Contract Documents are complementary and anything called for by one shall 26 be supplied as if called for by all, providing it comes clearly within the scope of the 27 Contract. 28 29 B. In the event of conflicting provisions within the Job Order Contract, the following 30 order of precedence with item "1" representing the highest precedence, for 31 resolution of the conflict shall apply: 32 33 1. Agreement 34 2. Addenda (later takes precedence over earlier) 35 3. Work Orders (including Detailed Scopes of Work and Requests for 36 Proposals) 37 4. Project Manual 38 5. The Construction Task Catalog° 39 6. Technical Specifications 40 41 C. The intent of the Contract Documents is to include all items necessary for the 42 proper execution and completion of the Work. Words and abbreviations that have 43 well-known technical or trade meanings are used in the Contract Documents in 44 accordance with such recognized meanings. 45 46 D. Execution of the Contract by the Contractor is a representation that the Contractor 47 has become familiar with the local conditions under which the Work is to be 48 performed, and has correlated personal observations with the requirements of the 49 Contract Documents. 50 Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-1 JOB ORDER CONTRACTS 22-J-04 1 E. All work and material shall be the best of the respective kinds specified or 2 indicated. Should any workmanship or materials be required that are not directly 3 or indirectly called for in the Contract Documents, but which nevertheless are 4 necessary for proper fulfillment of the obvious intent thereof, said workmanship or 5 materials shall be the same for similar parts that are detailed, indicated or 6 specified, and the Contractor shall understand the same to be implied and provide 7 for it in his/her tender as if it were particularly described or delineated. 8 9 10 2.03 OWNERSHIP AND USE OF DOCUMENTS 11 12 All Contract Documents and copies thereof furnished shall remain the property of the 13 Owner. With the exception of one (1) contract set for each party to the Contract, such 14 documents are to be returned by Contractor or suitably accounted for to the Owner on 15 request at the completion of the Work. Submission or distribution to meet official 16 regulatory requirements or for other purposes in connection with the Project is not to be 17 construed as publication in derogation of the Architect's common law copyright or other 18 reserved rights.The Owner's use of the documents will not increase the Architect's design 19 liability beyond the Project and the site for which the design was originally intended. 20 21 22 2.04 DEFINITIONS 23 24 The following words, or variations thereof, as used in these documents have meanings 25 as defined: 26 27 A. The Work - The Work comprises the completed construction required of the 28 Contractor by the Contract Documents, and includes all labor, materials, 29 equipment and services necessary to produce such construction, and all 30 materials, other permits and equipment incorporated or to be incorporated in such 31 construction. 32 33 B. The Project — The collective improvements to be constructed by the Contractor 34 pursuant to a Work Order, or a series of related Work Orders. 35 36 C. Owner- The County of Fresno, State of California, as represented by the Fresno 37 County Board of Supervisors and so named in the Agreement. The term Owner 38 means the Owner or the Owner's authorized representative (also known as the 39 Project Manager) for this project. 40 41 42 D. Architect of record —The Owner and his/her authorized representative, as 43 defined in Section 2.04C, or a duly California licensed Architect. 44 45 E. Contractor - When used in the General Conditions refers to person(s) or entity 46 (partnership or corporation) so named in Agreement and when used in the body 47 of the Specifications, refers to the Contractor for that specific work, whether it be 48 the General Contractor, Subcontractor, or other Contractor. The term Contractor 49 means the Contractor or the Contractor's authorized representative. 50 Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-2 JOB ORDER CONTRACTS 22-J-04 1 F. Subcontractor - Person, persons, entity, co-partnership or corporation having 2 direct contract with Contractor to perform any of the Work at the site. The term 3 Subcontractor means a Subcontractor or a Subcontractor's authorized 4 representative. The term Subcontractor does not include any separate contractor 5 or any separate contractor's subcontractors. 6 7 G. Sub-subcontractor—Person, persons, entity, co-partnership or corporation having 8 a direct or indirect contract with a Subcontractor to perform any of the Work at the 9 site (i.e. a second-tier, third-tier or lower-tier Subcontractor). The term Sub- 10 subcontractor means a Sub-subcontractor or an authorized representative 11 thereof. 12 13 H. Adjustment Factor—A competitively bid adjustment to be applied to the unit prices 14 listed in the Construction Task Catalog°. 15 16 I. Construction Task Catalog°-A comprehensive listing of construction related tasks 17 together with a specific unit of measure and a published Unit Price. 18 19 J. Detailed Scope of Work — A document setting forth the work the Contractor is 20 obligated to complete for a particular Work Order. 21 22 K. Work Order — A written order issued by the Owner, such as a Purchase Order, 23 requiring the Contractor to complete the Detailed Scope of Work within the Work 24 Order Completion Time for the Work Order Price. A project may consist of one or 25 more Work Orders. 26 27 L. Work Order Completion Time — The time within which the Contractor must 28 complete the Detailed Scope of Work. 29 30 M. Work Order Price — The amount a Contractor will be paid for completing a Work 31 Order. 32 33 N. Joint Scope Meeting — A site meeting attended by the Owner and Contractor to 34 discuss the work before the Detailed Scope of Work is finalized. 35 36 O. Maximum Contract Value - The maximum value of Work Orders that the 37 Contractor may receive under this Contract. 38 39 P. Minimum Contract Value—The minimum value of Work Orders that the Contractor 40 is guaranteed the opportunity to perform under this Contract. 41 42 Q. Non Pre-priced Task — An item of work required by the Detailed Scope of Work 43 but not included in the Construction Task Catalog°. 44 45 R. Normal Working Hours — Includes the hours from 7:00 a.m. to 5:00 p.m. Monday 46 through Friday, except for Owner holidays. 47 48 S. Notice to Proceed -A written notice issued by the Owner directing the Contractor 49 to proceed with construction activities to complete the Work Order. 50 Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-3 JOB ORDER CONTRACTS 22-J-04 1 T. Other than Normal Working Hours — Includes the hours of 5:00 p.m. to 7:00 a.m. 2 Monday through Friday and all day Saturday, Sunday, and Owner Holidays. 3 4 U. Pre-priced Task—An item of work included in the Construction Task Catalog°for 5 which a Unit Price is given. 6 7 V. Price Proposal — A price proposal prepared by the Contractor that includes the 8 Pre-priced Tasks, Non Pre-priced Tasks, appropriate quantities and appropriate 9 Adjustment Factors required to complete the Detailed Scope of Work. 10 11 W. Proposal Package —A set of documents including at least: (1) a Price Proposal; 12 (2) a proposed construction schedule; (3) a list of proposed subcontractors; (4) 13 sketches, drawings, or layouts; and (5) technical data or information on proposed 14 materials or equipment. 15 16 X. Request for Proposal —A written request to the Contractor to prepare a Proposal 17 for the Detailed Scope of Work referenced therein. 18 19 Y. Supplemental Work Order - A Work Order issued to add or delete Work from an 20 existing, related Work Order. 21 22 Z. Technical Specifications — Contains the written requirements for materials, 23 equipment, systems, standards and workmanship for the Work, and performance 24 of related services. 25 26 AA. Unit Price - The price published in the Construction Task Catalog° for a specific 27 construction or construction related work task. Unit Prices for new Pre-priced 28 Tasks can be established during the course of the Contract and added to the 29 Construction Task Catalog°. Each Unit Price is comprised of labor, equipment, 30 and material costs to accomplish that specific Pre-priced Task. 31 32 BB. Days- All days shall be measured in calendar days unless specifically noted 33 otherwise in these documents or referenced codes. 34 35 CC. Year- One year shall be measured in terms of 365 calendar days. 36 37 38 2.05 SPECIFICATIONS AND DRAWINGS 39 40 A. Precedence — Anything mentioned in the Specifications and not shown on the 41 Drawings, or shown on the drawings and not mentioned in the specifications, shall 42 be of like effect as if shown or mentioned in both. Subject to Section 2.02, in cases 43 of discrepancy concerning dimension, quantity and location, the Drawings shall 44 take precedence over the Specifications. Explanatory notes on the Drawings shall 45 take precedence over conflicting drawn indications. Large scale details shall take 46 precedence over smaller scale details and figured dimensions shall take 47 precedence over scaled measurement. Where figures are not shown, scale 48 measurements shall be followed but shall in all cases be verified by measuring 49 actual conditions of Work already in place. In cases of discrepancy concerning 50 quality and application of materials and non-technical requirements over 51 materials, the specifications shall take precedence over Drawings. Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-4 JOB ORDER CONTRACTS 22-J-04 1 2 B. Division of Specifications - For convenience of reference and to facilitate the 3 letting of independent contracts, this specification may be separated into certain 4 sections; such separation shall not operate to oblige the Owner, Architect or 5 Professional Consultant to establish the limits of any contract between the 6 Contractor and Sub-Contractor each of whom shall depend upon his/her own 7 contract stipulations. The General Conditions apply with equal force to all work, 8 including extra work. 9 10 C. Governing Factors - Dimensions figured on drawings shall be followed in every 11 case in preference to scale of drawings. 12 13 D. Discrepancies - Should the Contractor, at any time, discover a discrepancy in a 14 drawing or specification, or any variation between dimensions on drawings and 15 measurements at site, or any lacking of dimensions or other information, he/she 16 shall report at once to the Project Manager requesting clarification and shall not 17 proceed with the work affected thereby until such clarification has been made. If 18 the Contractor proceeds with work affected by such discrepancies, without having 19 received such clarification, he/she does so at his/her own risk. Any adjustments 20 involving such circumstances made by the Contractor, prior to approval by the 21 Project Manager, shall be at the Contractor's risk and the settlement of any 22 complications or disputes arising therefrom shall be at the Contractor's sole 23 expense and Contractor shall indemnify, hold harmless and defend Owner, 24 Owner's representatives, and Project Manager from any liability or loss with 25 respect to said adjustments. 26 27 E. Scope of Drawings—When drawings are included in the Detailed Scope of Work, 28 the drawings shall be held to determine the general character of the Work as well 29 as its details. Parts not detailed shall be constructed in accordance with best 30 standard practice for work of this class, so as to afford the requisite strength and 31 logically complete the parts they compose. Where it is obvious that a drawing 32 illustrates only a part of a given work or of a number of items, the remainder shall 33 be deemed repetitious and so construed. The Contractor shall be responsible for 34 all errors made in using any drawings which have been superseded. 35 36 F. Shop Drawings, Product Data and Samples — 37 38 1. Shop Drawings are drawings, diagrams, schedules and other data 39 specially prepared for the Work by the Contractor or any Subcontractor, 40 manufacturer, supplier or distributor to illustrate some portion of the Work. 41 Product Data are illustrations, standard schedules, performance charts, 42 instructions, brochures, diagrams and other information furnished by the 43 Contractor to illustrate a material, product or system for some portion of 44 the Work. Samples are physical examples that illustrate materials, 45 equipment or workmanship, and establish standards by which the work 46 will be judged. 47 48 2. The Contractor shall prepare, review, approve and submit to the Project 49 Manager, with reasonable promptness and in such sequence as to cause 50 no delay in the Work or in the work of the Owner or any separate Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-5 JOB ORDER CONTRACTS 22-J-04 1 contractor, all Shop Drawings, Product Data and Samples required by the 2 Contract Documents. 3 4 3. By preparing, approving and submitting Shop Drawings, Product Data and 5 Samples, the Contractor represents that the Contractor has determined 6 and verified all materials, field measurements and field construction 7 criteria related thereto, or will do so with reasonable promptness, and has 8 checked and coordinated the information contained within such submittals 9 with the requirements of the Work, the Project, the Work Order and the 10 Contract Documents. 11 12 4. The Contractor shall not be relieved of responsibility for any deviation from 13 the requirements of the Contract Documents by the Architect's review of 14 Shop Drawings, Product Data or Samples, unless the Contractor has 15 specifically informed the Project Manager in writing of such deviation at 16 the time of submission and the Architect has reviewed the specific 17 deviation. The Contractor shall not be relieved from responsibility for 18 errors or omissions in the Shop Drawings, Product Data or Samples by 19 the Architect's review of them. 20 21 5. When professional certification of performance criteria of materials, 22 systems or equipment is required by the Contract Documents, the 23 Architect shall be entitled to rely upon the accuracy and completeness of 24 such calculations and certifications. The cost of such certifications shall be 25 borne by the Contractor. Owner may elect to have an independent 26 certification performed at its own expense. The Owner shall have final 27 approving authority for performance-based items. 28 29 6. The Contractor shall direct specific attention, in writing or on resubmitted 30 Shop drawings, Product Data, or Samples, to revisions other than those 31 requested by the Architect on previous submittals. 32 33 7. No portion of the Work requiring submission of a Shop Drawing, Product 34 Data or Sample shall be commenced until the submittal has been reviewed 35 by the Architect. All such portions of the Work shall be in accordance with 36 reviewed submittals. 37 38 8. Submission of Shop Drawings and Samples to the Project Manager is 39 required for only those items specifically mentioned in the Specification 40 Sections. If Contractor submits Shop Drawings for items other than the 41 above, the Project Manager will not be obligated to distribute or review 42 them. Contractor shall be responsible for the procuring of Shop Drawings 43 for his/her own use as he/she may require for the progress of the Work. 44 45 9. The term "Shop Drawings" as used herein also includes but is not limited 46 to fabrication, erection, layout and setting drawings, manufacturer's 47 standard drawings, descriptive literature, catalogs, brochures, 48 performance and test data, wiring and control diagrams, all other drawings 49 and descriptive data pertaining to materials, equipment, piping, duct and 50 conduit systems, and methods of construction as may be required to show 51 that the materials, equipment or systems and the positions and layout of Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-6 JOB ORDER CONTRACTS 22-J-04 1 each conform to the Contract requirements. As used herein the term 2 "manufactured" applies to standard units usually mass-produced, and the 3 term "fabricated" means items specifically assembled or made out 4 of- selected materials to meet individual design requirements. Shop 5 Drawings shall establish the actual detail of all manufactured or fabricated 6 items; indicate proper relation to adjoining work; amplify design details of 7 mechanical and electrical equipment in proper relation to physical spaces 8 in the structure; and incorporate minor changes of design or construction 9 to suit actual conditions. 10 11 10. Drawings: Following Contractor's review and approval, Contractor shall 12 submit to the Project Manager for approval four (4) minimum to six (6) 13 maximum prints and/or pdf submission of the same information via email. 14 (Required delivery methods and quantities of submittals will be determined 15 at the time of the Pre-Construction Meeting). The Project Manager will 16 check the submittal to see if it is complete. If complete, the Project 17 Manager will forward the drawings to the Owner and the Architect. The 18 Architect and Owner will check the drawings and note Architect and Owner 19 comments and affix a stamp to the drawings indicating the status of 20 acceptance, and will return same to the Project Manager, each retaining 21 prints for his/her records. The Architect or his/her consultants, as 22 applicable, will review the Shop Drawings; mark the prints with required 23 revisions; stamp the prints and indicate "No Exceptions Taken", "Make 24 Corrections Noted", "Revise and Resubmit", "Submit Specified Item", or 25 "Rejected", and return the prints. The Project Manager will return the prints 26 to the Contractor. The Contractor shall then print and distribute the 27 appropriate number of copies to his/her job personnel as required. If a 28 drawing is stamped "Rejected" or "Revise and Resubmit", the Contractor 29 shall correct and resubmit as outlined above. When stamped "Make 30 Corrections Noted", or similar instructions, the Contractor shall correct and 31 resubmit for record only, three (3) prints of each drawing. Also see 32 Technical Specifications, Division I, General Requirements. 33 34 11. Samples: Following Contractor's review and approval, Contractor shall 35 submit to the Architect, five (5) minimum samples of all materials in 36 quantities and sizes as specified herein as requested by the Architect. 37 Submittals shall be given to the Architect at a time determined by the 38 Contractor, which allows for any necessary resubmittal and which will not 39 cause any delay in the Work. Samples will be forwarded to the Architect. 40 If a sample is stamped "Rejected" or"Revise and Resubmit", one sample 41 so noted will be returned to the Contractor. The Contractor shall correct 42 and resubmit as outlined above. If a sample is stamped "Make Corrections 43 Noted", one sample so noted will be returned. Corrected samples shall be 44 resubmitted for approval as per the original submittal. Also see Technical 45 Specifications and General Requirements. 46 47 12. Brochures: Following Contractor's review and approval, Contractor shall 48 submit to the Architect, five (5) copies of all manufacturer's catalogs or 49 brochures as required. Brochures will be forwarded to the Architect for 50 review. If a brochure is stamped "No Exception Taken", two (2) copies will 51 be returned to the Contractor. If stamped "Rejected", one marked copy Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-7 JOB ORDER CONTRACTS 22-J-04 1 and two (2) unmarked copies will be returned. Corrected copies shall be 2 resubmitted for approval as per the original submittal. Also see General 3 Requirements. 4 5 13. Manufacturer's Instructions: Where any item or work is required by 6 Specifications to be furnished, installed or performed in accordance with a 7 specified product manufacturer's instructions, Contractor shall procure 8 and distribute the necessary copies of such instructions to all concerned 9 parties. 10 11 G. Materials - All materials, unless otherwise specified, shall be new and of good 12 quality, proof of which shall be furnished by the Contractor; in case of doubt as to 13 kind or quality required, samples shall be submitted to the Architect through the 14 Project Manager who will specify the kind and use of the material appropriate to 15 the location and the function of the item in question. Contractor shall furnish such 16 item accordingly. Before final payment, all material rejected by the Architect or 17 Project Manager shall be promptly removed from the premises by the Contractor, 18 whether or not completely installed, and promptly and properly replaced with 19 correct materials, including any other work adjoining if disturbed, in accordance 20 with the contract and without expense to the Owner; the Contractor also shall pay 21 for work of other Contractors as is affected by such removals and replacements. 22 23 24 2.06 THE ARCHITECT 25 26 A. The Owner may delegate all or a portion of its rights and responsibilities to a 27 licensed Architect as deemed necessary per Work Order. 28 29 B. The Architect advises the Project Manager in all aspects of the construction 30 phase of the Project. The Architect's functions include advice and assistance to 31 the Project Manager in the correct interpretation and application of the Contract 32 Documents. The Architect is not authorized independently to issue Addenda, 33 Clarifications, Field Orders, Work Authorizations, or Supplemental Work Orders, 34 or in any other way to bind the Owner in discussions with the Contractor. 35 36 C. The Contractor shall deliver all correspondence relating to the proper execution 37 of the Work to the Project Manager. The Project Manager reserves the right to 38 consult with the Architect and Owner prior to responding to the Contractor's 39 correspondence. 40 41 D. When discussions between the Contractor and the Project Manager occur either 42 on the site or elsewhere, but the Architect is not present, the Project Manager 43 reserves the right to consult with the Architect and Owner prior to issuing his/her 44 final decision or instruction. 45 46 E. The Architect shall review or take other appropriate action upon the Contractor's 47 submittals such as Shop Drawings, Product Data and Samples, but only for 48 conformance with the design concept of the Work and the information given in 49 the Contract Documents. Such action shall generally be taken within ten (10) 50 working days, however under certain circumstances such as very complex 51 submittals or if large number of submittals are submitted at one (1) time it may Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-8 JOB ORDER CONTRACTS 22-J-04 1 take longer. In this case the Contractor will be notified and given the opportunity 2 to advise the Architect of priorities. The Architect's review of a specific item shall 3 not indicate review of an assembly of which the item is a component. 4 5 6 2.07 THE PROJECT MANAGER 7 8 A. The Project Manager is the authorized representative of the Owner in all aspects 9 of administering the construction contract on behalf of the Owner. All 10 communications from and to the Contractor will be channeled through the Project 11 Manager. However, the Project Manager does not have the authority to bind the 12 Owner in matters affecting adjustments to the time or cost of the project as defined 13 in the Agreement for Construction. 14 15 B. The Project Manager will be the Owner's representative during the construction 16 and warranty periods, and until final payment to all contractors is due. The Project 17 Manager will advise and consult with the Owner. All instructions to the Contractor 18 shall be forwarded through the Project Manager. The Project Manager will have 19 authority to act on behalf of the Owner only to the extent provided in the Contract 20 Documents, unless otherwise modified by written instrument. 21 22 C. The Project Manager will be on site during construction to monitor the progress 23 and quality of the Work and to determine in general if the Work is proceeding in 24 accordance with the Contract Documents. On the basis of on-site observations 25 and communication with the Contractor, the Project Manager will keep the Owner 26 informed of the progress of the Work, and will endeavor to guard the Owner 27 against defects and deficiencies in the Work of the Contractor. 28 29 D. The Project Manager shall at all times have access to the Work wherever it is in 30 preparation and progress. The Contractor shall provide facilities for such access 31 so that the Project Manager may perform its functions under the Contract 32 Documents. 33 34 E. Based on the Project Manager's observations, and an evaluation of the 35 Contractor's Application for Payment, the Project Manager will determine the 36 amount owing to the Contractor and will issue to the Owner Certificates for 37 Payment incorporating such amount. 38 39 F. The Project Manager will be the initial interpreter of the requirements of the 40 Contract Documents and the initial judge of the performance hereunder by the 41 Contractor. The Owner will have final authority of all such matters. 42 43 G. The Project Manager will render interpretations necessary for the proper 44 execution or progress of the Work, with reasonable promptness and in 45 accordance with agreed upon time limits. Either party to the Contract may make 46 written request to the Project Manager for such interpretations. 47 48 H. Claims, disputes and other matters in question between the Contractor and the 49 Project Manager relating to the execution or progress of the Work or the 50 interpretation of the Contract Documents shall be referred to the Owner(or his/her 51 designee). Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-9 JOB ORDER CONTRACTS 22-J-04 1 2 I. All interpretations and decisions of the Project Manager will be in writing or in 3 graphic form, and shall be both consistent with the intent of the Contract 4 Documents and reasonably inferable therefrom. 5 6 J. The Project Manager will have the authority to reject, or recommend to the Owner 7 the rejection, of any work that does not conform to the Contract Documents. 8 Whenever, in the Project Manager's opinion, it is considered necessary or 9 advisable for the implementation of the intent of the Contract Documents, the 10 Project Manager will have authority to require special inspection or testing of the 11 Work whether or not such work be then fabricated, installed or completed. 12 13 K. The Project Manager will receive from the Contractor and review all Shop 14 Drawings, Product Data and Samples, and forward same to Architect and Owner 15 for review. 16 17 L. Following consultation with the Owner, the Project Manager will take appropriate 18 action on changes, and will have authority to order minor changes in the Work as 19 provided herein. 20 21 M. The Project Manager will conduct inspections to determine the date of 22 Completion, and will receive and forward to the Owner for the Owner's review 23 written warranties and related documents required by the Contract Documents 24 and assembled by the Contractor. The Project Manager will issue a final Project 25 Certificate for Payment upon compliance with the requirements for completion and 26 final payment. The Project Manager will monitor the warranty for a period of one 27 (1) year from and after the date of acceptance of the Work, unless otherwise 28 specified as a longer term. 29 30 N. The duties, responsibilities and limitations of authority of the Project Manager as 31 the Owner's representatives during construction as set forth in the Contract 32 Documents,will not be modified or extended without written consent of the Owner, 33 the Contractor and the Project Manager, which consent shall not be unreasonably 34 withheld. Failure of the Contractor to respond within ten (10) business days to a 35 written request shall constitute consent by the Contractor. 36 37 O. In case of the termination of the employment of the Project Manager, the Owner 38 may appoint a successor Project Manager, whose status and duties under the 39 Contract Documents shall be the same as those of the former Project Manager. 40 41 42 2.08 OWNER 43 44 A. Information and Services Required of the Owner 45 46 1. Unless otherwise provided in the Contract Documents, the Owner shall 47 secure and pay for necessary approvals, easements, assessments and 48 charges required for the construction, use or occupancy of permanent 49 structures or for permanent changes in existing facilities. 50 Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-10 JOB ORDER CONTRACTS 22-J-04 1 2. Information or services under the Owner's control shall be furnished by the 2 Owner with reasonable promptness to avoid delay in the orderly progress 3 of the Work. 4 5 3. The Owner shall forward all instructions to the Contractor through the 6 Project Manager. 7 8 B. Owner's Right to Stop the Work 9 10 If the Contractor fails to correct defective work as required by Section 2.42 herein 11 or persistently fails to carry out the Work in accordance with the Contract 12 Documents, the Owner, by a written order signed personally or by an agent 13 specifically so empowered by the Owner in writing, may order the Contractor to 14 stop the Work, or any portion thereof, until the cause for such order has been 15 eliminated; however, this right of the Owner to stop the Work shall not give rise to 16 any duty on the part of the Owner to exercise this right for the benefit of any 17 contractor or any other person or entity, except to the extent required by Section 18 2.12.C. 19 20 C. Owner's Right to Carry Out the Work 21 22 If the Contractor defaults or neglects to carry out the Work in accordance with the 23 Contract Documents, and fails after written notice from the Owner to correct such 24 default or neglect with diligence and promptness, the Owner may, after an 25 additional written notice and without prejudice to any other remedy the Owner may 26 have, make good such deficiencies. In such case an appropriate Supplemental 27 Work Order shall be issued deducting from the payments then or thereafter due 28 the Contractor the cost of correcting such deficiencies, including compensation 29 for the additional services of the Architect or other professionals made necessary 30 by such default, neglect or failure. Such action by the Owner and the amount 31 charged to the Contractor are both subject to the prior approval of the Architect. 32 If the payments then or thereafter due the Contractor are not sufficient to cover 33 such amount, the Contractor shall pay the difference to the Owner, or Owner may 34 require payment by the surety on the performance or warranty bonds as 35 appropriate. Such action shall, in no way, affect the status of either party under 36 contract, nor be held as a basis of any claim by the Contractor for damages or 37 extension of time. 38 39 D. Award of Individual Work Orders 40 41 The Owner may award an individual Work Order to any selected Contractor. 42 Selection of the Contractor and award of the Work Order will be in compliance 43 with established Owner procedures and based on one or more of the following 44 criteria: 45 46 1. Rotational selection among all Contractors, unless otherwise determined 47 by the Owner. 48 49 2. Evaluation of past and current performance on Work Orders of a similar 50 nature and type of work, project size, construction management Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-11 JOB ORDER CONTRACTS 22-J-04 1 challenges, schedule performance, design management requirements, 2 etc. 3 4 3. Balancing of work load (Work Order dollar volume and construction 5 backlog) among Contractors. 6 7 4. Management of Work Order dollar volume within bonding limitations of the 8 Contractor. 9 10 5. Price, as it relates to the Owner's independent cost estimate. 11 12 6. Contractor's responsiveness to the Owner on Work Orders. 13 14 7. Other appropriate criteria as deemed in the best interest of the Owner. 15 16 17 2.09 CONTRACTOR RESPONSIBILITIES 18 19 A. Procedure for Developing a Work Order 20 21 As the need exists, the Owner will notify the Contractor of a Project, schedule a 22 Joint Scope Meeting and issue a Notice of Joint Scope Meeting. The Contractor 23 shall attend the Joint Scope Meeting and discuss, at a minimum: 24 25 1. the general scope of the work; 26 27 2. alternatives for performing the work and value engineering; 28 29 3. access to the site and protocol for admission; 30 31 4. hours of operation; 32 33 5. staging area; 34 35 6. requirements for catalog cuts, technical data, samples and shop drawings; 36 37 7. requirements for professional services, sketches, drawings, and 38 specifications; 39 40 8. construction duration; 41 42 9. liquidated damages; 43 44 10. the presence of hazardous materials; 45 46 11. date on which Proposal is due. 47 48 Upon completion of the joint scoping process, the Owner will prepare a draft 49 Detailed Scope of Work referencing any sketches, drawings, photographs, and 50 specifications required to document accurately the work to be accomplished. The 51 Contractor shall review the Detailed Scope of Work and request any required Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-12 JOB ORDER CONTRACTS 22-J-04 1 changes or modifications. When an acceptable Detailed Scope of Work has been 2 prepared, the Owner will issue a Request for Proposal that will require the 3 Contractor to prepare a Work Order Proposal. The Detailed Scope of Work, 4 unless modified by both the Contractor and the Owner, will be the basis on which 5 the Contractor will develop its Work Order Package and the Owner will evaluate 6 the same. The Contractor does not have the right to refuse to perform any task or 7 any work in connection with a particular Project. 8 9 The Owner may, at this option, include quantities in the Detailed Scope of Work if 10 it helps to define the Detailed Scope of Work, if the actual quantities required are 11 not known or cannot be determined at the time the Detailed Scope of Work is 12 prepared, if the Contractor and the Owner cannot agree on the quantities required, 13 or for any other reason as determined by the Owner. In all such cases, the Owner 14 shall issue a Supplemental Job Order adjusting the quantities appearing in the 15 Detailed Scope of Work to the actual quantities. 16 17 B. Preparation of the Price Proposal 18 19 The Contractor will prepare Price Proposals in accordance with the following: 20 21 1. Pre-priced Tasks: A Pre-priced Task is a task described and for which a 22 Unit Price is set forth in the Construction Task Catalog°. For Pre-priced 23 Tasks the Contractor shall identify the task and quantities required from 24 the Construction Task Catalog°. 25 26 2. Non Pre-priced Tasks: Units of work not included in the Construction Task 27 Catalog°, but within the general scope and intent of this Contract, may be 28 negotiated into this Contract as needs arise. Such work requirements 29 shall be incorporated into and made a part of this Contract for the Work 30 Order to which they pertain, and may be incorporated into the Construction 31 Task Catalog° if determined appropriate by the County at the negotiated 32 price. Non Pre-Priced Tasks shall be separately identified and submitted 33 in the Proposal. 34 35 a. The Contractor shall break down any Non Pre-price item if the 36 labor, material or equipment required to accomplish the Non Pre- 37 priced task can be used out of the Construction Task Catalog° at 38 a pre-price rate times the Bidder's appropriate Adjustment Factor. 39 Whether a Work requirement is Pre-priced or Non Pre-priced is a 40 final determination by the County, binding and conclusive on the 41 Contractor. 42 43 b. Information submitted in support of Non Pre-priced work shall 44 include, but not be limited to, the following: Complete 45 specifications and technical data, including work unit content, work 46 unit costs data, schedule requirements; quality control and 47 inspection requirements. Pricing data submitted in support of Non 48 Pre-Priced Tasks shall include a cost or price analysis report, 49 establishing the basis for selecting the approach proposed to 50 accomplish the requirements. Unless otherwise directed by the 51 County, cost data shall be submitted demonstrating that the Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-13 JOB ORDER CONTRACTS 22-J-04 1 Contractor solicited and received three bids. The Contractor shall 2 provide an installed unit price (or demolition price if appropriate), 3 which shall include all costs required to accomplish the Non Pre- 4 priced Task. 5 6 C. The final price submitted for Non Pre-priced Tasks shall be 7 according to the following formula: 8 9 Contractor Performed Duties 10 A = The number of hours for each labor classification and hourly 11 rates 12 B = Equipment costs (other than small tools) 13 C = Three independent quotes for all materials 14 Total Cost for self-performed work = (A+B+C) x Normal Hours 15 Adjustment Factor (Only if A & B cannot be priced out of the 16 Construction Task Catalog°) 17 For Work performed by Subcontractors: 18 If the Work is to be subcontracted, the Contractor must submit 19 three independent bids from Subcontractors. If three quotes or 20 bids cannot be obtained, the Contractor will provide the reason in 21 writing for the County's approval as to why three quotes cannot be 22 submitted. 23 D = Subcontractor Costs (supported by three quotes) 24 Total Costs of Non Pre-Priced Task = D x Normal Hours 25 Adjustment Factor 26 d. After a Non Pre-priced Task has been approved by the Owner, the 27 Unit Price for such task will be established, and fixed as a 28 permanent Non Pre-priced Task which will no longer require price 29 justification. 30 31 e. The Owner's determination as to whether an item is a Pre-priced 32 Task or a Non Pre-priced Task shall be final, binding and 33 conclusive as to the Contractor. 34 35 3. Whenever, because of trade jurisdiction rules or small quantities, the cost 36 of a minor task in the Price Proposal is less than the cost of the actual 37 labor and material to perform such task, the Owner may permit the 38 Contractor to be paid for such task as a Non Pre-priced Task, or use Pre- 39 priced labor tasks and material component pricing to cover the actual costs 40 incurred. Provided, however, that there is no other work for that trade on 41 the Project or other work for that trade cannot be scheduled at the same 42 time and the final charge does not exceed $1,000. 43 44 4. Contractor shall make the necessary arrangements for and obtain all 45 filings and permits required for the Work, including the preparation of all 46 drawings, sketches, calculations and other documents and information 47 that may be required therefor. If the Contractor is required to pay an Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-14 JOB ORDER CONTRACTS 22-J-04 1 application fee for filing a project, a fee to obtain a building permit, or any 2 other permit fee to the City, State or some other governmental or 3 regulatory agency, then the amount of such fee paid by the Contractor for 4 which a receipt is obtained shall be treated as a Reimbursable Task to be 5 paid without mark-up. The cost of expediting services or equipment use 6 fees are not reimbursable. 7 8 5. Design requirements will be determined by the scope of work defined in 9 each Work Order. If the level of Architect/Engineer services for a Work 10 Order requires stamped plans and specifications for the development of 11 the Detailed Scope of Work, the Owner shall be responsible to prepare 12 them. As needed, the contractor may assist with the development of the 13 scope through one or more joint scope meetings and subsequent review 14 of the prepared documents. All shop drawings, submittals and similar 15 documents required in connection with a particular Work Order are 16 considered to be incidental to the Contract and included in the Contractor's 17 Adjustment Factors. 18 19 6. The Contractor's Price Proposal shall include, at a minimum: 20 21 a. Price Proposal; 22 23 b. Back Up for Non Pre-priced Tasks; 24 25 C. Any other documentation requested by the Owner. 26 27 7. The Contractor's Price Proposal shall be submitted by the date indicated 28 on the Request for Proposal. All incomplete Price Proposals shall be 29 rejected. The time allowed for preparation of the Contractor's Price 30 Proposal will depend on the complexity and urgency of the Work Order but 31 should average between seven (7) and fourteen (14) days. On complex 32 Work Orders, such as Work Orders requiring incidental 33 engineering/architectural drawings and approvals and permits, allowance 34 will be made to provide adequate time for preparation and submittal of the 35 necessary documents. 36 37 8. By submitting a Price Proposal to the Owner, the Contractor agrees to 38 accomplish the Detailed Scope of Work in accordance with the Request 39 for Proposal at the price submitted. It is the Contractor's responsibility to 40 include the necessary tasks and quantities in the Price Proposal and apply 41 the appropriate Adjustment Factor(s) prior to delivering it to the Owner. 42 43 9. If the Contractor requires clarifications or additional information regarding 44 the scope of work in order to prepare the Price Proposal, the request must 45 be submitted so that the submittal of the Price Proposal is not delayed. 46 47 C. Review of the Price Proposal 48 49 1. If the Owner finds the Contractor's Price Proposal unacceptable, the 50 Owner may request the Contractor to re-submit its Price Proposal or 51 cancel the Work Order. After the Owner has reviewed the Price Proposal Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-15 JOB ORDER CONTRACTS 22-J-04 1 and an agreement has been reached between the Owner and the 2 Contractor as to the nature of the revisions, if any, the Contractor is not 3 allowed to make any changes to the revised Price Proposal other than the 4 agreed upon changes. Unless otherwise specified by the Owner, if the 5 Contractor is required to resubmit the Price Proposal, the revised Price 6 Proposal is due no later than 48 hours after the changes have been agreed 7 upon. 8 9 2. The Contractor may choose the means and methods of construction; 10 subject however, to the Owner's right to reject any means and methods 11 proposed by the Contractor that: 12 13 a) Will constitute or create a hazard to the work, or to persons or 14 property; or 15 16 b) Will not produce finished Work in accordance with the terms of the 17 Contract; or 18 19 c) Unnecessarily increases the price of the Work Order when 20 alternative means and methods are available; or 21 22 d) Deviates from the Detailed Scope of Work. 23 24 3. Once the Price Proposal is accepted by the Owner (by issuance of a 25 Notice to Proceed through the Gordian System), the Work Order becomes 26 a firm fixed, lump sum contract. Unless specifically stated in the Detailed 27 Scope of Work, no adjustment in the proposed Pre-priced Tasks and Non 28 Pre-priced Tasks or quantities is allowed. Inspection of the Contractor's 29 Work shall be against the Detailed Scope of Work including any Technical 30 Specifications and Drawings, not against the Price Proposal. 31 32 D. Preparation of the Proposal Package: 33 34 1. Time for Submittal: Upon acceptance of the Contractor's Price Proposal, 35 the Contractor will be required to submit the Proposal Package within five 36 (5) working days of said acceptance, unless otherwise specified by the 37 Owner. If the Contractor fails to meet the deadline for submittal of the 38 Proposal Package, the Owner may declare the Contractor in default and 39 initiate termination of the Work Order. 40 41 2. The Proposal Package shall include: 42 43 a. Price Proposal as agreed to 44 45 b. Final back-up for any Non Pre-priced Tasks (if applicable) 46 47 C. Subcontractor List, including: 48 49 i. The name, license number and the location of the place of 50 business of each subcontractor who will perform work or 51 labor or render service to the general contractor in or Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-16 JOB ORDER CONTRACTS 22-J-04 1 about the construction of the work or improvement in an 2 amount in excess of one-half(1/2) of one percent (1%) of 3 the general contractor's total proposal amount, and 4 5 ii. The portion of the work which will be done by each 6 subcontractor. 7 8 iii. The attention of bidders is directed to the provisions of 9 Public Contract Code Section 4100 et seq which set forth 10 the consequences and possible penalties which may 11 result from a failure to comply strictly with the foregoing 12 requirements for listing of subcontractors. 13 14 d. Final drawings, calculations, specifications (if applicable) 15 16 e. Final catalog cuts, (if applicable) 17 18 f. Special insurance, (if applicable) 19 20 g. For Special equipment and installations, a copy of the warranty 21 document (if applicable) 22 23 h. Any other documentation required for the Work Order as indicated 24 on the RFP (if applicable) 25 26 3. By submitting a Proposal Package to the Owner, the Contractor is 27 agreeing to accomplish the Work outlined in the Request For Proposal and 28 the Detailed Scope of Work for that particular Work Order. 29 30 E. Review of the Proposal Package and Issuance of the Work Order: 31 32 1. The Owner will evaluate the entire Proposal Package. 33 34 2. The Owner reserves the right to reject a Contractor's Proposal Package 35 based on inadequate documentation, unacceptable subcontractors, or 36 other inconsistencies on the Contractor's part. 37 38 3. The Owner reserves the right to reject a Price Proposal or cancel a Project 39 for any reason. The Owner also reserves the right not to issue a Work 40 Order if it is determined to be in the best interests of the Owner. The Owner 41 may perform such work by other means. The Contractor shall not recover 42 any costs arising out of or related to the development of the Work Order 43 including but not limited to the costs to attend the Joint Scope Meeting, 44 review the Detailed Scope of Work, prepare a Proposal (including 45 incidental architectural and engineering services), subcontractor costs, 46 and the costs to review the Work Order Proposal with the Owner. 47 48 4. Each Work Order provided to the Contractor shall reference the Detailed 49 Scope of Work and set forth the Work Order Price and the Work Order 50 Completion Time. All clauses of this Contract shall be applicable to each 51 Work Order. The Work Order, signed by the Owner and delivered to the Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-17 JOB ORDER CONTRACTS 22-J-04 1 Contractor constitutes the Owner's acceptance of the Contractor's 2 Proposal Package. A signed copy of the Work Order will be provided to 3 the Contractor. 4 5 5. In the event that immediate emergency response is necessary, the 6 Contractor shall be required to follow alternative procedures as 7 established by the Owner. The Contractor shall begin work as directed 8 notwithstanding the absence of a fully developed Request for Proposal, 9 Detailed Scope of Work, or Work Order. The Contractor shall be 10 compensated in accordance with the Construction Task Catalog°and Non 11 Pre-priced Tasks as if the work had been ordered under the standard 12 procedures. 13 14 F. Review of Contract Documents and Field Conditions 15 16 1. The Contractor shall carefully study and compare the Contract Documents 17 and shall at once report to the Project Manager any discrepancy or 18 inconsistency that may be discovered. The Contractor shall not be liable 19 to the Owner or the Project Manager for any damage resulting from any 20 such inconsistencies or discrepancies in the Contract Documents unless 21 the Contractor recognized such inconsistencies or discrepancies and 22 knowingly failed to report it to the Project Manager, or the Contractor was 23 responsible for the preparation of the Contract Documents. The 24 Contractor shall perform no portion of the Work at any time unless 25 authorized by the Contract Documents or, where required, approved Shop 26 Drawings, Product Data or Samples for such portion of the Work. 27 28 2. Neither the Owner nor the Project Manager or Architect assume any 29 responsibility for an understanding or representation made by any of their 30 agents or representation prior to the execution of the Agreement unless 31 (1) such understanding or representations are expressly stated in the 32 Agreement, and (2) the Agreement expressly provides that responsibility 33 therefore is assumed by the Owner. 34 35 3. Failure by the Contractor to acquaint himself/herself with all available 36 information will not relieve him/her from responsibility for estimating 37 properly the difficulty or cost of successfully performing the Work. 38 39 4. The Contractor shall take field measurements and verify field conditions 40 and shall carefully compare such field measurements and conditions and 41 other information known to the Contractor with the Contract Documents 42 before commencing activities. Any inconsistencies or discrepancies 43 discovered by the Contractor shall be reported to the Project Manager at 44 once. 45 46 5. Before submitting any Request for Information (RFI), or other contractor 47 initiated request for information, the Contractor shall determine that the 48 information requested is not clearly provided in the Contract Documents. 49 RFI's shall be submitted to the Project Manager only from the Contractor, 50 or Owner, and not from any subcontractor, supplier or other vendor, and 51 shall be on a form approved by the Project Manager. The Contractor shall Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-18 JOB ORDER CONTRACTS 22-J-04 1 provide a revised and updated RFI Priority Schedule on a weekly basis. 2 The RFI Priority Schedule shall rank RFI's in order of priority and include 3 a brief statement of reason for priority. Owner initiated RFI's will not be 4 listed on the Contractor's RFI Priority Schedule. The Owner will provide 5 the Architect or Engineer a separate list of Owner initiated RFI's upon 6 request of the Architect or Engineer. The Architect or Engineer will 7 endeavor to respect the order of priorities as requested by the Contractor 8 or Owner for the overall benefit of the Project. The RFI process is for 9 information and clarification only and may not be utilized to obtain approval 10 for changes in Work Order Price or time. Also see Division 01 - General 11 Requirements. 12 13 G. Supervision Procedures 14 15 1. The Contractor shall efficiently supervise and direct the Work, using 16 therein the Contractor's best skill and diligence for which he/she is 17 remunerated in the Work Order Price. He/She shall carefully inspect the 18 site and study and compare the Contract Documents, as ignorance of any 19 phase of any of the features or conditions affecting the Contract will not 20 excuse him/her from carrying out its provisions to its full intent. 21 22 2. The Contractor shall employ a competent superintendent and necessary 23 assistants who shall be in attendance at the project site during the 24 progress of the Work. The superintendent shall represent the Contractor 25 and all communications given to the superintendent shall be as binding as 26 if given to the Contractor. Important communications shall be confirmed in 27 writing. Other communications shall be so confirmed upon written request 28 in each case. The Superintendent who begins the project shall remain on 29 the project until the project is completed, as long as the Contractor 30 employs that person. The Superintendent shall not be replaced without the 31 approval of the Owner. 32 33 3. The Contractor shall be responsible to the Owner for the acts and 34 omissions of his/her employees, subcontractors and their agents and 35 employees, and other persons performing any of the Work under a 36 contract with the Contractor. 37 38 4. The Contractor shall at all times enforce strict discipline and good order 39 among his/her employees and shall not employ on the Work any unfit 40 person or anyone not skilled in the task assigned to him/her. 41 42 5. The Contractor shall not be relieved from his/her obligations to perform 43 the Work in accordance with the Contract Documents either by the 44 activities or duties of the Owner or the Architect or Engineer in his/her 45 administration of the Contract, or by inspections, tests or approvals 46 required or performed by persons other than the Contractor. 47 48 6. Contractor shall alert and inform their employees that State law requires 49 that the identities of inmates/wards/patients/clients be kept confidential. 50 Revealing the identities of inmates/wards/patients/clients is punishable 51 by law. Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-19 JOB ORDER CONTRACTS 22-J-04 1 2 H. Construction Procedures 3 4 1. For any work that takes place within secured facilities: All access to the 5 construction site shall be coordinated with the appropriate Fresno County 6 department as identified in the Detailed Scope of Work. Security 7 background checks will be required for any employee that performs work 8 within the secure perimeter of a facility. Security background forms can 9 be obtained from the Project Manager. After the acceptance of the 10 Contractor's Work Order Proposal but prior to the Notice to Proceed and 11 the commencement of work, the forms for all required persons shall be 12 submitted to the appropriate department for review. Vendor badges 13 and/or other forms of identification will then been issued which must be 14 worn at all times while within the secured areas of the site. The costs for 15 the required background checks will be borne by the County. 16 17 2. Means and Methods - The Contractor shall be solely responsible for and 18 control of construction means, methods, techniques, sequences, 19 coordination and procedures for all the Work of this contract. Additionally, 20 he/she shall be responsible for safety precautions and programs in 21 connection with the Work. 22 23 3. The Contractor shall coordinate all work with the Project Manager to 24 minimize any interruptions to the normal operation of any affected 25 facilities; particularly interruptions to air conditioning, electrical services, 26 alarm systems, communications and computer systems. The Contractor 27 shall be responsible for all costs incurred by the Owner on a system as a 28 result of work by the Contractor or damage caused by the Contractor's 29 operations, including costs associated with false fire alarms caused by 30 Contractor's operations. 31 32 4. Laws of County and State - The Contractor must comply with all laws, 33 rules, regulations, provisions and ordinances of the County in which the 34 Work is being done, and all State laws pertaining to the Work. 35 36 5. Safeguards - The Contractor shall provide, in conformity with all local 37 codes and ordinances and as may be required, such temporary walls, 38 fences, guard-rails, barricades, lights, danger signs, enclosures, etc., and 39 shall maintain such safeguards until all work is completed. 40 41 6. Housekeeping - Contractor shall keep the premises free of excess 42 accumulated debris. Clean up as required and as directed by the Project 43 Manager. At completion of work all debris shall be removed from the site. 44 Refer to General Requirements for additional requirements. 45 46 7. Labor and Materials - Unless otherwise provided in the Contract 47 Documents, the Contractor shall provide and pay for all labor, materials, 48 equipment, tools, construction equipment and machinery, water, heat, 49 utilities, transportation, and other facilities and services necessary for the 50 proper execution and completion of the Work, whether temporary or Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-20 JOB ORDER CONTRACTS 22-J-04 1 permanent and whether or not incorporated or to be incorporated in the 2 Work. 3 4 8. The Contractor shall deliver to the Project Manager, prior to final 5 acceptance of the Work as a whole, signed certificates from suppliers of 6 materials and manufactured items stating that such items conform to the 7 Contract Documents. 8 9 9. The Contractor, immediately upon Notice to Proceed of each individual 10 Work Order (or where shop drawings, samples, etc., are required, 11 immediately upon receipt of review thereof) shall place orders for all 12 materials, work fabrication, and/or equipment to be employed by him/her 13 in that portion of the Work contracted for. The Contractor shall keep all 14 materials, work fabrications and/or equipment specified and shall advise 15 the Project Manager promptly, in writing, of all orders placed and of such 16 materials, work fabrications and/or equipment which may not be available 17 in a timely manner for the purposes of the Contract. 18 19 10. Any worker whose work is unsatisfactory to the Owner or the Architect or 20 Engineer, or are considered by the Owner or Architect or Engineer to be 21 careless, incompetent, unskilled or otherwise unfit shall be dismissed from 22 work under the Contract upon written request to the Contractor from the 23 Owner or the Architect or Engineer. 24 25 11. Temporary Facilities — Contractor may connect to existing water and 26 electricity available on the site provided it is suitable to the Contractor's 27 requirements. Water and electricity used will be paid by the Owner. 28 Contractor shall bear all expenses for carrying the water or electricity to 29 the appropriate locations and to connect or tap into existing lines. Toilet 30 facilities may be available on a site to the workmen engaged in the 31 performance of this contract. It shall be the responsibility of the Contractor 32 to confirm with the Owner the availability of toilet facilities on the site. The 33 use of such facilities may be revoked in the event of excess janitorial 34 requirements. 35 36 12. Contractor shall not perform any fire hazardous operation adjacent to 37 combustible materials. Any fire hazardous operation shall have proper fire 38 extinguisher close by and the adjacent area shall be policed before 39 stopping work for the day. Contractor shall provide not less than one 40 OSHA/NFPA Class 6-ABC fire extinguisher for each 9,000 square feet of 41 project area or fraction thereof. 42 43 13. Contractor shall erect temporary dust separation partitions and floor mats 44 as necessary to confine dust and debris within area of work. Contractor 45 shall post signs, erect and maintain barriers and warning devices for the 46 protection of the general public and Owner personnel. The Contractor 47 shall provide adequate protection for all parts of the present building and 48 its contents and occupants wherever work under this contract is to be 49 performed. The Contractor shall observe that the health and welfare of 50 occupants of the existing building may be affected by noises and fumes 51 produced by the construction. Insofar as is possible, loud and Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-21 JOB ORDER CONTRACTS 22-J-04 1 unnecessary noise is to be avoided and noise producing work should be 2 performed as far away from occupied areas as is consistent with the 3 efficient conduct of the work. 4 5 14. Trenching and Excavation - In accordance with Section 7104 of the 6 California Public Contract Code, the following provisions shall apply to any 7 contract involving digging of trenches or other excavations that extend 8 deeper than four feet below the surface: 9 10 a. The contractor shall promptly, and before the following conditions 11 are disturbed, notify the Owner, in writing, of any: 12 13 i. Material that the contractor believes may be material that is 14 hazardous waste, as defined in Section 25117 of the Health 15 and Safety Code that is required to be removed to a Class 16 I, Class II, or Class III disposal site in accordance with 17 provisions of existing law. 18 19 ii. Subsurface or latent physical conditions at the site differing 20 from those indicated. 21 22 iii. Unknown physical conditions at the site of any unusual 23 nature, different materially from those ordinarily 24 encountered and generally recognized as inherent in work 25 of the character provided for in the contract. 26 27 b. The Owner shall promptly investigate the conditions, and if it finds 28 that the conditions do materially so differ, or do involve hazardous 29 waste, and cause a decrease or increase in the contractor's cost 30 of, or the time required for, performance of any part of the work, 31 shall issue a Supplemental Work Order in accordance with the 32 provisions of Section 2.09 of the General Conditions. 33 34 C. In the event that a dispute arises between the Owner and the 35 contractor whether the conditions materially differ, or involve 36 hazardous waste, or cause a decrease or increase in the 37 contractor's cost of, or time required for, performance of any part 38 of the work, the contractor shall not be excused from any 39 scheduled completion date provided for by the contract, but shall 40 proceed with all work to be performed under the contract. The 41 contractor shall retain any and all rights provided either by contract 42 or by law which pertain to the resolution of disputes and protests 43 between the contracting parties. 44 45 46 2.10 SUBCONTRACTORS 47 48 A. Agreements - Agreements between the Contractor, Subcontractors, and 49 Subcontractors of lower tier shall be subject to the approval of the Owner, but in 50 no case does such approval relieve the Contractor of any conditions imposed by 51 the Contract Documents. The Contractor shall only use subcontractors included Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-22 JOB ORDER CONTRACTS 22-J-04 1 in his/her Work Order Proposal unless first approved by the Owner pursuant to 2 statute. The Contractor shall not use any subcontractor who is ineligible to perform 3 work on a Public Works Project pursuant to section 1777.1 or 1777.7 of the Labor 4 Code. Notwithstanding any other provision of the Contract Documents, 5 subcontractors may be added, deleted or substituted only in accordance with the 6 provisions of Public Contract Code Section 4100 et seq. 7 8 B. Relation with Subcontractor— By an appropriate agreement, written where legally 9 required for enforceability, the Contractor shall bind every Subcontractor and 10 require therein that every Subcontractor agrees to be bound by the terms of the 11 Contract Documents to carry out their provisions insofar as applicable to their 12 work; and the Contractor further agrees to pay to each Subcontractor promptly 13 upon issuance of Certificate of Payment, his/her or their due portion. Said 14 agreement shall preserve and protect the rights of the Owner and the Architect 15 under the Contract Documents with respect to the work to be performed by the 16 Subcontractor so that the subcontracting thereof will not prejudice such rights, and 17 shall allow to the Subcontractor, unless specifically provided otherwise in the 18 Contractor-Subcontractor Agreement, the benefit of all rights, remedies and 19 redress against the Contractor that the Contractor, under the Contract 20 Documents, has against the Owner. Where appropriate, the Contractor shall 21 require each Subcontractor to enter into similar agreements with their Sub- 22 subcontractors. The Contractor shall make available to each proposed 23 Subcontractor, prior to the execution of the Subcontract, copies of the Contract 24 Documents to which the Subcontractor will be bound by this Paragraph and 25 identify to the Subcontractor any terms and conditions of the proposed 26 Subcontract which may be at variance with the Contract Documents. Each 27 Subcontractor shall similarly make copies of Contract Documents available to 28 their Sub-subcontractors. Nothing contained herein shall be deemed to create an 29 agency relationship between the Owner and any Subcontractor or material 30 supplier. 31 32 C. Owner's Relation - Neither the acceptance of the name of Subcontractor nor the 33 suggestion of such name nor any other act of the Owner or Architect nor anything 34 contained in any Contract Document is to be construed as creating any 35 contractual relation between the Owner (or Owner's authorized representatives) 36 and any Subcontractor of any tier nor as creating any contractual relation between 37 the Architect and any Subcontractor of any tier. 38 39 D. All Subcontractors employed by the Contractor shall be appropriately licensed in 40 conformity with the laws of the State of California. 41 42 E. Jurisdictional disputes between Subcontractors or between Contractor and 43 Subcontractor shall not be mediated or decided by the Owner or the Architect. 44 The Contractor shall be responsible for the resolution of all such disputes based 45 upon his/her contractual relationship with his/her Subcontractors. 46 47 48 2.11 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE 49 CONTRACTS 50 Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-23 JOB ORDER CONTRACTS 22-J-04 1 A. The Owner reserves the right to perform work related to the Project with the 2 Owner's own forces, and to award separate contracts in connection with other 3 portions of the Project or other work on the site under these or similar Conditions 4 of the Contract. If the Contractor claims that the Owner's action results in delay, 5 damage or additional cost attributable thereto, the Contractor shall make such 6 claim as provided elsewhere in the Contract Documents. 7 8 B. When separate contracts are awarded for different portions of the Project or other 9 work on the site, the term Contractor in the Contract Documents in each case 10 shall mean the Contractor who executes each separate Owner-Contractor 11 Agreement. 12 13 C. The Owner shall provide for coordination of the activities of the Owner's own 14 forces and of each separate contractor with the Work of the Contractor, who shall 15 cooperate with them. The Contractor shall participate with other separate 16 contractors and the Owner in reviewing their construction schedules when 17 directed to do so. The Contractor shall make any revisions to the construction 18 schedule deemed necessary after a joint review and mutual agreement. The 19 construction schedules shall then constitute the schedules to be used by the 20 Contractor, separate contractors and the Owner until subsequently revised. 21 22 D. Unless otherwise provided in the Contract Documents, when the Owner performs 23 construction or operations related to the Project with the Owner's own forces, the 24 Owner shall be deemed to be subject to the same obligations and to have the 25 same rights which apply to the Contractor under the Conditions of the Contract. 26 27 28 2.12 MUTUAL RESPONSIBILITY 29 30 A. The Contractor shall afford the Owner and separate contractors reasonable 31 opportunity for introduction and storage of their materials and equipment and 32 performance of their activities and shall connect and coordinate the Contractor's 33 construction and operations with theirs as required by the Contract Documents. 34 35 B. When any part of the Contractor's Work depends upon proper execution or results 36 of the work of the Owner or any separate contractor, the Contractor shall, prior to 37 proceeding with the Work, promptly report to the Project Manager any apparent 38 discrepancies or defects in such other work that render it unsuitable for such 39 proper execution and results. Failure of the Contractor so to report shall constitute 40 an acceptance of the Owner's or separate contractor's work as fit and proper to 41 receive the Work, except as to defects which may subsequently become apparent 42 in such work by others. 43 44 C. If, following the reporting of any discrepancy or defect as required herein above, 45 the Contractor suffers damage due to disruption or delay caused by the separate 46 contractor, without fault by the Owner, the Contractor's remedy shall be limited to 47 seeking recovery from the separate contractor. 48 49 D. Any costs caused by defective or ill-timed work shall be borne by the Contractor 50 responsible therefor. 51 Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-24 JOB ORDER CONTRACTS 22-J-04 1 E. Should the Contractor cause damage to the work or property of the Owner, or to 2 other work or property on the site, the Contractor shall promptly remedy such 3 damage as provided herein. 4 5 F. Should the Contractor wrongfully delay or cause damage to the work or property 6 of any separate contractor, the Contractor shall, upon due notice, promptly 7 attempt to settle with such other contractor by agreement, or otherwise to resolve 8 the dispute. If such separate contractor sues the Owner on account of any delay 9 or damage alleged to have been caused by the Contractor, the Owner shall notify 10 the Contractor who shall defend such proceedings, and if any judgment or award 11 against the Owner (or Owner's authorized representatives) arises therefrom, the 12 Contractor shall pay or satisfy such judgment or award in full and shall reimburse 13 the Owner for all costs which the Owner has incurred in connection with such 14 matter. 15 16 17 2.13 OWNER'S RIGHT TO CLEAN UP 18 19 If a dispute arises between the Contractor and separate contractors as to their 20 responsibility for cleaning up as required in the Contract Documents, the Owner may 21 clean up and the contractor responsible shall pay Owner such portions of the cost as the 22 Project Manager shall determine to be just. 23 24 25 2.14 GOVERNING LAW 26 27 The Contract shall be governed by the law of the State of California. 28 29 30 2.15 INSPECTION 31 32 A. All material and workmanship (if not otherwise designated by the Contract 33 Documents) shall be subject to inspection, examination, and test by the Owner 34 and Project Manager at any and all times during manufacture and/or construction 35 and at any and all places where such manufacture and/or construction are carried 36 on. The Owner and Project Manager shall have the right to reject defective 37 material and workmanship or require its correction. 38 39 B. The Contractor shall furnish promptly without additional charge, all reasonable 40 facilities, labor, and materials necessary for the safe and convenient inspection 41 and tests that may be required by the Owner and Project Manager. 42 43 C. Where the Contract Documents, instructions by the Owner, laws, ordinances, or 44 any public authority having jurisdiction requires work to be inspected, tested or 45 approved before work proceeds, such work shall not proceed, nor shall it be 46 concealed prior to inspection. 47 48 D. The Contractor shall give the Project Manager at least two (2) business days 49 advance notice of the readiness for any Contract compliance inspection by the 50 Inspector. The Contractor shall give notice as required by all other inspecting and Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-25 JOB ORDER CONTRACTS 22-J-04 1 testing agencies of jurisdiction for Code and regular compliance inspection. In all 2 cases, the Contractor shall schedule inspections so as not to delay the Work. 3 4 E. If the Project Manager determines that any work requires additional special 5 inspection beyond that identified in the specifications, the Project Manager will, 6 upon written authorization from the Owner, instruct the Contractor to order such 7 special inspection, testing or approval, and the Contractor shall give notice as 8 provided above. If such special inspection or testing reveals a failure of the Work 9 to comply with the requirements of the Contract Documents, the Contractor shall 10 bear all costs thereof, including compensation for the Project Manager's additional 11 services, testing or inspections made necessary by such failure; otherwise the 12 Owner shall bear such costs, and an appropriate Supplemental Work Order shall 13 be issued. 14 15 F. Should it be considered necessary or advisable by the Project Manager at any 16 time either before acceptance of the entire Work or after acceptance and within 17 the guaranty period to make an examination of work already completed, by 18 removing or tearing out same, the Contractor shall on request promptly furnish all 19 necessary facilities, labor, and material. If such work is found to be defective in 20 any material respect, due to the fault of the Contractor or his/her Subcontractors, 21 he/she shall defray all the expenses of such examination and of satisfactory 22 reconstruction. If, however, such work is found to meet the requirements of the 23 contract, any compensation deemed appropriate shall be handled by issuance of 24 a Contract Change Order to the Contractor and he/she shall, in addition, if 25 completion of the work has been delayed thereby, be granted a suitable extension 26 of Work Order Time on account of the additional work involved. 27 28 G. Required certificates of inspection, testing or approval shall be secured by the 29 Contractor and the Contractor shall promptly deliver them to the Project Manager 30 for review and evaluation of compliance with the appropriate specifications and 31 standards. 32 33 H. When the work is completed the Contractor shall notify the Project Manager in 34 writing that the work will be ready for final inspection and test on a definite date 35 which shall be stated in such notice. 36 37 38 2.16 TAXES, PERMITS, FEES, AND INDEMNIFICATION FOR PATENT INFRINGEMENT 39 CLAIM 40 41 A. The Contractor shall pay for and include all Federal, State and local taxes direct 42 or indirect for the work or portions thereof provided by the Contractor which are 43 legally enacted at the time the Notice to Proceed is issued, whether or not yet 44 enacted, and secure and pay all fees and charges for permits and licenses, unless 45 otherwise specified. 46 47 B. Royalty and license fees incidental to the use of any patented material, device or 48 process shall be paid by the Contractor and in the event of a claim of alleged 49 infringement of patent copyright, or Trade Secret rights, the Contractor shall 50 indemnify, save the Owner (and Owner's authorized representatives) free and Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-26 JOB ORDER CONTRACTS 22-J-04 1 harmless, and defend, at the Contractor's own expense, any and all suits that may 2 be brought in such connection. 3 4 C. Unless otherwise provided in the Contract Documents, the Owner shall secure 5 and pay for the building permit, permanent utility connection fees, and right-of- 6 way encroachment permit. The Contractor shall secure and pay for temporary 7 construction utilities, and all other permits and governmental fees, licenses and 8 inspections necessary for the proper execution and completion of the Work. 9 10 D. The Contractor shall give all notices and comply with all laws, ordinances, rules, 11 regulations and lawful orders of any public authority bearing on the performance 12 of the Work. 13 14 E. It is not the responsibility of the Contractor to make certain that the Contract 15 Documents are in accordance with applicable laws, statutes, building codes and 16 regulations. If the Contractor observes that any of the Contract Documents are 17 at variance therewith in any respect, the Contractor shall promptly notify the 18 Project Manager in writing, and any necessary changes shall be accomplished by 19 appropriate Modification. 20 21 F. If the Contractor performs any work knowing it to be contrary to any laws, 22 ordinances, rules and regulations, without notice to the Project Manager, the 23 Contractor shall assume full responsibility therefore and shall bear all costs 24 attributable thereto. 25 26 G. Any reference in the Contract Documents to codes, standard specifications or 27 manufacturer's instructions shall mean the latest printed edition of each in effect 28 at the Contract date. 29 30 31 2.17 CONTRACTOR'S CONSTRUCTION SCHEDULE 32 33 A. Within seven (7) calendar days after receipt of Notice to Proceed for each 34 individual Work Order, the Contractor shall submit a Construction Schedule in 35 CPM (Critical Path Method) form to the Project Manager for approval. The 36 Construction Schedule shall be sufficiently detailed to accurately depict all the 37 work required by the Contract. CPM Construction Schedule shall reflect shop 38 drawings; submittals due and return dates, fabrication and delivery times, cost 39 loading, crew mix, and equipment loading data. The Contractor shall thereafter 40 adhere to the Construction Schedule, as updated monthly, or as necessary in 41 accordance with the Contract Documents including any scope changes, or 42 changes in the work approved by the Owner during the course of construction. 43 "Slack" or "float" time on the CPM Construction Schedule is neither for the sole 44 benefit of the Owner or Contractor. 45 46 47 B. Within fourteen (14) calendar days after the pre-construction conference, the 48 Contractor shall provide a Submittal and Procurement Schedule indicating time 49 periods for review of Shop Drawings, Data, Samples, and procurement of material 50 and equipment required for the Work. Contractor shall allow time for submittal 51 review in accordance with the General Requirements Section — Construction Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-27 JOB ORDER CONTRACTS 22-J-04 1 Progress Documentation. All items that require review by the Project Manager 2 and/or are not readily available from stock and requiring more than thirty-five (35) 3 days lead-time shall be included in the Submittal and Procurement Schedule. 4 Items listed in the Submittal and Procurement Schedule shall also be identified as 5 activities on the CPM Construction Schedule. Contractor shall identify items 6 requiring coordination with work of separate contractors. The working day to 7 calendar date correlation shall be based upon the Contractor's proposed work 8 week with adequate allowance for legal holidays, days lost due to abnormal 9 weather, and any special requirements of the Project. 10 11 C. The Construction Schedule shall be prepared and maintained by the Contractor. 12 13 D. The Owner, Project Manager, Contractor and other Contractor(s) shall jointly 14 review the progress of the work weekly. Should this review, in the opinion of the 15 Project Manager, indicate that the work is behind the schedule established by 16 currently reviewed Construction Schedule, the Contractor shall either (1) provide 17 a plan to the Project Manager indicating the steps the Contractor intends to take 18 in order to recover the time behind schedule and conform to the reviewed 19 Construction Schedule; or (2) submit a revised Construction Schedule for 20 completion of the work, remaining within the Work Order Completion Time, to the 21 Project Manager for review by the next weekly meeting. If the Contractor's 22 recovery or revised schedule requires work to occur during Other Than Normal 23 Working Hours, the Contractor will be responsible for any resulting costs incurred 24 by the Owner, including but not limited to, the costs for construction management, 25 contract administration, inspection, testing and staffing. 26 27 E. The Contractor shall deliver copies of his/her daily job logs to the Project Manager 28 and Owner on a weekly basis or as otherwise agreed to by Owner. At a minimum, 29 the Contractor's daily job log should include the sub-contractors working onsite, 30 number of workers and their trade classification, description of work, visitors, 31 temperature and weather conditions, accidents, delays, and any other important 32 information pertaining to the project that day. The Contractor will schedule and 33 coordinate the Work of all sub-contractors on the Project. The Contractor will 34 keep the Sub-contractors informed of the Construction Schedule to enable the 35 Contractor to plan and perform the Work properly. 36 37 38 2.18 RECORDS, DOCUMENTS AND SAMPLES AT THE SITE 39 40 A. The Contractor shall maintain all records of required Review Agencies, County or 41 State inspections and shall promptly notify the Project Manager of the results of 42 any inspection. Copies of all such records shall be provided to the Owner. 43 44 B. The Contractor shall secure and maintain required certificates of inspection, 45 testing or approval and shall promptly deliver them to the Project Manager. 46 47 C. The Contractor shall maintain at the Project site, on a daily basis, one (1) record 48 copy of all Drawings, Specifications, Addenda, Work Orders and other 49 Modifications, in good order and marked currently to record all changes made 50 during construction, and reviewed Shop Drawings, Product Data and Samples. 51 These shall be available to the Project Manager and the Owner and reviewed Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-28 JOB ORDER CONTRACTS 22-J-04 1 weekly, and shall be delivered to the Project Manager for forwarding to the Owner 2 upon completion of the Project. The Contractor shall advise the Project Manager 3 on a current basis of all changes in the Work made during construction. Payment 4 may be withheld from Contractor for failure to maintain current Record 5 Documents. 6 7 8 2.19 USE OF SITE 9 10 A. The Contractor shall confine operations at the site to areas permitted by law, 11 ordinances, permits and the Contract Documents, and shall not unreasonably 12 encumber the site with any materials or equipment. 13 14 B. The Contractor shall coordinate all of the Contractor's operations with, and secure 15 approval from, the Project Manager before using any portion of the site. Also see 16 Technical Specifications, Division I, General Requirements. 17 18 19 2.20 CUTTING AND PATCHING OF WORK 20 21 A. The Contractor shall be responsible for all cutting, fitting or patching that may be 22 required to complete the Work or to make its several parts fit together properly. 23 24 B. The Contractor shall not damage or endanger any portion of the Work or the work 25 of the Owner or any separate contractors by cutting, patching or otherwise altering 26 any work, or by excavation. The Contractor shall not cut or otherwise alter the 27 work of the Owner or any separate contractor except with the written consent of 28 the Owner and of such separate contractor. The Contractor shall not 29 unreasonably withhold from the Owner or any separate contractor consent to 30 cutting or otherwise altering the Work. 31 32 C. The Contractor in all cases shall exercise extreme care in any cutting operations, 33 and perform such operations under adequate supervision by competent 34 mechanics skilled in the applicable trade. Openings shall be neatly cut and shall 35 be kept as small as possible to avoid unnecessary damage. Careless and/or 36 avoidable cutting damage, etc., will not be tolerated, and the Contractor will be 37 held responsible for such avoidable or willful damage. 38 39 D. All replacing, patching and repairing of all materials and surfaces cut or damaged 40 in the execution of the Work shall be performed by experienced mechanics of the 41 several trades involved. All work of such nature shall be done with the applicable 42 materials, in such a manner that all surfaces so replaced, repaired, or patched, 43 will, upon completion of the Work, match the surrounding similar surfaces. 44 45 46 2.21 CLEANING UP 47 48 A. The Contractor shall at all times keep the premises free from accumulation of 49 waste materials or rubbish caused by the Contractor's operations. At the 50 completion of the Work, the Contractor shall remove all the Contractor's waste Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-29 JOB ORDER CONTRACTS 22-J-04 1 materials and rubbish from and about the Project as well as all the Contractor's 2 tools, construction equipment, machinery and surplus materials. 3 4 B. If the Contractor fails to clean up at the completion of the Work, the Owner may 5 do so and the cost thereof shall be paid by the Contractor. 6 7 8 2.22 INDEMNIFICATION 9 10 A. To the fullest extent permitted by law, Contractor agrees to and shall indemnify, 11 save, hold harmless and at Owner's request, defend Owner and its officers, 12 agents and employees, and the Architect and Consultants and their respective 13 officers, agents and employees, from any and all costs and expenses, attorney 14 fees and court costs, damages, liabilities, claims and losses occurring or resulting 15 to Owner, the Architect or Consultants in connection with the performance, or 16 failure to perform, by Contractor, its officers, agents or employees under this 17 Agreement, and from any and all costs and expenses, attorney fees and court 18 costs, damages, liabilities, claims and losses occurring or resulting to any person, 19 firm or corporation who may be injured or damaged by the performance, or failure 20 to perform, of Contractor, its officers, agents or employees under this Agreement. 21 In addition, Contractor agrees to indemnify Owner for Federal, State of California 22 and/or local audit exceptions resulting from non-compliance herein on the part of 23 Contractor. 24 25 B. In any and all claims against the Owner, the Architect or Consultants, or any of 26 their respective officers, agents or employees, initiated by any employee of the 27 Contractor, any Subcontractor, anyone directly or indirectly employed by any of 28 them or anyone for whose acts any of them may be liable, the indemnification 29 obligation set forth in the immediately preceding paragraph shall not be limited in 30 any way by any limitation on the amount or type of damages, compensation or 31 benefits payable by or for the Contractor or any Subcontractor under workmen's 32 compensation acts, disability benefit acts or other employee benefit acts. 33 34 1. Independent Contractor: In performance of the work, duties and 35 obligations assumed by Contractor under this Agreement, it is mutually 36 understood and agreed that Contractor, including any and all of the 37 Contractor's officers, agents, and employees will at all times be acting and 38 performing as an independent contractor, and shall act in an independent 39 capacity and not as an officer, agent, servant, employee,joint venturer, 40 partner, or associate of the Owner. Furthermore, Owner shall have no right 41 to control or supervise or direct the manner or method by which Contractor 42 shall perform its work and function. However, Owner shall retain the right to 43 administer this Agreement so as to verify that Contractor is performing its 44 obligations in accordance with the terms and conditions thereof. 45 46 Contractor and Owner shall comply with all applicable provisions of law 47 and the rules and regulations, if any, of governmental authorities having 48 jurisdiction over matters the subject thereof. 49 50 Because of its status as an independent contractor, Contractor shall 51 have absolutely no right to employment rights and benefits available to Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-30 JOB ORDER CONTRACTS 22-J-04 1 Owner employees. Contractor shall be solely liable and responsible for 2 providing to, or on behalf of, its employees all legally-required employee 3 benefits. In addition, Contractor shall be solely responsible and save 4 Owner harmless from all matters relating to payment of Contractor's 5 employees, including compliance with Social Security withholding and all 6 other regulations governing such matters. It is acknowledged that during 7 the term of this Agreement, Contractor may be providing services to 8 others unrelated to the Owner or to this Agreement 9 10 2.23 FAIR EMPLOYMENT PRACTICES CLAUSE 11 12 Nondiscrimination: In connection with the performance of Work under the contract, the 13 Contractor agrees (as prescribed in Chapter 6 of Division 3 of Title II of the Government 14 Code of the State of California, commencing at Section 12900 and by Labor Code 15 Section 1735) not to discriminate against any employee or applicant for employment 16 because of race, religious creed, color, national origin, ancestry, physical disability, 17 mental disability, medical condition, marital status or sex. The aforesaid provisions shall 18 include, but not be limited to, the following: employment, upgrading, demotion or 19 transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or 20 other forms of compensation, and selection for training, including apprenticeship. The 21 Contractor agrees to post hereafter in conspicuous places, available for employees and 22 applicants for employment, Notices to be provided by the County, setting forth the 23 provisions of this discrimination clause. The Contractor further agrees to insert the 24 foregoing provisions in all subcontracts hereunder, except subcontracts for standard 25 commercial supplies of raw materials. 26 27 28 2.24 PAYMENT 29 30 A. The Owner shall make one payment for all Work Orders that have a Work Order 31 Completion Time of 45 days or less, or a Work Order Price of$25,000 or less. For 32 all other Work Orders, the Owner may make partial, monthly payments based on 33 a percentage of the work completed. 34 35 B. SCHEDULE OF VALUES 36 37 Before the first Application for Payment, the Contractor shall submit to the Project 38 Manager a Schedule of Values allocated to the various portions of the Work, 39 prepared in such form and supported by such data to substantiate its accuracy as 40 the Project Manager may require. This schedule, unless objected to by the Project 41 Manager, shall be used only as a basis for the Contractor's Applications for 42 Payment. 43 44 C. APPLICATIONS FOR PAYMENT 45 46 The Owner will make progress payments to the Contractor upon completion of 47 portions of the Work, as covered by the Contract Documents, in accordance with 48 established Owner procedures. Before submitting an Application for Payment 49 (Final or Partial) the Contractor shall reach an agreement with the Project 50 Manager (in consultation with the Architect) concerning the percentage complete Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-31 JOB ORDER CONTRACTS 22-J-04 1 of the Detailed Scope of Work and the dollar value for which the Application for 2 Payment may be submitted. 3 4 1. On or about the twentieth (20th) of the month in which the work was 5 performed, the Contractor shall submit to the Project Manager an itemized 6 Application for Payment, notarized if required, supported by such data 7 substantiating the Contractor's right to payment as the Owner or the 8 Project Manager may require, including appropriate updates to the 9 Construction Schedule, and reflecting retainage, if any, as provided 10 elsewhere in the Contract Documents. Payment is expressly conditioned 11 upon submission by the Contractor of conditional and unconditional 12 waivers and release of lien rights upon progress payment as the Owner or 13 the Architect may require. Waiver and Release forms must be submitted 14 on forms approved by the Owner. Copies of said forms shall comply with 15 Civil Code Section 8132 through 8138, inclusive. 16 17 2. Unless otherwise provided in the Contract Documents, payments may be 18 made on account of materials or equipment not incorporated in the Work 19 but delivered and suitably stored at the site and, if approved in advance 20 by the Owner, payments may similarly be made for materials or equipment 21 suitably stored at some other location agreed upon in writing. Payments 22 for materials or equipment stored on or off the site shall be conditioned 23 upon submission by the Contractor of bills of sale or such other procedures 24 satisfactory to the Owner to establish the Owner's title to such materials 25 or equipment or otherwise protect the Owner's interest, including 26 applicable insurance and transportation to the site for those materials and 27 equipment stored off the site. 28 29 3. The Contractor warrants that title to all work, materials and equipment 30 covered by an Application for Payment will pass to the Owner either by 31 incorporation in the construction or upon receipt of payment by the 32 Contractor, whichever occurs first, free and clear of all liens, stop notices, 33 claims, security interest or encumbrances, hereinafter referred to as 34 "liens"; and that no work, materials or equipment covered by an 35 Application for Payment will have been acquired by the Contractor, or by 36 any other person performing work at the site or furnishing materials and 37 equipment for the Project, subject to an agreement under which an interest 38 therein or an encumbrance thereon is retained by the seller or otherwise 39 imposed by the Contractor or such other person. 40 41 4. On or about the twentieth (20'") day of the month following the month in 42 which the work was performed, the Owner shall pay to the Contractor 43 ninety-five percent (95%) of the value of said work in place, as checked 44 and approved by the Project Manager. The balance of five percent (5%) 45 of the estimate shall be retained by the Owner until the time of final 46 acceptance of said work. In lieu of the five percent (5%) retainage, the 47 Contractor may substitute securities as provided herein below. 48 49 a. If the Owner does not pay the Contractor within thirty (30) days 50 after receipt of an undisputed and properly submitted payment 51 request for a progress payment, excluding that portion of the final Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-32 JOB ORDER CONTRACTS 22-J-04 1 payment designated by the contract as retention earnings, then the 2 Owner shall pay interest to the Contractor as provided by Public 3 Contract Code Section 20104.50. Said interest penalty is the sole 4 recourse of Contractor and Contractor shall have no right to stop 5 the Work until payment of the amount owing has been received, 6 nor shall the Work Order Completion Time be extended, nor shall 7 the Work Order Price be increased in any way, including by reason 8 of any costs incurred by Contractor, except to the extent of said 9 interest payment. 10 11 b. Pursuant to Public Contract Code Section 7107, in the event of a 12 dispute between the Owner and Contractor, the Owner may 13 withhold from the final payment an amount not to exceed one 14 hundred and fifty percent (150%) of the disputed amount. Except 15 as so provided, the Owner shall release the retention withheld 16 within sixty (60) days after the date of Work Order completion of 17 the work of improvement, as "completion" is defined in Public 18 Contract Code Section 7107. In the event that retention payments 19 are not made within the time periods required by Public Contract 20 Code Section 7107, the Owner may be subject to the interest 21 provisions of Public Contract Code Section 7107. 22 23 5. Security Substitutions and Escrow for Moneys Withheld to Insure 24 Contractor's Performance. Pursuant to Public Contract Code section 25 22300, the Contractor may deposit in an escrow, equivalent securities for 26 any moneys withheld to ensure performance and have said moneys paid 27 directly to Contractor, or, in the alternative, have the Owner deposit such 28 moneys directly into an escrow. Upon the closing of any such escrow, 29 Contractor shall pay to each Subcontractor, not later than twenty (20)days 30 after receipt of the closing payment, the respective amount of interest 31 earned, net of costs attributed to retention withheld from each 32 Subcontractor, on the amount of retention withheld to insure the 33 performance of the Contractor. Any escrow established pursuant to this 34 article shall be with a state or federally chartered bank, shall be at the sole 35 expense of the Contractor, and shall be established using an escrow 36 agreement in substantially the following form: Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-33 JOB ORDER CONTRACTS 22-J-04 1 (Begin Escrow Agreement) 2 3 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION 4 5 This Escrow Agreement is made and entered into by and between the County of Fresno, 6 (hereinafter called "Owner"), 7 (hereinafter called "Contractor"); and , 8 a state or federally chartered bank in California, (hereinafter called "Escrow Agent"). 9 10 11 For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as 12 follows: 13 14 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, 15 Contractor has the option to deposit securities with Escrow Agent as a substitute for 16 retention earnings required to be withheld by Owner pursuant to the Construction 17 Contract entered into between the Owner and Contractor for 18 in the amount of 19 $ and dated (hereinafter referred to as 20 the "Contract"). Alternatively, on written request of the contractor, the owner shall make 21 payments of the retention earnings directly to the escrow agent. When Contractor 22 deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify 23 the Owner within ten (10) days of the deposit. The market value of the securities at the 24 time of the substitution, as valued by the Owner, shall be at least equal to the cumulative 25 total cash amount then required to be withheld as retention under the terms of the contract 26 between Owner and Contractor. If the Owner determines that the securities are not 27 adequate it will notify Contractor and Escrow Agent, and Contractor shall deposit 28 additional security as further determined by the Owner. Securities shall be held in the 29 name of the Owner and shall designate the Contractor as the beneficial owner. 30 31 2. Securities eligible for investment under subdivision (c) of the above-referenced Section 32 22300 shall include those listed in Section 16430 of the Government Code, and shall also 33 include bank or savings and loan certificates of deposit, interest-bearing demand deposit 34 accounts, and standby letters of credit. Deposit of any other type of security may be 35 permitted only by mutual agreement of the Contractor and the Owner, evidenced by an 36 amendment to this agreement executed by all of the parties hereto. 37 38 3. Upon the deposit of adequate securities, Owner shall make progress payments to the 39 Contractor for such funds which otherwise would be withheld from progress payments 40 pursuant to the Contract provisions. 41 42 4. When the Owner, at Contractor's written request, makes payment of retentions earned 43 directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the 44 Contractor until such time as the escrow created under this contract is terminated. The 45 Contractor may direct the investment of the payments into securities. All terms and 46 conditions of this agreement and the rights and responsibilities of the parties shall be 47 equally applicable and binding when the Owner pays the Escrow Agent directly. 48 49 5. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow 50 Agent in administering the Escrow Account and all expenses of the Owner. The Owner, 51 Contractor and Escrow Agent shall determine these expenses and payment terms. Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-34 JOB ORDER CONTRACTS 22-J-04 1 2 6. The interest earned on the securities or the money market accounts held in escrow and 3 all interest earned on that interest shall be for the sole account of Contractor and shall be 4 subject to withdrawal by Contractor at any time and from time to time without notice to 5 the Owner. 6 7 7. Contractor shall have the right to withdraw all or any part of the principal in the Escrow 8 Account only by written notice to Escrow Agent accompanied by written authorization 9 from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount 10 sought to be withdrawn by Contractor. 11 12 8. The Owner shall have the right to draw upon the securities or any amount paid directly to 13 Escrow Agent in the event of default by the Contractor. Upon seven (7) days written 14 notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall 15 immediately convert the securities to cash and shall distribute the cash, including any 16 amounts paid directly to Escrow Agent, as instructed by the Owner. Escrow Agent shall 17 not be concerned with the validity of any notice of default given by Owner pursuant to this 18 paragraph, and shall promptly comply with Owner's instructions to pay over said 19 escrowed assets. Escrow Agent further agrees not to interplead the escrowed assets in 20 response to conflicting demands and hereby waives any present or future right of 21 interpleader. 22 23 9. Upon receipt of written notification from the Owner certifying that the Contract is final and 24 complete, and that the Contractor has complied with all requirements and procedures 25 applicable to the Contract, Escrow Agent shall release to Contractor all securities and 26 interest on deposit less escrow fees and charges of the Escrow Account. The escrow 27 shall be closed immediately upon disbursement of all moneys and securities on deposit 28 and payment of fees and charges. 29 30 10. Escrow Agent shall rely on the written notifications from the Owner and Contractor 31 pursuant to Sections (6), (7), (8) and (9) of this Agreement and the Owner and Contractor 32 shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the 33 securities and interest as set forth above. 34 35 11. Securities eligible for investment under this Agreement, as provided by Public Contract 36 Code Section 22300, shall be those listed in Section 16430 of the Government Code, 37 bank or savings and loan certificates of deposit, interest bearing demand deposit 38 accounts, standby letters of credit, or any other security mutually agreed to by the 39 Contractor and Owner. 40 41 12. The venue of any litigation concerning the rights and obligations of the parties to this 42 agreement shall be the County of Fresno and the parties hereto waive the removal 43 provisions of Code of Civil Procedure Section 394. 44 45 13. The names of the persons who are authorized to give written notice or to receive written 46 notice on behalf of the Owner and on behalf of Contractor in connection with the 47 foregoing, and exemplars of their respective signatures are as follows: 48 49 On behalf of Owner: On behalf of Contractor: 50 51 Title — Business Manager Title 52 Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-35 JOB ORDER CONTRACTS 22-J-04 1 Name — Lemuel Asprec Name 2 3 Signature Signature 4 5 Address- 2220 Tulare, 6t" Floor Address 6 Fresno, CA 93721 7 8 On behalf of Escrow Agent: 9 10 Title 11 Name 12 Signature 13 Address 14 15 At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow 16 Agent a fully executed counterpart of this Agreement. 17 18 19 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper 20 officers on the date first set forth above. 21 22 Owner: Contractor: 23 24 Title — Steven White, Director Title 25 Department of Public Works and Planning Name 26 27 Signature Signature 28 29 Address- 2220 Tulare, 6` Floor Address 30 Fresno, CA 93721 31 32 Escrow Agent: 33 34 Title 35 36 Name 37 38 Signature 39 40 Address 41 42 43 (End Escrow Agreement) 44 45 46 47 6. Itemized Breakdown: The Contractor shall submit a financial breakdown 48 of the work, itemized by crafts or sections as designated by the Owner. 49 The Contractor's payment shall be based upon the monthly percentage of 50 completion of these items. 51 Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-36 JOB ORDER CONTRACTS 22-J-04 1 7. Lien Waivers: The Owner may require the Contractor to submit, along with 2 the progress payment request, notarized lien waivers from each 3 Subcontractor, materials or equipment supplier. Lien waivers shall comply 4 with Civil Code Section 8132, et seq., and the aggregate sum thereof shall 5 reflect all progress payments previously made. 6 7 D. CERTIFICATES FOR PAYMENT 8 9 1. The Project Manager shall, within seven (7) days after the receipt of the 10 Project Application for Payment, review the Project Application for 11 Payment and either issue a Project Certificate for Payment to the Owner 12 for such amounts as the Project Manager determines are properly due, or 13 notify the Contractor in writing of the reasons for withholding a Certificate 14 provided in Part F of this Section 2.24. 15 16 2. The issuance of a Project Certificate for Payment will constitute a 17 representation by the Project Manager to the Owner that, based on the 18 Project Manager's observations at the site as provided herein and the data 19 comprising the Project Application for Payment, the Work has progressed 20 to the point indicated and that, to the best of the Project Manager's 21 knowledge, information and belief, the quality and timeliness of the Work 22 is in accordance with the Contract Documents (subject to an evaluation of 23 the Work for conformance with the Contract Documents upon Completion 24 of the Work, to the results of any subsequent tests required by or 25 performed under the Contract Documents, to minor deviations from the 26 Contract Documents correctable prior to completion, and to any specific 27 qualifications stated in the Certificate); and that based upon all currently 28 available information, the Contractor is entitled to payment in the amount 29 certified. However, by issuing a Project Certificate for Payment, the 30 Project Manager shall not thereby be deemed to represent that the Project 31 Manager has made exhaustive or continuous on-site inspections to check 32 the quality or quantity of the Work, has reviewed the construction means, 33 methods, techniques, sequences or procedures, or has made any 34 examination to ascertain how or for what purpose the Contractor has used 35 the monies previously paid on account of the Work Order Price. 36 37 E. PROGRESS PAYMENTS 38 39 1. After the Project Manager has issued a Project Certificate for Payment, 40 the Owner shall make payment in the manner and within the time provided 41 in the Contract Documents. 42 43 2. The Contractor shall promptly pay each Subcontractor upon receipt of 44 payment from the Owner, out of the amount paid to the Contractor on 45 account of such Subcontractor's Work, the amount to which Subcontractor 46 is entitled, reflecting the percentage actually retained, if any, from 47 payments to the Contract on account of such Subcontractor's Work. The 48 Contractor shall, by an appropriate agreement with each Subcontractor, 49 require each Subcontractor to make payments to their Sub-subcontractors 50 in similar manner. 51 Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-37 JOB ORDER CONTRACTS 22-J-04 1 3. The Project Manager may on request of any Subcontractor, at the Project 2 Manager's discretion, furnish to that Subcontractor, if practicable, 3 information regarding the percentages of completion or the amounts 4 applied for by the Contractor and the action taken thereon by the Project 5 Manager on account of Work done by such Subcontractor. 6 7 4. Neither the Owner nor the Project Manager shall have any obligation to 8 pay or to see to the payment of any monies to any Subcontractor or 9 Material Suppliers except as may otherwise be required by law. 10 11 5. Neither certification of a progress payment, delivery of a progress 12 payment, nor partial or entire use or occupancy of the Project by the 13 Owner, shall constitute an acceptance of any Work not performed in 14 accordance with the Contract Documents. 15 16 F. PAYMENTS WITHHELD 17 18 1. The Project Manager may decline to certify payment and may withhold the 19 Certificate in whole or in part to the extent necessary to reasonably protect 20 the Owner, if, in the Project Manager's opinion, the Project Manager is 21 unable to make representations to the Owner as provided herein above 22 for Certificates for Payment. If the Project Manager is unable to make 23 representations to the Owner and certify payment in the amount of the 24 Project Application, the Project Manager will notify the Contractor as 25 provided herein. If the Contractor and the Project Manager cannot agree 26 on a revised amount, the Project Manager will promptly issue a Project 27 Certificate for Payment for the amount for which the Project Manager is 28 able to make such representations to the Owner. The Project Manager 29 may also decline to certify payment or, because of subsequently 30 discovered evidence or subsequent observations, the Project Manager 31 may nullify the whole or any part of any Project Certificate for Payment 32 previously issued to such extent as may be necessary, in the Project 33 Manager's opinion, to protect the Owner from loss because of: 34 35 a. Defective Work not remedied; 36 b. Third party claims filed or reasonable evidence indicating probable 37 filing of such claims, including claims by separate contractors; 38 C. Failure of the Contractor to make payments properly to 39 Subcontractors, or for labor, materials or equipment; 40 d. Architect's determination, based upon reasonable evidence, that 41 the Work cannot be completed for the unpaid balance of the 42 Contract Sum; 43 e. Damage to the Owner or another contractor; 44 f. Architect's determination, based upon reasonable evidence, that 45 the Work will not be accomplished in compliance with the Work 46 Order Completion Time; 47 g. Persistent failure to carry out the Work in accordance with the 48 Contract Documents; 49 h. Failure of the Contractor to submit Construction Schedules or 50 Submittal and Procurement Schedules as required; Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-38 JOB ORDER CONTRACTS 22-J-04 1 i. Failure of the Contractor to maintain record drawings on a current 2 basis; 3 j. Failure of the Contractor to submit notarized lien waivers from each 4 Subcontractor, materials or equipment supplier; 5 k. Failure of the Contractor to submit certified payroll reports; 6 I. Stop notice served upon the Owner. 7 8 2. A retention in the amount of one-thousand dollars ($1,000)will be withheld 9 from the Contractor's monthly progress payment for each and every 10 required document not submitted in a timely manner by the Contractor or 11 its subcontractors up to a maximum of ten-thousand dollars ($10,000). For 12 purposes of this Paragraph, the term "required document" includes, but is 13 not limited to, certified payrolls, labor compliance documents, 14 Disadvantaged Business Enterprise documents, and any other 15 information or documents required to be submitted by the Contractor or 16 any of its subcontractors under the terms of this Agreement or pursuant to 17 applicable federal, state or local laws or regulations. The retention 18 provided for in this Paragraph shall be in addition to any other deduction 19 or retention allowed under this Agreement, and shall be in addition to any 20 other remedy or consequence provided by law for untimely submission of 21 any required document. Such retention shall remain in effect only until 22 such time as the required documents have been submitted by the 23 Contractor or its subcontractor(s)and have been determined by the Owner 24 to be both complete and acceptable as to form. 25 26 3. When the grounds as noted above are removed, payment shall be made 27 for amounts withheld on the basis thereof. 28 29 G. COMPLETION AND FINAL PAYMENT 30 31 1. Following the Contractor's completion of the Work of each individual Work 32 Order, the Contractor shall forward to the Project Manager a written notice 33 that the Work is ready for final inspection and acceptance, and shall also 34 forward to the Project Manager a final Application for Payment. Upon 35 receipt, the Project Manager will promptly make such inspection. When 36 the Project Manager finds the Work acceptable under the Contract 37 documents and the Contract fully performed, the Project Manager will 38 issue a Project Certificate for Payment which will certify the final payment 39 due the Contractor. This certification will constitute a representation that, 40 to the best of the Project Manager's knowledge, information and belief, 41 and on the basis of observations and inspections, the Work has been 42 completed in accordance with the Terms and Conditions of the Contract 43 Documents and that the entire balance found to be due the Contractor, 44 and noted in said Certificate, is due and payable. The Project Manager's 45 certification of said Project Certificate for Payment will constitute a further 46 representation that the conditions precedent to the Contractor's being 47 entitled to final payment as set forth herein below have been fulfilled. 48 49 2. Neither the final payment on each individual Work Order nor the remaining 50 retainage shall become due until the Contractor submits to the Project 51 Manager(1) an affidavit that all payrolls, bills for materials and equipment, Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-39 JOB ORDER CONTRACTS 22-J-04 1 and other indebtedness connected with the Work for which the Owner or 2 the Owner's property might in any way be responsible, have been paid or 3 otherwise satisfied, (2) consent of surety, if any, to final payment, and (3) 4 other data establishing payment or satisfaction of all such obligations, 5 such as receipts, releases and waivers of liens arising out of the Contract, 6 to the extent and in such form as may be designated by the Owner. If any 7 Subcontractor refuses to furnish a release or waiver required by the 8 Owner, the Contractor may furnish a bond satisfactory to the Owner to 9 indemnify the Owner against any such lien. The bond cannot be from the 10 original surety insurer for the project or any affiliate of the original surety. 11 If any such lien remains unsatisfied after all payments are made, the 12 Contractor shall refund to the Owner all monies that the latter may be 13 compelled to pay in discharging such lien. 14 15 3. All provisions of this Agreement, including without limitation those 16 establishing obligations and procedures, shall remain in full force and 17 effect notwithstanding the making or acceptance of final payment, and the 18 making of final payment shall not constitute a waiver of any claims by the 19 Owner. 20 21 4. Upon completion and acceptance of all work whatsoever required on each 22 individual Work Order, and upon the release of all claims against the 23 Owner as specified, the Owner shall file a written Notice of Completion 24 with the County Recorder as to the entire amount of work performed for 25 each individual Project. 26 27 5. Final payment will be released within sixty (60) days after the date of 28 acceptance of the Work as reflected in the Notice of Completion filed with 29 the County Recorder's Office; provided, that Owner may withhold from the 30 final payment, in the event of a dispute between Owner and Contractor, 31 retentions in and amount not exceeding 150 percent of the disputed 32 amount. At the Contractor's option, the Owner may release retention upon 33 receipt of an unconditional lien release for the full value of the Work Order 34 and any of its Supplemental Work Orders. 35 36 6. All manufacturers' warranties required by the Contract Documents shall 37 commence on the date of the Notice of Completion for the Work. It shall 38 be the Contractor's responsibility, through appropriate contractual 39 arrangements with all subcontractors, materialmen and suppliers, to 40 ensure compliance with this requirement. 41 42 7. The acceptance by the Contractor of the final payment, after the date of 43 Notice of Completion of the Project, shall be and shall operate as a release 44 to the Owner of all claims and of all liability to the Contractor, under the 45 Contract Documents or otherwise, for all things done or furnished in 46 connection with this Work, excepting only the Contractor's claims for 47 interest upon final payment, if such final payment be improperly delayed. 48 No payments, however, final or otherwise, shall operate to release the 49 Contractor or his/her sureties from any obligations under the Contract 50 Documents, including but not limited to the Performance and Payment 51 Bonds. Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-40 JOB ORDER CONTRACTS 22-J-04 1 2 2.25 CHANGES TO THE WORK 3 4 A. The Owner, without invalidating the Contract or a Work Order, may order changes 5 in the Work within the general scope of the Contract consisting of additions, 6 deletion or other revisions. All such changes in the Work shall be authorized by a 7 Supplemental Work Order, and shall be performed under the applicable 8 conditions of the Contract Documents. 9 10 B. SUPPLEMENTAL Work ORDER: A Work Order issued to add or delete Work 11 from an existing, related Work Order. Only an executed Supplemental Work 12 Order will effectuate change in either the Work Order Price and/or the Work Order 13 Time. 14 15 C. All claims for additional compensation to the Contractor shall be presented in 16 writing before the expense is incurred and will be adjusted as provided herein. No 17 work shall be allowed to lag pending such adjustment, but shall be promptly 18 executed as directed, even if a disputed claim arises. No claim will be considered 19 after the work in question has been done unless a Supplemental Work Order has 20 been issued or a timely written notice of claim has been made by Contractor. 21 22 D. Supplemental Work Orders are developed by the same method as a Work Order 23 as provided under Section 2.09.A, Procedures for Developing a Work Order. 24 25 E. The value of tasks deleted from the Detailed Scope of Work shall be calculated 26 according to the standard procedures for calculating all Pre-priced Tasks and Non 27 Pre-priced Tasks. The result is that a credit for Tasks that have been deleted from 28 the Detailed Scope of Work will be given at 100% of the value at which they were 29 included in the original Price Proposal. 30 31 32 2.26 NOT USED 33 34 35 2.27 SITE CONDITIONS 36 37 A. Where investigations have been conducted by the Owner of existing conditions 38 on a site, including subsurface conditions, such investigations are made for the 39 purpose of design only and for the information of bidders. The results of such 40 investigations represent only the statement by the Owner as to the circumstance 41 and character of materials actually encountered by the Owner during the 42 investigations. The Owner makes no guarantee or warranty, express or implied, 43 that the conditions indicated are representative of conditions existing throughout 44 the site of a Project or any part of it, or that unanticipated conditions might not 45 occur. 46 47 B. All excavation work shall be performed on an "unclassified basis"; that is, such 48 work shall include the removal of all material encountered including earth or rock 49 formations, regardless of the type or hardness thereof, or groundwater conditions 50 in the excavation, the cost of such excavations being included in the Work Order 51 Price. Unclassified excavation Work includes drilling or blasting operations. Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-41 JOB ORDER CONTRACTS 22-J-04 1 2 C. If site conditions are discovered that materially differ from previous information 3 that the Contractor has received, and that could not have been discovered by the 4 Contractor through prudent and reasonable investigation prior to developing the 5 Work Order Price Proposal for the work, the Contractor shall be compensated for 6 additional costs incurred in working with the unknown site conditions, but only to 7 the extent that such previously unknown and undiscoverable site conditions cause 8 the Contractor to incur costs in addition to the Work Order price for that portion of 9 the work. The Contractor must be able to demonstrate clearly the original Work 10 Order price for that portion of the work (plus any Supplemental Work Orders 11 applicable to that portion of the work) and the additional costs incurred as a direct 12 result of the unknown site conditions. Only additional costs over and above the 13 amount of the Work Order price for that portion of the work will be compensated 14 upon a recommendation of approval by the Project Manager. 15 16 17 2.28 REQUEST FOR EQUITABLE ADJUSTMENT 18 19 A. If the Contractor considers a Request for Equitable Adjustment is justified for any 20 increase in the Work Order Time, the Contractor shall promptly, upon first 21 observance of the condition giving rise to the request, provide the Project 22 Manager and Owner written notice of such condition and circumstance. This 23 notice shall be given by the Contractor before proceeding to execute the Work, 24 except in emergency endangering life or property, in which case the Contractor 25 shall proceed in accordance with the Emergency provisions of these General 26 Conditions. No such request shall be valid unless so made. A Supplemental Work 27 Order shall be required to authorize any change in the Work Order Time resulting 28 from such request for equitable adjustment. 29 30 B. If the Contractor requests that additional cost or time is involved because of, but 31 not limited to, (1) any written interpretation pursuant to Section 2.07.G, (2) any 32 order by the Owner to stop the Work pursuant to Section 2.08 where the 33 Contractor was not at fault, or any such order by the Project Manager as the 34 Owner's agent, (3) any written order for a minor change in the Work issued 35 pursuant to Section 2.29, the Contractor shall make such request for equitable 36 adjustment as provided in Section 2.28.A. 37 38 39 2.29 MINOR CHANGES IN THE WORK 40 41 The Project Manager will have authority to order minor changes in the Work not involving 42 an adjustment in the Work Order Price or extension of the Work Order Time and not 43 inconsistent with the intent of the Contract Documents. Such changes shall be enacted 44 by written order issued through the Project Manager, and shall be binding on the Owner 45 and the Contractor. The Contractor shall carry out such written orders promptly. 46 47 48 2.30 SUCCESSORS AND ASSIGNS 49 50 The Owner and the Contractor, respectively, bind themselves, their partners, successors, 51 assigns and legal representatives to the other party hereto and to the partners, Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-42 JOB ORDER CONTRACTS 22-J-04 1 successors, assigns and legal representatives of such other party with respect to all 2 covenants, agreements and obligations contained in the Contract Documents. Neither 3 party to the Contract shall assign the Contract or sublet it as a whole without the written 4 consent of the other. 5 6 7 2.31 ASSIGNMENT OF MONEYS 8 9 The Contractor shall not assign moneys due or to become due him/her under the contract 10 without the written consent of the Auditor-Controller of Fresno County. Any assignment 11 of moneys shall be subject to all proper set-offs in favor of the County of Fresno and to 12 all deductions provided for in the contract and particularly all money withheld, whether 13 assigned or not, shall be subject to being used by the County of Fresno for the completion 14 of the work in the event that the Contractor should be in default therein. 15 16 17 2.32 GUARANTEE OF WORK 18 19 A. The Contractor warrants to the Owner that all materials and equipment and the 20 work as a whole furnished under this Contract will be new unless otherwise 21 specified, and that all Work will be of good quality, free from faults and defects 22 and in conformance with the Contract Documents, for one (1) year from the date 23 of Notice of Completion of each Project, unless a longer period is otherwise 24 specified. All manufacturer's warranties required by the Contract Documents shall 25 commence on the date of the filing of the Notice of Completion for the Work(which 26 date necessarily will follow the performance under separate contracts. It shall be 27 the Contractor's responsibility, through appropriate contractual arrangements with 28 all subcontractors, material manufacturers and suppliers, to ensure compliance 29 with this requirement. All Work not conforming to these requirements, including 30 substitutions not properly reviewed and authorized, may be considered defective. 31 If required by the Project Manager, the Contractor shall furnish satisfactory 32 evidence as to the kind and quality of materials and equipment. 33 34 B. If repairs or changes are required in connection with guaranteed work within any 35 guaranteed period, which, in the opinion of the Project Manager is rendered 36 necessary as the result of the use of materials, equipment or workmanship which 37 are inferior, defective, or not in accordance with the Contract Documents, the 38 Contractor shall, promptly upon receipt of notice from the Owner, and without 39 expense to the Owner (1) place in satisfactory condition in every particular all of 40 such guaranteed work, correct all defects therein, and (2) make good all damage 41 to the building or site, or equipment or contents thereof, which, in the opinion of 42 the Project Manager, is the result of the use of materials, equipment or 43 workmanship which are inferior, defective, or not in accordance with the Contract 44 Documents; and (3) make good any work or materials, or the equipment and 45 contents of said building or site disturbed in fulfilling any such guarantee. 46 47 C. If the Contractor disturbs any work guaranteed under another contract in fulfilling 48 the requirements of the contract or of any guarantee, embraced in or required 49 thereby, he/she shall restore such disturbed work to a condition satisfactory to the 50 Project Manager and guarantee such restored work to the same extent as it was 51 guaranteed under such other contract. Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-43 JOB ORDER CONTRACTS 22-J-04 1 2 D. The Owner may have the defects corrected if the Contractor, after notice, fails to 3 proceed promptly to comply with the terms of the guarantee and the Contractor 4 and his/her surety shall be liable for all costs and expenses incurred in connection 5 therewith. 6 7 E. All special guarantees applicable to definite parts of the work that may be 8 stipulated in the Contract Documents shall be subject to the terms of this Article 9 2.32 during the first (1st) year (365 Calendar Days) of the life of such special 10 guarantee. 11 12 13 2.33 RESPONSIBILITY FOR DAMAGE 14 15 A. Neither the Owner, the Architect, nor any officer or employee of the County, or 16 officer or employee thereof, within the limits of which the work is being performed, 17 shall be answerable or accountable in any manner, for any loss or damage that 18 may happen to the work or any part thereof; or for any of the materials or other 19 things used or employed in performing the work; or for injury to any person or 20 persons, either workmen or the public, for damage to property from any cause 21 which might have been prevented by the Contractor, or his/her workmen, or 22 anyone employed by him/her, against all of which injuries or damages to persons 23 and property the Contractor having control over such work must properly guard. 24 25 B. The Contractor shall be responsible for any liability imposed by law for any 26 damage to any person or property resulting from defects or obstructions or from 27 any cause whatsoever during the progress of the work or at any time before the 28 issuance of the Notice of Completion. 29 30 C. The Contractor shall indemnify and hold harmless the Owner, the Project 31 Manager, the Architect, and all of their respective officers and employees, from 32 all claims, lawsuits or actions of every kind and nature whatsoever, brought for, or 33 on account of any injuries or damages received or sustained by any person or 34 persons, resulting from any act or admission by the Contractor or his/her servants 35 or agents, in the construction of the work or by or in consequence of any 36 negligence in guarding the same, in improper materials used in its construction, 37 or by or on account of any act or omission of the Contractor or his/her agents in 38 the performance of Contractor's obligations under the Contract Documents. In 39 addition to any remedy authorized by law, so much of the money due the 40 Contractor under and by virtue of the contract as shall be considered necessary 41 by the Owner may be retained by the Owner until disposition has been made of 42 such claims, lawsuits or actions for damages as aforesaid. 43 44 45 2.34 WRITTEN NOTICE 46 47 Subject to any additional requirements that may be applicable to claims under the 48 immediately following Article 2.35 RESOLUTION OF CONTRACT CLAIMS AND 49 DISPUTES, formal service, when required, of written notice shall be deemed to have 50 been duly served if delivered in person, to the individual or member of the firm or entity 51 or to an officer of the corporation for whom it was intended, or if sent by registered or 52 certified mail to the listed address of that entity for the attention of such individual. Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-44 JOB ORDER CONTRACTS 22-J-04 1 2 3 2.35 RESOLUTION OF CONTRACT CLAIMS AND DISPUTES 4 5 A. A Claim is a demand or assertion sent by registered mail or certified mail with 6 return receipt requested by one (1) of the parties seeking, as a matter of right, 7 adjustment or interpretation of Contract terms, payment of money, extension of 8 time, or a request for equitable adjustment or Supplemental Work Order which 9 cannot be resolved per provisions of Section 2.25 - CHANGES TO THE WORK. 10 Any Claim shall be reduced to writing and filed with the Project Manager, within 11 ten (10) calendar days after the Contractor has notice of the condition giving rise 12 to the Claim, and final action per Section 2.25 - CHANGES TO THE WORK 13 procedures has taken place or has been declared as such in writing, by either 14 party. Such ten (10)-day notice of an asserted claim is in addition to the 15 requirement for prompt notice required per Section 2.25 - CHANGES TO THE 16 WORK. 17 18 B. The Contractor shall not claim or recover any overhead cost administrative or 19 otherwise, particularly 'Home Office' expenses, 'Extended site overhead', or any 20 other overhead cost on the basis of any'Home Office'damages formula, 'Eichleay' 21 formula, 'Total Cost' recovery formula or any other such formula. 22 23 C. REQUIREMENTS FOR FILING A CLAIM. Claims shall be submitted to the 24 Project Manager. Claims must be filed within the time specified above, but in no 25 event shall any claim be considered by the Project Manager that is filed later than 26 the date of final payment of the Project. The claim shall be in writing and shall be 27 a sum certain if known. If unknown, Contractor shall specify the basis for 28 establishing the sum certain. Claim shall include a statement of the reasons for 29 the asserted entitlement, and include the documents necessary to substantiate 30 the claim. Such documents may include but are not limited to payroll records, 31 purchase orders, quotations, invoices, estimates, subcontracts, daily logs, 32 supplier contracts, subcontract billings, bid takeoffs, equipment rental invoices, 33 ledgers, journals, daily reports, job diaries, and any documentation related to the 34 requirements of Section 2.25 - CHANGES TO THE WORK. In the case of a 35 continuing delay, only one (1) claim is necessary. If adverse weather conditions 36 are the basis for a claim for additional time, such claim shall be documented by 37 data substantiating that weather conditions were abnormal for the period of time 38 and could not have been reasonably anticipated, and that weather conditions had 39 an adverse effect on the critical activities on the construction schedule. The 40 Contractor shall certify, at the time of submission of a claim, as follows: 41 42 "I, being the 43 (MUST BE AN OFFICER) of 44 (GENERAL CONTRACTOR), 45 declare under penalty of perjury under the laws of the State of California, 46 and do personally certify and attest that: I have thoroughly reviewed the 47 attached claim for additional compensation and/or extension of time, and 48 know its contents, and said claim is made in good faith; The supporting 49 data is truthful and accurate; That the amount requested accurately 50 reflects the contract adjustment for which the Contractor believes the 51 Owner is liable; and, further, that I am familiar with California Penal Code Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-45 JOB ORDER CONTRACTS 22-J-04 1 Section 72 and California Government Code Section 12560, et seq, 2 pertaining to false claims, and further know and understand that 3 submission or certification of a false claim may lead to fines, imprisonment 4 and/or other severe legal consequences. 5 6 By: 7 (Contractor's signature) (Date) 8 9 D. Nothing in this Article is intended to extend the time limit or supersede notice 10 requirements otherwise provided by this contract or by applicable law for the filing 11 of claims. Any formal claim shall be processed in accordance with the provisions 12 of Public Contract Code Section 9204 and Section 20104 et. seg., each of which 13 establishes a process for resolution of claims, the provisions of which are 14 consistent with and effectively summarized by the following 15 16 1. The Owner (or his/her designee), shall review the facts pertinent to the 17 claim, obtain additional information deemed necessary for a decision (if 18 any), review recommendations of the Project Manager, coordinate with the 19 contract administrator (if any) and secure assistance from legal and other 20 advisors, and render a written decision on the claim within forty-five (45) 21 days of receipt of the claim. If additional information or documentation is 22 thereafter required, it shall be requested and provided pursuant to this 23 subdivision, upon mutual agreement of the Owner (or his/her designee) 24 and claimant. The Owner's (or his/her designee's)written response to the 25 claim, as supplemented by any additional information and/or 26 documentation provided by claimant, shall be submitted to the claimant 27 within fifteen (15) days after receipt of the further information and/or 28 documentation or within a period of time no greater than that taken by the 29 claimant in producing the additional information, whichever is greater. 30 31 2. If the claimant disputes the written response of Owner (or his/her 32 designee), or Owner fails to respond within the time prescribed, the 33 claimant may so notify the Owner (or his/her designee), in writing, either 34 within fifteen (15) days of receipt of the Owner (or his/her designee's) 35 response or within fifteen (15) days of the Owner (or his/her designee's) 36 failure to respond within the time prescribed, respectively, and demand an 37 informal conference to meet and confer for settlement of the issues in 38 dispute. Upon a demand, the Owner (or his/her designee) shall schedule 39 a meet and confer conference within thirty (30) days for settlement of the 40 dispute. 41 42 3. Within ten (10) business days following conclusion of the meet and confer 43 conference, any unpaid portion of the claim remaining in dispute shall be 44 submitted to nonbinding mediation, as that term is defined by Public 45 Contract Code Section 9204(d((2)(C). 46 47 4. If following the conclusion of the meet and confer conference and 48 mediation process, the claim or any portion thereof remains in dispute, the 49 claimant may file a claim pursuant to Chapter 1 (commencing with Section 50 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 51 3.6 of Title 1 of the Government Code. For purposes of those provisions, Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-46 JOB ORDER CONTRACTS 22-J-04 1 the running of the period of time within which a claim must be filed shall 2 be tolled from the time the claimant submits his/her written claim pursuant 3 to subdivision (a) until the time the claim is denied, including any period of 4 time utilized by the meet and confer conference and mediation process as 5 described in the immediately preceding Paragraphs 2 and 3 of this Section 6 D. 7 8 5. In the event of any perceived conflict between the summary of the 9 procedure set forth in this Article and the actual provisions of the Public 10 Contract Code Section 9204 and Section 20104, et seq., the statutory 11 provisions shall control; and in the event of any perceived conflict 12 between the provisions of Section 9204 and Section 20104, et seq., the 13 provisions of Section 9204 shall control. 14 15 E. Procedures for Civil Actions to Resolve Disputed Claims: Non-binding Mediation: 16 Within sixty (60) days, but no earlier than thirty (30) days, following the filing of a 17 responsive pleading, the court shall submit the matter to non-binding mediation 18 unless waived by mutual stipulation by both parties. The mediation process shall 19 provide for the selection within fifteen (15) days by both parties of a disinterested 20 third person as mediation, shall be commenced within thirty (30) days of the 21 submittal, and shall be concluded within fifteen (15)days from the commencement 22 of the mediation unless a time requirement is extended upon a good cause shown 23 to the court. If the parties fail to select a mediator within the 15-day period, any 24 party may petition the court to appoint the mediator. 25 26 Judicial Arbitration: If the matter remains in dispute, the case shall be submitted 27 to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) 28 of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 29 of the code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 30 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply 31 to any proceeding brought under this subsection consistent with the rules 32 pertaining to judicial arbitration. Arbitrators shall be experienced in construction 33 law. 34 35 Appeals: As provided by statute (specifically Public Contract Code section 36 20104.4(b)(3) and Code of Civil Procedure section 1141.21), any party appealing 37 an arbitration award who does not obtain a more favorable judgment shall, in 38 addition to payment of costs and fees, also pay the attorneys' fees on appeal of 39 the other party. 40 41 F. CLAIMS AND DISPUTES EXEMPT FROM FILING REQUIREMENTS. The 42 requirements and procedures imposed by this Article do not apply to: 43 44 1. Any claims by the Owner; or 45 46 2. Any claim for or respecting personal injury or death or reimbursement or 47 other compensation arising out of or resulting from liability for personal 48 injury or death; or 49 50 3. Any claim or dispute relating to stop payment requests or stop notices; or 51 Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-47 JOB ORDER CONTRACTS 22-J-04 1 4. Any claim or dispute related to the approval, refusal to approve, or 2 substitution of Subcontractors, regardless of tier, and suppliers. 3 4 5 G. PAYMENT OF UNDISPUTED PORTION OF CLAIM. Owner shall pay claimant 6 such portion of a claim that is undisputed except as otherwise provided in the 7 contract. 8 9 H. CONTINUE WORK DURING DISPUTE. In the event of any disputed claim or 10 other dispute between the Owner and the Contractor, the Contractor will not stop 11 work but will prosecute the work diligently to completion in his/her manner directed 12 by the Owner, and the dispute shall be resolved by a court of law after completion 13 of the Work. However, Contractor must submit all disputes in accordance with 14 the provisions of this Section 2.35. 15 16 I. SUIT IN FRESNO COUNTY ONLY. Any litigation arising out of this Contract shall 17 be brought in Fresno County and Contractor hereby waives the removal 18 provisions of California Code of Civil Procedure Section 394. 19 20 21 2.36 PERFORMANCE BOND, LABOR AND MATERIAL PAYMENT BOND AND 22 WARRANTY BOND 23 24 A. The Contractor shall furnish Performance Bond in the amount of one hundred 25 percent (100%) of the Contract Sum, and Payment Bond in the amount of one 26 hundred percent (100%)of the Contract Sum and One Year Warranty Bond in the 27 amount of ten percent (10%) of the Final Contract Sum, which is the cumulative 28 amount that will have been paid to Contractor for all of the Work performed under 29 the Contract once the Project has been completed and the Work has been 30 accepted by the County. 31 32 B. All bonds required, whether Bid bonds, Performance, Payment, Warranty or other 33 bonds, shall be issued by an admitted surety insurer authorized by the California 34 Insurance Commissioner to transact surety insurance in the state. The same 35 admitted surety insurer must issue the Bid Bond, Performance Bond, Payment 36 Bond, and Warranty Bond. The payment, performance and warranty bonds 37 required by these specifications will neither be accepted nor approved by the 38 Owner unless the bonds are underwritten by an admitted surety and the 39 requirements of California Code of Civil Procedure section 995.630 are met. The 40 bonds must include a physical mailing address, phone number, FAX number, and 41 contract person for the admitted surety insurer. The Owner further reserves the 42 right to satisfy itself as to the acceptability of the surety and the form of bond. 43 Upon request of the Owner, the bidder must submit the following documents: 44 45 1. The original, or a certified copy, of the unrevoked appointment, power of 46 attorney, bylaws, or other instrument authorizing the person who executed 47 the bond to do so. 48 49 2. A certified copy of the certificate of authority of the insurer issued by the 50 California Insurance Commissioner. 51 Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-48 JOB ORDER CONTRACTS 22-J-04 1 3. A certificate from the county clerk that the certificate of authority has not 2 been surrendered, revoked, canceled, annulled, or suspended, or in the 3 event that it has, that renewed authority has been granted. 4 5 4. A financial statement of the assets and liabilities of the insurer to the end 6 of the quarter calendar year prior to thirty (30) days next preceding the 7 date of the execution of the bond, in the form of an officers' certificate as 8 defined in Corporations Code section 173. 9 10 11 2.37 RIGHTS AND REMEDIES 12 13 A. The duties and obligations imposed by the Contract Documents and the rights 14 and remedies available hereunder shall be in addition to, and not a limitation of, 15 any duties, obligations, rights and remedies otherwise imposed or available by 16 law. 17 18 B. No action or failure to act by the Owner, or by the Project Manager or Architect, 19 regarding any deficiency, breach or default in performance by the Contractor 20 under the Contract Documents, shall be deemed or construed to constitute 21 acquiescence of the Owner in connection therewith or with regard to any 22 subsequent deficiency, breach or default in performance by the Contractor; nor 23 shall any such prior act of failure to act by or on behalf of Owner be deemed or 24 construed as a waiver of any rights in favor of Owner regarding any such 25 deficiency, breach or default in performance by the Contractor, regardless of the 26 similarity to the prior incident or circumstance when no action was taken regarding 27 any alleged deficiency, breach or default in performance by the Contractor. 28 29 30 2.38 TIME, DELAYS AND LIQUIDATED DAMAGES 31 32 A. DEFINITIONS 33 34 1. Unless otherwise provided, the Work Order Completion Time is the period 35 of time allotted in the Contract Documents for completion of the Work of 36 an individual work Order, including authorized adjustments thereto. 37 38 2. The Date of Commencement of the Work is the date established in the 39 Notice to Proceed. 40 41 3. The Date of Completion of the Work is the date of which the work is 42 certified as complete by the Project Manager as specified in the Notice of 43 Completion. 44 45 4. The term "day" as used in the Contract Documents shall mean calendar 46 day unless specifically designated otherwise. 47 48 B. PROGRESS AND COMPLETION 49 50 1. Time is of the essence regarding all time limits stated in the Work Order 51 Notice to Proceed. By executing the Work Order, the Contractor confirms Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-49 JOB ORDER CONTRACTS 22-J-04 1 that the Work Order Completion Time is a reasonable period for 2 performing the Work of the individual Work Order. 3 4 2. The Contractor shall begin the Work on the Date of Commencement. The 5 Contractor shall not knowingly, except by agreement or instruction of the 6 Owner in writing, prematurely commence operations on the site or 7 elsewhere prior to the effective date of insurance required herein to be 8 furnished by the Contractor. The Date of Commencement of the Work 9 shall not be changed by the effective date of such insurance. 10 11 3. The Contractor shall carry the Work forward expeditiously with adequate 12 forces and shall achieve Completion of the Work within the Work Order 13 Completion Time. 14 15 C. DELAYS AND EXTENSIONS OF TIME 16 17 1. Delays in prosecution of parts or classes of the Work that are not 18 demonstrated to prevent or delay completion of an entire Project or 19 specific milestones within the Work Order Completion Time are not 20 "unavoidable delays" for purposes of this section. 21 22 2. In all cases, the time authorized for extension of the Work Order 23 Completion Time shall be no greater than the number of days directly 24 attributable to the event or circumstances which causes unavoidable delay 25 in the completion of a Project. Contractor shall be entitled, in the case of 26 unavoidable delays, to an extension in the Work Order Completion Time, 27 but not to any increase to the Work Order Price. "Unavoidable delay" for 28 this purpose shall be defined as follows: 29 30 a. Unavailable Materials. That materials or articles called for in the 31 Contract Documents are not obtainable within the time required for 32 timely completion; provided that such materials or articles were 33 listed by the Contractor in the schedule required by Section 2.17 - 34 CONTRACTOR'S CONSTRUCTION SCHEDULE; that the 35 Contractor demonstrates that the unavailability of the materials is 36 in fact the cause for the delay, and could not have been avoided 37 by an appropriate adjustment in the Construction Schedule; and 38 that the unavailability of such materials is due to circumstances 39 beyond the Contractor's control. If good cause for delay is 40 demonstrated pursuant to this subsection, the Owner, at its sole 41 discretion, may grant a time extension. 42 43 b. Force Majeure. That delays in construction have resulted from 44 circumstances beyond the control of the Contractor and which the 45 Contractor could not have provided against by the exercise of 46 reasonable care, prudence, foresight, and diligence. Unavoidable 47 delays within the meaning of this subparagraph shall be those 48 caused by acts of God, war, insurrection, civil disorder, fire, floods, 49 epidemic, or strikes. 50 Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-50 JOB ORDER CONTRACTS 22-J-04 1 C. Unseasonable Weather. An extension of Work Order Completion 2 Time may be granted due to weather which is unsuitable for the 3 Work currently in progress, upon the determination of the Owner 4 that the weather conditions in fact caused the delay in completion 5 of a Project and that such weather conditions were not, and could 6 not in the exercise of reasonable diligence, have been foreseen by 7 the Contractor. Seasonable weather that, in the exercise of 8 reasonable foresight and diligence, should be expected in the area 9 at the time of year in question is not cause for an extension of time. 10 11 d. Time Extensions Due to Supplemental Work Orders or Work 12 Authorizations. A time extension may be granted due to additional 13 work that results in a delay in a Project caused by the approval by 14 the Owner of a Supplemental Work Order or Work Authorization. 15 The Contractor shall be entitled to a Work Order Completion Time 16 extension Supplemental Work Order only when the extra Work is 17 demonstrated by the Contractor to have caused a delay in a 18 Project. 19 20 e. Owner Caused Delays. In the event that a Project is delayed by 21 acts of the Owner not authorized by the Contract Documents which 22 the Contractor demonstrates will or have caused an unavoidable 23 delay, the Contractor shall be entitled to a Work Order Completion 24 Time Supplemental Work Order to offset the extra time incurred by 25 the Contractor. The Contractor will not be entitled to adjustments 26 in the Work Order Price. Extra time shall be limited to that which 27 is directly identified as critical by the delay. 28 29 4. The Contractor specifically agrees that a time extension as provided 30 herein is its sole remedy for Owner-caused delays, and agrees to make 31 no claim or demand for additional damages, nor claim an acceleration of 32 the time for performance. 33 34 5. The Contractor shall not be entitled to any Work Order Completion Time 35 extension nor Work Order Price adjustment for alleged Owner delays if the 36 Owner has acted within the time limits specified by the Contract 37 Documents. 38 39 D. NOTICE OF DELAYS 40 41 1. Contractor shall notify the Project Manager promptly whenever the 42 Contractor foresees any event or circumstance that may delay the 43 prosecution of the Work and in Contractor's opinion may provide grounds 44 for an extension, and shall in any event notify the Project Manager 45 immediately upon the occurrence of any such delay. The Contractor shall 46 take immediate steps to prevent, if possible, the occurrence or 47 continuance of the delay. If this cannot be done, the Project Manager shall 48 determine how long the delay shall continue and to what extent the 49 prosecution and completion of the Work are being delayed thereby. Such 50 notification shall specify with detail the cause asserted by the Contractor 51 to constitute grounds for an extension. Failure of the Contractor to submit Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-51 JOB ORDER CONTRACTS 22-J-04 1 such a notice within ten (10) days after the initial occurrence of the event- 2 giving rise to the delay shall constitute a waiver by the Contractor of any 3 request for a time extension, and no extension shall be granted as a 4 consequence of such delay. 5 6 2. If the Contractor believes that the delay in prosecution in the Work will 7 result in an unavoidable delay in completion of the entire Project, the 8 Contractor shall submit evidence to support that belief, together with its 9 request for a time extension. Such evidence shall include a demonstration 10 that the delayed portion of the Work will affect the Critical Path Scheduling 11 of the entire Project. The Contractor shall also submit a proposed revised 12 Construction Schedule, which accounts for the delay in completion of the 13 entire Project caused by the delay in prosecution of part of the Project, and 14 includes a revised Critical Path demonstrating how the Project will be 15 completed within the proposed revised Work Order Completion Time. 16 17 E. INVESTIGATION; PROCEDURE. 18 19 1. Upon receipt of a request for Time extension, the Project Manager shall 20 conduct an investigation of the facts asserted by the Contractor to 21 constitute grounds for an extension. The results of this investigation shall 22 be reported by the Project Manager to the Contractor and shall indicate 23 whether he/she will recommend for or against such extension to the 24 Owner. The performance of this investigation by the Project Manager shall 25 not be construed as direction or recommendation to the Contractor 26 regarding scheduling of the work. Scheduling this work is the sole 27 responsibility of the Contractor. 28 29 2. The Project Manager may, in his/her sole discretion, defer this 30 recommendation to allow the accumulation of time extensions due to Work 31 Authorizations into a periodic or final Supplemental Work Order request. 32 33 3. Upon receiving the Project Manager's recommendation to the Owner 34 regarding the Contractor's request for a time extension, the Contractor 35 may either withdraw its application for extension or request that it be 36 scheduled for action by the Owner. If the Owner disallows the request, 37 there shall be no allowance made for the time during which the request 38 was pending, and the Contractor shall remain obligated to complete the 39 Work in the time specified. 40 41 4. If the Owner approves the time extension Supplemental Work Order, the 42 new Construction Schedule submitted by the Contractor and approved by 43 the Owner shall be deemed to amend the original Construction Schedule 44 approved by the Owner; thereafter, the amended Construction Schedule 45 shall have the same force and effect as the originally approved Progress 46 Schedule. 47 48 5. The revised Construction Schedule must be submitted within seven (7) 49 calendar days of the date in which the Owner approves the change. 50 Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-52 JOB ORDER CONTRACTS 22-J-04 1 6. The Contractor agrees that the Owner's determination as to the existence 2 of grounds for an extension and, the duration of any such extension, shall 3 be final and binding upon both Owner and Contractor. 4 5 F. DISCRETIONARY TIME EXTENSION FOR BEST INTEREST OF OWNER 6 7 1. The Owner reserves the right to extend the Work Order Completion Time 8 for completion of the Work if the Director of Public Works and Planning or 9 designee determines that such extension is in the best interest of the 10 Owner. 11 12 2. In the event that such discretionary extension is made at the request of 13 the Contractor, the Owner shall have the right to charge to the Contractor 14 all or any part, as the Board may deem proper, of the actual cost to the 15 Owner for engineering, inspection, supervision, contract administration, 16 incidental and other overhead expenses that accrue during period of such 17 extension, and to deduct all or any portion of such amounts from the final 18 payment for the Work Order. 19 20 3. In the event such extension is ordered over the objection of the Contractor, 21 the Contractor shall be entitled to a Supplemental Work Order adjusting 22 the price paid to reflect the actual costs incurred by the Contractor as a 23 direct and proximate result of the delay, upon his/her written application 24 therefor, accompanied by such verification of costs as the Project Manager 25 requires. Only additional direct costs incurred at the site will be 26 reimbursable by Supplemental Work Order. 27 28 G. LIQUIDATED DAMAGES 29 30 1. If the Work is not completed by Contractor in the time specified in the Work 31 Order or within any period of extension authorized pursuant to this Article, 32 the Contractor acknowledges and admits that the Owner will suffer 33 damage, and that it is impracticable and infeasible to fix the amount of 34 actual damages. Therefore, it is agreed by and between the Contractor 35 and the Owner that the Contractor shall pay to the Owner as fixed and 36 liquidated damages, and not as a penalty, the sum specified in Section 37 005213, Agreement, Article III for each calendar day of delay until the 38 Work is completed and accepted, and that both the Contractor and the 39 Contractor's surety shall be liable for the total amount thereof, and that the 40 Owner may deduct said sums from any monies due or that may become 41 due to the Contractor. 42 43 2. This liquidated damages provision shall apply to all delays of any nature 44 whatsoever, save and except only unavoidable delays approved by the 45 Owner pursuant to the provisions of Article 2.38.C.2 hereinabove, or 46 discretionary time extensions approved by the Board of Supervisors 47 pursuant to the provisions of Article 2.38.F hereinabove. 48 49 H. EXTENSION OF TIME NOT A WAIVER. 50 Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-53 JOB ORDER CONTRACTS 22-J-04 1 1. Any extension of a Work Order Completion Time granted pursuant to this 2 Article shall not constitute a waiver by the Owner, nor a release of the 3 Contractor, from his/her obligations to perform a Work Order within the 4 allotted Work Order Completion Time. 5 6 2. Granting of a time extension due to one (1) circumstance on one (1) 7 request therefore shall not constitute a granting by the Owner of an 8 extension of time for any other circumstance or the same circumstance 9 occurring at some other time, and shall not be interpreted as a precedent 10 for any other request for extension. 11 12 13 2.39 PROTECTION OF PERSONS AND PROPERTY 14 15 A. SAFETY PRECAUTIONS AND PROGRAMS 16 17 The Contractor shall be responsible for initiating, maintaining and supervising all 18 safety precautions and programs in connection with the Work. 19 20 B. SAFETY OF PERSONS AND PROPERTY 21 22 The Contractor shall take all reasonable precautions for the safety of, and shall 23 provide all reasonable protection to prevent damage, injury or loss to: 24 25 1. All employees on the Work and all other persons who may be affected 26 thereby; 27 28 2. All the work and all materials and equipment to be incorporated therein, 29 whether in storage or off the site, and that is under the care, custody or 30 control of the Contractor or any of the Contractor's Subcontractors or Sub- 31 subcontractors; 32 33 3. Other property at the site or adjacent thereto, including trees, shrubs, 34 lawns, walks, pavements, roadways, structures and utilities not 35 designated for removal, relocation or replacement in the course of 36 construction; and 37 38 4. The work of the Owner or other separate contractors. 39 40 C. The Contractor shall give all notices and comply with all applicable laws, 41 ordinances, rules, regulations and lawful orders of any public authority bearing on 42 the safety of persons or property or their protection from damage, injury or loss. 43 44 D. The Contractor shall erect and maintain, as required by existing conditions and 45 the progress of the Work, all reasonable safeguards for safety and protection, 46 including posting danger signs and other warnings against hazards, promulgating 47 safety regulations and notifying owners and users of adjacent facilities. 48 49 E. When the use or storage of explosives or other hazardous materials or equipment 50 is necessary for the execution of the Work, the Contractor shall exercise the Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-54 JOB ORDER CONTRACTS 22-J-04 1 utmost care and shall carry on such activities under the supervision of properly 2 qualified personnel. 3 4 F. The Contractor shall promptly remedy all damage or loss to any property referred 5 to above caused in whole or in part by the Contractor, any Subcontractor, any 6 Sub-subcontractor, anyone directly or indirectly employed by any of them, or any 7 one for whose acts any of them may be liable, and for which the Contractor is 8 responsible under the above noted clauses, except damage or loss attributable 9 solely to the acts or omissions of the Owner, the Project Manager, or anyone 10 directly or indirectly employed by any of them, or by anyone for whose acts any 11 of them may be liable, and not attributable in any degree to the fault or negligence 12 of the Contractor. The foregoing obligations of the Contractor are in addition to 13 the Contractor's obligations under the Indemnification provisions provided herein. 14 15 G. The Contractor shall designate a responsible member of the Contractor's 16 organization at the site whose duty shall be the prevention of accidents. This 17 person shall be the Contractor's superintendent unless otherwise designated by 18 the Contractor in writing to the Owner and the Project Manager. 19 20 H. The Contractor shall not load or permit any part of the Work to be loaded 21 in a manner that could endanger its safety or pose a risk to anyone working at 22 the Project site. 23 24 I. EMERGENCIES 25 In any emergency affecting the safety of persons or property the Contractor shall 26 act, at the Contractor's discretion, to prevent threatened damage, injury or loss. 27 Any additional compensation or extension of time claimed by the Contractor on 28 account of emergency work shall be determined as provided in the provisions 29 herein for Changes in the Work. 30 31 32 2.40 INSURANCE 33 34 A. CONTRACTOR'S INSURANCE 35 36 1. Bidders' attention is directed to the insurance requirements below. It is 37 highly recommended that Bidders confer with their respective insurance 38 carriers or brokers to determine in advance of bid submission the 39 availability of the insurance certificates and endorsements required below. 40 A bidder who is awarded a contract and thereafter fails to comply strictly 41 with the insurance requirements, will be deemed to be in default of its 42 obligations. 43 44 2. Contractor shall procure, and maintain for the duration of the Contract, and 45 for 3 years thereafter, insurance against claims for injuries to persons or 46 damage to property which may arise from or in connection with the 47 performance of the work hereunder by the Contractor, his/her agents, 48 representatives, employees or Subcontractors. The cost of such 49 insurance shall be included in the Contractor's bid. 50 Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-55 JOB ORDER CONTRACTS 22-J-04 1 3. No later than ten (10) calendar days following the Award of the Contract, 2 and prior to execution of the Agreement for Construction by the Owner, 3 the Contractor shall submit certificates of insurance, signed by an 4 authorized agent of the insurer, attesting to insurance coverage of the 5 Contractor as required by this Article. 6 7 B. MINIMUM SCOPE OF INSURANCE. 8 9 Coverage shall be at least as broad as: 10 11 1. Insurance Services Office Commercial General Liability coverage 12 ("occurrence" form C00001). 13 14 2. Insurance Services Office Business Auto Coverage form number CA 0001 15 0187 covering Automobile Liability, code 1 "any auto". 16 17 3. Workers' Compensation insurance as required by the Labor Code of the 18 State of California and Employers Liability insurance. 19 20 21 C. MINIMUM LIMITS OF INSURANCE. 22 23 Contractor shall maintain limits no less than: 24 25 1. General Liability: One million dollars ($1,000,000.00)combined single limit 26 per occurrence for bodily injury, personal injury and property damage. If 27 Commercial General Liability Insurance or other form with a general 28 aggregate limit is used, either the general aggregate limit shall apply 29 separately to this project/location or the general aggregate limit shall be 30 three times the required occurrence limit. 31 32 2. Automobile Liability: One million dollars ($1,000,000.00) combined single 33 limit per accident for bodily injury and property damage. 34 35 3. Workers' Compensation and Employers Liability: Workers' compensation 36 limits as required by the Labor Code of the State of California and 37 Employers Liability limits of one million dollars ($1,000,000.00) per 38 accident. 39 40 D. DEDUCTIBLES AND SELF-INSURED RETENTIONS. 41 42 Any deductibles or self-insured retentions must be declared to and approved by 43 the Owner. If approved at the option of the Owner, either: the insurer shall reduce 44 or eliminate such deductibles or self-insured retentions as respects the Owner, its 45 officers, officials, employees and volunteers; or the Contractor shall procure a 46 bond guaranteeing payment of losses and related investigations, claim 47 administration and defense expense. 48 49 E. OTHER INSURANCE PROVISIONS. 50 51 The policies are to contain, or be endorsed to contain, the following provisions: Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-56 JOB ORDER CONTRACTS 22-J-04 1 2 1. Fire Insurance / Builders Risk Insurance. 3 4 a. At the Owner's option, the Contractor shall secure "All Risk" type 5 Builder's Risk Insurance for the Work to be performed pursuant to 6 this Agreement for an individual Work Order. The policy shall cover 7 not less than losses due to fire, explosion, vehicle damage, theft, 8 flood, earthquake and civil commotion with no coinsurance penalty 9 provision. 10 11 b. The Contractor shall obtain and keep in force insurance against 12 loss or damage by fire and the customary extended perils including 13 windstorm, hail, explosion, aircraft, vehicle, smoke, riot, and civil 14 commotion, vandalism, sprinkler leakage (including earthquake) 15 as covered under the standard forms of California Standard Fire 16 Insurance Policy for school projects or Factory Insurance 17 Association and/or Factory Mutual Insurance Company for projects 18 other than schools. The policy shall cover the entire structure on 19 which the work of this contract is to be done, up to the full insurable 20 value thereof, including items of labor and materials connected 21 therewith on the site, materials in place or to be used as part of the 22 permanent construction including materials stored and partially 23 paid for by the Owner as provided in Division 01 — General 24 Requirements, surplus materials, shanties, protective fences, 25 bridges, or temporary structures, miscellaneous materials and 26 supplies incident to the work, and such scaffolding, staging, 27 towers, forms and equipment as are not owned or rented by the 28 Contractor, the cost of which is included in the cost of the work. 29 EXCLUDED: This insurance does not cover any tools owned by 30 mechanics, any tools, equipment, scaffolding, staging, towers, and 31 forms owned or rented by the Contractor, the capital value of which 32 is not included in the cost of the Work, or any structures erected 33 for the Contractor's administration of the Project. The loss, if any, 34 is to be adjustable with and payable to the Owner as trustee for the 35 insured as their interests may appear, except in such cases as may 36 require payment of all or a proportion of said insurance to be made 37 to a mortgagee or trustee as its interest may appear. 38 39 C. The Owner shall be named as insured jointly with the Contractor 40 and other proper parties, all as their respective interests may 41 appear. All subcontractors shall be insured to the extent of their 42 portion of the work under the Contractor. The Owner, Contractor 43 and all subcontractors waive all rights, each against the others, for 44 damages caused by fire or other perils covered provided under the 45 terms of this article, except such rights as they may have to the 46 proceeds of the insurance held by the party obtaining and 47 maintaining the insurance policy in force who acts as trustee of 48 said policy. Certificates of such insurance shall be filed with the 49 Owner. If the Contractor fails to effect or maintain insurance as 50 above and so notifies the Owner, the Owner may insure his own 51 interest and charge the cost thereof to the Contractor. Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-57 JOB ORDER CONTRACTS 22-J-04 1 2 d. In the event of a partial or total destruction by the perils insured 3 against, of any or all of the work and/or materials herein provided 4 for, at any time prior to the final completion of the Contract and the 5 final acceptance by the Owner of the Work or materials to be 6 performed or supplied thereunder, the Contractor shall promptly 7 reconstruct, repair, replace, or restore all work or materials so 8 destroyed or injured at his sole cost and expense. Nothing herein 9 provided for shall in any way excuse the Contractor or his surety 10 from the obligation of furnishing all the required materials and 11 completing the work in full compliance with the terms of the 12 Contract. 13 14 2. Commercial General Liability and Automobile Liability Coverages. 15 16 a. The Contractor shall secure Commercial General Liability 17 Insurance with limits of not less than One Million Dollars 18 ($1,000,000.00) per occurrence and an annual aggregate of Three 19 Million Dollars ($3,000,000.00). This policy shall be issued on a per 20 occurrence basis. The Owner may require specific coverage 21 including completed operations, product liability, contractual 22 liability, XCU, fire legal liability or any other liability insurance 23 deemed necessary because of the nature of the contract. The 24 Owner, its officers, officials, employees, agents, including 25 Consulting Engineers while performing contract administration 26 services, and volunteers are to be covered as insured as respects 27 all of the following: liability arising out of activities performed by or 28 on behalf of the Contractor, including the insured's general 29 supervision of the Contractor; products and completed operations 30 of the Contractor; premises owned, occupied or used by the 31 Contractor; or automobiles owned, leased, hired or borrowed by or 32 on behalf of the Contractor. The coverage shall contain no special 33 limitations on the scope of protection afforded to the Owner, its 34 officers, officials, employees or volunteers. 35 36 b. The Contractor's insurance coverage shall be primary insurance 37 as respects the owner, its officers, officials, employees, agents, 38 Consulting Engineers, and volunteers. Any insurance or self- 39 insurance maintained by the Owner, its officers, officials, 40 Employees, agents, Consulting Engineers, or volunteers shall be 41 in excess of the Contractor's insurance and shall not contribute 42 with it. 43 44 C. Any failure to comply with reporting provisions of the policies shall 45 not affect Coverage provided to the Owner, its officers, officials, 46 employees, agents, Engineers, Consulting Engineers, or 47 volunteers. 48 49 d. The Contractor's insurance shall apply separately to each insured 50 against whom claim is made or suit is brought, except with respect 51 to the limits of the insurer's liability. Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-58 JOB ORDER CONTRACTS 22-J-04 1 2 e. Such Commercial General Liability insurance shall name the 3 County of Fresno, its officers, agents, and employees, individually 4 and collectively, as additional insured, but only insofar as the 5 operations under this Agreement are concerned. Such coverage 6 for additional insured shall apply as primary insurance and any 7 other insurance, or self-insurance, maintained by Owner, its 8 officers, agents and employees shall be excess only and not 9 contributing with insurance provided under Contractor's policies 10 herein. This insurance shall not be cancelled or changed without 11 a minimum of thirty (30) days advance written notice given to 12 Owner. Contractor shall obtain endorsements to the Commercial 13 General Liability insurance policy naming Owner as an additional 14 insured and providing for a thirty (30) day prior written notice of 15 cancellation or change in terms or coverage 16 17 f. Comprehensive Automobile Liability Insurance with limits of not 18 less than One Million Dollars ($1,000,000) per accident for bodily 19 injury and property damage. Coverage should include owned and 20 non-owned vehicles used in connection with this Agreement and 21 all applicable endorsements. 22 23 3. Professional Liability Coverage. 24 25 If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., 26 L.C.S.W., M.F.C.C.) in providing services, the Contractor shall secure 27 Professional Liability Insurance with limits of not less than one million 28 dollars ($1,000,000.00) per occurrence, and three million dollars 29 ($3,000,000.00) annual aggregate, with a provision for three (3) year tail 30 coverage. 31 32 4. Worker's Compensation and Employers Liability Coverage. 33 34 The Contractor shall obtain a policy of Worker's Compensation insurance 35 in accordance with applicable provisions of the California Labor Code. 36 The insurer shall agree to waive all rights of subrogation against the 37 Owner, its officers, officials, employees and volunteers for losses arising 38 from work performed by the Contractor for the Owner. Contractor shall 39 supply the Owner with certificates of insurance in triplicate, evidencing that 40 Workers Compensation Insurance is in effect and providing that the Owner 41 will receive 30 days' notice of cancellation. If Contractor self-insures 42 Workers Compensation, Certificate of Consent to Self-Insure shall be 43 provided to the Owner. 44 45 5. All Coverages. 46 47 Prior to the commencement of performing its obligations under this 48 Agreement, Contractor shall provide certificates of insurance and upon 49 request from Owner, formal endorsements for the foregoing policies, as 50 required herein, to the Owner, listing the name and address of the official 51 who will administer this contract, and stating that such insurance coverage Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-59 JOB ORDER CONTRACTS 22-J-04 1 have been obtained and are in full force; that the County of Fresno, its 2 officers, agents and employees will not be responsible for any premiums 3 on the policies; that such Commercial General Liability insurance names 4 the County of Fresno, its officers, agents and employees, individually and 5 collectively, as additional insured, but only insofar as the operations under 6 this Agreement are concerned; that such coverage for additional insured 7 shall apply as primary insurance and any other insurance, or 8 self-insurance, maintained by Owner, its officers, agents and employees, 9 shall be excess only and not contributing with insurance provided under 10 Contractor's policies herein; and each insurance policy required by this 11 Section 2.40 shall be endorsed to state that coverage shall not be 12 suspended, voided, canceled by either party, reduced in coverage or in 13 limits except after thirty (30) days' prior written notice has been given to 14 the Owner. 15 16 F. ACCEPTABILITY OF INSURERS 17 18 Contractor shall obtain the policies and coverages specified herein from an 19 admitted insurer in good standing with and authorized to transact business in this 20 state by the California Department of Insurance, and having a Best's rating of 21 no less than A FSC Vill. 22 23 G. VERIFICATION OF COVERAGE 24 25 Contractor shall furnish the Owner with certificates of effecting coverage required 26 by this clause. The certificates for each insurance policy are to be signed by a 27 person authorized by that insurer to bind coverage on its behalf. All certificates 28 are to be received and approved by the owner before work commences. The 29 Owner reserves the right to require complete, certified copies of all required 30 insurance policies, at any time. In the event Contractor fails to keep in effect at all 31 times insurance coverage as herein provided, the Owner may, in addition to other 32 remedies it may have, suspend or terminate this Agreement upon the occurrence 33 of such event. The Certificate of Insurance shall be issued in triplicate, and 34 provided to the Owner within ten (10) days of award, and also shall be provided 35 to all other participating agencies who contribute to the cost of the work or have 36 jurisdiction over areas in which the work is to be performed and all officers and 37 employees of said agencies while acting within the course and scope of their 38 duties and responsibilities. 39 40 H. SUBCONTRACTORS 41 42 Contractor shall include all Subcontractors as insured under its policies or shall 43 furnish separate certificates and endorsements for each Subcontractor. All 44 coverages for Subcontractors shall be subject to all of the requirements stated 45 herein. 46 47 48 2.41 UNCOVERING WORK 49 50 A. This Section shall apply to any Work installed and covered up by the Contractor 51 that is required by the Building Code or other statutory or regulatory Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-60 JOB ORDER CONTRACTS 22-J-04 1 requirement to undergo inspection or special inspection and/or testing approval 2 by an appropriate official representing the Owner or other public authority 3 having jurisdiction to conduct such inspection and/or testing or by any 4 requirements specifically expressed in the Contract Documents. Work covered 5 up by the Contractor, Contractor's Subcontractor's or Suppliers prior to 6 inspection/special inspection and/or testing approval shall be uncovered and 7 repaired or replaced after inspection approval at the sole expense of the 8 Contractor. This shall apply to all labor and material needed to complete both 9 physical and cosmetic repairs, and any additional inspection costs associated 10 with restoring the Work. 11 12 B. This Section also shall apply to any Work installed and covered up by the 13 Contractor, Contractor's Subcontractor's or Suppliers that is determined by the 14 Owner or its Project Manager, during construction or within the Warranty period, 15 to be defective, broken or inoperative. Work covered up by the Contractor, 16 Contractor's Subcontractor's or Suppliers that is found to be defective, broken or 17 inoperative shall be uncovered and repaired or replaced at the sole expense of 18 the Contractor. This shall apply to all labor and material needed to complete both 19 physical and cosmetic repairs, and any additional inspection costs associated with 20 restoring the Work. 21 22 23 2.42 CORRECTION OF WORK 24 25 A. The Contractor shall promptly correct all Work rejected by the Project Manager as 26 defective or as failing to conform to the Contract Documents, whether or not 27 fabricated, installed or completed. The Contractor shall submit a plan of action, 28 within twenty-four (24) hours of notification of the rejected work by the Project 29 Manager, for correcting the rejected work. The Contractor shall bear all costs of 30 correcting such rejected Work, including compensation for the Engineer's and 31 Architect's additional services made necessary thereby. 32 33 B. If, within one (1) year after the date of acceptance of the Work as specified in the 34 Notice of Completion, or designated portion thereof, or within one (1) year after 35 acceptance by the Owner of designated equipment, or within such longer period 36 of time as may be prescribed by the terms of any applicable special warranty 37 required by the Contract Documents, any of the Work is found by Owner to be 38 defective or not in accordance with the Contract Documents, the Contractor shall 39 correct it promptly after receipt of a written notice from the Owner to do so, unless 40 the Owner has previously given the Contractor a written acceptance of such 41 condition. This obligation shall survive both final payment for the Work or 42 designated portion thereof and termination of the Contract. The Owner shall give 43 such notice promptly after discovery of the condition. 44 45 C. The Contractor shall, at his/her sole expense, remove from the site all portions of 46 the Work that are defective or nonconforming and which have not been corrected 47 under Articles 2.32, 2.42.A, and 2.42.B, unless the Owner waives removal. 48 49 D. If the Contractor fails to submit a plan of action, within twenty-four (24) hours of 50 notification of the rejected work by the Project Manager, for correcting the rejected 51 work, or fails to correct defective or nonconforming Work as provided herein in Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-61 JOB ORDER CONTRACTS 22-J-04 1 Articles 2.32, 2.42.A, and 2.42.B, the Owner may correct it in accordance with 2 Article 2.08.C. 3 4 E. If the Contractor does not take action under the plan to initiate such correction of 5 such defective or nonconforming Work within ten (10) days of written notice from 6 the Project Manager, the Owner may remove it and may store the materials or 7 equipment at the expense of the Contractor. If the Contractor does not pay the 8 cost of such removal and storage within ten (10) days thereafter, the Owner may, 9 upon ten (10)additional days'written notice, sell such Work at auction or at private 10 sale and shall account for the proceeds thereof, after deducting all the costs that 11 should have been borne by the Contractor, including compensation for the Project 12 Manager, Architect, or other Professional's additional services made necessary 13 thereby. If such proceeds of sale do not cover all costs that the Contractor should 14 have borne, the difference shall be charged to the Contractor and an appropriate 15 Supplemental Work Order shall be issued. If the payments then or thereafter due 16 the Contractor are not sufficient to cover such amount, the Contractor shall pay 17 the difference to the Owner. 18 19 F. The Contractor shall bear the cost of making good all work of the Owner or 20 separate contractors destroyed or damaged by such correction or removal. 21 22 G. Nothing contained in this Section 2.42 shall be construed to establish a period of 23 limitation with respect to any other obligation which the Contractor might have 24 under the Contract Documents, including Section 2.32 hereof. The establishment 25 of the time periods noted in this Section 2.42, or such longer period of time as 26 may be prescribed by law or by the terms of any warranty required by the Contract 27 Documents, relates only to the specific obligation of the Contractor to correct the 28 defective or nonconforming Work, and has no relationship to the time within which 29 the Contractor's obligation to comply with the Contract Documents may be sought 30 to be enforced, nor to the time within which proceedings may be commenced to 31 establish the Contractor's liability with respect to the Contractor's obligations other 32 than specifically to correct the defective or nonconforming Work. 33 34 35 2.43 ACCEPTANCE OF DEFECTIVE OR NONCONFORMING WORK 36 37 If the Owner prefers to accept defective or nonconforming Work, the Owner may do so 38 instead of requiring its removal and correction, in which case a Supplemental Work Order 39 will be issued to reflect a reduction in the Work Order Price where appropriate and 40 equitable. Such adjustment shall be effected whether or not final payment has been 41 made. Project Manager shall determine the amount of reduction in the Work Order Price. 42 43 44 2.44 TERMINATION BY THE OWNER 45 46 A. If the Contractor is adjudged bankrupt, or makes a general assignment for the 47 benefit of creditors, or if a receiver is appointed on account of the Contractor's 48 insolvency, or stop notices are served upon the Owner, or if the Contractor 49 persistently or repeatedly refuses or fails, except in cases for which extension of 50 time is provided, to supply enough properly skilled workers or proper materials, or 51 fails to make prompt payment to Subcontractors or for materials or labor, or Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-62 JOB ORDER CONTRACTS 22-J-04 1 persistently disregards applicable laws, ordinances, rules, regulations or orders 2 of any public authority having jurisdiction, or otherwise is guilty of a substantial 3 violation of a provision of the Contract Documents, and fails after written notice to 4 commence and continue correction of such default, neglect or violation with 5 diligence and promptness, the Owner upon certification by the Project Manager 6 that sufficient cause exists to justify such action, may, after an additional written 7 notice and without prejudice to any other remedy the Owner may have, terminate 8 the Contract and take possession of all materials, equipment, tools, construction 9 equipment and machinery thereon owned by the Contractor and may finish the 10 Work by whatever methods the Owner may deem expedient. In such case the 11 Contractor shall not be entitled to receive any further payment until the Work is 12 finished. 13 14 B. If the unpaid balance of the Work Order Price exceeds the costs of finishing the 15 Work, including compensation for the Project Manager's and Architect's additional 16 services made necessary thereby, Contractor will only be paid for his/her actual 17 unpaid costs from such excess. If such costs exceed the unpaid balance, the 18 contractor shall pay the difference to the Owner. The amount to be paid to the 19 Contractor or to the Owner, as the case may be, shall be certified by the Project 20 Manager, upon application, in the manner provided in Section 2.24 and this 21 obligation for payment shall survive the termination of the Contract. 22 23 24 2.45 SUBSTITUTION OF MATERIALS 25 26 A. When a specific manufacturer, trade name or material is specified, or indicated, it 27 is to establish a standard of quality and shall not be construed as limiting 28 competition. The intent of the Contract Documents is to specify high-grade 29 standard material and equipment, and it is not the intent of these Contract 30 Documents to exclude or omit the products of any responsible manufacturer, if 31 such products are equally acceptable in terms of quality, finish, performance, 32 durability, and serviceability, in the judgment of the Owner and the Architect, to 33 those specified herein. Wherever an article, or any class of materials, is specified 34 by the trade name or by the name of any particular patentee, manufacturer or 35 dealer, it shall be taken as intending to mean and specify the article of material 36 described or any other equal thereto in quality, finish, performance, durability, and 37 serviceability, in the judgment of the Owner and the Architect, for the purpose for 38 which it is or they are intended. 39 40 B. If the Contractor desires to use material or equipment other than that specified, 41 he/she shall submit a request for approval of such substitution, in writing, to the 42 Project Manager by no later than 10 days prior to bid opening. Substitution 43 requests will not be considered if received after the time stipulated. 44 45 C. The Owner does not guarantee that alternative articles, components, materials or 46 equipment other than the item specified by trade name or other specific 47 identification, will fit within the design parameters of the project without alteration 48 of the project design by the Contractor. 49 50 D. The Owner has the right to reject any proposed alternative material which requires 51 alteration of the project design which impacts the safety of the public or the user Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-63 JOB ORDER CONTRACTS 22-J-04 1 of a completed facility. If the proposed alternative material requires alteration of 2 the design of the Project or any aspect thereof and said alterations are acceptable 3 to the Owner, the Contractor shall be responsible for performing said alterations 4 at no additional cost to the Owner. 5 6 E. Submittals for approval of substitute materials shall contain sufficient detailed 7 information, descriptive brochures, drawings, samples or other data as is 8 necessary to provide a detailed side-by-side comparison to the specified 9 materials. It is the sole responsibility of the Contractor to submit complete 10 descriptive and technical information so the Project Manager can make proper 11 appraisal. Lack of either proper or sufficient information shall constitute cause for 12 rejection. Reference to product data will not be acceptable. 13 14 F. It is the Contractor's responsibility to confirm and correlate all quantities and 15 dimensions and coordinate with all trades whose work may be affected by the 16 requested substitution. 17 18 19 2.46 REFERENCE TO STANDARDS 20 21 A. Reference to known standards shall mean and intend the latest edition or 22 amendment published prior to date of these Specifications, unless specifically 23 indicated otherwise, and to such portions of it that relate and apply directly to the 24 material or installation called for on the Project. 25 26 B. Where material is specified solely by reference to standard specifications, the 27 Contractor shall, if requested by the Project Manager, submit to the Project 28 Manager for his/her approval, data on all such material proposed to be 29 incorporated into the Work of the Contractor, listing the name and address of the 30 vendor, the manufacturer or producer, and the trade or brand names of such 31 materials. 32 33 34 2.47 SPECIFICATIONS 35 36 A. The Specifications are organized into Divisions, Sections, and Trade headings 37 based on the Construction Specifications Institute's Master format and the Master 38 format numbering system. This organization shall not control the Contractor in 39 dividing the Work among Subcontractors or in establishing the extent of the Work 40 to be performed by any trade. The Contractor shall be responsible for examining 41 all Sections of the Specifications for inter-related items of the Work, and for 42 furnishing each item identified or specified. 43 44 B. No responsibility will be assumed by the Owner, Architect or the Project Manager 45 for omissions or duplications by the Contractor in the completion of the Contract 46 due to any alleged discrepancy in the arrangement of the material in these 47 Specifications, nor shall any such segregation of work and materials operate to 48 make the Project Manager an arbiter in defining the limits to the agreements 49 between the Contractor and his/her Subcontractors or suppliers. 50 Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-64 JOB ORDER CONTRACTS 22-J-04 1 C. The misplacement, addition or omission of any letter, word or punctuation mark 2 shall in no way damage the true spirit, intent or meaning of these Specifications. 3 4 D. The words "shown", "indicated", "noted", "scheduled" or words of that effect shall 5 be understood to mean that reference is made to Drawings accompanying these 6 Specifications. 7 8 E. Where reference herein is made to colors or finishes "as selected", the reference 9 is to the Architect with concurrence by the Owner. 10 11 12 2.48 APPROVED APPLICATORS 13 14 A. Where specific instructions in these Specifications require that a particular product 15 and/or materials be installed and/or applied by an "approved applicator" of the 16 manufacturer, it shall be the Contractor's responsibility to insure that any 17 Subcontractors used for such work be approved applicators. 18 19 B. Contractor accordingly shall bear any and all costs, and shall reimburse Owner 20 for any such costs incurred by Owner, resulting from Contractor's failure to insure 21 the use of an "approved applicator". 22 23 24 2.49 DELIVERY AND STORAGE OF MATERIALS 25 26 A. Deliver all manufactured materials in the original packages, containers or bundles 27 (with the seals intact), bearing the name or identification mark of all 28 manufacturers. 29 30 B. Deliver fabrications in as large assemblies as practicable and where specified to 31 be shop-primed or shop-finished; they shall be packaged or crated as required to 32 preserve such priming or finish intact and free from abrasion. 33 34 C. Store all materials in such manner as necessary to properly protect same from 35 damage, as materials or equipment damaged by handling, weather, dirt or from 36 any other cause will not be acceptable. 37 38 D. Store materials so as to cause no obstructions (i.e. stored off all sidewalks and 39 other walkways, roadways, and underground services). The Contractor shall be 40 responsible for protecting from damage all material and equipment furnished 41 under the Contract. 42 43 44 2.50 QUALITY OF WORK 45 46 A. Where not more specifically described in any of the various Sections of these 47 Specifications, the quality of work shall conform to all of the methods and 48 operations of best standards and accepted practices of the trade or trades 49 involved, and shall include all items of fabrication, construction, or installation 50 regularly furnished or required for completion of the work (including any finish), Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-65 JOB ORDER CONTRACTS 22-J-04 1 and for successful operation as intended of the project and the component thereof 2 corresponding to that work. 3 4 B. All Work shall be executed by mechanics skilled in their respective lines of work. 5 6 C. When completed, all parts shall have been durably and substantially built and 7 shall present a neat, finished appearance. 8 9 10 2.51 HOURS OF WORK 11 12 A. Eight (8) hours of labor shall constitute a legal day's work upon all work done 13 hereunder, and it is expressly stipulated that no worker employed at any time by 14 the Contractor, or by a Subcontractor under this Contract, upon the Work, shall 15 be required or permitted to work thereon more than eight (8) hours in any one (1) 16 calendar day and forty (40) hours in any one (1) calendar week, except as 17 provided in Sections 1810-1815 inclusive, of the Labor Code of the State of 18 California, all the provisions of which are deemed to be incorporated herein as if 19 set forth in full; and it is further expressly stipulated that for each and every 20 violation of said last named stipulation, said Contractor shall forfeit, as a penalty 21 to the Owner, fifty dollars ($50.00)for each worker employed by the Contractor in 22 the execution of this Contract, for each calendar day during which said worker is 23 required or permitted to labor more than eight (8) hours in any one (1) calendar 24 day and forty (40) hours in any one (1) calendar week in violation of any of said 25 provisions of the Labor Code. 26 27 B. Notwithstanding the above stipulations, pursuant to Section 1815 of the Labor 28 Code, work performed by employees of contractors in excess of eight (8) hours 29 per day and forty (40) hours during any one (1) week shall be permitted on the 30 Project upon compensation for all hours worked in excess of eight (8) hours per 31 day at not less than one and a half(1 1/2) times the basic rate of pay. 32 33 34 2.52 WAGE RATES 35 36 A. All projects under this Contract shall be subject to compliance monitoring and 37 enforcement by the Department of Industrial Relations (DIR), including the 38 obligation to submit certified payroll records directly to the DIR Compliance 39 Monitoring Unit (CMU) at least monthly using the CMU's eCPR system. Detailed 40 information may be obtained on the State of California's Department of Industrial 41 Relations website, www.dir.ca.gov/dlse/cmu/CMU. 42 43 The Contractor shall also submit certified payroll records of the Contractor, 44 Subcontractors and all Sub-subcontractors of any tier to the Project Manager at 45 least monthly. 46 47 B. Contractor shall, and shall cause each of its Subcontractors (as defined in Labor 48 Code section 1722.1) to provide written proof that they are currently registered 49 with the California Department of Industrial Relations at the time of bid submittal, 50 and have paid the applicable annual fee and are thereby qualified to submit a bid 51 and to perform public work pursuant to Labor Code section 1725.5, prior to award Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-66 JOB ORDER CONTRACTS 22-J-04 1 of this Contract or any subcontract hereunder. No bid shall be accepted, nor shall 2 this Contract or any subcontract hereunder, be entered into without such proof. 3 4 C. Pursuant to Section 1770-1780 of the Labor Code of the State of California, the 5 Director of the Department of Industrial Relations has determined the general 6 prevailing rates of wages and rates for legal holidays and overtime in the locality 7 in which this work is to be performed, which under Labor Code Section 1773.1 8 are deemed to include employer payments for health and welfare, pension, 9 vacation, travel time and subsistence pay, and apprenticeship or other authorized 10 training programs, for each craft or type of worker or mechanic needed to perform 11 this contract. Said wage rates are available only at the Fresno County Department 12 of Public Works and Planning, Design Division, and will be made available to any 13 interested person upon request. Minimum wage rates for this Project, as 14 predetermined by the Secretary of Labor, are set forth in the Special Provisions. 15 If there is a difference between the minimum wage rates predetermined by the 16 Secretary of Labor and the Prevailing Wage Rates predetermined by the Director 17 of the Department of Industrial Relations of the State of California for similar 18 classifications of labor, the contractor and his subcontractors shall pay not less 19 than the higher wage rate. 20 21 D. It shall be mandatory upon the Contractor to whom the Contract is awarded, and 22 upon any Subcontractor under him/her to pay not less than the said specified rates 23 to all laborers, workers, and mechanics employed by them in the execution of the 24 Contract, and to pay all laborers, workers and mechanics not less often than once 25 weekly. The Contractor to whom the Contract is awarded shall post a copy of the 26 determination of prevailing wages at the job site. The Contractor shall require all 27 Subcontractors to comply with Sections 1770-1780 of the Labor Code of the State 28 of California and shall insert into every subcontract the requirements contained 29 therein. 30 31 E. The Contractor shall comply with Labor Code Section 1775. In accordance with 32 said Section 1775, it is hereby further agreed that the Contractor shall forfeit to 33 the Owner, as a penalty, fifty dollars ($50.00) for each laborer, worker, or 34 mechanic employed for each calendar day or portion thereof, who is paid less 35 than the said stipulated rates for any work done under the Contract, by him/her or 36 by any Subcontractor under him/her. The difference between said stipulated rates 37 and the amount paid to each worker for each calendar day or portion thereof for 38 which each worker was paid less than said stipulated rate shall be paid to each 39 worker by the Contractor. The Contractor, and each Subcontractor, shall keep or 40 cause to be kept an accurate record showing the name, address, social security 41 number, work classification, straight time and overtime hours worked each day 42 and week, and the actual per diem wages paid to each journeyman, apprentice, 43 worker or other employee employed by him/her or her in connection with the public 44 work. The records shall be open at all reasonable hours to the inspection of the 45 Owner, to its officers and agents, and to the Division of Labor Law Enforcement 46 of the State Department of Industrial Relations, its deputies and agents, or as 47 otherwise provided by applicable law (including but not limited to Labor Code 48 1776). 49 50 F. In case it becomes necessary for the Contractor or any Subcontractor to employ 51 on the Work under this Contract any person in a trade or occupation (except Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-67 JOB ORDER CONTRACTS 22-J-04 1 executive, supervisory, administrative, clerical or other non-manual workers as 2 such) for which no minimum wage rate is specified, the Contractor shall 3 immediately notify the Owner who shall promptly thereafter determine the 4 prevailing rate for such additional trade or occupation from the time of the initial 5 employment of the person affected and during the continuance of such 6 employment. 7 8 9 2.53 APPLICATION OF HIGHEST STANDARDS AND REQUIREMENTS 10 11 Whenever two (2)or more standards or requirements appear in these General Conditions 12 or in any other part of the Contract Documents that form the Contract, the highest 13 standard or requirement shall be applied and followed in the performance under this 14 Contract. 15 16 17 2.54 NONDISCRIMINATION IN EMPLOYMENT 18 19 Contractor shall comply with all Federal and State Laws prohibiting discrimination in 20 employment, including the following: 21 22 A. California Fair Labor Code Section 1735, which prohibits discrimination in 23 employment on any basis listed in subdivision (a) of Section 12940 of the 24 Government Code, as those bases are defined in Sections 12926 and 12926.1 of 25 the Government Code, except as otherwise provided in Section 12940 of the 26 Government Code, and applies to all employers, employment agencies and labor 27 organizations. 28 29 B. Title VII of the Federal 1964 Civil Rights Act (42 U.S.C. Section 30 2000e - 2000e - 17) which prohibits employment discrimination on the basis of 31 race, color, sex, religion, or national origin, and applies to all employers that 32 employ at least fifteen (15) workers during each working day in each of twenty 33 (20) or more calendar weeks in the current or preceding year. 34 35 C. In addition to these two (2) laws of general application listed in the immediately 36 preceding paragraphs A and B, there are other Federal and State laws that 37 prohibit employment discrimination in particular cases. 38 39 D. The Owner is an Affirmative Action Employer and expects all of its contractors 40 and suppliers to familiarize themselves with, and comply with, all applicable laws 41 relating to employment discrimination. 42 43 E. To the extent required by law, the Contractor shall meet all requirements of law 44 relating to the participation of minority, women, and disabled veteran business 45 enterprise contracting goals, and shall comply with Public Contract Code 10115 46 et seq. and all applicable regulations. Contractor further agrees that, when 47 required, Contractor shall ensure compliance by all Subcontractors and shall 48 complete all forms required by all agencies exercising jurisdiction over the project. 49 50 51 2.55 APPRENTICES Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-68 JOB ORDER CONTRACTS 22-J-04 1 2 A. Pursuant to Sections 1770-1780 of the Labor Code of the State of California, the 3 Director of the Department of Industrial Relations has determined the general 4 prevailing rate of wages in the locality for each craft or type of worker needed to 5 execute the work. Said wage rates pursuant to Section 1773.2 of the Labor Code 6 are on file with the Clerk to the Fresno County Board of Supervisors, and will be 7 made available to any interested person on request. A copy of this wage scale 8 may also be obtained at the following Web Site: www.dir.ca.g,ov/dlsr. 9 10 B. Pursuant to Section 1775 of the Labor Code of the State of California, nothing in 11 this Article shall prevent the employment of properly registered apprentices upon 12 public works. Every such apprentice shall be paid the standard wage paid to 13 apprentices under the regulations of the craft or trade at which he/she is 14 employed, and shall be employed only at the work of the craft or trade to which 15 he/she is registered. 16 17 C. Only apprentices, as defined in Section 3077, who are in training under 18 apprenticeship standards and written apprentice agreements under Chapter 4 19 (commencing at Section 3070), Division 3, of the Labor Code, are eligible to be 20 employed on public works. The employment and training of each apprentice shall 21 be in accordance with the provisions of the apprenticeship standards and 22 apprentice agreements under which he/she is training. 23 24 25 2.56 PROVISIONS REQUIRED BY LAW DEEMED INSERTED 26 27 Every provision of law and clause required by law to be inserted in this contract shall be 28 deemed to be inserted, and this contract shall be read and enforced as though it were 29 included, and if through mistake or otherwise any provision is not inserted or is not 30 correctly inserted, upon application of either party the contract shall be amended to make 31 the insertion or correction. 32 33 34 2.57 DRUG FREE WORKPLACE CERTIFICATION 35 36 A. The Contractor shall comply with Government Code Section 8355 in matters 37 relating to providing a drug-free workplace. 38 39 B. The Contractor shall publish a statement notifying employees that unlawful 40 manufacture, distribution, dispensation, possession, or use of controlled 41 substance is prohibited and specifying actions to be taken against employees for 42 violations, as required by Government Code Section 8355(a). 43 44 C. The Contractor shall establish a Drug-Free Awareness Program as required by 45 Government Code 8355(a)(2), to inform employees about all of the following: 46 47 1. The dangers of drug abuse in the workplace, 48 49 2. The Contractor's policy for maintaining a drug-free workplace, 50 Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-69 JOB ORDER CONTRACTS 22-J-04 1 3. Any available counseling, rehabilitation and employee assistance 2 programs, 3 4 4. Penalties that may be imposed upon employees for drug abuse violations. 5 6 D. Provide as required by Government Code 8355(c), that everyone who provides 7 work under the Agreement. 8 9 1. Will receive a copy of the company's drug-free policy statement, and 10 11 2. Will agree to abide by the terms of the Contractor's statement as a 12 condition of employment on the contract. 13 14 15 2.58 BUILDING PERMIT AND OTHER PERMITS 16 17 The Building permit shall be obtained and paid for by the Owner. All other required 18 permits are the responsibility of the Contractor to obtain. Fees for all other required 19 permits shall be reimbursed to the Contractor at actual cost when the County is presented 20 with a valid receipt. 21 22 23 2.59 CODES AND REGULATIONS 24 25 All work, materials and equipment shall be in full compliance with the California Building 26 Code; California Plumbing Code; California Electrical Code; California Mechanical Code; 27 California Fire Code; California Energy Code; as those codes may be amended from time 28 to time; Cal/OSHA Safety Regulations; all Federal, State and Local laws, ordinances, 29 regulations and Fresno County Charter provisions in effect and applicable in the 30 performance of the work. 31 32 33 2.60 JOB ORDER CONTRACTING SOFTWARE AND LICENSE 34 35 A. Job Order Contracting Software: 36 37 The County of Fresno (County) selected The Gordian Group's (Gordian) Job 38 Order Contracting (JOC) system for the execution of the JOC program. The 39 Gordian JOC system includes Gordian's proprietary eGordian® and Gordian 40 Cloud JOC Applications and Construction Task Catalog®, which shall be used by 41 the Contractor to prepare and submit Job Order Proposals, subcontractor lists, 42 and other requirements specified in the general conditions and as may be 43 requested by the County. The Contractor shall be required to execute Gordian's 44 JOC System License and User Agreement, and shall pay a 1% JOC System 45 License Fee on all work awarded to the JOC contractor by the County for access 46 to the Gordian JOC System. 47 48 49 END OF SECTION Contract No.: #22-J-02 General Conditions GENERAL BUILDING 22-J-03 00 72 00-70 JOB ORDER CONTRACTS 22-J-04 Federal Requirements Project: Job Order Contract General Engineering Contract Numbers: 22-24-J, 22-25-J, 22-26-J FEMA CONTRACT PROVISIONS The Contract may be funded in part by the federal grant funding received by the COUNTY from the Federal Emergency Management Agency ("FEMA"), which is part of the United States Department of Homeland Security ("DHS"). Therefore, CONTRACTOR must comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to, the contractual provision set forth in Title 2 of the Code of Federal Regulations, Part 200, in connection with the CONTRACTOR's performance of the work or services covered by the Contract (the "Project"). All such federal laws and regulations shall be deemed to be inserted in the Contract and the Contract shall be read and enforced as though such federal laws and regulations were included therein. In addition, the CONTRACTOR agrees to the following specific provisions: Equal Employment OpportunitV During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 1 of 5 FEMA CONTRACT PROVISIONS (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part Il, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. Copeland Anti-Kickback Act (1) The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. Each 2 of 5 FEMA CONTRACT PROVISIONS contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. (2) The contractor or subcontractor shall insert in any subcontracts the above clause in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor or subcontractor as provided in 29 CFR 5.12. Contract Work Hours and Safety Standards Act (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County of Fresno shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any moneys 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 (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1)through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. Clean Air Act and the Federal Water Pollution Control Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., and the 3 of 5 FEMA CONTRACT PROVISIONS Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti-Lobbying Amendment Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. Procurement of Recovered Materials (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: i. Competitively within a timeframe providing for compliance with the contract performance schedule; ii. Meeting contract performance requirements; or 4 of 5 FEMA CONTRACT PROVISIONS iii. At a reasonable price. (2) Information about this requirement, along with the list of EPA- designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpq-program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Access to Records (1) The Contractor agrees to provide the County of Fresno, the California Office of Emergency Services, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the County of Fresno and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Department of Homeland Security (DHS) Seal, Logo, and Flags The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 5 of 5 FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS General The work will be financed in whole or in part with Federal funds, and therefore all of the Federal statutes, rules, regulations, and provisions applicable to work financed in whole or in part with Federal funds will apply. In addition to the provisions in the Agreement, the Contractor shall comply with the following: Performance Of Previous Contracts 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 agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non-collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28, USC, Sec. 1746, is included in the proposal. Executive Order N-6-22 Under Executive Order N-6-22 as a contractor, subcontractor, or grantee, compliance with the economic sanctions imposed in response to Russia's actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial- sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable. Specially Designated Nationals and Blocked Persons List(SDN) https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and- blocked-persons-list-sdn-human-readable-lists Disadvantaged Business Enterprise Running Tally of Attainments After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 101" of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to business.support.unit(cDdot.ca.gov with a copy to the Agency. Federal Requirements 1 Exhibit A SELF-DEALING TRANSACTION DISCLOSURE FORM (1) Company Board Member Information: Name: Date: Job Title: (2) Company/Agency Name and Address: (3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to) (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a) (5) Authorized Signature Signature: Date: SELF-DEALING TRANSACTION DISCLOSURE FORM INSTRUCTIONS In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must disclose any self- dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below: "A self-dealing transaction means a transaction to which the corporation is a party and which one or more of its directors has a material financial interest" The definition above will be utilized for purposes of completing the disclosure form. (1) Enter board member's name, job title (if applicable), and date this disclosure is being made. (2) Enter the board member's company/agency name and address. (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following: a. The name of the agency/company with which the corporation has the transaction; and b. The nature of the material financial interest in the Corporation's transaction that the board member has. (4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Codes. (5) Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4). Exhibit B Minimum Federal Wage Rates Determination "General Decision Number: CA20230018 04/07/2023 Superseded General Decision Number: CA20220018 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and Tuolumne Counties in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). JIf the contract is entered Executive Order 14026 linto on or after January 30, generally applies to the 12022, or the contract is contract. renewed or extended (e.g., an The contractor must pay loption is exercised) on or all covered workers at after January 30, 2022: least $16.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2023. JIf the contract was awarded onl . Executive Order 13658 for between January 1, 2015 andl generally applies to the January 29, 2022, and the contract. contract is not renewed or The contractor must pay alll lextended on or after January covered workers at least 1 130, 2022: 1 $12.15 per hour (or the applicable wage rate listed) on this wage determination, 1 if it is higher) for all hours spent performing on that contract in 2023. 1 1 1 1 The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2023 1 01/13/2023 2 01/20/2023 3 02/10/2023 4 02/24/2023 5 03/03/2023 6 03/10/2023 7 03/17/2023 8 03/31/2023 9 04/07/2023 ASBE0016-004 01/01/2021 AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS & TOULMNE COUNTIES AREA 2: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) Area 1. . . . . . . . . . . . . . . . . . . . . .$ 30.45 10.60 Area 2. . . . . . . . . . . . . . . . . . . . . .$ 36.53 9.27 ---------------------------------------------------------------- ASBE0016-008 02/01/2023 AREA 1: ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA, & SANTA CRUZ AREA 2: CALAVERAS, COLUSA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS, & TUOLUMNE Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, Protective Coverings, Coatings, and Finishes to all types of mechanical systems) Area 1. . . . . . . . . . . . . . . . . . . . . .$ 80.91 23.82 Area 2. . . . . . . . . . . . . . . . . . . . . .$ 62.26 23.82 ---------------------------------------------------------------- BOIL0549-001 01/01/2021 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES AREA 2: REMAINING COUNTIES Rates Fringes BOILERMAKER Area 1. . . . . . . . . . . . . . . . . . . . . .$ 49.62 41.27 Area 2. . . . . . . . . . . . . . . . . . . . . .$ 45.60 38.99 ---------------------------------------------------------------- BRCA0003-001 08/01/2022 Rates Fringes MARBLE FINISHER. . . . . . . . . . . . . . . . . .$ 39.20 18.31 ---------------------------------------------------------------- BRCA0003-003 08/01/2022 Rates Fringes MARBLE MASON. . . . . . . . . . . . . . . . . . . . .$ 56.98 28.54 ---------------------------------------------------------------- BRCA0003-005 05/01/2022 Rates Fringes BRICKLAYER ( 1) Fresno, Kings, Madera, Mariposa, Merced. . . .$ 47.88 23.29 ( 7) San Francisco, San Mateo. . . . . . . . . . . . . . . . . . . . . . .$ 53.69 26.03 ( 8) Alameda, Contra Costa, San Benito, Santa Clara. . . . . . . . . . . . . . . . . . . . . . .$ 53.61 23.81 ( 9) Calaveras, San Joaquin, Stanislaus, Toulumne. . . . . . . . . . . . . . . . . . . .$ 45.12 21.55 (16) Monterey, Santa Cruz. . .$ 50.78 25.42 ---------------------------------------------------------------- BRCA0003-008 07/01/2022 Rates Fringes TERRAZZO FINISHER. . . . . . . . . . . . . . . .$ 41.93 18.98 TERRAZZO WORKER/SETTER. . . . . . . . . . .$ 56.84 27.53 ---------------------------------------------------------------- BRCA0003-011 04/01/2022 AREA 1: Alameda, Contra Costa, Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne AREA 3: Fresno, Kings, Madera, Mariposa, Merced Rates Fringes TILE FINISHER Area 1. . . . . . . . . . . . . . . . . . . . . .$ 33.86 17.54 Area 2. . . . . . . . . . . . . . . . . . . . . .$ 30.90 17.67 Area 3. . . . . . . . . . . . . . . . . . . . . .$ 29.89 16.80 Tile Layer Area 1. . . . . . . . . . . . . . . . . . . . . .$ 55.41 20.50 Area 2. . . . . . . . . . . . . . . . . . . . . .$ 50.66 20.40 Area 3. . . . . . . . . . . . . . . . . . . . . .$ 45.76 19.92 ---------------------------------------------------------------- CARP0022-001 07/01/2021 San Francisco County Rates Fringes Carpenters Bridge Builder/Highway Carpenter. . . . . . . . . . . . . . . . . . .$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer. . . . . . . . . . . . . . . . . . . . . . .$ 55.00 31.49 Journeyman Carpenter. . . . . . . .$ 54.85 31.49 Millwright. . . . . . . . . . . . . . . . . .$ 54.95 33.08 ---------------------------------------------------------------- CARP0034-001 07/01/2021 Rates Fringes Diver Assistant Tender, ROV Tender/Technician. . . . . . . . . . .$ 54.10 34.69 Diver standby. . . . . . . . . . . . . . .$ 60.51 34.69 Diver Tender. . . . . . . . . . . . . . . .$ 59.51 34.69 Diver wet. . . . . . . . . . . . . . . . . . .$ 103.62 34.69 Manifold Operator (mixed gas). . . . . . . . . . . . . . . . . . . . . . . .$ 64.51 34.69 Manifold Operator (Standby).$ 59.51 34.69 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 221 ft.-deeper $5.00 per foot SATURATION DIVING: The standby rate shall apply until saturation starts. The saturation diving rate applies when divers are under pressure continuously until work task and decompression are complete. The diver rate shall be paid for all saturation hours. DIVING IN ENCLOSURES: Where it is necessary for Divers to enter pipes or tunnels, or other enclosures where there is no vertical ascent, the following premium shall be paid: Distance traveled from entrance 26 feet to 300 feet: $1.00 per foot. When it is necessary for a diver to enter any pipe, tunnel or other enclosure less than 48"" in height, the premium will be $1.00 per foot. WORK IN COMBINATION OF CLASSIFICATIONS: Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift. ---------------------------------------------------------------- CARP0034-003 07/01/2021 Rates Fringes Piledriver. . . . . . . . . . . . . . . . . . . . . . .$ 54.10 34.69 ---------------------------------------------------------------- CARP0035-007 07/01/2020 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 Modular Furniture Installer Area 1 Installer. . . . . . . . . . . . . . . . . .$ 28.76 22.53 Lead Installer. . . . . . . . . . . . .$ 32.21 23.03 Master Installer. . . . . . . . . . .$ 36.43 23.03 Area 2 Installer. . . . . . . . . . . . . . . . . .$ 26.11 22.53 Lead Installer. . . . . . . . . . . . .$ 29.08 23.03 Master Installer. . . . . . . . . . .$ 32.71 23.03 Area 3 Installer. . . . . . . . . . . . . . . . . .$ 25.16 22.53 Lead Installer. . . . . . . . . . . . .$ 27.96 23.03 Master Installer. . . . . . . . . . .$ 31.38 23.03 ---------------------------------------------------------------- CARP0035-008 08/01/2020 AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties AREA 2: Monterey, San Benito, Santa Cruz Counties AREA 3: San Joaquin AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Stanislaus, Tuolumne Counties Rates Fringes Drywall Installers/Lathers: Area 1. . . . . . . . . . . . . . . . . . . . . .$ 52.65 31.26 Area 2. . . . . . . . . . . . . . . . . . . . . .$ 46.77 31.26 Area 3. . . . . . . . . . . . . . . . . . . . . .$ 47.27 31.26 Area 4. . . . . . . . . . . . . . . . . . . . . .$ 45.92 31.26 Drywall Stocker/Scrapper Area 1. . . . . . . . . . . . . . . . . . . . . .$ 26.33 18.22 Area 2. . . . . . . . . . . . . . . . . . . . . .$ 23.39 18.22 Area 3. . . . . . . . . . . . . . . . . . . . . .$ 23.64 18.22 Area 4. . . . . . . . . . . . . . . . . . . . . .$ 22.97 18.22 ---------------------------------------------------------------- CARP0152-001 07/01/2020 Contra Costa County Rates Fringes Carpenters Bridge Builder/Highway Carpenter. . . . . . . . . . . . . . . . . . .$ 52.65 30.82 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer. . . . . . . . . . . . . . . . . . . . . . .$ 52.80 30.82 Journeyman Carpenter. . . . . . . .$ 52.65 30.82 Millwright. . . . . . . . . . . . . . . . . .$ 52.75 32.41 ---------------------------------------------------------------- CARP0152-002 07/01/2020 San Joaquin County Rates Fringes Carpenters Bridge Builder/Highway Carpenter. . . . . . . . . . . . . . . . . . .$ 52.65 30.82 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer. . . . . . . . . . . . . . . . . . . . . . .$ 46.92 30.82 Journeyman Carpenter. . . . . . . .$ 46.77 30.82 Millwright. . . . . . . . . . . . . . . . . .$ 49.27 32.41 ---------------------------------------------------------------- CARP0152-004 07/01/2020 Calaveras, Mariposa, Merced, Stanislaus and Tuolumne Counties Rates Fringes Carpenters Bridge Builder/Highway Carpenter. . . . . . . . . . . . . . . . . . .$ 52.65 30.82 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer. . . . . . . . . . . . . . . . . . . . . . .$ 45.57 30.82 Journeyman Carpenter. . . . . . . .$ 45.42 30.82 Millwright. . . . . . . . . . . . . . . . . .$ 47.92 32.41 ---------------------------------------------------------------- CARP0217-001 07/01/2021 San Mateo County Rates Fringes Carpenters Bridge Builder/Highway Carpenter. . . . . . . . . . . . . . . . . . .$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer. . . . . . . . . . . . . . . . . . . . . . .$ 55.00 31.49 Journeyman Carpenter. . . . . . . .$ 54.85 31.49 Millwright. . . . . . . . . . . . . . . . . .$ 54.95 33.08 ---------------------------------------------------------------- CARP0405-001 07/01/2021 Santa Clara County Rates Fringes Carpenters Bridge Builder/Highway Carpenter. . . . . . . . . . . . . . . . . . .$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer. . . . . . . . . . . . . . . . . . . . . . .$ 55.00 31.49 Journeyman Carpenter. . . . . . . .$ 54.85 31.49 Millwright. . . . . . . . . . . . . . . . . .$ 54.95 33.08 ---------------------------------------------------------------- CARP0405-002 07/01/2021 San Benito County Rates Fringes Carpenters Bridge Builder/Highway Carpenter. . . . . . . . . . . . . . . . . . .$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer. . . . . . . . . . . . . . . . . . . . . . .$ 49.12 31.49 Journeyman Carpenter. . . . . . . .$ 48.97 31.49 Millwright. . . . . . . . . . . . . . . . . .$ 51.47 33.08 ---------------------------------------------------------------- CARP0505-001 07/01/2021 Santa Cruz County Rates Fringes Carpenters Bridge Builder/Highway Carpenter. . . . . . . . . . . . . . . . . . .$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer. . . . . . . . . . . . . . . . . . . . . . .$ 49.12 31.49 Journeyman Carpenter. . . . . . . .$ 48.97 31.49 Millwright. . . . . . . . . . . . . . . . . .$ 51.47 33.08 ---------------------------------------------------------------- CARP0605-001 07/01/2021 Monterey County Rates Fringes Carpenters Bridge Builder/Highway Carpenter. . . . . . . . . . . . . . . . . . .$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer. . . . . . . . . . . . . . . . . . . . . . .$ 49.12 31.49 Journeyman Carpenter. . . . . . . .$ 48.97 31.49 Millwright. . . . . . . . . . . . . . . . . .$ 51.47 33.08 ---------------------------------------------------------------- CARP0701-001 07/01/2021 Fresno and Madera Counties Rates Fringes Carpenters Bridge Builder/Highway Carpenter. . . . . . . . . . . . . . . . . . .$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer. . . . . . . . . . . . . . . . . . . . . . .$ 47.77 31.49 Journeyman Carpenter. . . . . . . .$ 47.62 31.49 Millwright. . . . . . . . . . . . . . . . . .$ 50.12 33.08 ---------------------------------------------------------------- CARP0713-001 07/01/2021 Alameda County Rates Fringes Carpenters Bridge Builder/Highway Carpenter. . . . . . . . . . . . . . . . . . .$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer. . . . . . . . . . . . . . . . . . . . . . .$ 55.00 31.49 Journeyman Carpenter. . . . . . . .$ 54.85 31.49 Millwright. . . . . . . . . . . . . . . . . .$ 54.95 33.08 ---------------------------------------------------------------- CARP1109-001 07/01/2021 Kings County Rates Fringes Carpenters Bridge Builder/Highway Carpenter. . . . . . . . . . . . . . . . . . .$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer. . . . . . . . . . . . . . . . . . . . . . .$ 47.77 31.49 Journeyman Carpenter. . . . . . . .$ 47.62 31.49 Millwright. . . . . . . . . . . . . . . . . .$ 50.12 33.08 ---------------------------------------------------------------- ELEC0006-004 12/01/2021 SAN FRANCISCO COUNTY Rates Fringes Sound & Communications Installer. . . . . . . . . . . . . . . . . . .$ 48.43 3%+23.15 Technician. . . . . . . . . . . . . . . . . .$ 55.69 3%+23.15 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0006-007 01/01/2023 SAN FRANCISCO COUNTY Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 84.50 3%+40.315 ---------------------------------------------------------------- ELEC0100-002 03/01/2023 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 43.50 27.655 ---------------------------------------------------------------- ELECO100-005 12/01/2022 FRESNO, KINGS, MADERA Rates Fringes Communications System Installer. . . . . . . . . . . . . . . . . . .$ 38.24 23.80 Technician. . . . . . . . . . . . . . . . . .$ 47.80 24.08 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 D. SECURITY SYSTEMS Perimeter security systems Vibration sensor systems Card access systems Access control systems, Sonar/infrared monitoring equipment E. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE INFORMATION AND/OR CONTROL SYSTEMS THAT ARE INTRINSIC TO THE ABOVE LISTED SYSTEMS SCADA (Supervisory Control and Data Acquisition) PCM (Pulse Code Modulation) Inventory Control Systems, Digital Data Systems Broadband and Baseband and Carriers Point of Sale Systems, VSAT Data Systems Data Communication Systems RF and Remote Control Systems, Fiber Optic Data Systems WORK EXCLUDED Raceway systems are not covered (excluding Ladder-Rack for the purpose of the above listed systems). Chases and/or nipples (not to exceed 10 feet) may be installed on open wiring systems. Energy management systems. SCADA (Supervisory Control and Data Acquisition) when not intrinsic to the above listed systems (in the scope). Fire alarm systems when installed in raceways (including wire and cable pulling) shall be performed at the electrician wage rate, when either of the following two (2) conditions apply: 1. The project involves new or major remodel building trades construction. 2. The conductors for the fire alarm system are installed in conduit. ---------------------------------------------------------------- ELECO234-001 12/26/2022 MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES Rates Fringes ELECTRICIAN Zone A. . . . . . . . . . . . . . . . . . . . . .$ 60.91 29.43 Zone B. . . . . . . . . . . . . . . . . . . . . .$ 67.00 29.61 Zone A: All of Santa Cruz, Monterey, and San Benito Counties within 25 air miles of Highway 1 and Dolan Road in Moss Landing, and an area extending 5 miles east and west of Highway 101 South to the San Luis Obispo County Line Zone B: Any area outside of Zone A ---------------------------------------------------------------- ELECO234-003 12/01/2021 MONTEREY, SAN BENITO, AND SANTA CRUZ COUNTIES Rates Fringes Sound & Communications Installer. . . . . . . . . . . . . . . . . . .$ 47.93 24.09 Technician. . . . . . . . . . . . . . . . . .$ 55.12 24.30 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0302-001 02/27/2023 CONTRA COSTA COUNTY Rates Fringes CABLE SPLICER. . . . . . . . . . . . . . . . . . . .$ 68.92 32.67 ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 61.26 32.44 ---------------------------------------------------------------- ELEC0302-003 12/01/2022 CONTRA COSTA COUNTY Rates Fringes Sound & Communications Installer. . . . . . . . . . . . . . . . . . .$ 46.64 25.30 Technician. . . . . . . . . . . . . . . . . .$ 53.64 25.51 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0332-001 06/01/2022 SANTA CLARA COUNTY Rates Fringes CABLE SPLICER. . . . . . . . . . . . . . . . . . . .$ 92.20 42.316 ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 80.17 41.955 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. ---------------------------------------------------------------- ELEC0332-003 12/01/2022 SANTA CLARA COUNTY Rates Fringes Sound & Communications Installer. . . . . . . . . . . . . . . . . . .$ 51.18 25.435 Technician. . . . . . . . . . . . . . . . . .$ 58.86 25.666 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0595-001 06/01/2021 ALAMEDA COUNTY Rates Fringes CABLE SPLICER. . . . . . . . . . . . . . . . . . . .$ 72.80 3%+39.94 ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 63.30 3%+39.94 ---------------------------------------------------------------- ELEC0595-002 12/01/2022 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes CABLE SPLICER. . . . . . . . . . . . . . . . . . . .$ 53.34 7.75%+25.88 ELECTRICIAN (1) Tunnel work. . . . . . . . . . . . .$ 46.67 7.75%+25.88 (2) All other work. . . . . . . . .$ 44.45 7.75%+25.88 ---------------------------------------------------------------- ELECO595-006 12/01/2022 ALAMEDA COUNTY Rates Fringes Sound & Communications Installer. . . . . . . . . . . . . . . . . . .$ 51.18 3%+23.90 Technician. . . . . . . . . . . . . . . . . .$ 58.86 3%+23.90 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0595-008 12/01/2022 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes Communications System Installer. . . . . . . . . . . . . . . . . . .$ 40.88 3%+23.90 Technician. . . . . . . . . . . . . . . . . .$ 47.01 3%+23.90 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0617-001 06/01/2022 SAN MATEO COUNTY Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 74.00 43.76 ---------------------------------------------------------------- ELEC0617-003 12/01/2022 SAN MATEO COUNTY Rates Fringes Sound & Communications Installer. . . . . . . . . . . . . . . . . . .$ 51.18 25.44 Technician. . . . . . . . . . . . . . . . . .$ 58.86 25.67 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0684-001 06/01/2022 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 44.25 3%+26.63 CABLE SPLICER = 110% of Journeyman Electrician ---------------------------------------------------------------- ELEC0684-004 12/01/2021 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES Rates Fringes Communications System Installer. . . . . . . . . . . . . . . . . . .$ 38.24 23.80 Technician. . . . . . . . . . . . . . . . . .$ 43.98 23.97 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC1245-001 06/01/2022 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer. .$ 64.40 22.58 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment). . . . . . . . . . . . .$ 50.00 21.30 (3) Groundman. . . . . . . . . . . . . . .$ 38.23 20.89 (4) Powderman. . . . . . . . . . . . . . .$ 51.87 18.79 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- ELEV0008-001 01/01/2023 Rates Fringes ELEVATOR MECHANIC. . . . . . . . . . . . . . . .$ 77.61 37.335+a+b FOOTNOTE: a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------- ENGIO003-001 06/28/2021 ""AREA 1"" WAGE RATES ARE LISTED BELOW ""AREA 2"" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1 RATES. SEE AREA DEFINITIONS BELOW Rates Fringes OPERATOR: Power Equipment (AREA 1:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 53.92 31.54 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 52.39 31.54 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 50.91 31.54 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 49.53 31.54 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 48.26 31.54 GROUP 6. . . . . . . . . . . . . . . . . . . . .$ 46.94 31.54 GROUP 7. . . . . . . . . . . . . . . . . . . . .$ 45.80 31.54 GROUP 8. . . . . . . . . . . . . . . . . . . . .$ 44.66 31.54 GROUP 8-A. . . . . . . . . . . . . . . . . . .$ 42.45 31.54 OPERATOR: Power Equipment (Cranes and Attachments - AREA 1:) GROUP 1 Cranes. . . . . . . . . . . . . . . . . . . . .$ 52.30 31.15 Oiler. . . . . . . . . . . . . . . . . . . . . .$ 43.79 31.15 Truck crane oiler. . . . . . . . . .$ 46.08 31.15 GROUP 2 Cranes. . . . . . . . . . . . . . . . . . . . .$ 50.54 31.15 Oiler. . . . . . . . . . . . . . . . . . . . . .$ 42.83 31.15 Truck crane oiler. . . . . . . . . .$ 45.07 31.15 GROUP 3 Cranes. . . . . . . . . . . . . . . . . . . . .$ 48.80 31.15 Hydraulic. . . . . . . . . . . . . . . . . .$ 44.44 31.15 Oiler. . . . . . . . . . . . . . . . . . . . . .$ 42.55 31.15 Truck crane oiler. . . . . . . . . .$ 44.83 31.15 GROUP 4 Cranes. . . . . . . . . . . . . . . . . . . . .$ 45.76 31.15 OPERATOR: Power Equipment (Piledriving - AREA 1:) GROUP 1 Lifting devices. . . . . . . . . . . .$ 52.64 31.15 Oiler. . . . . . . . . . . . . . . . . . . . . .$ 43.38 31.15 Truck Crane Oiler. . . . . . . . . .$ 45.66 31.15 GROUP 2 Lifting devices. . . . . . . . . . . .$ 50.82 31.15 Oiler. . . . . . . . . . . . . . . . . . . . . .$ 43.11 31.15 Truck Crane Oiler. . . . . . . . . .$ 45.41 31.15 GROUP 3 Lifting devices. . . . . . . . . . . .$ 49.14 31.15 Oiler. . . . . . . . . . . . . . . . . . . . . .$ 42.89 31.15 Truck Crane Oiler. . . . . . . . . .$ 45.12 31.15 GROUP 4 Lifting devices. . . . . . . . . . . .$ 47.37 31.15 GROUP 5 Lifting devices. . . . . . . . . . . .$ 44.73 31.15 GROUP 6 Lifting devices. . . . . . . . . . . .$ 42.50 31.15 OPERATOR: Power Equipment (Steel Erection - AREA 1:) GROUP 1 Cranes. . . . . . . . . . . . . . . . . . . . .$ 53.27 31.15 Oiler. . . . . . . . . . . . . . . . . . . . . .$ 43.72 31.15 Truck Crane Oiler. . . . . . . . . .$ 45.95 31.15 GROUP 2 Cranes. . . . . . . . . . . . . . . . . . . . .$ 51.50 31.15 Oiler. . . . . . . . . . . . . . . . . . . . . .$ 43.45 31.15 Truck Crane Oiler. . . . . . . . . .$ 45.73 31.15 GROUP 3 Cranes. . . . . . . . . . . . . . . . . . . . .$ 50.02 31.15 Hydraulic. . . . . . . . . . . . . . . . . .$ 45.07 31.15 Oiler. . . . . . . . . . . . . . . . . . . . . .$ 43.23 31.15 Truck Crane Oiler. . . . . . . . . .$ 45.46 31.15 GROUP 4 Cranes. . . . . . . . . . . . . . . . . . . . .$ 48.00 31.15 GROUP 5 Cranes. . . . . . . . . . . . . . . . . . . . .$ 46.70 31.15 OPERATOR: Power Equipment (Tunnel and Underground Work - AREA 1:) SHAFTS, STOPES, RAISES: GROUP 1. . . . . . . . . . . . . . . . . . . .$ 47.52 31.15 GROUP 1-A. . . . . . . . . . . . . . . . . .$ 49.99 31.15 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 46.26 31.15 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 44.93 31.15 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 43.79 31.15 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 42.65 31.15 UNDERGROUND: GROUP 1. . . . . . . . . . . . . . . . . . . .$ 47.42 31.15 GROUP 1-A. . . . . . . . . . . . . . . . . .$ 49.89 31.15 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 46.16 31.15 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 44.83 31.15 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 43.69 31.15 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 42.55 31.15 FOOTNOTE: Work suspended by ropes or cables, or work on a Yo-Yo Cat: $.60 per hour additional. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Operator of helicopter (when used in erection work); Hydraulic excavator, 7 cu. yds. and over; Power shovels, over 7 cu. yds. GROUP 2: Highline cableway; Hydraulic excavator, 3-1/2 cu. yds. up to 7 cu. yds.; Licensed construction work boat operator, on site; Power blade operator (finish); Power shovels, over 1 cu. yd. up to and including 7 cu. yds. m.r.c. GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine assistant to engineer or mechanic; Crane mounted continuous flight tie back machine, tonnage to apply; Crane mounted drill attachment, tonnage to apply; Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over; Long reach excavator; Multiple engine scraper (when used as push pull); Power shovels, up to and including 1 cu. yd.; Pre-stress wire wrapping machine; Side boom cat, 572 or larger; Track loader 4 cu. yds. and over; Wheel excavator (up to and including 750 cu. yds. per hour) GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to and including 3/4 cu. yd.; Concrete batch plant (wet or dry); Dozer and/or push cat; Pull- type elevating loader; Gradesetter, grade checker (GPS, mechanical or otherwise); Grooving and grinding machine; Heading shield operator; Heavy-duty drilling equipment, Hughes, LDH, Watson 3000 or similar; Heavy-duty repairperson and/or welder; Lime spreader; Loader under 4 cu. yds.; Lubrication and service engineer (mobile and grease rack); Mechanical finishers or spreader machine (asphalt, Barber-Greene and similar); Miller Formless M-9000 slope paver or similar; Portable crushing and screening plants; Power blade support; Roller operator, asphalt; Rubber-tired scraper, self-loading (paddle-wheels, etc.); Rubber- tired earthmoving equipment (scrapers); Slip form paver (concrete); Small tractor with drag; Soil stabilizer (P & H or equal); Spider plow and spider puller; Tubex pile rig; Unlicensed constuction work boat operator, on site; Timber skidder; Track loader up to 4 yds.; Tractor-drawn scraper; Tractor, compressor drill combination; Welder; Woods-Mixer (and other similar Pugmill equipment) GROUP 5: Cast-in-place pipe laying machine; Combination slusher and motor operator; Concrete conveyor or concrete pump, truck or equipment mounted; Concrete conveyor, building site; Concrete pump or pumperete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring machinery, horizontal (not to apply to waterliners, wagon drills or jackhammers); Concrete mixer/all; Person and/or material hoist; Mechanical finishers (concrete) (Clary, Johnson, Bidwell Bridge Deck or similar types); Mechanical burm, curb and/or curb and gutter machine, concrete or asphalt); Mine or shaft hoist; Portable crusher; Power jumbo operator (setting slip-forms, etc., in tunnels); Screed (automatic or manual); Self-propelled compactor with dozer; Tractor with boom D6 or smaller; Trenching machine, maximum digging capacity over 5 ft. depth; Vermeer T-600B rock cutter or similar GROUP 6: Armor-Coater (or similar); Ballast jack tamper; Boom- type backfilling machine; Assistant plant engineer; Bridge and/or gantry crane; Chemical grouting machine, truck-mounted; Chip spreading machine operator; Concrete saw (self-propelled unit on streets, highways, airports and canals); Deck engineer; Drilling equipment Texoma 600, Hughes 200 Series or similar up to and including 30 ft. m.r.c.; Drill doctor; Helicopter radio operator; Hydro-hammer or similar; Line master; Skidsteer loader, Bobcat larger than 743 series or similar (with attachments); Locomotive; Lull hi-lift or similar; Oiler, truck mounted equipment; Pavement breaker, truck-mounted, with compressor combination; Paving fabric installation and/or laying machine; Pipe bending machine (pipelines only); Pipe wrapping machine (tractor propelled and supported); Screed (except asphaltic concrete paving); Self- propelled pipeline wrapping machine; 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; Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r.c.; Firetender (hot plant); Grouting machine operator; Highline cableway signalperson; Stationary belt loader (Kolman or similar); Lift slab machine (Vagtborg and similar types); Maginnes internal full slab vibrator; Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor combination); Pipe cleaning machine (tractor propelled and supported); Post driver; Roller (except asphalt); Chip Seal; Self-propelled automatically applied concrete curing mahcine (on streets, highways, airports and canals); Self-propelled compactor (without dozer); Signalperson; Slip-form pumps (lifting device for concrete forms); Tie spacer; Tower mobile; Trenching machine, maximum digging capacity up to and including 5 ft. depth; Truck- type loader GROUP 8: Bit sharpener; Boiler tender; Box operator; Brakeperson; Combination mixer and compressor (shotcrete/gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator; Gunite/shotcrete equipment operator; Hydraulic monitor; Ken seal machine (or similar); Mixermobile; Oiler; Pump operator; Refrigeration plant; Reservoir-debris tug (self- propelled floating); Ross Carrier (construction site); Rotomist operator; Self-propelled tape machine; Shuttlecar; Self-propelled power sweeper operator (includes vacuum sweeper); Slusher operator; Surface heater; Switchperson; Tar pot firetender; Tugger hoist, single drum; Vacuum cooling plant; Welding machine (powered other than by electricity) GROUP 8-A: Elevator operator; Skidsteer loader-Bobcat 743 series or smaller, and similar (without attachments); Mini excavator under 25 H.P. (backhoe-trencher); Tub grinder wood chipper ---------------------------------------------------------- ALL CRANES AND ATTACHMENTS GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over 100 tons; Derrick, over 100 tons; Derrick barge pedestal-mounted, over 100 tons; Self-propelled boom-type lifting device, over 100 tons GROUP 2: Clamshell and dragline over 1 cu. yd. up to and including 7 cu. yds.; Crane, over 45 tons up to and including 100 tons; Derrick barge, 100 tons and under; Self-propelled boom-type lifting device, over 45 tons; Tower crane GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Cranes 45 tons and under; Self-propelled boom-type lifting device 45 tons and under; GROUP 4: 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; Truck-mounted rotating telescopic boom type lifting device, Manitex or similar (boom truck) - under 15 tons; ----------------------------------------------------------- PILEDRIVERS GROUP 1: Derrick barge pedestal mounted over 100 tons; Clamshell over 7 cu. yds.; Self-propelled boom-type lifting device over 100 tons; Truck crane or 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 GROUP 1: Crane over 100 tons; Derrick over 100 tons; Self- propelled boom-type lifting device over 100 tons GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100 tons; Self-propelled boom-type lifting device over 45 tons to 100 tons; Tower crane GROUP 3: Crane, 45 tons and under; Self-propelled boom-type lifting device, 45 tons and under GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty repair person/welder GROUP 5: Boom cat -------------------------------------------------------------- TUNNEL AND UNDERGROUND WORK GROUP 1-A: Tunnel bore machine operator, 20' diameter or more GROUP 1: Heading shield operator; Heavy-duty repairperson; Mucking machine (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator GROUP 2: Combination slusher and motor operator; Concrete pump or pumperete gun; Power jumbo operator GROUP 3: Drill doctor; Mine or shaft hoist GROUP 4: Combination slurry mixer cleaner; Grouting Machine operator; Motorman GROUP 5: Bit Sharpener; Brakeman; Combination mixer and compressor (gunite); Compressor operator; Oiler; Pump operator; Slusher operator ----------------------------------------------------------- AREA DESCRIPTIONS: POWER EQUIPMENT OPERATORS, CRANES AND ATTACHMENTS,TUNNEL AND UNDERGROUND [These areas do not apply to Piledrivers and Steel Erectors] AREA 1: ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, TUOLUMNE AREA 2 -NOTED BELOW THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW: CALAVERAS COUNTY: Area 1: Remainder Area 2: Eastern Part FRESNO COUNTY: Area 1: Remainder Area 2: Eastern Part MADERA COUNTY: Area 1: Remainder Area 2: Eastern Part MARIPOSA COUNTY: Area 1: Remainder Area 2: Eastern Part MONTEREY COUNTY: Area 1: Remainder Area 2: Southwestern part TUOLUMNE COUNTY: Area 1: Remainder Area 2: Eastern Part ---------------------------------------------------------------- ENGIO003-008 08/01/2022 Rates Fringes Dredging: (DREDGING: CLAMSHELL & DIPPER DREDGING; HYDRAULIC SUCTION DREDGING:) AREA 1: (1) Leverman. . . . . . . . . . . . . . .$ 55.15 35.46 (2) Dredge Dozer; Heavy duty repairman. . . . . . . . . . . . .$ 50.19 35.46 (3) Booster Pump Operator; Deck Engineer; Deck mate; Dredge Tender; Winch Operator. . . . . . . . . . . . . . . . . . .$ 49.07 35.46 (4) Bargeman; Deckhand; Fireman; Leveehand; Oiler. .$ 45.77 35.46 AREA 2: (1) Leverman. . . . . . . . . . . . . . .$ 57.15 35.46 (2) Dredge Dozer; Heavy duty repairman. . . . . . . . . . . . .$ 52.19 35.46 (3) Booster Pump Operator; Deck Engineer; Deck mate; Dredge Tender; Winch Operator. . . . . . . . . . . . . . . . . . .$ 51.07 35.46 (4) Bargeman; Deckhand; Fireman; Leveehand; Oiler. .$ 47.77 35.46 AREA DESCRIPTIONS AREA 1: ALAMEDA,BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES AREA 2: MODOC COUNTY THE REMAINGING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW: ALPINE COUNTY: Area 1: Northernmost part Area 2: Remainder CALAVERAS COUNTY: Area 1: 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 1: Remainder Area 2: Eastern part GLENN COUNTY: Area 1: 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 1: All but the Northern portion along the border of Sierra County Area 2: Remainder PLACER COUNTY: Area 1: Al but the Central portion Area 2: Remainder PLUMAS COUNTY: Area 1: Western portion Area 2: Remainder SHASTA COUNTY: Area 1: All but the Northeastern corner Area 2: Remainder SIERRA COUNTY: Area 1: Western part Area 2: Remainder SISKIYOU COUNTY: Area 1: Central part Area 2: Remainder SONOMA COUNTY: Area 1: All but the Northwestern corner Area 2: Remainder TEHAMA COUNTY: Area 1: All 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 1: Except Eastern part Area 2: Eastern part ---------------------------------------------------------------- ENGIO003-019 06/29/2020 SEE AREA DESCRIPTIONS BELOW Rates Fringes OPERATOR: Power Equipment (LANDSCAPE WORK ONLY) GROUP 1 AREA 1. . . . . . . . . . . . . . . . . . . . .$ 39.95 30.28 AREA 2. . . . . . . . . . . . . . . . . . . . .$ 41.95 30.28 GROUP 2 AREA 1. . . . . . . . . . . . . . . . . . . . .$ 36.35 30.28 AREA 2. . . . . . . . . . . . . . . . . . . . .$ 38.35 30.28 GROUP 3 AREA 1. . . . . . . . . . . . . . . . . . . . .$ 31.74 30.28 AREA 2. . . . . . . . . . . . . . . . . . . . .$ 33.74 30.28 GROUP DESCRIPTIONS: GROUP 1: Landscape Finish Grade Operator: All finish grade work regardless of equipment used, and all equipment with a rating more than 65 HP. GROUP 2: Landscape Operator up to 65 HP: All equipment with a manufacturer's rating of 65 HP or less except equipment covered by Group 1 or Group 3. The following equipment shall be included except when used for finish work as long as manufacturer's rating is 65 HP or less: A-Frame and Winch Truck, Backhoe, Forklift, Hydragraphic Seeder Machine, Roller, Rubber-Tired and Track Earthmoving Equipment, Skiploader, Straw Blowers, and Trencher 31 HP up to 65 HP. GROUP 3: Landscae Utility Operator: Small Rubber-Tired Tractor, Trencher Under 31 HP. AREA DESCRIPTIONS: AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES AREA 2 - MODOC COUNTY THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW: ALPINE COUNTY: Area 1: Northernmost part Area 2: Remainder CALAVERAS COUNTY: Area 1: Except Eastern part Area 2: Eastern part COLUSA COUNTY: Area 1: Eastern part Area 2: Remainder DEL NORTE COUNTY: Area 1: Extreme Southwestern corner Area 2: Remainder ELDORADO COUNTY: Area 1: North Central part Area 2: Remainder FRESNO COUNTY Area 1: Except Eastern part Area 2: Eastern part GLENN COUNTY: Area 1: Eastern part Area 2: Remainder HUMBOLDT COUNTY: Area 1: Except Eastern and Southwestern parts Area 2: Remainder LAKE COUNTY: Area 1: Southern 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: Remainder Area 2: Eastern part MARIPOSA COUNTY Area 1: Remainder Area 2: Eastern part MENDOCINO COUNTY: Area 1: Central and Southeastern parts Area 2: Remainder MONTEREY COUNTY Area 1: Remainder Area 2: Southwestern part NEVADA COUNTY: Area 1: All but the Northern portion along the border of Sierra County Area 2: Remainder PLACER COUNTY: Area 1: All but the Central portion Area 2: Remainder PLUMAS COUNTY: Area 1: Western portion Area 2: Remainder SHASTA COUNTY: Area 1: All but the Northeastern corner Area 2: Remainder SIERRA COUNTY: Area 1: Western part Area 2: Remainder SISKIYOU COUNTY: Area 1: Central part Area 2: Remainder SONOMA COUNTY: Area 1: All but the Northwestern corner Area 2: Reaminder TEHAMA COUNTY: Area 1: All but the Western border with mendocino & Trinity Counties Area 2: Remainder TRINITY COUNTY: Area 1: East Central part and the Northeaster border with Shasta County Area 2: Remainder TULARE COUNTY; Area 1: Remainder Area 2: Eastern part TUOLUMNE COUNTY: Area 1: Remainder Area 2: Eastern Part ---------------------------------------------------------------- IRON0377-001 01/01/2023 ALAMEDA, CONTRA COSTA, SAN MATEO, SANTA CLARA COUNTIES Rates Fringes Ironworkers: Fence Erector. . . . . . . . . . . . . . .$ 41.28 25.66 Ornamental, Reinforcing and Structural. . . . . . . . . . . . . .$ 49.88 34.30 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- IRON0377-003 01/01/2023 SAN FRANCISCO CITY and COUNTY Rates Fringes Ironworkers: Fence Erector. . . . . . . . . . . . . . .$ 41.28 25.66 Ornamental, Reinforcing and Structural. . . . . . . . . . . . . .$ 50.38 34.30 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- IRON0433-005 01/01/2023 REMAINING COUNTIES Rates Fringes IRONWORKER Fence Erector. . . . . . . . . . . . . . .$ 41.28 25.66 Ornamental, Reinforcing and Structural. . . . . . . . . . . . . .$ 46.20 34.30 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LAB00067-006 03/04/2023 AREA ""1"" - ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES AREA ""2"" - CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes LABORER (ASBESTOS/MOLD/LEAD LABORER) Area 1. . . . . . . . . . . . . . . . . . . . . .$ 35.25 27.09 Area 2. . . . . . . . . . . . . . . . . . . . . .$ 34.25 27.09 ASBESTOS REMOVAL-SCOPE OF WORK: 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. ---------------------------------------------------------------- LAB00073-002 06/28/2021 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person. .$ 33.48 26.21 Traffic Control Person I. . . .$ 33.78 26.21 Traffic Control Person II. . .$ 31.28 26.21 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LAB00073-003 07/01/2022 SAN JOAQUIN COUNTY Rates Fringes LABORER Mason Tender-Brick. . . . . . . . . .$ 35.29 25.21 ---------------------------------------------------------------- LAB00073-005 07/01/2021 Rates Fringes Tunnel and Shaft Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 42.00 25.71 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 41.77 25.71 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 41.52 25.71 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 41.07 25.71 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 40.53 25.71 Shotcrete Specialist. . . . . . . .$ 42.52 25.71 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LAB00073-007 06/25/2018 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS) Construction Specialist Group. . . . . . . . . . . . . . . . . . . . . . .$ 30.49 23.20 GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 29.79 23.20 GROUP 1-a. . . . . . . . . . . . . . . . . . .$ 30.01 23.20 GROUP 1-c. . . . . . . . . . . . . . . . . . .$ 29.84 23.20 GROUP 1-e. . . . . . . . . . . . . . . . . . .$ 30.34 23.20 GROUP 1-f. . . . . . . . . . . . . . . . . . .$ 30.37 23.20 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 29.64 23.20 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 29.54 23.20 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 23.23 23.20 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS) (1) New Construction. . . . . . . .$ 29.54 23.20 (2) Establishment Warranty Period. . . . . . . . . . . . . . . . . . . . . .$ 23.23 23.20 LABORER (GUNITE) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 29.75 22.31 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 29.25 22.31 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 28.66 22.31 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 28.54 22.31 LABORER (WRECKING) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 29.79 23.20 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 29.64 23.20 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; 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 raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work-- Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LAB00073-009 07/01/2021 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes LABORER (Plaster Tender). . . . . . . . .$ 35.82 28.45 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LAB00261-003 06/28/2021 SAN FRANCISCO AND SAN MATEO COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person. .$ 34.48 26.21 Traffic Control Person I. . . .$ 34.78 26.21 Traffic Control Person II. . .$ 32.28 26.21 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LAB00261-005 07/01/2021 SAN FRANCISCO AND SAN MATEO COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 42.00 25.71 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 41.77 25.71 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 41.52 25.71 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 41.07 25.71 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 40.53 25.71 Shotcrete Specialist. . . . . . . .$ 42.52 25.71 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LAB00261-009 06/25/2018 SAN FRANCISCO, AND SAN MATEO COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group. . . . . . . . . . . . . . . . . . . . . . .$ 31.49 23.20 GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 30.79 23.20 GROUP 1-a. . . . . . . . . . . . . . . . . . .$ 31.01 23.20 GROUP 1-c. . . . . . . . . . . . . . . . . . .$ 30.84 23.20 GROUP 1-e. . . . . . . . . . . . . . . . . . .$ 31.34 23.20 GROUP 1-f. . . . . . . . . . . . . . . . . . .$ 31.37 23.20 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 30.64 23.20 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 30.54 23.20 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 24.23 23.20 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction. . . . . . . .$ 30.54 23.20 (2) Establishment Warranty Period. . . . . . . . . . . . . . . . . . . . . .$ 24.23 23.20 LABORER (WRECKING - AREA A:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 30.79 23.20 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 30.64 23.20 Laborers: (GUNITE - AREA A:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 30.75 22.31 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 30.25 22.31 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 29.66 22.31 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 29.54 22.31 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; 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 raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work-- Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LAB00261-011 07/01/2021 SAN FRANCISCO AND SAN MATEO COUNTIES: Rates Fringes MASON TENDER, BRICK. . . . . . . . . . . . . .$ 34.85 26.32 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: $2.50 per day additional. ---------------------------------------------------------------- LAB00261-014 07/01/2022 SAN FRANCISCO AND SAN MATEO COUNTIES: Rates Fringes PLASTER TENDER. . . . . . . . . . . . . . . . . . .$ 40.48 30.23 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LAB00270-003 06/28/2021 AREA A: SANTA CLARA AREA B: MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person Area A. . . . . . . . . . . . . . . . . . . . .$ 34.48 26.21 Area B. . . . . . . . . . . . . . . . . . . . .$ 33.48 26.21 Traffic Control Person I Area A. . . . . . . . . . . . . . . . . . . . .$ 34.78 26.21 Area B. . . . . . . . . . . . . . . . . . . . .$ 33.78 26.21 Traffic Control Person II Area A. . . . . . . . . . . . . . . . . . . . .$ 32.28 26.21 Area B. . . . . . . . . . . . . . . . . . . . .$ 31.28 26.21 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LAB00270-004 07/01/2021 MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 42.00 25.71 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 41.77 25.71 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 41.52 25.71 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 41.07 25.71 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 40.53 25.71 Shotcrete Specialist. . . . . . . .$ 42.52 25.71 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LAB00270-005 07/01/2022 MONTEREY AND SAN BENITO COUNTIES Rates Fringes LABORER Mason Tender-Brick. . . . . . . . . .$ 35.29 25.21 ---------------------------------------------------------------- LAB00270-007 06/25/2018 MONTEREY, SAN BENITO, AND SANTA CRUZ, COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA B) Construction Specialist Group. . . . . . . . . . . . . . . . . . . . . . .$ 30.40 23.20 GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 29.79 23.20 GROUP 1-a. . . . . . . . . . . . . . . . . . .$ 30.01 23.20 GROUP 1-c. . . . . . . . . . . . . . . . . . .$ 29.84 23.20 GROUP 1-e. . . . . . . . . . . . . . . . . . .$ 30.34 23.20 GROUP 1-f. . . . . . . . . . . . . . . . . . .$ 30.37 23.20 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 29.64 23.20 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 29.54 23.20 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 23.23 23.20 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA B) (1) New Construction. . . . . . . .$ 29.54 23.20 (2) Establishment Warranty Period. . . . . . . . . . . . . . . . . . . . . .$ 23.23 23.20 LABORER (GUNITE - AREA B) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 29.75 22.31 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 29.25 22.31 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 28.66 22.31 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 28.54 22.31 LABORER (WRECKING - AREA B) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 29.79 23.20 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 29.64 23.20 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; 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 raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LAB00270-010 06/25/2018 SANTA CLARA COUNTY Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group. . . . . . . . . . . . . . . . . . . . . . .$ 31.49 23.20 GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 30.79 23.20 GROUP 1-a. . . . . . . . . . . . . . . . . . .$ 31.01 23.20 GROUP 1-c. . . . . . . . . . . . . . . . . . .$ 30.84 23.20 GROUP 1-e. . . . . . . . . . . . . . . . . . .$ 31.34 23.20 GROUP 1-f. . . . . . . . . . . . . . . . . . .$ 30.37 23.20 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 30.64 23.20 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 30.54 23.20 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 24.23 23.20 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction. . . . . . . .$ 30.54 23.20 (2) Establishment Warranty Period. . . . . . . . . . . . . . . . . . . . . .$ 24.23 23.20 LABORER (GUNITE - AREA A:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 30.75 22.31 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 30.25 22.31 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 29.66 22.31 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 29.54 22.31 LABORER (WRECKING - AREA A:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 30.79 23.20 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 30.64 23.20 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; 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 raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LAB00270-011 07/01/2017 MONTEREY, SAN BENITO, SANTA CRUZ, SANTA CLARA COUNTIES Rates Fringes LABORER (Plaster Tender). . . . . . . . .$ 34.70 21.22 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LAB00294-001 07/01/2022 FRESNO, KINGS AND MADERA COUNTIES Rates Fringes LABORER (Brick) Mason Tender-Brick. . . . . . . . . .$ 35.29 25.21 ---------------------------------------------------------------- LAB00294-002 06/28/2021 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person. .$ 33.48 26.21 Traffic Control Person I. . . .$ 33.78 26.21 Traffic Control Person II. . .$ 31.28 26.21 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LAB00294-005 07/01/2021 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 42.00 25.71 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 41.77 25.71 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 41.52 25.71 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 41.07 25.71 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 40.53 25.71 Shotcrete Specialist. . . . . . . .$ 42.52 25.71 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LAB00294-008 06/25/2018 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA B:) Construction Specialist Group. . . . . . . . . . . . . . . . . . . . . . .$ 30.49 23.20 GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 29.79 23.20 GROUP 1-a. . . . . . . . . . . . . . . . . . .$ 30.01 23.20 GROUP 1-c. . . . . . . . . . . . . . . . . . .$ 29.84 23.20 GROUP 1-e. . . . . . . . . . . . . . . . . . .$ 30.34 23.20 GROUP 1-f. . . . . . . . . . . . . . . . . . .$ 30.37 23.20 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 29.64 23.20 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 29.54 23.20 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 23.23 23.20 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA B:) (1) New Construction. . . . . . . .$ 29.54 23.20 (2) Establishment Warranty Period. . . . . . . . . . . . . . . . . . . . . .$ 23.23 23.20 LABORER (GUNITE - AREA B:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 29.75 22.31 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 29.25 22.31 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 28.66 22.31 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 28.54 22.31 LABORER (WRECKING - AREA B:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 29.79 23.20 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 29.64 23.20 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; 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 raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LAB00294-010 07/01/2021 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE Rates Fringes Plasterer tender. . . . . . . . . . . . . . . . .$ 35.82 28.45 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LAB00294-011 07/01/2021 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes LABORER (Plaster Tender). . . . . . . . .$ 35.82 28.45 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LAB00304-002 06/28/2021 ALAMEDA COUNTY Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person. .$ 34.48 26.21 Traffic Control Person I. . . .$ 34.78 26.21 Traffic Control Person II. . .$ 32.28 26.21 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LAB00304-003 07/01/2021 ALAMEDA COUNTY Rates Fringes Tunnel and Shaft Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 42.00 25.71 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 41.77 25.71 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 41.52 25.71 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 41.07 25.71 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 40.53 25.71 Shotcrete Specialist. . . . . . . .$ 42.52 25.71 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LAB00304-004 06/25/2018 ALAMEDA COUNTY Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group. . . . . . . . . . . . . . . . . . . . . . .$ 31.49 23.20 GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 30.79 23.20 GROUP 1-a. . . . . . . . . . . . . . . . . . .$ 31.01 23.20 GROUP 1-c. . . . . . . . . . . . . . . . . . .$ 30.84 23.20 GROUP 1-e. . . . . . . . . . . . . . . . . . .$ 31.34 23.20 GROUP 1-f. . . . . . . . . . . . . . . . . . .$ 30.37 23.20 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 30.64 23.20 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 30.54 23.20 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 24.23 23.20 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction. . . . . . . .$ 30.54 23.20 (2) Establishment Warranty Period. . . . . . . . . . . . . . . . . . . . . .$ 24.23 23.20 LABORER (GUNITE - AREA A:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 30.75 22.31 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 30.25 22.31 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 29.66 22.31 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 29.54 22.31 LABORER (WRECKING - AREA A:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 30.79 23.20 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 30.64 23.20 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; 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 raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LAB00304-005 05/01/2018 ALAMEDA COUNTY Rates Fringes Brick Tender. . . . . . . . . . . . . . . . . . . . .$ 35.37 20.70 FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional. ---------------------------------------------------------------- LAB00304-008 07/01/2017 ALAMEDA AND CONTRA COSTA COUNTIES: Rates Fringes Plasterer tender. . . . . . . . . . . . . . . . .$ 34.70 23.11 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LAB00324-002 06/28/2021 CONTRA COSTA COUNTY Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person. .$ 34.48 26.21 Traffic Control Person I. . . .$ 34.78 26.21 Traffic Control Person II. . .$ 32.28 26.21 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LAB00324-006 06/25/2018 CONTRA COSTA COUNTY Rates Fringes Tunnel and Shaft Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 37.82 24.11 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 37.59 24.11 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 37.34 24.11 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 36.89 24.11 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 36.35 24.11 Shotcrete Specialist. . . . . . . .$ 38.34 24.11 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LAB00324-012 06/25/2018 CONTRA COSTA COUNTY Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group. . . . . . . . . . . . . . . . . . . . . . .$ 31.49 23.20 GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 30.79 23.20 GROUP 1-a. . . . . . . . . . . . . . . . . . .$ 31.01 23.20 GROUP 1-c. . . . . . . . . . . . . . . . . . .$ 30.84 23.20 GROUP 1-e. . . . . . . . . . . . . . . . . . .$ 31.34 23.20 GROUP 1-f. . . . . . . . . . . . . . . . . . .$ 30.37 23.20 GROUP 1-g. . . . . . . . . . . . . . . . . . .$ 30.99 23.20 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 30.64 23.20 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 30.54 23.20 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 24.23 23.20 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction. . . . . . . .$ 30.54 23.20 (2) Establishment Warranty Period. . . . . . . . . . . . . . . . . . . . . .$ 24.23 23.20 LABORER (GUNITE - AREA A:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 30.75 22.31 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 30.25 22.31 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 29.66 22.31 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 29.54 22.31 LABORER (WRECKING - AREA A:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 30.79 23.20 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 30.64 23.20 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; 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 raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work, Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) GROUP 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 ---------------------------------------------------------------- LAB00324-014 05/01/2018 CONTRA COSTA COUNTY: Rates Fringes Brick Tender. . . . . . . . . . . . . . . . . . . . .$ 35.37 20.70 FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional. ---------------------------------------------------------------- LAB00324-018 07/01/2021 ALAMEDA AND CONTRA COSTA COUNTIES: Rates Fringes Plasterer tender. . . . . . . . . . . . . . . . .$ 38.28 29.43 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LAB01130-002 06/28/2021 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person. .$ 33.48 26.21 Traffic Control Person I. . . .$ 33.78 26.21 Traffic Control Person II. . .$ 31.28 26.21 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LAB01130-003 06/26/2017 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 36.60 24.83 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 36.37 24.83 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 36.12 24.83 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 35.67 24.83 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 35.13 24.83 Shotcrete Specialist. . . . . . . .$ 37.12 24.83 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LAB01130-005 07/01/2022 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES Rates Fringes LABORER Mason Tender-Brick. . . . . . . . . .$ 35.29 25.21 ---------------------------------------------------------------- LAB01130-007 06/25/2018 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE , COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA B:) Construction Specialist Group. . . . . . . . . . . . . . . . . . . . . . .$ 30.49 23.20 GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 29.79 23.20 GROUP 1-a. . . . . . . . . . . . . . . . . . .$ 30.01 23.20 GROUP 1-c. . . . . . . . . . . . . . . . . . .$ 29.84 23.20 GROUP 1-e. . . . . . . . . . . . . . . . . . .$ 30.34 23.20 GROUP 1-f. . . . . . . . . . . . . . . . . . .$ 29.37 23.20 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 29.64 23.20 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 29.54 23.20 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 23.23 23.20 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA B:) (1) New Construction. . . . . . . .$ 29.54 23.20 (2) Establishment Warranty Period. . . . . . . . . . . . . . . . . . . . . .$ 23.23 23.20 LABORER (GUNITE - AREA B:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 29.75 22.31 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 29.25 22.31 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 28.66 22.31 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 28.54 22.31 LABORER (WRECKING - AREA B:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 29.79 23.20 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 29.64 23.20 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; 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 raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LAB01130-008 07/01/2021 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE Rates Fringes Plasterer tender. . . . . . . . . . . . . . . . .$ 35.82 28.45 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LAB01130-009 07/01/2021 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes LABORER (Plaster Tender). . . . . . . . .$ 35.82 28.45 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0016-001 01/01/2023 ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN MATEO, SANTA CLARA, AND SANTA CRUZ COUNTIES Rates Fringes Painters: . . . . . . . . . . . . . . . . . . . . . . . .$ 47.42 27.28 PREMIUMS: EXOTIC MATERIALS - $1.25 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 - $6.00 per houir additional ---------------------------------------------------------------- PAIN0016-003 01/01/2023 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES AREA 2: CALAVERAS, MARIPOA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS & TUOLUMNE COUNTIES Rates Fringes Drywall Finisher/Taper AREA 1. . . . . . . . . . . . . . . . . . . . . .$ 57.16 30.24 AREA 2. . . . . . . . . . . . . . . . . . . . . .$ 53.03 28.84 ---------------------------------------------------------------- PAIN0016-012 01/01/2023 ALAMEDA, CONTRA COSTA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES Rates Fringes SOFT FLOOR LAYER. . . . . . . . . . . . . . . . .$ 55.25 32.63 ---------------------------------------------------------------- PAIN0016-015 01/01/2023 CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE COUNTIES Rates Fringes PAINTER Brush. . . . . . . . . . . . . . . . . . . . . . .$ 38.23 22.05 FOOTNOTES: SPRAY/SANDBLAST: $0.50 additional per hour. EXOTIC MATERIALS: $1.25 additional per hour. HIGH TIME: Over 50 ft above ground or water level $2.00 additional per hour. 100 to 180 ft above ground or water level $4.00 additional per hour. Over 180 ft above ground or water level $6.00 additional per hour. ---------------------------------------------------------------- PAIN0016-022 01/01/2023 SAN FRANCISCO COUNTY Rates Fringes PAINTER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 51.04 27.28 ---------------------------------------------------------------- PAIN0169-001 01/01/2023 FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES: Rates Fringes GLAZIER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 44.33 28.88 ---------------------------------------------------------------- PAIN0169-005 01/01/2023 ALAMEDA CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA & SANTA CRUZ COUNTIES Rates Fringes GLAZIER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 55.77 32.45 ---------------------------------------------------------------- PAIN0294-004 01/01/2023 FRESNO, KINGS AND MADERA COUNTIES Rates Fringes PAINTER Brush, Roller. . . . . . . . . . . . . . .$ 32.99 21.30 Drywall Finisher/Taper. . . . . .$ 47.11 28.99 FOOTNOTE: Spray Painters & Paperhangers recive $1.00 additional per hour. Painters doing Drywall Patching receive $1.25 additional per hour. Lead Abaters & Sandblasters receive $1.50 additional per hour. High Time - over 30 feet (does not include work from a lift) $0.75 per hour additional. ---------------------------------------------------------------- PAIN0294-005 01/01/2023 FRESNO, KINGS & MADERA Rates Fringes SOFT FLOOR LAYER. . . . . . . . . . . . . . . . .$ 38.53 23.19 ---------------------------------------------------------------- PAIN0767-001 01/01/2023 CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes GLAZIER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 43.15 33.72 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. Employee required to wear a body harness shall receive $1.50 per hour above the basic hourly rate at any elevation. ---------------------------------------------------------------- PAIN1176-001 07/01/2022 HIGHWAY IMPROVEMENT Rates Fringes Parking Lot Striping/Highway Marking: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 40.83 17.62 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 34.71 17.62 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 35.11 17.62 CLASSIFICATIONS GROUP 1: Striper: Layout and application of painted traffic stripes and marking; hot thermo plastic; tape, traffic stripes and markings GROUP 2: Gamecourt & Playground Installer GROUP 3: Protective Coating, Pavement Sealing ---------------------------------------------------------------- PAIN1237-003 01/01/2023 CALAVERAS; SAN JOAQUIN COUNTIES; STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes SOFT FLOOR LAYER. . . . . . . . . . . . . . . . .$ 46.24 25.96 ---------------------------------------------------------------- PLAS0066-002 07/01/2019 ALAMEDA, CONTRA COSTA, SAN MATEO AND SAN FRANCISCO COUNTIES: Rates Fringes PLASTERER. . . . . . . . . . . . . . . . . . . . . . . .$ 42.41 30.73 ---------------------------------------------------------------- PLAS0300-001 07/01/2018 Rates Fringes PLASTERER AREA 188: Fresno. . . . . . . . . . .$ 32.70 31.68 AREA 224: San Benito, Santa Clara, Santa Cruz. . . . .$ 32.88 31.68 AREA 295: Calaveras & San Joaquin Couonties. . . . . . . . . . .$ 32.70 31.68 AREA 337: Monterey County. .$ 32.88 31.68 AREA 429: Mariposa, Merced, Stanislaus, Tuolumne Counties. . . . . . . . . . .$ 32.70 31.68 ---------------------------------------------------------------- PLAS0300-005 07/01/2016 Rates Fringes CEMENT MASON/CONCRETE FINISHER. . .$ 32.15 23.27 ---------------------------------------------------------------- PLUM0038-001 07/01/2022 SAN FRANCISCO COUNTY Rates Fringes PLUMBER (Plumber, Steamfitter, Refrigeration Fitter). . . . . . . . . . . . . . . . . . . . . . . . . .$ 82.00 48.18 ---------------------------------------------------------------- PLUM0038-005 07/01/2022 SAN FRANCISCO COUNTY Rates Fringes Landscape/Irrigation Fitter (Underground/Utility Fitter). . . . .$ 69.70 33.15 ---------------------------------------------------------------- PLUM0062-001 01/01/2023 MONTEREY AND SANTA CRUZ COUNTIES Rates Fringes PLUMBER & STEAMFITTER. . . . . . . . . . . .$ 50.00 39.35 ---------------------------------------------------------------- PLUM0159-001 07/01/2022 CONTRA COSTA COUNTY Rates Fringes Plumber and steamfitter (1) Refrigeration. . . . . . . . . . .$ 56.93 41.04 (2) All other work. . . . . . . . . .$ 62.12 45.24 ---------------------------------------------------------------- PLUM0246-001 01/01/2023 FRESNO, KINGS & MADERA COUNTIES Rates Fringes PLUMBER & STEAMFITTER. . . . . . . . . . . .$ 46.95 38.59 ---------------------------------------------------------------- * PLUM0246-004 01/01/2017 FRESNO, MERCED & SAN JOAQUIN COUNIES Rates Fringes PLUMBER (PIPE TRADESMAN). . . . . . . . .$ 13.00 ** 10.74 PIPE TRADESMAN 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 ---------------------------------------------------------------- PLUM0342-001 07/01/2022 ALAMEDA & CONTRA COSTA COUNTIES Rates Fringes PIPEFITTER CONTRA COSTA COUNTY. . . . . . . . .$ 72.00 45.70 PLUMBER, PIPEFITTER, STEAMFITTER ALAMEDA COUNTY. . . . . . . . . . . . . .$ 72.00 45.70 ---------------------------------------------------------------- PLUM0355-004 07/01/2022 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. . . . . . . . . . .$ 32.22 17.55 ---------------------------------------------------------------- PLUM0393-001 07/01/2021 SAN BENITO AND SANTA CLARA COUNTIES Rates Fringes PLUMBER/PIPEFITTER. . . . . . . . . . . . . . .$ 68.76 46.63 ---------------------------------------------------------------- PLUM0442-001 01/01/2023 CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE COUNTIES Rates Fringes PLUMBER & STEAMFITTER. . . . . . . . . . . .$ 50.75 35.14 ---------------------------------------------------------------- PLUM0467-001 07/01/2021 SAN MATEO COUNTY Rates Fringes Plumber/Pipefitter/Steamfitter. . .$ 73.10 38.61 ---------------------------------------------------------------- ROOF0027-002 01/01/2023 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 41.31 15.31 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: $2.00 per hour additional. ---------------------------------------------------------------- ROOF0040-002 08/01/2022 SAN FRANCISCO & SAN MATEO COUNTIES: Rates Fringes ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 49.83 21.14 ---------------------------------------------------------------- ROOF0081-001 08/01/2022 ALAMEDA AND CONTRA COSTA COUNTIES: Rates Fringes Roofer. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 50.27 20.66 ---------------------------------------------------------------- ROOF0081-004 08/01/2022 CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 43.13 19.71 ---------------------------------------------------------------- ROOF0095-002 08/01/2022 MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES: Rates Fringes ROOFER Bitumastic, Enameler, Coal Tar, Pitch and Mastic worker. . . . . . . . . . . . . . . . . . . . . .$ 55.16 20.82 Journeyman. . . . . . . . . . . . . . . . . .$ 51.16 20.82 Kettle person (2 kettles). . .$ 53.16 20.82 ---------------------------------------------------------------- SFCA0483-001 01/01/2023 ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: Rates Fringes SPRINKLER FITTER (FIRE). . . . . . . . . .$ 72.59 36.95 ---------------------------------------------------------------- * SFCA0669-011 04/01/2023 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes SPRINKLER FITTER. . . . . . . . . . . . . . . . .$ 44.32 27.25 ---------------------------------------------------------------- SHEE0104-001 07/01/2020 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, SANTA CLARA AREA 2: MONTEREY & SAN BENITO AREA 3: SANTA CRUZ Rates Fringes SHEET METAL WORKER AREA 1: Mechanical Contracts under $200,000. . . . . . . . . . . . .$ 55.92 45.29 All Other Work. . . . . . . . . . . . .$ 64.06 46.83 AREA 2. . . . . . . . . . . . . . . . . . . . . .$ 52.90 36.44 AREA 3. . . . . . . . . . . . . . . . . . . . . .$ 55.16 34.18 ---------------------------------------------------------------- SHEE0104-003 07/01/2021 CALAVERAS AND SAN JOAQUIN COUNTIES: Rates Fringes SHEET METAL WORKER. . . . . . . . . . . . . . .$ 44.34 39.22 ---------------------------------------------------------------- SHEE0104-005 07/01/2021 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes SHEET METAL WORKER (Excluding metal deck and siding). . . . . . . . . . .$ 41.28 45.41 ---------------------------------------------------------------- SHEE0104-007 07/01/2021 FRESNO, KINGS, AND MADERA COUNTIES: Rates Fringes SHEET METAL WORKER. . . . . . . . . . . . . . .$ 44.07 40.79 ---------------------------------------------------------------- SHEE0104-015 07/01/2020 ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: Rates Fringes SHEET METAL WORKER (Metal Decking and Siding only). . . . . . . . .$ 44.45 35.55 ---------------------------------------------------------------- SHEE0104-018 07/01/2020 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes Sheet metal worker (Metal decking and siding only). . . . . . . . .$ 44.45 35.55 ---------------------------------------------------------------- TEAM0094-001 07/01/2022 Rates Fringes Truck drivers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 36.95 31.14 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 37.25 31.14 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 37.55 31.14 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 37.90 31.14 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 38.25 31.14 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; 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 24 yds.; Transit mixers, over 10 yds.; Water trucks, 7,000 gals. and over; Jetting trucks, 7,000 gals. and over; Vacuum trucks under 7500 gals. Trucks towing tilt bed or flat bed pull trailers; Lowbed heavy duty transport; Heavy duty transport tiller person; Self- propelled street sweeper with self-contained refuse bin; Boom truck - hydro-lift or Swedish type extension or retracting crane; P.B. or similar type self-loading truck; Tire repairperson; Combination bootperson and road oiler; Dry distribution truck (A bootperson when employed on such equipment, shall receive the rate specified for the classification of road oil trucks or bootperson); Ammonia nitrate distributor, driver and mixer; Snow Go and/or plow GROUP 4: Dump trucks, over 25 yds. and under 65 yds.; Water pulls - DW 10's, 20's, 21's and other similar equipment when pulling Aqua/pak or water tank trailers; Helicopter pilots (when transporting men and materials); Lowbedk Heavy Duty Transport up to including 7 axles; DW10's, 20's, 21's and other similar Cat type, Terra Cobra, LeTourneau Pulls, Tournorocker, Euclid and similar type equipment when pulling fuel and/or grease tank trailers or other miscellaneous trailers; Vacuum Trucks 7500 gals and over and truck repairman GROUP 5: Dump trucks, 65 yds. and over; Holland hauler; Low bed Heavy Duty Transport over 7 axles ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20) or 13658 ($12.15). Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. 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)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISIO"