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HomeMy WebLinkAbout24-22-C Executed Contract.pdf SPECIFICATIONS HOUGHTON CANAL AT N CHATEAU FRESNO AVENUE TREE REMOVAL N. CHATEAU FRESNO AVENUE, 0.5 MILES SOUTH OF BELMONT AVENUE FEDERAL PROJECT NUMBER: BRLO-5942(237) BUDGET /ACCOUNT: 4510 / 7370 4� co 5 Department o Public Works and Planning O� �O p f g FRES CONTRACT NUMBER 24-22-C co County of Fresno 1s56 C DEPARTMENT OF PUBLIC WORKS AND PLANNING O STEVEN E. WHITE, DIRECTOR FRCS January 27, 2025 Contract No. 24-22-C ADDENDUM NO. 1 to HOUGHTON CANAL AT N CHATEAU FRESNO AVENUE TREE REMOVAL, revising the Bidding and Contract Documents as follows: TABLE OF CONTENTS No changes NOTICE TO BIDDERS DELETE: Complete all work for submittals and ordering materials/equipment within 15 working days (Specifications Special Provisions Section 8-1.04B). REPLACE with: Complete all work within 15 working days (Specifications Special Provisions Section 8-1.04B). DELETE: A valid California Contractor's License, Class A (General Engineering), C- 27 (Landscaping Contractor), or C-49 (Tree and Palm Contractor), is required for this project. REPLACE with: A valid California Contractor's License, Class A (General Engineering), C-27 (Landscaping Contractor), C-49 (Tree and Palm Contractor), or C-61/D-49 (Tree Service) is required for this project. SPECIAL PROVISIONS No changes FEDERAL REQUIREMENTS No changes PROJECT DETAILS DELETE: Tree Removal Exhibit REPLACE with: Tree Removal Exhibit - Addendum 1 PROPOSAL/BID BOOK: PAPER DELETE: Proposal 2 REPLACE with: attached Proposal 2A Addendum No. 1 HOUGHTON CANAL AT N CHATEAU FRESNO AVENUE TREE REMOVAL Contract No. 24-22-C Page 1 of 2 PROPOSAL/BID BOOK: BID EXPRESS DELETE: Line Item 4 Clearing and Grubbing (Miscellaneous Abandoned Irrigation System/Tubing by Almond Trees) AGREEMENT No changes PLANS No changes END OF ADDENDUM NO. 1 -------------------------------------------------------------------------------------------------------------------- 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. 27/01/25 Date Signed q?,0FE X\ C. Q 0 No.C80424 c/V �q�t OF CALF Supervising Engineer: Joseph C. Harrell, PE C80424 FRESNO COUNTY Department of Public Works and Planning m/a 2220 Tulare Street, Suite 720 Fresno, CA 93721-2106 Addendum No. 1 HOUGHTON CANAL AT N CHATEAU FRESNO AVENUE TREE REMOVAL Contract No. 24-22-C Page 2 of 2 Fresno County Department of Public Works and Planning Bid Item List - Proposal 2A Contract# 24-22-C Contract Name Houghton Canal Bridge on N Chateau Fresno Ave Tree Removal Location N Chateau Fresno Ave, 0.5 miles south of Belmont Ave Bid Items Item ID Quantity Unit Unit Price Total Description 1 1 LS Is Fs Traffic Control System 2 1 LS $ $ Job Site Management 3 1 LS Is Fs Prepare and Implement Water Pollution Control Program 4 222 EA Is Fs Remove Grapevines 5 242 EA Is Fs Remove Almond Trees 6 1 EA Is Fs Remove Tree (more than 1.0 LF up to 2.0 LF DBH) 7 1 LS Is Fs Post Operation Clearing 8 1 LS Is Fs Mobilization Bid Items Total: $ Bid Item List 1/27/2025 24-22-C Page 1 of 1 ADDENDUM1 x 0 c c1 x 0 z z D Z - - / y I I ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® 7+95 ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ROW NUMBER: 1 -2'-3 -4 15_6 7-8-9- 10- 11 - 12 13 14 15 16 17 18 19 20 21 22 23 24 '25 26 27 `28` 29 ' 30 ` 31 -32 33 34 35 di Uu 9+00 10+00 11+00 15+00 16+00 CHATEAU FRESNO AVE 12+00 13+00 14+00 ww——————— __ NAME DATE SCALE IN FEET �w CO DEPARTMENT OF PUBLIC WORKS AND PLANNING NOTE:ENSURE FINISHED GRADE PROVIDES A CLEAR FLOWLINE FROM DESIGNED: T.LAIRD 12/24 THE FLOOD IRRIGATION VALVE IN EACH ROW TO THE TREES NORTH OF '�' TREE REMOVAL EXHIBIT so THE REMOVAL. HOUGHTON CANAL BRIDGE DRAWN: T.LAIRD 12i24 Fee` TREE TO BE REMOVED O ® � ON CHATEAU FRESNO AVE FR E 1 OF 3 ADDENDUM 1 7+95 CHATEAU FRESNOAVE 00 9+00 10+00 11+00 12+00 13+00 14+00 15+00 16+00 ROW NUMBER: 1 2-3-4-5 6_ 7_ 8 9— 10 — 11 — 12- 13_ 14 15 16 17 18 19 20 21 22 2233 24 25 26 27 28 29 30 31 32 33 34 35 a; (90 Al ✓ r rr ' r o Jj 11114 lot- Ale" 33✓✓ r NAME: DATE: SCALE IN FEET DEPARTMENT OF PUBLIC WORKS AND PLANNING DESIGNED: T.LAIRD 12/24 AREA TO BE GRADED 5%DRAINING TO THE SOUTH/SOUTHEAST TREE REMOVAL EXHIBIT DRAWN: T.LAIRD 12/24 90Fe ® TREE TO BE REMOVED HOUGHTON CANAL BRIDGE ON CHATEAU FRESNO AVE 20F3 ADDENDUM 1 { Z lit,t l o I9It E _ I I 0 1 i z I 9 h 1 Y I TREE TO BE REMOVED INCLUDING ROOT BALL " r ROW NUMBER: 1 1213 4 5 6 7 8 9 10 11 /I1314 15161718192 212223242526272829303132333435_ 18+00 19+00 21+ 21+88 _ r - k CHATEAU FRESNO AVE NAME: DATE: SCALE IN FEET DEPARTMENT OF PUBLIC WORKS AND PLANNING DESIGNED. T.LAIRD 12/24 AREA TO BE GRADED 5%DRAINING TO THE NORTH/NORTHWEST TREE REMOVAL EXHIBIT 45 ®90 HOUGHTON CANAL BRIDGE DRAWN: T.LAIRD 12/24 F- TREENINE TO BE REMOVED ON CHATEAU FRESNO AVE R 30F3 co County of Fresno DEPARTMENT OF PUBLIC WORKS AND PLANNING 1856� STEVEN E. WHITE, DIRECTOR PR --- January 30, 2025 Contract No. 24-22-C ADDENDUM NO. 2 to HOUGHTON CANAL AT N CHATEAU FRESNO AVENUE TREE REMOVAL, revising the Bidding and Contract Documents as follows: TABLE OF CONTENTS No changes NOTICE TO BIDDERS No changes SPECIAL PROVISIONS Section 17-3.01 E Construction DELETE: Trees with a diameter at breast height greater than 12": The Contractor must remove and properly dispose of all branches, logs, trunks, stumps, and tree debris caused by tree removal operations. All stumps must be ground down, and the root balls removed as stated in this special provisions. Debris generated from stump grinding activities must be disposed of properly. All areas disturbed by tree removal and disposal operations must be restored as close as possible to pre-project condition. REPLACE with: Trees with a diameter at breast height greater than 12": The Contractor must remove and properly dispose of all branches, logs, trunks, stumps, and tree debris caused by tree removal operations. Root balls of trees shall be removed as stated in these special provisions. All areas disturbed by tree removal and disposal operations must be restored as close as possible to pre-project condition. ADD between paragraphs 3 and 4: Grapevines: The Contractor must remove and properly dispose of all branches, logs, trunks, stumps, and vine debris caused by removal operations. Vines may be cut and ground down or grubbed at the Contractor's option_ Any debris generated from stump grinding activities must be disposed of properly_ All areas disturbed by vine removal and disposal operations must be restored as close as possible to pre-project condition. Section 17-3.01 F Tree Removal/Trimming Rule ADD between paragraphs 8 and 9: Grapevines: At the Contractor's option, vines may be grubbed or cut and ground down to a minimum of six (6) to eight (8) inches below the adjacent ground level, unless otherwise specified by the Engineer. Addendum No. 2 HOUGHTON CANAL AT N CHATEAU FRESNO AVENUE TREE REMOVAL Contract No. 24-22-C Page 1 of 2 FEDERAL REQUIREMENTS No changes PROJECT DETAILS No changes PROPOSAL/BID BOOK: PAPER No changes PROPOSAL/BID BOOK: BID EXPRESS No changes AGREEMENT No changes PLANS No changes END OF ADDENDUM NO. 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. 01/30/25 Date Signed ,??,OF E Q`\ C'0 No.C80424 C/V q t� OF- CALF Supervising Engineer: Joseph C. Harrell, PE C80424 FRESNO COUNTY Department of Public Works and Planning m/a 2220 Tulare Street, Suite 720 Fresno, CA 93721-2106 Addendum No. 2 HOUGHTON CANAL AT N CHATEAU FRESNO AVENUE TREE REMOVAL Contract No. 24-22-C Page 2 of 2 TABLE OF CONTENTS COVER SHEET COUNTY ADOPTION AND ACKNOWLEDGMENT Engineer's Signature NOTICE TO BIDDERS SPECIAL PROVISIONS STATE / FEDERAL REQUIREMENTS Federal Requirements for Federal Aid Construction Projects Federal Forms PROJECT DETAILS / DRAWINGS Location Map Tree Removal Exhibit Tree Removal Lists Advance Notification Sign Drawing Pacific Gas and Electric Co. PG&E Green Book Section 4.10.1(C) and Figure 4-42 Fresno County Encroachment Permit Encroachment Permit Performance Bond Self-Dealing Transactions Disclosure Form BID BOOK Bidder's Declaration Bid Form Abbreviations Used Signature Page Noncollusion Declaration Public Contract Code Subcontractor List General Requirements for In-Use Off-Road Diesel-Fueled Fleets Certifications DBE Forms Bidder's List of Subcontractors Guaranty AGREEMENT Agreement Exhibit A— Required Federal Aid Contract Language (Exhibit 12-G and Form 1273) Exhibit B — Minimum Federal Wage Rates Determination Contract Number 24-22-C COUNTY ADOPTION AND ACKNOWLEDGEMENT PROJECT: HOUGHTON CANAL AT N CHATEAU FRESNO AVENUE TREE REMOVAL CONTRACT NUMBER: 24-22-C Date Signed: 14/01/25 AL Steve White(Jan 14,2025 17:04 PST) Steven E. White, Director Department of Public Works and Planning q?,QFESSIO Date Signed. 14/01/25 k9C `2� o(I No.C80424 C/V OF CALF Supervising Engineer: Joseph C. Harrell, PE C80424 FRESNO COUNTY Department of Public Works and Planning m/a 2220 Tulare Street, Suite 720 Fresno, CA 93721-2106 COUNTY OF FRESNO STATE OF CALIFORNIA NOTICE TO BIDDERS Sealed proposals will be received at: https://www.bidexpress.com/businesses/36473/home and at the Fresno County Department of Public Works and Planning (Department), Office of the Design Engineer, Seventh Floor, Fresno County Plaza Building, 2220 Tulare Street, Fresno, CA 93721 until 2:00 P.M., (1400 hours and 00 seconds) Thursday, February 6, 2025 If you have any questions about bid submission, please contact us at DesignServices(a-)-fresnocountyca.gov or call (559) 353-4919 or (559) 600-4543. Promptly following the closing of the bidding all timely submitted bids will be publicly opened and viewable via a livestream (the link for which will be posted at http://www.fresnocountyca.gov/planholders) for construction in accordance with the project specifications therefor, to which special reference is made as follows: HOUGHTON CANAL AT N CHATEAU FRESNO AVENUE TREE REMOVAL N. CHATEAU FRESNO AVENUE, 0.5 MILES SOUTH OF BELMONT AVENUE FEDERAL PROJECT NUMBER: BRLO-5942(237) CONTRACT NUMBER 24-22-C The work to be done consists, in general, of the removal and proper disposal of 242 almond trees, 222 grapevines, and one additional tree, including the root ball, located within the project limits of the Houghton Canal Bridge Replacement Project on N Chateau Fresno Avenue. Additional work will also include removing any abandoned components of irrigation systems, cleaning up debris after tree removal, and grading to keep property owners' flood irrigations systems fully functional. Complete all work for submittals and ordering materials/equipment within 15 working days (Specifications Special Provisions Section 8-1.04B). The County of Fresno affirms that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation. Bidders are advised that, as required by federal law, Disadvantaged Business Enterprise (DBE) requirements are included in Section 2, "Bidding," under subsection 2-1.12 "Disadvantaged Business Enterprises". The DBE Contract Goal is 14 percent. This project is subject to the federal suspension and debarment requirements (2 CFR, part 180). No contract shall be awarded to a contractor who has been debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR, part 200) also apply to this project. This project is subject to the "Buy America" provisions of the Surface Transportation Assistance Act Of 1982 as amended by the Intermodal Surface Transportation Efficiency Act Of 1991. This project is subject to the Cargo Preference Act and implementing regulations (46 CFR Part 381) to the Federal Highway Program. This project is subject to the contracting requirements and implementing regulations as amended in Title 13, Section 2449 General Requirements for In-Use Off-Road Diesel-Fueled Fleets, of the California Code of Regulations (13 CCR § 2449(i)). Bidders must submit a valid Certificate of Reported Compliance (CRC) issued by the California Air Resources Control Board at the time of bidding. Bidders are responsible for submitting their listed subcontractors' CRCs and any supporting documentation within five (5) calendar days of bid opening. Failure to submit the required CRCs may render a bid non-responsive. Bidders may fill out a Request to be Added to Planholders list: https://www.fresnocountyca.gov/Departments/Public-Works-and-Planning/Construction-Bidding- Opportunities/Request-to-Be-Added-to-the-Planholders-List-Form Requesters will then be listed as a planholder for the project on the website and receive notifications and addenda issued for the project. Prospective bidders may also select the project on www.BidExpress.com. Those that demonstrate interest in the project will be added to the planholders list, and receive notifications and addenda issued for the project. Planholder and exchange/publication names may be obtained from the Fresno County website at http://www.fresnocountyca.gov/planholders. Electronic copies, in ".pdf" file format, of the official project specifications, bid books and proposal sheets, such additional supplemental project information as may be provided, are available to view, download, and print at http://www.fresnocountyca.gov/planholders. If a bidder is unable to submit a bid via Bid Express, Bid Books, which contain bid proposal sheets necessary to submit a bid, may be obtained within the Specifications documents posted on the Fresno County website. Electronic bids shall be submitted via the Bid Express website. Hardcopy bids shall be submitted in a sealed envelope addressed to the Department and labeled with the name of the bidder, contract number, name of the project, and the statement "Do Not Open Until The Time Of Bid Opening." Contract Number 24-22-C Notice to Bidders - 2 Bid security in the amount of ten (10) percent of the amount of the bid, and in the form of a bid bond issued by an admitted surety insurer licensed by the California Department of Insurance, cash, cashier's check or certified check shall accompany the bid. You must either attach an electronic bid bond or provide an original bid bond (or other form of bid security authorized by Public Contract Code section 20129(a)), prior to the bid opening. Bid security shall be made in favor of the County of Fresno. Hardcopy bid bonds shall be submitted in a sealed envelope addressed to the Department and labeled with the name of the bidder, contract number, name of the project, and the statement "Do Not Open Until The Time Of Bid Opening — BID BOND." A Summary of Bids and a list of subcontractors for the apparent low bidder will be posted at the above listed website, generally within 24 hours of the Bid Opening. All questions regarding this project shall be in writing and shall be received by the Department of Public Works and Planning, Design Division, no later than 2:00 P.M. on the seventh (7th) calendar day before bid opening. Any questions received after this deadline will not receive a response unless the Department of Public Works and Planning elects to issue an addendum to revise the bid opening date. In the event that the bid opening date is revised, the deadline for questions will be extended to no later than 2:00 P.M. on the seventh (7th) calendar day before the revised bid opening date. Questions shall be submitted on the "Request for Clarification Form" provided on our website: http://www.fresnocountyca.gov/Departments/Public-Works-and-Planning/Construction-Bidding- Opportunities/24-22-C-Houghton-Canal-at-N-Chateau-Fresno-Avenue-Tree-Removal/Request-for- Clarification-Form Any changes to, or clarification of, the project plans and specifications shall be in the form of a written addendum issued to planholders of record. Questions that prompt a change or clarification shall be included in the addendum with the subsequent answer. Any oral explanation or interpretations given to this project are not binding. No contract will be awarded to a contractor who has not been licensed in accordance with the provisions of the Contractors State License Law, California Business and Professions Code, Division 3, Chapter 9, as amended, or whose bid is not on the proposal form included in the contract document. A valid California Contractor's License, Class A (General Engineering), C-27 (Landscaping Contractor), or C-49 (Tree and Palm Contractor), is required for this project. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at County of Fresno, Department of Public Works and Planning, 2220 Tulare Street, Sixth Floor, Fresno CA 93721-2104 and available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov/DLSR/PWD. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contract Number 24-22-C Notice to Bidders - 3 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code section 12990. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are set forth in General Decision Number CA20250018, Dated 1110/2025, which is incorporated in these special provisions by this reference as if fully set forth herein and which can be viewed at https://SAM.gov, under CA20250018. Said Federal wage rates, as well as project plans, special provisions, and bid forms, may also be examined at the County of Fresno office described in the preceding paragraph. Addenda to modify the reference to Federal minimum wage rates to reflect revisions thereto, if necessary, will be issued to planholders of record. Attention is directed to the provisions in the "Federal Requirements" section of these specifications. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience)or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question. The U.S. Department of Transportation (DOT) provides a toll-free "hotline" service to report bid rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m. and 5:00 p.m., Eastern Time, Telephone No. 1-800-424-9071. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report these activities. The "hotline" is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. This project requires 0 trainees. Bids are required for the entire work described herein. Bids will be compared on the basis of the cumulative sum of the bid amounts listed for the individual line items. The successful bidder shall furnish a faithful performance bond in the amount of 100 percent of the contract amount and a payment bond in the amount of 100 percent of the contract amount. Each bond specified in this Notice (bid bond, faithful performance bond and payment bond) shall meet the requirements of all applicable statutes, including but not limited to those specified in Public Contract Code section 20129 and Civil Code section 3248. Contract Number 24-22-C Notice to Bidders - 4 Each bond specified in this Notice shall be issued by a surety company designated as an admitted surety insurer in good standing with and authorized to transact business in this state by the California Department of Insurance, and acceptable to the County of Fresno. Bidders are cautioned that representations made by surety companies will be verified with the California Department of Insurance. Additionally, the County of Fresno, in its discretion, when determining the sufficiency of a proposed surety company, may require the surety company to provide additional information supported by documentation. The County generally requires such information and documentation whenever the proposed surety company has either a Best's Key Rating Guide of less than A and a financial size designation of less than VIII. Provided, however, that the County expressly reserves its right to require all information and documentation to which the County is legally entitled from any proposed surety company. Pursuant to Public Contract Code section 22300, substitution of securities for any moneys withheld by the County of Fresno to ensure performance under the contract shall be permitted. The Department of Public Works and Planning reserves the right to reject any or all bids. Department of Public Works and Planning, County of Fresno Steven E. White, Director of Public Works and Planning Issue Date: January 14, 2025 Contract Number 24-22-C Notice to Bidders - 5 Special Provisions Contract Number 24-22-C DIVISION I GENERAL PROVISIONS 1 GENERAL 1-1.01 GENERAL Add to the beginning of Section 1: The work is done in accordance with the 2023 Standard Specifications, 2023 Standard Plans and the following special provisions. Where these special provisions indicate to replace, add to, delete, delete from, or otherwise modify a "section,"or a portion thereof, the section or portion thereof to which such modification is to be applied is the section or portion thereof with the corresponding numbering in the 2023 Standard Specifications. Revised standard plans apply if listed on the "List of Revised Standard Plans," if any, in these special provisions; or if shown or referenced on the project plans or in the project details section of the book entitled "Specifications." In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions. Add to the 1st table of section 1-1.06: SJVAPCD San Joaquin Valley air pollution control district METS Caltrans Material Engineering and Testing Services Add to section 1-1.06: Abbreviations in the Bid Items and Applicable Sections are also used in the Bid Item List - Proposal 2. Add or Replace items in Section 1-1.07 with: Authorized Facility Audit List: Caltrans-developed list of facilities. For the Authorized Facility Audit List, go the METS website. Authorized Material List: Caltrans-developed list of authorized materials. For the Authorized Material List go to the METS website. Authorized Material Source List: Caltrans-developed list of authorized source materials. For the Authorized Material Source List go to the METS website. Bid Item List: List of bid items, units of measure, and the associated quantities. The verified Bid Item List is the Bid Item List with verified prices. The Contract Proposal (Proposal 2)of Low Bidder at the Department's website is the verified Bid Item List. After contract award, interpret a reference to the Bid Item List as a reference to the verified Bid Item List. Caltrans: State of California Department of Transportation County: The County of Fresno Department: The Fresno County Board of Supervisors and its authorized representatives. District Office: County of Fresno Department of Public Works and Planning Director: Department's Chairman Engineer: The County's Director of Public Works and Planning, acting through their authorized designees. federal-aid contract: Contract that has a federal-aid project number on the cover of the Specifications. holiday: Holiday shown in the following table: Holidays Holida Date observed Every Sunday Every Sunda New Year's Day January 1s' Birthday of Martin Luther King, Jr. 3rd Monday in January Presidents' Day 3rd Monday in February Cesar Chavez Day March 31 s' Memorial Day Last Monday in May Juneteenth June 191h Independence Day July 41h Labor Day 1st Monday in September Veterans Day November 111h Thanksgiving Day 4th Thursday in November Day after Thanksgiving Day Day after Thanksgiving Da Christmas Day December 251' If January 1st, March 31st, June 19th, July 4th, November 11th, or December 25th fall on a Sunday, the Monday following is a holiday. If January 1st, March 31st, July 4th, November 11th, or December 25th fall on a Saturday, the preceding Friday is a holiday. Office engineer: The Director of Public Works and Planning for the County of Fresno permanent erosion control establishment period: Number of working days shown in Section 8-1.04 for permanent erosion control establishment work. plans: Standard plans, revised standard plans, and project plans. 1. standard plans: Drawings standard to Department construction projects. These plans are in a book titled Standard Plans. 2. revised standard plans: New or revised standard plans. These plans are listed in the List of Revised Standard Plans in a book titled Specifications. 3. project plans: Drawings specific to the project, including authorized shop drawings. These plans also include a section titled Project Details of a book titled Specifications. specifications: Standard specifications, revised standard specifications, and special provisions. 1. standard specifications: Specifications standard to Department construction projects. These specifications are in a book titled Standard Specifications. 2. special provisions: Specifications specific to the project. These specifications are in a section titled Special Provisions of a book titled Specifications. Replace Section 1-1.08 with: 1-1.08 DISTRICTS Not Used Add to the end of Section 1-1.09 This project is not in a freeze-thaw area. Replace Section 1-1.10 with: 1-1.10 PAVEMENT CLIMATE REGIONS To help account for the effects of various climatic conditions on pavement performance, the State has been divided into 9 climate regions. The project's pavement climate region is Inland Valley. Replace Section 1-1.11 with: 1-1.11 WEBSITES, ADDRESSES, AND TELEPHONE NUMBERS Websites, Addresses, and Telephone Numbers Reference or agency or department unit Website Address Telephone no. Authorized https://dot.ca.gov/program Material Lists s/engineering- Authorized services/authorized- Material Source materials-lists Lists CA Unified Certification https:Hcaliforniaucp.dbesy Program's list of stem.com certified DBEs California https:Hdot.ca.gov/program MUTCD s/safety- -- -- ro rams/camutcd https://www.fresnocountyc 2220 Tulare Street Department Design Division —Seventh Floor (559)600-9908 a.gov Fresno, CA 93721 Department of Conservation, http://www.conservation.c Office of Mine a.gov/dmr Reclamation Department of 455 Golden Gate Ave Industrial http://www.dir.ca.gov San Francisco CA 94102 -- Relations Design Tel: (559) 353- Services- 4919 Contract https: 2220 Tulare Street Fax:(559)455- Administration, a.gov/planholders ountyc Design Division —Seventh Floor 4609 Email: Planholders, a.gov/planholders Fresno, CA 93721 DesignServices(c-) Bid Results fresnocountyca.g ov Division of Major Construction Payment and Accounting, Information Unit Office of https://dot.ca.gov/program Office of External Accounts Payable External s/accounting Division of Accounting (916)227-9013 Accounts Department of Transportation Payable P.O. Box 168043 Sacramento, CA 95816-8043 Division of http://www.dot.ca.gov/hq/c Construction onstruc/ Geotechnical Services Geotechnical https:Hdot.ca.gov/program Department of Transportation (g16)227-7000 Services s/engineering-services 5900 Folsom Blvd Sacramento, CA 95819-4612 Materials Engineering and Testing https:Hdot.ca.gov/program Services METS s/engineering-services Department of Transportation (916)227-7000 5900 Folsom Blvd Sacramento, CA 95819-4612 https://dot.ca.gov/program MPQP s/construction/material- -- -- lant- ualit - ro ram Director of Public Works & Planning Office Engineer __ Fresno County cn (559)600-4078 2220 Tulare St, 8 Floor Fresno, CA 93721 Office of Electrical Office of Electrical Systems Regional Systems Transportation Management Center Regional -- 3165 Gold Valley Dr Transportation Rancho Cordova, CA 95742 Management Center MSC 9-4/41 Offices of Documents Unit Offices of Structure Structure Design (916)227-0716 Design, Department of Transportation Documents Unit 1801 30th St Sacramento, CA 95816-7006 Publication Unit Publication Department of Transportation Distribution Unit 1900 Royal Oaks Dr Sacramento, CA 95815-3800 Replace Section 1-1.12 with: 1-1.12 MISCELLANY Make checks and bonds payable to the County of Fresno. 2 BIDDING Replace Section 2-1.04 with: 2-1.04 PREBID OUTREACH MEETING Section 2-1.04 applies if a mandatory prebid meeting is shown on the Notice to Bidders. The Department may conduct a meeting to provide access to the site and/or discuss the project in the presence of County staff. Each bidder must attend the meeting. The bidder's representative must be a company officer, project superintendent, or project estimator. For a joint venture, one of the parties must attend the mandatory prebid meeting. The Department does not accept a bid from a bidder who did not attend the meeting. A sign-in will be used to identify the attendees. Each bidder must include the name and title of the company representative attending the meeting. The Department may hold a single prebid meeting for more than one contract. Sign in for the contract you intend to bid on. If you are bidding on multiple contracts, sign-in for each contract you intend to bid on. The sign-in lists, with the names of all companies in attendance at each prebid meeting, will be made available at the website shown on the Notice to Bidders for bidder inquiries. Replace Section 2-1.06 with: 2-1.06 BID DOCUMENTS 2-1.06A General The Bid book includes bid forms and certifications and are available online at http://www.BidExpress.com and in the Specifications. The Specifications includes the Notice to Bidders, project details, special provisions, Bid book, and agreement. The Specifications, project plans, and any addenda to these documents may be accessed at the planholders website at https://www.fresnocountyca.gov/planholders. The Standard Specifications and Standard Plans may be accessed online at https://www.fresnocou ntVca.gov/files/sharedassets/cou my/v/2/pu bl ic-works-and- planning/design/construction-bidding-opportunities/2023-standard-specs.pdf 2-1.06B Supplemental Project Information The Department makes the following supplemental project information available: Supplemental Project Information Where Available Description Included in Project Details Location Map • Tree Removal Exhibit • Tree Removal Lists • Advance Notification Sign Drawing • Pacific Gas and Electric Co. PG&E Green Book Section 4.10.1(C) and Figure 4-42 • Fresno County Encroachment Permit • Encroachment Permit Performance Bond If as-built drawings are available, they may not show existing dimensions and conditions. Where new construction dimensions are dependent on existing bridge dimensions, verify the field dimensions and adjust the dimensions of the work to fit the existing conditions. Replace Section 2-1.12B(2)with: 2-1.12B(2) DBE Commitment Submittal Submit DBE information under section 2-1.33. Submit a copy of the quote from each DBE shown on the DBE Commitment form that describes the type and dollar amount of work shown on the form no later than 4 p.m. on the 5th calendar day after bid opening. If a DBE is participating as a joint venture partner, submit a copy of the joint venture agreement. Failure to submit a completed DBE Confirmation form and a copy of the quote from each DBE will result in disallowance of the DBE's participation. Replace Section 2-1.15 with: 2-1.15 RESERVED Replace Section 2-1.18 with: 2-1.18 RESERVED Replace Section 2-1.27 with: 2-1.27 RESERVED Replace Section 2-1.33 with: 2-1.33 BID DOCUMENT COMPLETION AND SUBMITTAL 2-1.33A General Complete forms in the Bid book. Certain bid forms must be submitted with the bid and properly executed. Certain other forms and information must be submitted either with the bid or within the prescribed period after bid opening as specified elsewhere in these special provisions. Failure to submit the forms and information as specified results in a nonresponsive bid. If an agent other than the authorized corporation officer or a partnership member signs the bid, file a Power of Attorney with the Department either before opening bids or with the bid. Otherwise, the bid may be nonresponsive. Electronic Bids: Complete and submit the bid online at http://www.BidExpress.com (Section 2-1.33). Your electronic signature is your confirmation of and agreement to all certifications and statements contained in the Bid book. On forms and certifications that you submit through the electronic bidding service, you agree that each form and certification where a signature is required is deemed as having your signature. Hardcopy Bid: Submit a hardcopy bid: 1. Under sealed cover 2. Marked as a bid 3. Identifying the contract number and the bid opening date 4. Use ink or typewriter 2-1.33B Bid Item List and Bid Comparison Submit a bid based on the bid item quantities the Department shows on the Bid Item List(Proposal 2). Bids will be evaluated and the low bidder determined as indicated in the Notice to Bidders. Do not submit an unbalanced bid. An unbalanced is a bid is one in which one or more bid items is/are considered by the Department to have been bid at an amount that is unreasonably high or unreasonably low. A bid may be considered to be non-responsive and may be rejected if it is considered by the Department to be unbalanced. 2-1.33C Bid Document Completion Proposal items are identified by title and by the word "Proposal'followed by the number assigned to the proposal item in question. Proposal items are included in the Bid Book. 2-1.33C(1) Proposal 1 - Proposal to the Board of Supervisors of Fresno County 2-1.33C(2) Proposal 2 - Bid Item List One or more sheet(s)or list(s) upon which the bidder completes the bid. Fill out completely including a unit price and total for each unit price-based item and a total for each lump sum item. Do not make any additions such as "plus tax", "plus freight', or conditions such as "less 2% if paid by 15th". Use ink or typewriter for paper bids. 2-1.33C(3) Proposal 3 - Evaluation of Bid Item List Describes how inconsistences and irregularities are evaluated and corrected when Design Services reviews the Bid Item List. 2-1.33C(4) Proposal 4 - Bid Security and Signature Submit one of the following forms of bidder's security equal to at least 10 percent of the bid: • Cash • Cashier's check • Certified check • Signed bidder's bond by an admitted surety insurer Indicate type of bid security provided. • Cash—Acceptable but not recommended. Cash is deposited in a clearing account and is returned to bidders by County warrant. This process may take several weeks. • Cashier's or Certified Checks. This type of security is held until the bid is no longer under consideration. If submitted by a potential awardee, they will be returned when the contract is fully executed by the bidder and bonds and insurance have been approved. • Bid Bonds - Must be signed by the bidder and by the attorney-in-fact for the bonding company. Provide notarized signature of attorney-in-fact accompanied by bonding company's affidavit authorizing attorney-in-fact to execute bonds. An unsigned bid bond will be cause for rejection. Bonding companies may provide their own bid bond forms. Bid Security and Signature sections must be completed by the bidder and submitted with their bid. Provide contractor's license information. State business name and if business is a: • Corporation - list officers • Partnership- list partners • Joint Venture- list members; if members are corporations or partnerships, list their officers or partners. • Individual - list Owner's name and firm name style Signature of Bidder-the following lists types of companies and corresponding authorized signers. • Corporation - by an officer • Partnership- by a partner • Joint Venture- by a member • Individual - by the Owner If signature is by a Branch Manager, Estimator, Agent, etc., the bid must be accompanied by a power of attorney authorizing the individual to sign the bid in question or to sign bids more generally, otherwise the bid may be rejected. Business Address - Firm's Street Address Mailing Address - P.O. Box or Street Address Complete, sign, and return with bid. 2-1.33C(5) Proposal 5 - Noncollusion Declaration Must be completed, signed, and returned with bid. 2-1.33C(6) Proposal 6 - Public Contract Code Section 10285.1 Statement Select"has"or"has not" in accordance with instructions on form, return with completed for with bid. Note that signing the bid constitutes signing this statement. 2-1.33C(7) Proposal 7 - Public Contract Code Section 10162 Questionnaire And Public Contract Code 10232 Statement Select: "yes" or"no" accordance with instructions on form, include explanation if"yes" is selected. Return completed form with bid. Note that signing the bid constitutes signing this questionnaire and statement. 2-1.33C(8) Proposal 8 -Subcontractors Sheet(s) or spaces where bidders list subcontractors. List each subcontractor to perform work in an amount in excess of 1/2 of 1 percent of the total bid or$10,000, whichever is greater (Pub Cont Code § 4100 et seq.). The Subcontractor List submitted with the bid must show the name, location of business, work portions to be performed, Department of Industrial Relations registration number, and the contractor's license number for each subcontractor listed. • Use subcontractor's business name style as registered with the License Board. • Specify the city in which the subcontractor's business is located and the state if other than California. • Description of the work to be performed by the subcontractor. Indicate with bid item numbers from the bid item list and/or work descriptions similar to those on bid item list. • List contractor's license number and Department of Industrial Relations registration number for each subcontractor. Upon request from Design Services, provide the following additional information within 24 hours of bid opening if not included on the Subcontractor List submitted with the bid: • Complete physical address for each subcontractor listed. • Percentage of the total bid or dollar amount associated with each subcontractor listed. 2-1.33C(9) Proposal 9 -Title 13, California Code of Regulations §2449(i) General Requirements for In-Use Off-Road Diesel-Fueled Fleets Contractors, if applicable, must submit valid Certificates of Reported Compliance with their bid. Subcontractor certificates will be due no later than 4:00 p.m. on the fifth (5th)calendar day after the bid opening if not submitted with the bid. 2-1.33C(10) Proposal 10 - Certification With Regard To The Performance Of Previous Contracts Or Subcontracts Subject To The Equal Opportunity Clause And The Filing Of Required Reports For a Federal-aid contract, complete, sign, and return with bid. Certification of proposed subcontractors is the responsibility of the Bidder and must be provided to the County upon request. 2-1.33C(11) Proposal 11 - Title 49, Code Of Federal Regulations, Part 29 Debarment And Suspension Certification For a Federal-aid contract, complete, sign, and return with bid. Certification of proposed subcontractors is the responsibility of the Bidder and must be provided to the County upon request. 2-1.33C(12) Proposal 12 -Nonlobbying Certification For Federal-Aid Contracts For a Federal-aid contract, complete, sign, and return with bid. 2-1.33C(13) Proposal 13(a) through Proposal 13(b) -Disclosure Of Lobbying Activities For a Federal-aid contract, complete, sign, and return with bid. 2-1.33C(14) Exhibit 15-G Local Agency Bidder DBE Commitment(Construction Contracts) — Proposal 14(a) through Proposal 14(b) For a Federal-aid contract, bidders must complete and submit so that it is received by Design Services, no later than 4:00 PM on the fifth (5th) calendar day after the bid opening if not submitted with the bid. 2-1.33C(15) Exhibit 9-1 DBE Confirmation— Proposal 15 For a Federal-aid contract, bidders shall provide to Design Services written confirmation from each DBE that the DBE is participating in the Contract. Exhibit 9-I: DBE Confirmation and the DBE's quote must be submitted. The written confirmation must be submitted no later than 4:00 PM on the fifth (5th) calendar day after the bid opening if not submitted with the bid. 2-1.33C(16) Exhibit 15-H DBE Information— Good Faith Efforts— Proposal 16(a)through Proposal 16(c) For a Federal-aid contract, if you did not meet the DBE goal, bidders must complete and submit so that it is received by Design Services no later than 4:00 PM on the fifth (5th) calendar day after the bid opening if not submitted with the bid. 2-1.33C(17) Exhibit 12-B Bidder's List of Subcontractor(DBE and Non-DBE)— Proposal 17(a) through Proposal 17(b) For a Federal-aid contract, bidders must submit so that it is received by Design Services, no later than 4:00 PM on the fifth (5th) calendar day after the bid opening if not submitted with the bid. Fill out as completely as possible 2-1.33C(18) Not Used 2-1.33C(19) Guaranty— Proposal 19 Does not need to be signed with the bid. Part of the contract which must be signed by the contractor when contract is executed. 2-1.33D Electronic Bid Document Completion Electronic versions of the bid book documents are available online at http://www.BidExpress.com, and may be submitted through that website. You must either attach an electronic bid bond or provide an original bid bond (or other form of bid security authorized by Public Contract Code Section 20129(a)), prior to the bid opening. Bidders submitting online may use one of the accepted electronic sureties (SurePath or Tinubu)to submit their bid bond; or may submit cash, cashier's check, certified check, or a bidder bond to Design Services at 2220 Tulare St., Seventh Floor, Fresno, CA 93721. Those submitting bid bonds directly to Design Services must submit their bid bond: 1. Under sealed cover 2. Marked as a bid-bond 3. Identifying the contract number and the bid opening date on the cover Replace Section 2-1.34 with: 2-1.34 BIDDER'S SECURITY Submit one of the following forms of bidder's security equal to at least 10 percent of the bid: 1. Cash 2. Cashier's check 3. Certified check 4. Signed bidder's bond by an admitted surety insurer Submit cash, cashier's check, certified check, or bidder's bond with your bid. Replace Section 2-1.40 with: 2-1.40 BID WITHDRAWAL 1. An authorized agent may withdraw a bid before the bid opening date and time by submitting a written bid withdrawal request at the location where the bid was submitted. Withdrawing a bid does not prevent you from submitting a new bid. An authorized agent is an individual authorized to submit a bid. 2. After the bid opening time, you cannot withdraw a bid. 2-1.46 DEPARTMENT'S DECISION ON BID The Department's decision on the bid amount is final. The Department may reject: 1. All bids 2. A nonresponsive bid Replace Section 2-1.47 with: 2-1.47 BID RELIEF The Department may grant bid relief under Pub Cont Code § 5100 et seq. Submit any request for bid relief via email to Design Services at the address listed in the table in Section 1-1.11. Add Section 2-1.51: 2-1.51 DISCLOSURE OF SELF-DEALING TRANSACTIONS This provision is only applicable if the contractor is operating as a corporation (a for-profit or non-profit corporation)or if during the term of this agreement, the contractor changes its status to operate as a corporation. Members of the contractor's Board of Directors shall disclose any self-dealing transactions that they are a party to while contractor is providing goods or performing services under this agreement. A self-dealing transaction shall mean a transaction to which the contractor is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self- dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form which is included in Project Details of these special provisions. In the event that the Contractor(to whom the project is awarded) is operating as a corporation or incorporates during the course of the construction contract, and any member of its board of directors is engaged or intends to become engaged in self-dealing transaction(s), each member of its board of directors who is engaged or intends to become engaged in a self-dealing transaction or transactions must complete and submit to the County a completed Self-Dealing Transaction Disclosure Form (in Project Details)for each such transaction prior to engaging therein or immediately thereafter. 3 CONTRACT AWARD AND EXECUTION Replace Section 3 with: 3-1.01 GENERAL Section 3 includes specifications related to contract award and execution. 3-1.02 CONSIDERATION OF BIDS 3-1.02A General Bids will be compared on the basis listed in the Notice to Bidders. 3-1.02B Tied Bids The Department breaks a tied bid with a coin toss. 3-1.03 CONTRACTOR REGISTRATION No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 3-1.04 CONTRACT AWARD 3-1.04A BID PROTEST PROCEDURES Any bid protest must be submitted in writing and delivered by the Bidder by either of the following means: (1)via e-mail to Des ignServices(a)fresnocountyca.gov; or(2)via certified mail, return receipt requested to the following address: Design Division, Department of Public Works and Planning, 2220 Tulare Street, Sixth Floor, Fresno, CA 93721. The bid protest must be received no later than 5:00 p.m. of the seventh (71h) calendar day following the bid opening for any issues found within the bid itself, or 5:00 p.m. of the third (3'd) calendar day following the deadline for submittal of the specific bid document(s) placed at issue by the protest. Any Bidder filing a protest is encouraged to submit the bid protest via e-mail, because the deadline is based on the Department's receipt of the bid protest. A bid protest accordingly may be rejected as untimely if it is not received by the deadline, regardless of the date on which it was postmarked. The Bidder's compliance with the following additional procedures also is mandatory: a. The initial protest document shall contain a complete statement of the grounds for the protest, including a detailed statement of the factual basis and any supporting legal authority. b. The protest shall identify and address the specific portion of the document(s)forming the basis for the protest. c. The protest shall include the name, address and telephone number of the person representing the protesting party. d. The Department will provide a copy of the initial protest document and any attached documentation to all other Bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. e. The Board of Supervisors will issue a decision on the protest. If the Board of Supervisors determines that a protest is frivolous, the party originating the protest may be determined to be irresponsible and that party may be determined to be ineligible for future contract awards. f. The procedure and time limits set forth herein are mandatory and are the Bidder's sole and exclusive remedy in the event of a bid protest. Failure by the Bidder to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including the subsequent filing of a Government Code Claim or legal proceedings. 3-1.04B AWARD PERIOD If the Department awards the contract, the award is made to the lowest responsible bidder within 54 calendar days after bid opening. The Department may extend the specified award period if the bidder agrees. You may request to extend the award period by faxing a request to Design Services before 4:00 p.m. on or before the last day of the award period. If you do not make this request, after the specified award period: 1. Your bid becomes invalid 2. You are not eligible for the award of the contract 3-1.05 CONTRACT BONDS (PUB CONT CODE §§ 10221 AND 10222) The successful bidder must furnish 2 bonds conforming to the requirements in the Agreement of these special provisions. 3-1.06 CONTRACTOR LICENSE For a federal-aid contract, the Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Pub Cont Code § 10164). For a non-federal-aid contract: 1. Contractor must be properly licensed as a contractor from bid opening through Contract acceptance (Bus & Prof Code § 7028.15) 2. Joint venture bidders must obtain a joint venture license before contract award (Bus & Prof Code § 7029.1) 3-1.07 INSURANCE POLICIES The successful bidder must submit copies of its insurance policies conforming to the requirements in the Agreement of these special provisions. 3-1.08—3-1.10 RESERVED 3-1.11 PAYEE DATA RECORD Complete and deliver to the Engineer a Payee Data Record form when requested by the Engineer. 3-1.12 RESERVED 3-1.13 FORM FHWA-1273 For a federal-aid contract, form FHWA-1273 is included with the Contract form in the documents sent to the successful bidder for execution. Comply with its provisions. Interpret the training and promotion section as specified in section 7-1.11A. 3-1.14-3-1.17 RESERVED 3-1.18 CONTRACT EXECUTION The successful bidder must sign the Agreement. Deliver to Design Services: 1. Signed Agreement including the attached form FHWA-1273 2. Contract bonds 3. Documents identified in section 3-1.07 4. For a federal-aid contract, Local Agency Bidder-DBE Information form Design Services must receive these documents before the 10th business day after the bidder receives the contract. The bidder's security may be forfeited for failure to execute the contract within the time specified (Pub Cont Code §§ 10181, 10182, and 10183). 3-1.19 BIDDERS' SECURITIES The Department keeps the securities of the 1st, 2nd, and 3rd low bidders until the contract has been executed. The other bidders' securities, other than bidders' bonds, are returned upon determination of the 1st, 2nd, and 3rd low bidders, and their bidders' bonds are of no further effect (Pub Cont Code § 10184). 4 SCOPE OF WORK Replace Section 4-1.02 with: 4-1.02 INTENT The Contract intent is to provide for work completion using the best general practices. Nothing in the specifications, special provisions, Standard Specifications, or in any other Contract document voids the Contractor's public safety responsibilities. Replace Section 4-1.07D with: 4-1.07D Reserved Replace the last paragraph of Section 4-1.13 with: Remove warning, regulatory, and guide signs when directed by the Engineer. 5 CONTROL OF WORK Delete the last paragraph of Section 5-1.01 Add the following before the last sentence in Section 5-1.02: Caltrans Standard Plans, County of Fresno Standard Drawings, and any other other-agency Standard Drawings included in the "Project Details" section of the book entitled "Specifications" have the same ranking as Standard Plans." All other drawings in the "Project Details" section of the book entitled "Specifications" have the same ranking as Project Plans. Tables and other documents in the "Project Details" section of the book entitled "Specifications" have the same ranking as Special Provisions. If a portion of a document in the Project Details section conflicts with the Special Provisions, the Special Provisions shall prevail. Replace Section 5-1.09 with: 5-1.09 RESERVED Replace Section 5-1.12 with: 5-1.12 ASSIGNMENT The performance of the Contractor or any Contract part may be assigned only with prior written consent from the Department. To request consent, submit a Contractor Action Request—Assignment of Contract Performance form. The Department does not consent to any requested assignment that would relieve you of your surety of the responsibility to complete the work or any part of the work. No third-party agreement relieves you or your surety of the responsibility to complete the work. Do not sell, transfer, or otherwise dispose of any Contract part without prior written consent from the Department. If you assign the right to receive Contract payments, the Engineer accepts the assignment upon the Engineer's receipt of a Contractor Action Request—Assignment of Contract Monies, Assignee Change of Name/Address form. Assigned payments remain subject to deductions and withholds described in the Contract. The Department may use withheld payments for work completion whether payments are assigned or not. A pending or disapproved request for assignment does not relieve you of the responsibility to commence and pursue work timely and in strict accordance with contract documents. Replace Section 5-1.13C with: 5-1.13C RESERVED Replace Section 5-1.13D with: 5-1.13D RESERVED Add the following paragraph to the end of section 5-1.16: Submit Daily Log records to the Engineer weekly for the entire course of work unless the Engineer requests another interval. Replace Section 5-1.20B(4)with: 5-1.20B(4) Contractor—Property Owner Agreement Before procuring material from or disposing or stockpiling of material on non-highway property: 1. Provide proof that the property where materials are to be stockpiled or equipment parked/stored is appropriately zoned and/or permitted for the use proposed by the Contractor. 2. Obtain written authorization from each and every owner of the property where materials are to be stockpiled or equipment parked/stored. 3. Provide proof that the signor(s)of the authorization are the owners of the property. 4. Provide an executed release from the property owner(s) absolving the Department from any and all responsibility in connection with the stockpiling of materials or parking/storage of equipment on said property. 5. Obtain written permission from the Engineer to stockpile materials or park/store equipment at the location designated in said authorization. Before Contract acceptance, submit a document signed by the owner of the material source or disposal site stating that the Contractor has complied with the Contractor-owner agreement. Failure by the Contractor to provide written authorization shall result in the withholding of all funds due to the Contractor until said authorization is received by the County. Replace Section 5-1.20C with: 5-1.20C Railroad Relations If the Contract includes an agreement with a railroad company, the Department makes the provisions of the agreement available in Project Details in the document titled "Railroad Relations and Insurance Requirements." Comply with the requirements in the document. Replace Section 5-1.23A with: 5-1.23A General Section 5-1.23 includes specifications for action and informational submittals. Any submittal not specified as an informational submittal is an action submittal. Submit action and informational submittals to the Engineer. Unless otherwise specified in these Specifications, submittals shall be provided via email in .pdf format. Each submittal must have a cover sheet that must include: 1. Contract number 2. Project Name 3. Date 4. Submittals (and resubmittals if applicable) must be numbered sequentially 5. Structure number if applicable 6. Contractor 7. Person responsible for submitting the submittal 8. Signature of Contractor's representative sending submittal 9. Section number and/or item submittal is referencing 10. Pages of submittal, excluding cover sheet The Department rejects a submittal if it has any error or omission. If the last day for submitting a document falls on a Saturday or holiday, it may be submitted on the next business day with the same effect as if it had been submitted on the day specified. Documents must be submitted in the English language. Convert documents to US customary units. Replace the first paragraph of Section 5-1.23B(2)(b) with: If specified, email electronic shop drawing and calculation sheet submittals to the Engineer. Replace Section 5-1.24 with: 5-1.24 CONSTRUCTION SURVEYS The Engineer places stakes and/or marks as the Engineer determines to be necessary to establish the lines and grades required for the work. Submit your request for Engineer-furnished stakes: 1 Once staking area is ready for stakes 2. On a Request for Construction Stakes form After your submittal, the Engineer starts staking within 2 working days. Preserve stakes and marks placed by the Engineer. If the stakes or marks are destroyed, the Engineer replaces them at the Engineer's earliest convenience and deducts the cost. Replace Section 5-1.27E with: 5-1.27E CHANGE ORDER BILLS Maintain separate records for change order work costs. Replace Section 5-1.32 with: 5-1.32 AREAS FOR USE Occupy the highway only for purposes necessary to perform the work. Defend, indemnify, and hold the Department harmless to the same extent as under section 7-1.05. The Department does not allow temporary residences within the County right-of-way. Replace Section 5-1.43A with: 5-1.43A General Minimize and mitigate the impacts of work or events for which you will make a potential claim. For each potential claim assign an identification number determined by chronological sequencing and the 1st date of the potential claim. Use the identification number for each potential claim on the: 1. Initial Potential Claim Record form 2. Supplemental Potential Claim Record form 3. Full and Final Potential Claim Record form Failure to comply with this procedure is: 1. Waiver of the potential claim and a waiver of the right to a corresponding claim for the disputed work in the administrative claim procedure 2. Bar to arbitration (Pub Cont Code § 10240.2) Replace the word "State" with "Department" in the 3rd paragraph of Section 5-1.43D. Replace the word "Department's" with "Caltrans" in the 6tn paragraph of Section 5-1.43E(1)(a). Replace the word "Department" with "Caltrans" where it appears in Section 5-1.43E(2)(a). Replace the word "Department" with "Caltrans" where it appears in Section 5-1.43E(3)(a). 6 CONTROL OF MATERIALS Replace section 6-1.05 with: 6-1.05 SPECIFIC BRAND OR TRADE NAME AND SUBSTITUTION Unless substitution is expressly precluded in the special provisions, a reference to a specific brand or trade name establishes a quality standard and is not intended to limit competition. Unless the Department has made a public interest finding expressly authorizing sole source procurement of a particular item, you may use a product that is equal to or better than the specified brand or trade name if authorized. Submit a substitution request with a time period that: 1. Follows Contract award 2. Allows 30 days for review 3. Causes no delay Include substantiating data with the substitution request that proves that substitution: 1. Causes no delay 2. Is of equal or better quality and suitability If the special provisions disallow substitution of a particular item, provide the specified item and do not propose substitution. Replace Section 6-1.06 with:. 6-1.06 RESERVED 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Add after the last paragraph of Section 7-1.02C: The following information is provided for the Contractor's information, and nothing herein or elsewhere within these special provisions shall be construed as limiting the Contractor's responsibility for complying with all applicable rules and regulations. In conformance with Title 13 § 2449(i), between March 1 and June 1 of each year, new valid Certificates of Reported Compliance for the current compliance year, as defined in section 2449(n)for the Contractor and all applicable subcontractors must be submitted. Submit new valid Certificates of Reported Compliance to the Engineer at least one week prior to the expiration date of the current certificate. Replace the 2"d Paragraph of Section 7-1.02K(2)with: The general prevailing wage rates and any applicable changes to these wage rates are available: 1. From Design Services 2. From the Department of Industrial Relations'Web site Add to the list in the second paragraph of Section 7-1.02K(3)with: 1.10. Fringe Benefits Place the contents of Section 7-1.04 under the heading: 7-1.04 PUBLIC SAFETY 7-1.04A General Replace the 7th paragraph in Section 7-1.04A with: Provide flaggers whenever necessary to ensure that the public is given safe guidance through the work zone. Replace the 111" paragraph in Section 7-1.04A with: Cover signs that direct traffic to a closed area. Add to the end of Section 7-1.04A: Where 2 or more lanes in the same direction are adjacent to the area where the work is being performed, including shoulders, the adjacent lane must be closed under any of the following conditions: 1. Work is off the traveled way but within 6 feet of the edge of the traveled way, and the approach speed is greater than 45 miles per hour 2. Work is off the traveled way but within 3 feet of the edge of the traveled way, and the approach speed is less than 45 miles per hour Closure of the adjacent traffic lane is not required when performing any of the following: 1. Working behind a barrier 2. Paving, grinding, or grooving 3. Installing, maintaining, or removing traffic control devices except Type K temporary railing Do not reduce an open traffic lane width to less than 10 feet. When traffic cones or delineators are used for temporary edge delineation, the side of the base of the cones or delineators nearest to traffic is considered the edge of the traveled way. Add the following to the end of Section 7-1.04: 7-1.04B WORK ZONE SAFETY AND MOBILITY 7-1.04B(1) POLICY In order to ensure safe and efficient flow of traffic through work zones, the County of Fresno, via its General Plan, Transportation and Circulation Element, Policy TRA-1, has adopted the use of AASHTO Standards as supplemented by Caltrans and County Department of Public Works and Planning Standards. 7-1.04B(2)TRAFFIC MANAGEMENT PLAN Perform traffic management shall be in accordance with Section 12, "TEMPORARY TRAFFIC CONTROL,"of these special provisions. 7-1.04B(3)TEMPORARY TRAFFIC CONTROL PLAN Prepare traffic control plan(s) in accordance with Section 12, "TEMPORARY TRAFFIC CONTROL," of these special provisions. 7-1.04B(4)PUBLIC INFORMATION Provide notice to public agencies and others to the extent required, if any, elsewhere in these special provisions. The Engineer provides other noticing not identified to be performed by the Contractor. Replace the word "State" with "County" where it occurs in Section 7-1.05C. Replace the word "State" with "Department" in the 11t paragraph of Section 7-1.06B. Replace the word "State" with "County" in the 5th paragraph of Section 7-1.06C. Replace the word "State" with "the Department' in Section 7-1.0611)(1). Replace Section 7-1.06D(2)with: 7-1.06D(2) Liability Limits/Additional Insureds Refer to the Agreement of these special provisions Additional insured coverage must be provided by a policy provision or by an endorsement providing coverage at least as broad as Additional Insured(Form B) endorsement form CG 2010 and CG 2037 (for completed operations), as published by the Insurance Services Office (ISO), or equivalent form as approved by the Department. Replace the word "State" with "County" in Section 7-1.06D(3). Replace the word "State" with "County" in Section 7-1.06D(4). Replace Section 7-1.06E with: 7-1.06E Automobile Liability Insurance Comply with requirements in the Agreement of these special provisions. Replace Section 7-1.06G with: 7-1.06G NOT USED Replace Section 7-1.06H with: 7-1.06H Enforcement The Department may assure your compliance with your insurance obligations. 30 days before an insurance policy lapses, expires, or is canceled during the Contract period you must submit to the Department evidence of renewal or replacement of the policy. If you fail to maintain any required insurance coverage, the Department may maintain this coverage and withhold or charge the expense to you or terminate your control of the work. Any failure to comply with the reporting provisions of your policy shall not affect coverage provided to the Department, including its officers, directors, agents (excluding agents who are design professionals), and employees. You are not relieved of your duties and responsibilities to indemnify, defend, and hold harmless the County, its officers, agents, and employees by the Department's acceptance of insurance policies and certificates. Minimum insurance coverage amounts do not relieve you for liability in excess of such coverage, nor do they preclude the County from taking other actions available to it, including the withholding of funds under this Contract. Replace Section 7-1.061 with: 7-1.061 Self-Insurance Comply with the Agreement of these special provisions. Add to the beginning of Section 7-1.0713: This section applies to seal coat projects. Add Section 7-1.07C: 7-1.07C Claims This section applies to non-seal coat projects which involve asphalt concrete paving. Pay for claims for personal property damage caused by your work. Claims are limited to: 1. 10 percent of the total bid Within 30 days of the last working day placement of hot mix asphalt, do the following: 1. Process and resolve all claims reported or submitted to you by the public as follows: 1.1. Within 3 business days of receipt of a claim, submit to the Department a copy of the claim, a written analysis of the claim, and a statement indicating whether or not you will pay the claim. If you reject a claim, provide the reasons for rejection in writing. 1.2. If the claimant becomes dissatisfied with your handling of the claim, immediately refer the claimant to the local district claims office for assistance in resolving the claim. 2. Submit to the Department evidence of your paid claims. All claims presented to the Department, (Govt Code § 900 et seq.) are processed and resolved by the Department as follows: 1. The claims are processed as formal government claims subject to all laws and policies and are resolved as the Department determines including referring the claim to you for handling. 2. If the Department approves settlement of a claim or is ordered to pay pursuant to a court order, the claim is paid from funds withheld from you. 3. Within 3 business days of the Department's determination that you are responsible for resolving the claim, the Department sends a copy of the claim to you for resolution or notifies you of the Department's decision to resolve the claim. The Department withholds an amount not to exceed 5 percent of the total bid to resolve all claims. The amount is held no longer than 60 days following the last working day so that the Department has ample time to resolve any pending claims. After 60 days, any remaining amount withheld is returned to you. If no withheld funds remain or have been returned, the Department may pay any claims and seek reimbursement from you through an offset or any other legal means. Any reimbursement or offset to be recovered from you, including all other paid claims, is limited to 10 percent of the total bid. Section 7-1.07C does not limit your obligation to defend and indemnify the Department. 8 PROSECUTION AND PROGRESS Replace Section 8-1.01 with: 8-1.01 GENERAL Section 8 includes specifications related to prosecuting the Contract and work progress. 8-1.01A Work Hours Perform all work on working days during daytime. Plan work so that all construction operations performed each day, including cleanup of the project site, establishment of appropriate traffic control and any other work necessary for the safety of the public shall be completed within the daytime hours. Do not perform work during nighttime unless approved by the Engineer Request approval to work during nighttime in writing and include the appropriate traffic control plan(s)and work plan(s)which clearly identify all provisions for illuminating all portions of the work site, including any flagging operations. If you fail to complete work during the daytime hours, the Engineer may stop all work upon the onset of nighttime and order you to perform any and all work the Engineer deems necessary to ensure the safety of the public during the nighttime hours. You are not entitled to any additional compensation or extension of the contract time as a result of the Engineer stopping the work due to the onset of nighttime. Replace the 1st paragraph of Section 8-1.02B(1)with: No pay item is provided for Level 1 Critical Path Project Schedule. Payment is considered to be included in the various items of work including revisions and time analysis. Add to the end of the list in the 4' paragraph of Section 8-1.02B(3)with: 3. Time Impact Analysis (Refer to Section 8-1.02C(8)(b)for description) Replace Section 8-1.02C with: 8-1.02C Reserved except for 8-1.02C(8)(b) Replace Section 8-1.04 with: 8-1.04 START OF JOB SITE ACTIVITIES 8-1.04A General Provide signed contracts, bonds, and evidence of insurance timely as required. This section, 8-1.04, "Start of Job Activities," does not modify remedies available to the Department should you fail to provide signed contracts bonds and insurance timely. Submit a notice 72 hours before starting job site activities. If the project has more than 1 location of work, submit a separate notice for each location. You may start job site activities before receiving notice of Contract approval if you: 1. Deliver the signed Contract, bonds, and evidence of insurance to the Department 2. Submit 72-hour notice 3. Are authorized by the Department to start 4. Perform work at your own risk 5. Perform work under the Contract If the Contract is approved, work already performed that complies with the Contract is authorized. If the Contract is not approved, leave the job site in a neat condition. If a facility has been changed, restore it to its former condition or an equivalent condition. The Department does not pay for the restoration. 8-1.04B Standard Start Be prepared to begin work at the project site no later than the 20th business day after award of the Contract by the Department. The Engineer may issue a notice to proceed as soon as the Contracts, including bonds and insurance certificates, have been approved. Start work on the day shown in the notice to proceed, unless an early start has been approved. The Engineer may issue a notice of commencement of contract time if you fail to provide Contracts, including bonds and insurance certificates or other required documents timely. A notice of commencement of contract time does not authorize you to start work on the project site, but contract time begins to elapse on the date shown in the notice of commencement of contract time. Complete all work within the number of working days specified in the Notice to Bidders. Start the work from the date shown in said Notice to Proceed, or in the Notice of Commencement of Contract Time, whichever was issued first. Complete all work, including corrective work and punch list work, prior to the expiration of the allotted working days. Working days continue to accrue until corrective work and punch list work is completed and accepted. Pay to the County of Fresno the sum of TWO THOUSAND EIGHT HUNDRED ($2,800.00) per day for each and every calendar day's delay in finishing the work, including corrective work and punch list work, in excess of the total number of working days prescribed above. Replace the 111 paragraph in Section 8-1.05 with: Contract time starts on the day specified in the notice to proceed or in the notice of commencement of contract time as described in section 8-1.04 or on the day you start job site activities, whichever occurs first. Replace the 3rd and 41' paragraph including the table in Section 8-1.10A with: Liquidated damages are specified in section 8-1.04. Replace the word "State's" with "County's" in Section 8-1.14A. 9 PAYMENT Add Section 9-1.01A: 9-1.01A COMPENSATION The bid items shown in the bid item list represent full compensation for performing all work. Full compensation for any work for which there is no bid item shall be considered to be included in the various items of work. Delete paragraphs 11-14 of Section 9-1.03. Add after the 6t" paragraph of Section 9-1.03: Notwithstanding anything to the contrary in these special provisions, full compensation for performing all work as shown, as specified, and as directed by the Engineer is considered to be included in the various bid items, and no additional payment will be made, except pursuant to a contract change order to perform work not shown and/or specified. If one or more bid item(s) is/are not included, perform the work as shown and as specified and payment therefor is considered to be included in the various items of work. Replace the last paragraph of Section 9-1.03 with: Pay your subcontractors within 10 days of receipt of each progress payment under Pub Cont Code §§ 10262 and 10262.5. Replace Section 9-1.07 with: 9-1.07 PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS Not Used. Replace Section 9-1.16F with: 9-1.16F Retentions The Department, once in each month, shall cause an estimate in writing to be made by the Engineer. The estimate shall include the total amount of work done and acceptable materials furnished, provided the acceptable materials are listed as eligible for partial payment as materials in the special provisions and are furnished and delivered by the Contractor on the ground and not used or are furnished and stored for use on the contract, if the storage is within the State of California and the Contractor furnishes evidence satisfactory to the Engineer that the materials are stored subject to or under the control of the Department, to the time of the estimate, and the value thereof. The estimate shall also include any amounts payable for mobilization. Daily extra work reports furnished by the Contractor less than 5 calendar days, not including Saturdays, Sundays and legal holidays, before the preparation of the monthly progress estimate shall not be eligible for payment until the following month's estimate. The amount of any material to be considered in making an estimate will in no case exceed the amount thereof which has been reported by the Contractor to the Engineer on State-furnished forms properly filled out and executed, including accompanying documentation as therein required, less the amount of the material incorporated in the work to the time of the estimate. Only materials to be incorporated in the work will be considered. The estimated value of the material established by the Engineer will in no case exceed the contract price for the item of work for which the material is furnished. The Department shall retain 5 percent of the estimated value of the work done and 5 percent of the value of materials so estimated to have been furnished and delivered and unused or furnished and stored as aforesaid as part security for the fulfillment of the contract by the Contractor. The Department will not hold retention for mobilization or demobilization. The Department shall pay monthly to the Contractor, while carrying on the work, the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No monthly estimate or payment shall be required to be made when, in the judgment of the Engineer, the work is not proceeding in accordance with the provisions of the contract. No monthly estimate or payment shall be construed to be an acceptance of any defective work or improper materials. Attention is directed to the prohibitions and penalties pertaining to unlicensed contractors as provided in Business and Professions Code Sections 7028.15(a) and 7031. Add Section 9-1.23: 9-1.23 RESOLUTION OF CONTRACT CLAIMS Public works contract claims of three hundred seventy-five thousand dollars ($375,000)or less which arise between a Contractor and a local public agency shall be resolved in accordance with the provisions of California Public Contract Code Sections 20104-20104.6, inclusive. In addition, California Public Contract Code Section 9204 requires that the procedure established therein shall apply to all claims (as therein defined)filed by a contractor in connection with a public works project. Accordingly, this contract expressly incorporates all of the terms and conditions of those statutory provisions, which are as follows: California Public Contract Code Section 9204 (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100)of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A)A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000)of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3)(A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) "Public entity" shall not include the following: (i)The Department of Water Resources as to any project under the jurisdiction of that department. (ii)The Department of Transportation as to any project under the jurisdiction of that department. (iii)The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv)The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v)The Military Department as to any project under the jurisdiction of that department. (vi)The Department of General Services as to all other projects. (vii)The High-Speed Rail Authority. (4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D)Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B)Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4)Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2)a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. California Public Contract Code Sections 20104—20104.6 Section 20104 (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240)of Chapter 1 of Part 2. (b)(1) "Public work" means "public works contract" as defined in Section 1101 but does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for(A)a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or(C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. Section 20104.2 For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910)of Part 3 of Division 3.6 of Title 1 of the Government Code. Section 20104.4 The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10)of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act(Title 4 (commencing with Section 2016.010)of Part 4 of the Code of Civil Procedure)shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10)of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. Section 20104.6 (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. 12 TEMPORARY TRAFFIC CONTROL Replace Section 12-1.04 with: 12-1.04 FLAGGING COSTS You pay the cost of furnishing all flaggers, including transporting flaggers and furnishing stands and towers for flaggers to provide for the passage of traffic through the work as specified in sections 7-1.03 and 7-1.04. Replace Section 12-2 with: 12-2 PROJECT SPECIFIC FUNDING SIGNS 12-2.01 CONSTRUCTION ADVANCED NOTIFICATION SIGNS (ANS) 12-2.01A GENERAL Details for construction ANS are in Project Details. Keep construction ANS clean and in good repair at all times. 12-2.01 B MATERIALS Provide Construction ANS, barricades, and mounting hardware. Barricades must be Type II and comply with section 12-3.10. Sign panels for construction ANS must be framed, single sheet aluminum panels complying with section 82-2. The background on construction project funding signs must be Type II retroreflective sheeting on the Authorized Material List for signing and delineation materials. The legend must be retroreflective, except for nonreflective black letters and numerals. The colors blue and orange must comply with PR Color no. 3 and no. 6, respectively, as specified in the Federal Highway Administration's Color Tolerance Chart. 12-2.01C CONSTRUCTION Mount construction ANS to barricades. Provide and Install construction ANS at the locations designated by the Engineer 7 days before starting major work activities visible to highway users. Upon completion and acceptance of the work, the signs shall be removed and become the property of the Contractor. 12-2.01D PAYMENT The costs associated with Construction ANS are considered to be included in the Traffic Control bid item. Replace the 3rd paragraph of Section 12-3.01C with: If ordered, furnish and place additional temporary traffic control devices. This work is not change order work if: 1. Required to conform with your traffic control plan 2. Required to conform with the MUTCD 3. Necessary for public safety or convenience as determined by the Engineer 4. Required to perform staged construction shown on the plans Replace the last paragraph of Section 12-3.03C with: Moving plastic traffic drums from location to location if ordered after initial placement is not change order work if: 1. Required to conform with your traffic control plan 2. Required to conform with the MUTCD 3. Necessary for public safety or convenience as determined by the Engineer 4. Required to perform staged construction shown on the plans Replace the last paragraph of Section 12-3.10C with: Moving a barricade from location to location is change order work if ordered after initial placement of the barricade unless. 1. Required to conform with your traffic control plan 2. Required to conform with the MUTCD 3. Necessary for public safety or convenience as determined by the Engineer 4. Required to perform staged construction shown on the plans Replace Section 12-3.11 B(5)(b)with: 12-3.11 B(5)(b) Construction Project Funding Identification Signs Reserved Replace the word "Department's" with the word "Caltrans" in the 1st paragraph of Section 12- 3.20A(4)(a). Replace the last paragraph of Section 12-3.20C(1) with: If the Engineer orders a lateral move of temporary barrier system and repositioning is not shown, the lateral move is change order work unless: 1. Required to conform with your traffic control plan 2. Required to conform with the MUTCD 3. Necessary for public safety or convenience as determined by the Engineer 4. Required to perform staged construction shown on the plans Replace the 2"d paragraph of Section 12-3.20C(2)(c) with: Install K rail as shown in the project plans. Replace the last paragraph of Section 12-3.31 C with: Moving portable flashing beacons from location to location if ordered after initial placement is change order work unless: 1. Required to conform with your traffic control plan 2. Required to conform with the MUTCD 3. Necessary for public safety or convenience as determined by the Engineer 4. Required to perform staged construction shown on the plans Replace the 2"1 paragraph of Section 12-3.35B(6)with: Provide any software on a CD or other Engineer-authorized data-storage device to the Engineer. Add before the V paragraph of Section 12-3.41A(1): Section 12-3.41 is used when shown in the Bid Item List. Replace Section 12-4.02A(3)(a)with: 12-4.02A(3)(a) General The Contractor shall prepare and submit to the County Construction Engineer for approval, a traffic control system plan indicating the means and methods he will employ to institute and maintain traffic control for all phases of the work within the project. The traffic control system plan shall be submitted to the County Construction Engineer as early as possible, preferably five (5) working days prior to pre- construction meeting. The Engineer will require five (5)working days to review the initial submittal of the traffic control system plan and an additional five (5)working days for each successive review. No work at the project site whatsoever, including preparatory work such as the installation of construction project funding signs, shall commence until the traffic control system plan has been approved in writing by the Engineer. In the event that the traffic control system plan is not submitted timely, the Engineer may issue a notice of commencement of contract time prior to approval of the traffic control system plan, and working days will begin to accrue against the allotted contract time. Late submittal of the traffic control plan or revisions thereafter required, due to the inadequacy of the plan, shall not be accepted as justification for the delay in the start of the working days for the project. It shall be the Contractor's responsibility to provide, install, maintain, and remove any and all detour signage and traffic control devices and to obtain all permits, including permits from Caltrans, as may be necessary to establish detours as part of the contractor's traffic control plan. Traffic will not be allowed to be limited to one direction when construction activities are not actively in progress. Providing, installing, maintaining, and removing all traffic control, including portable changeable message signs if required, obtaining and complying with all permits, and providing all traffic control operations shall be the responsibility of the contractor, and no additional compensation will be allowed therefor. Replace Section 12-4.02A(3)(b)with: 12-4.02A(3)(b) Closure Schedules One-way traffic shall be controlled through the project in accordance with the California Manual MUTCD and Caltrans Standard Plans T-11 and T-13 entitled "Traffic Control System for Lane Closure on Multilane Conventional Highways" and "Traffic Control System for Lane Closure on Two Lane Conventional Highways," and these special provisions. Night closure will not be permitted. When traffic is under one way control on unpaved areas, the cones shown along the centerline on the plan need not be placed. Every Monday by noon, submit a closure schedule request for planned closures for the next week. The next week is defined as Sunday at noon through the following Sunday at noon. Submit a closure schedule request 5 days before the anticipated start of any job site activity that reduces: 1. Horizontal clearances of traveled ways, including shoulders, to 2 lanes or fewer due to activities such as temporary barrier placement and paving 2. Vertical clearances of traveled ways, including shoulders, due to activities such as pavement overlays, overhead sign installation, or falsework girder erection Submit closure schedule changes, including additional closures, by noon at least 3 business days before a planned closure. Cancel closure requests at least 48 hours before the start time of the closure. The Department notifies you of unauthorized closures or closures that require coordination with other parties as a condition for authorization. Replace Section 12-4.02A(3)(d)with: 12-4.02A(3)(d) Traffic Break Schedule Not Used. Replace Section 12-4.02C(1)with: 12-4.02C(1) General Work that interferes with traffic is limited to the hours when closures are allowed. Do not reduce an open traffic lane width to less than 10 feet. If traffic cones or delineators are used for temporary edge delineation, the side of the base of the cones or delineators nearest to traffic is considered the edge of the traveled way. Discuss the contingency plan for any activity that could affect the closure schedule with the Engineer at least 5 business days before starting the activity requiring the plan. The Engineer may reschedule a closure that was canceled due to unsuitable weather. Traffic will be controlled by flagmen by eyesight, radio (walkie talkie) or baton. In the event these methods do not work satisfactorily, as determined by the Engineer, a pilot car will be required. The Engineer may require a pilot car to be used during earthwork operations in preparation of the grading plane or other operations when the Contractor's operations cover an area beyond the line of sight, or beyond the range of radios or when the baton method does not function satisfactorily. You may use automated flagger assistance devices to enhance the traffic control system for a lane closure on a two-lane convention highway, except if a bid item for automated flagger assistance devices is shown in the Bid Item List, the use of AFADs is required. Do not use automated flagger assistance devices: 1. On multi-lane highways 2. As a substitute or a replacement for a temporary traffic control signal 3. If the devices impair access for pedestrians and bicycles, unless alternate access is provided 4. If the usable shoulder area is not wide enough to place a trailer mounted device 5. If the distance between the devices is more than 800 feet, except when each device is controlled by a separate operator and radio communication is available between the AFAD operators Replace Section 12-4.02C(2)with: 12-4.02C(2) Not Used Replace Section 12-4.02C(3)with: 12-4.02C(3) Closure Requirements and Charts 12-4.02C(3)(a) General Where 2 or more lanes in the same direction, including the shoulders, are adjacent to the area where the work is being performed, close the adjacent lane under any of the following conditions: 1. Work is off the traveled way but within 6 feet of the edge of the traveled way, and the approach speed is greater than 45 mph 2. Work is off the traveled way but within 3 feet of the edge of the traveled way, and the approach speed is less than 45 mph Closure of the adjacent traffic lane is not required during any of the following activities: 1. Work behind a barrier 2. Paving, grinding, or grooving 3. Installation, maintenance, or removal of traffic control devices except for temporary railing 12-4.02C(3)(b) - 12-4.02C(3)(n) Reserved 12-4.02C(3)(o) Closure of Conventional County Roads The type and location of signs, lights, flags, flagmen, and other traffic control and safety devices shall be in accordance with the current edition of the California Manual on Uniform Traffic Control Devices (MUTCD) issued by the State of California, Department of Transportation (Caltrans). Allow public traffic to pass through construction at all times unless otherwise specified herein. Provide access to properties abutting the project site at all times. When directed by the Engineer, traffic shall be routed through the work under one-way control. Under one-way reversing traffic control operations, public traffic may be stopped in one direction for periods not to exceed 10 minutes. Lane closure is defined as the closure of a traffic lane or lanes within a single traffic control system. No work that would require a lane closure shall be performed. Keep driveways and access roads accessible at all times. Maintain vehicular access to the channel bank access roads at all times. 12-4.02C(3)(p)-12-4.02C(3)(s) Reserved Replace Section 12-4.02C(7)(d)with: 12-4.02C(7)(d) Reserved Replace the word "Department's" with "Caltrans" in Section 12-4.02C(9)(a)(iv). Replace section 12-4.02C(9)(d) with: 12-4.02C(9)(d) Payment You pay the cost of furnishing all flaggers, including transporting flaggers and furnishing stands and towers for flaggers to provide for the passage of traffic through the work as specified in sections 7-1.03 and 7-1.04. Add before the 111 paragraph of Section 12-4.02C(10): Section 12-4.02C(10) is used when Pickup Truck Mounted Changeable Message Sign is shown in the Bid Item List. Replace item 3.6.1 in the list in Section 12-4.02C(11)(a)(iii)(B)with: Not Used Replace item 5 in the list in Section 12-4.02C(11)(a)(iv)(C)with: Not Used Replace Section 12-4.02C(11)(d)with: 12-4.02C(11)(d) Payment Full payment for conforming to the requirements of this section shall be considered to be included in the Traffic Control Plan item on the Bid Items List. Replace Section 12-4.02C(14) with: 12-4.02C(14) Failure to Provide Traffic Control. If you do not provide the traffic control and it becomes necessary for the Engineer to notify you of your duties according to the Standard Specifications and these special provisions, you will pay$200 per 15- minute period or portion thereof to the County for all the time required to acquire the traffic control, including pilot car. Such payment shall commence at the time notice of the improper traffic control condition is given to you or your authorized representative by the Engineer and shall terminate when the condition is corrected. Such payment will be deducted from your payment. In addition, when it is necessary for the Engineer to perform the work, you will pay the actual cost for the performance thereof. Such amount will be deducted from your payment. This will be in addition to any penalties imposed in these special provisions. The provisions in this section will not relieve you from your responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-1.04, "Public Safety," of the Standard Specifications. Replace Section 12-4.02D with: 12-4.02D Payment The Department pays for change order work for a traffic control system by force account for increased traffic control and uses a force account analysis for decreased traffic control. Traffic control system for lane closure is paid for as traffic control system. Flagging costs are paid for as specified in section 12-1.04. The requirements in section 4-1.05 for payment adjustment do not apply to traffic control system. Adjustments in compensation for traffic control system will be made for an increase or decrease in traffic control work if ordered. A traffic control system required by change order work is paid for as a part of the change order work. Full compensation for furnishing and operating the pilot car, (including driver, radios, and any other equipment and labor required) shall be considered as included in the contract lump sum price paid for traffic control system and no further payment will be made. 13 WATER POLLUTION CONTROL Add to Section 13-1.01: STATE WATER RESOURCES CONTROL BOARD (SWRCB) NOTICE OF INTENT FILING (NOI) FEE Complete the NOI filing process started by the County on the SWRCB website using information available in the contract, field and website. The Engineer will link your plan to the project on the SWRCB website. The County of Fresno will pay the NOI filing fee. No payment will be made for overhead or processing costs related to the NOI filing. Full compensation for any overhead and processing costs will be considered to be included in the various items of work, and no separate compensation will be made therefor. The SWRCB website can be found at: https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.xhtmI Replace the word "Department" with "Caltrans" where it occurs in Section 13-1.01A. Replace the 1st paragraph of Section 13-1.01D(2)with: 13-1.01 D(2) Regulatory Requirements Comply with the discharge requirements in the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities; Order No. 2009-000 9-DWQ, CAS000002 (Construction General Permit)and any amendments thereto issued by the SWRCB. The Construction General Permit may be found at: http://www.waterboards.ca.gov/water i ss u es/prog ra ms/sto rmwater/co nstperm its.htmI Add to the end of Section 13-1.01 D(2): This Project disturbs 3.63 acres of soil. Replace Section 13-1.01 D(4)(b)with: 13-1.01 D(4)(b) Qualifications The WPC manager must: 1. Comply with the requirements provided in the Construction General Permit for: 1.1. QSP if the project requires a WPCP 1.2. QSD if the project requires a SWPPP 2. Complete the stormwater management training described at the Stormwater and Water Pollution Control Information link at the Caltrans Division of Construction website Add to the end of section 13-2.01A: This project qualifies for an erosivity waiver because the anticipated soil disturbance is at least 1 and less than 5 ac and the R-factor is less than 5. Schedule all soil-disturbing activities, such as clearing and grubbing, roadway excavation, and embankment construction, to occur from February 1, 2025 to March 1, 2025. Deviation from this schedule may void the erosivity waiver. Replace Section 13-2.04: 13-2.04 PAYMENT The Department pays for prepare water pollution control program as follows: 1. Total of 50 percent of the item total upon authorization of the WPCP 2. Total of 90 percent of the item total upon work completion 3. Total of 100 percent of the item total upon Contract acceptance Add to section 13-3.01A: This project's risk level is 1. Replace Section 13-4.03G with: 13-4.03G Dewatering Dewatering consists of discharging accumulated stormwater, groundwater, or surface water from excavations or temporary containment facilities. If dewatering is required, perform dewatering work as specified for the work items involved, such as a temporary ATS or dewatering and discharge. If dewatering and discharging activities are not specified for a work item and you perform dewatering activities: 1. Conduct dewatering activities under the Caltrans Field Guide for Construction Site Dewatering. 2. Ensure any dewatering discharge does not cause erosion, scour, or sedimentary deposits that could impact natural bedding materials. 3. Discharge the water within the project limits. Dispose of the water if it cannot be discharged within project limits due to site constraints or contamination. 4. Do not discharge stormwater or non-stormwater that has an odor, discoloration other than sediment, an oily sheen, or foam on the surface. Immediately notify the Engineer upon discovering any such condition. Replace the 2nd paragraph of Section 13-5.04 with: If there is no bid item for temporary soil stabilization measures, payment therefor is considered to be included in the bid item for prepare and implement water pollution control program or in the bid item for prepare and implement stormwater pollution prevention plan, as applicable. Replace Section 13-6.04 with: 13-6.04 PAYMENT The payment quantity for temporary sediment control bid items paid for by the length is the length measured along the centerline of the installed material. The payment quantity, if any, for temporary fiber roll does not include the additional quantity used for overlaps. The Department does not pay for the relocation of temporary drainage inlet protection during work progress. If there are no bid items for installing or maintaining temporary sediment control measures, payment therefor is considered to be included in the bid item for prepare and implement water pollution control program or in the bid item for prepare and implement stormwater pollution prevention plan, as applicable. Replace Section 13-7.03D with: 13-7.03D Payment The Department does not pay for the relocation of temporary construction entrances or roadways during work progress. If there are no bid items for installing or maintaining temporary construction entrances or roadways, payment therefor is considered to be included in the bid item for prepare and implement water pollution control program or in the bid item for prepare and implement stormwater pollution prevention plan, as applicable. Replace the 11t paragraph and the 1' line of the 2nd paragraph of Section 13-8.01C(2)with: Within 20 days of Contract approval, submit 3 copies of the ATS plan if an ATS plan is required for the project. The plan, if required, must include: Replace the word "Department's" with "Caltrans" in items 3 and 4 of the list in Section 13- 8.01 C(2). 14 ENVIRONMENTAL STEWARDSHIP Add to the 111 paragraph of section 14-6.03A: This project is within or near habitat for the regulated species shown in the following table: Regulated Species Migratory birds and birds of pre Upon discovery of a regulated species, immediately: 1. Stop all work within a 100-foot radius of the discovery 2. Notify the Engineer Replace the 2nd paragraph of section 14-6.03B with: The Department anticipates nesting or attempted nesting by migratory and nongame birds from February 1 to September 30. Do not perform vegetation removal during the nesting season until preconstruction surveys are performed. The County-supplied Biologist will perform nesting bird preconstruction surveys. If nesting birds are found, the appropriate radius will be established around the nest by the County-supplied Biologist using nest buffer signs, high visibility fencing, pin flags, and/or flagging tape. No work will commence within the protective radius until authorized. Add Section 14-6.06: Section 14-6.06 Water Quality Protection Measures 1. Notify the Engineer immediately following any accidental discharge of a reportable quantity of a hazardous material, sewage, or an unknown material (Water Code, Section 13271 and Health and Safety Code, Section 25501). 2. Notify the Engineer immediately following a violation of compliance with a water quality standard. 3. Do not discharge materials that contain oil, grease, wax, or other materials that result in a visible film or coating in any waterway during wet or dry conditions. 4. Do not discharge sediment or dust abatement chemicals into any surface waters during dust abatement activities. 5. Do not use dust abatement products or additives known to be detrimental to water quality or wildlife. 6. Keep a copy of your Water Pollution Control Program and Spill Prevention, Containment and Cleanup Plan at the project site. 7. Do not refuel equipment within 300 feet of the waterway. If critical equipment must be refueled within 300 feet of the waterway, spill prevention and countermeasures must be implemented to avoid spills. 8. Provide secondary containment including drip pans and or placement of absorbent material in refueling areas. 9. Do not store hazardous materials, pesticides, fuels, lubricants, oils, hydraulic fluids, or other construction related potentially hazardous substances within 300 feet of the waterway. 10. Remove all project waste from the site daily. 11. Clean construction equipment prior to arriving to and departing the site to reduce the spread of noxious weeds. 12. Protect all disturbed areas from washout and erosion. 13. Do not use netting material for sediment control. 14. Do not store stockpiled topsoil within 300 feet of the waterway without the approval of the Engineer. Erosion and sediment control measures must be implemented to protect the topsoil and surface waters. Replace Section 14-6.06— 14-6.10 with: 14-6.07— 14-6.10 RESERVED Add after the 3rd paragraph of section 14-10.01: Food scraps, paper wrappers, food containers, cans, bottles and all food related trash and litter must be removed from the project site at the end of each working day. Replace the 8th paragraph of section 14-10.01 with: Furnish and use closed-lid trash containers in the job-site yard, field trailers, and locations where workers gather for lunch and breaks. Replace Section 14-12.04 with: 14-12.04 RELATIONS WITH SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD) You are responsible for compliance with all applicable SJVAPCD regulations and requirements. This section is provided for your information, and nothing herein or elsewhere within these special provisions shall be construed as limiting your responsibility for complying with all applicable rules and regulations. DIVISION III EARTHWORK AND LANDSCAPE 17 GENERAL Add to end of 17-2.03C: Any trees with a trunk diameter greater than or equal to 4"will constitute as a "tree removal' and will have separate bid item. Any tree or shrub less than 4" shall be considered in the bid item for"clearing and grubbing". Replace Section 17-3 "Reserved" with: 17-3 Tree Removal 17-3.01 Tree Removal 17-3.01A GENERAL Section 17-3.01 includes all necessary supervision, labor, materials, tools, equipment, transportation and services necessary for, and incidental to performing all operations for the efficient removal of specified trees. 17-3.01 B Definitions Reserved 17-3.01C Submittals Submit a list of equipment, procedure, and labor force anticipated for use for tree removal for approval. 17-3.01 D Quality Assurance The Contractor's crew used for the removal of existing trees shall have successful experience in tree removal or a scope similar to that required for the work. 17-3.01 E CONSTRUCTION All tree removal shall conform to the guidelines of the most recent edition of the American National Standard for Tree Care Operations Pruning Standards and Best Management Practices. During the course of operation, it is the responsibility of the Contractor to clean and immediately remove any debris that may land on the road as part of the operation. Any existing drainage swales and other means and methods that convey water for drainage purposes shall be cleaned out daily. Special care must be exercised to ensure debris does not enter the road or existing swale. Almond trees: The Contractor must remove and properly dispose of all branches, logs, trunks, and tree debris caused by tree removal operations. All stumps must be cut and ground down as stated in this special provisions. Debris generated from stump grinding activities must be disposed of properly. All areas disturbed by tree removal and disposal operations must be restored as close as possible to pre- project condition. Trees with a diameter at breast height greater than 12": The Contractor must remove and properly dispose of all branches, logs, trunks, stumps, and tree debris caused by tree removal operations. All stumps must be ground down, and the root balls removed as stated in this special provisions. Debris generated from stump grinding activities must be disposed of properly. All areas disturbed by tree removal and disposal operations must be restored as close as possible to pre-project condition. All irrigation systems within the tree removal area should be inactive at this time. Should Contractor hit an active line, it is the responsibility of the Contractor to make any immediate repairs to stop any leaks that can flood the area or the road. It is the responsibility of the Contractor to repair any and all infrastructure, including but not limited to, underground and overhead utilities, structures, or other private property, survey monuments (if any), flood irrigation berms, AC dikes, and roads, if they are damaged during the course of tree removal operations. The Contractor is responsible for making arrangements with property owners for locations to stage and park equipment. If such arrangements are not made, staged and parked equipment must be located within the County of Fresno right-of-way, when not in use. At least 2 working days prior to commencement of project operations, within the street right-of-way and/or utility easements, all existing underground facilities shall have been located by Underground Services Alert(USA). It is the Contractor's responsibility to notify the USA by calling 811. All existing utilities must be protected in place throughout project operations by the Contractor. If any existing utilities are damaged during operations, the Contractor shall be responsible for all repairs. Roadway shoulders can be closed during operations with an approved traffic control plan. The contractor must understand and abide by the safety regulations by Pacific Gas and Electric Co. PG&E Green Book Section 4.10.1(C) and Figure 4-42 is included in the Project Details. 17-3.01 F Tree Removal/Trimming Rule The Contractor must not remove any trees or vines unless they are flagged and noted on the tree removal list. If additional tree removal is necessary, all trees must be approved by the Engineer prior to removal. Any removal and disposal of all tree debris generated from the operation shall be considered "post operation clearing." Grinding material and broadcasting will not be allowed. Under no circumstance will the County allow the Contractor to open pile burn any trees or slash. Chipping operations are not required for the project. If the Contractor chooses to do so, chipping operations cannot take place in County of Fresno owned properties or right-of-way. All debris generated by the felling, removal, and trimming of trees must be removed. Tree debris allowed to remain on project site after cleanup must be no greater than 2". Raking debris will not be required, but extra care must be taken for roadways and not to congest water drainage throughout the limits of this project. Any and all permits or agreements to haul large, long or heavy equipment to and from the project site through the County of Fresno right-of-way must meet all of the County of Fresno rules and regulations; and permits (if necessary) must be obtained prior to the project start-up. Almond: Stumps shall be ground to a minimum of six (6)to eight (8) inches below the adjacent ground level, unless otherwise specified by the Engineer. Trees with diameter at breast height greater than 12" shall be removed completely, including the root ball, unless otherwise specified by the Engineer. Holes created from the stump removal or grinding shall be backfilled the same day. Backfill material can either be native or stump grindings. Holes shall be compacted, present no danger to the public and must be flush to existing grade. Restoration to grade will not be paid separately, but shall be considered included as part of the tree removal bid item. Tree trunks shall be removed in sections no more than twenty-four(24) inches in length. Larger sections may be cut, if they are lowered to the ground by rope or crane. No section of the tree shall be allowed to fall freely to the ground if there is a possibility of damage to property, vegetation or injury to humans. The lower section of the trunk may be felled. 17-403C Equipment Use machinery that is in good condition with minimum tolerances between cutting blades. Ensure blades are true to their designed spade and free of bends which could interfere with its operation. The contractor shall plan and prepare for the use and positioning of the equipment as to accomplish the safe, effective and efficient removal of trees and sections. 17-4.03D Post Operation Clearing 1. Upon completion of the work, thoroughly clean up the project site. 2. Remove equipment, unused materials, deleterious material, and surplus excavated material. 3. Fine grade all disturbed areas to provide a neat and uniform site. See plans for specific grading requirements. 4. All damaged or altered existing structures, as a result of the work, shall be corrected. Lump sum payment for bid item "Post Operation Clearing" includes all labor, materials, tools, equipment, and incidentals for doing all the work involved in post clearing operations. 17-4.03E Final Acceptance Work under this section will be accepted by the Engineer upon satisfactory completion of all work. 17-4.04 PAYMENT Tree removal and stump grinding work performed and materials furnished will be paid for each tree under bid item "Remove Trees". This price is full compensation for tree removal and stump grinding and all other incidental items. Federal Requirements Contract Number 24-22-C 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. Prohibition of Certain Telecommunications and Video Surveillance Equipment and Services In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to: • Procure or obtain; • Extend or renew a contract to procure or obtain; or • Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The prohibited vendors (and their subsidiaries or affiliates) are: • Huawei Technologies Company; • ZTE Corporation; • Hytera Communications Corporation; • Hangzhou Hikvision Digital Technology Company; • Dahua Technology Company; and • Subsidiaries or affiliates of the above-mentioned companies. In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. Federal Requirements 1 Federal Forms: FHWA-1391: EEO Monitoring During the last full pay period in July, the prime contractor must complete Exhibit 16-0: Federal Aid Highway Construction Contractor's Annual EEO Report(Form FHWA-1391)for all federal aid construction contracts that are active. Note: The person who should be signing Exhibit 16-0 would either be the County Resident Engineer or the County Project Manager. Exhibit 9-P: Prompt Payment Certification The prime contractor must submit Exhibit 9-P to the County by the 15th of the month following the month of any payment(s). If the prime contractor or consultant does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report"no payments were made to subs this month" and write this visibly and legibly on Exhibit 9-P. Links provided to Caltrans forms at time of publication: • Exhibit 9-J DLA Commercially Useful Function (2023) https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTLAPM9J • Exhibit 9-K DBE Joint Check Agreement Request (2023) https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTLAPM9K • Exhibit 9-P Prompt Payment Certification (2023) https://dot.ca.gov/-/media/dot- media/programs/local-assistance/documents/lapm/c09/09pe.Asx • Exhibit 16-B Subcontracting Request (2021) https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTLAPM 16B • Exhibit 16-1 Notice of Materials to Be Used (2018) https://dot.ca.gov/-/media/dot- media/programs/local-assistance/documents/lapm/c16/16i.pdf • FHWA-1391 Federal-Aid Highway Construction Contractors Annual EEO Report (2022) hftps://www.fhwa.dot.gov/eforms/fhwal 391.pdf • Exhibit 16-Z1 Monthly DBE Trucking Verification (2018) https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/cl 6/16z1.pdf • Exhibit 17-F Final Report-Utilization of Disadvantaged Business Enterprises (DBE) and First-Tier Subcontractors (2023) https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/cl7/17f.pdf • Exhibit 17-0 Disadvantaged Business Enterprises (DBE) Certification Status Change (2015) https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/cl 7/17o.pdf Federal Requirements 2 STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION DLA DISADVANTAGED BUSINESS ENTERPRISE COMMERCIALLY USEFUL FUNCTION EVALUATION DOT LAPM 9-J(NEW 05/2023) Page 1 of 8 PROJECT DESCRIPTION DISTRICT FEDERAL PROJECT NUMBER PROJECT LOCATION COUNTY LOCAL PUBLIC AGENCY(LPA) CONTRACTOR NAME AWARD AMOUNT Complete a Commercially Useful Function (CUF)evaluation for each Disadvantaged Business Enterprise(DBE)company performing on a federal-aid contract,with or without a DBE goal. Perform the evaluation at the beginning of the DBE's work, and continue to monitor the performance of CUF for the duration of the project. EVALUATOR INFORMATION EVALUATOR'S NAME EMAIL ADDRESS EVALUATION DATE EVALUATOR'S TITLE PHONE NUMBER PRIME CONTRACTOR EVALUATION MEETING INFORMATION ❑N/A CONTRACTOR REPRESENTATIVE NAME EMAIL ADDRESS PHONE NUMBER CONTRACTOR REPRESENTATIVE TITLE DBE CONTRACT COMMITMENT DBE Total Contract Commitment DBE Company Commitment DBE Company Work Completed to Date DBE COMPANY INFORMATION DBE COMPANY NAME COMPANY EMAIL ADDRESS COMPANY PHONE NUMBER DBE COMPANY OWNER DBE ADDRESS NAICS CODES WORK CODES ADDRESS LOCATION OPEN TO THE PUBLIC? ❑ Storefront ❑ Warehouse ❑ Yard ❑Manufacturing Plant or Facility ❑ Yes ❑ No DBE REPRESENTATIVE NAME EMAIL ADDRESS PHONE NUMBER DBE REPRESENTATIVE TITLE BRIEF DESCRIPTION OF DBE'S SCOPE OF WORK(Include the bid item numberand item description) ❑ Attach a copy of subcontract agreement or purchase order as applicable. TYPE OF DBE DBE company is performing as: ❑ Prime Contractor(Section 1) ❑ Trucking (Section 2) ❑ Professional Services(Section 5) ❑ Subcontractor(Section 1) ❑ Regular Dealer(Section 3) ❑ Broker(Section 6) ❑ Tier Subcontractor(Section 1) ❑ Manufacturer(Section 4) Complete the appropriate section to document the evaluation. ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at(279)234-2284, TTY 711,in writing at Forms Management Unit, 1120 N Street,MS-89,Sacramento,CA 95814,or by email at Forms.Management.Unit@dot.ca.gov. STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION DLA DISADVANTAGED BUSINESS ENTERPRISE COMMERCIALLY USEFUL FUNCTION EVALUATION DOT LAPM 9-J(NEW 05/2023) Page 2 of 8 DISTRICT FEDERAL PROJECT NUMBER COUNTY PROJECT LOCATION CONTRACTOR NAME DBE COMPANY NAME DBE COMMERCIALLY USEFUL FUNCTION EVALUATION DETERMINATION For the DBE performing a Commercially Useful Function,the DBE CUF evaluation identified: ❑ No Deficiencies ❑ The Following Deficiencies: Number CUF Deficiency 1 SECTION QUESTION DESCRIPTION OF DEFICIENCY 2 SECTION QUESTION DESCRIPTION OF DEFICIENCY For Commercially Useful Function full credit,the DBE CUF evaluation identified: ❑ No Inadequacies ❑ The Following Inadequacies: Number CUF Inadequacy 1 SECTION QUESTION DESCRIPTION OF INADEQUACY ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at(279)234-2284, TTY 711,in writing at Forms Management Unit,1120 N Street,MS-89,Sacramento,CA 95814,or by email at Forms.Management.Unit@dot.ca.gov. STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION DLA DISADVANTAGED BUSINESS ENTERPRISE COMMERCIALLY USEFUL FUNCTION EVALUATION DOT LAPM 9-J(NEW 05/2023) Page 3 of 8 DISTRICT FEDERAL PROJECT NUMBER COUNTY PROJECT LOCATION CONTRACTOR NAME DBE COMPANY NAME DBE CUF DETERMINATION ❑ DBE is Performing a Commercially Useful Function Based on the evaluation,the DBE is performing a Commercially Useful Function. ❑ DBE is Not Performing a Commercially Useful Function Based on the evaluation,the DBE was not performing a Commercially Useful Function. EVALUATOR NAME SIGNATURE DATE CONTRACTOR CERTIFICATION ❑LPA Evaluation I certify under penalty of perjury that the information provided in this form is complete and accurate. CONTRACTOR NAME SIGNATURE DATE LPA VERIFICATION The information provided in this form has been verified to be complete and accurate. COMPLETENESS VERIFIED BY NAME- INSPECTOR SIGNATURE DATE BASED ON CERTIFIED PAYROLLS VERIFIED BY NAME-RESIDENT ENGINEER SIGNATURE DATE BASED ON ATTACHMENTS&DOCUMENTS VERIFIED BY NAME- DBE LIAISON SIGNATURE DATE NO RESPONSES&CUF DETERMINATION VERIFIED BY NAME-EMPLOYEE IN RESPONSIBLE CHARGE SIGNATURE DATE RESIDENT ENGINEER CERTIFICATION I certify that I have reviewed the information submitted in this DBE CUF evaluation and have made the following CUF determination: ❑ DBE is Performing a Commercially Useful Function ❑ DBE is Not Performing a Commercially Useful Function RESIDENT ENGINEER NAME SIGNATURE DATE ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at(279)234-2284, TTY 711,in writing at Forms Management Unit,1120 N Street,MS-89,Sacramento,CA 95814,or by email at Forms.Management.Unit@dot.ca.gov. STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION DLA DISADVANTAGED BUSINESS ENTERPRISE COMMERCIALLY USEFUL FUNCTION EVALUATION DOT LAPM 9-J(NEW 05/2023) Page 4 of 8 DISTRICT FEDERAL PROJECT NUMBER COUNTY PROJECT LOCATION CONTRACTOR NAME DBE COMPANY NAME COMPLETED EVALUATIONS SUBMITTAL Submit DBE Commercially Useful Function Evaluation to SUBMITTED BY NAME DATE the Contractor Submit DBE Commercially Useful Function Evaluation to SUBMITTED BY NAME DATE the DBE company Submit DBE Commercially Useful Function Evaluation to SUBMITTED BY NAME DATE the LPA Labor Compliance Office Submit non-compliant DBE Commercially Useful Function SUBMITTED BY NAME DATE Evaluation to LPA Resident Engineer ATTACHMENTS Record or Document File Name ❑ Subcontract Agreement ❑ Purchase Order ❑ Daily Work Records ❑ Certified Payrolls ❑ Invoices ❑ Cancelled Checks ❑ Equipment Ownership ❑ Materials on Hand ❑ Lease or Rental Agreement ❑ Haul Tickets or Bills of Lading ❑ Delivery Tickets ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at(279)234-2284, TTY 711,in writing at Forms Management Unit,1120 N Street,MS-89,Sacramento,CA 95814,or by email at Forms.Management.Unit@dot.ca.gov. STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION DLA DISADVANTAGED BUSINESS ENTERPRISE COMMERCIALLY USEFUL FUNCTION EVALUATION DOT LAPM 9-J(NEW 05/2023) Page 5 of 8 GENERAL INFORMATION • Pursuant to 49 Code of Federal Regulations(CFR)26.55, "A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved.A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation..."The purpose of this form is to provide documentation of evaluating DBEs for compliance with the CFR commercially useful function requirements. FORM • PROJECT DESCRIPTION: Enter the project description as it appears on the project advertisement(Bridge Rehab, Seismic Rehab, Overlay, etc.). • PROJECT LOCATION: Enter the project location(s)as it appears on the project advertisement. • DISTRICT: Enter the district number of the project. • FEDERAL PROJECT NUMBER: Enter the federal project number. • COUNTY: Enter the abbreviation for the county where the project is located. • LOCAL PUBLIC AGENCY:A California city,county,tribal government, or other local public agency. • CONTRACTOR NAME: Company name of the prime contractor. • AWARD AMOUNT: Contract Award without the contingency. EVALUATOR INFORMATION • EVALUATOR NAME: Name of the individual conducting the evaluation. • EMAIL ADDRESS: Evaluator's email address. • EVALUATION DATE: Date the evaluation took place with the DBE and prime contractor. • EVALUATOR TITLE: Title of the individual conducting the evaluation. • PHONE NUMBER: Evaluator's phone number. PRIME CONTRACTOR EVALUATION MEETING INFORMATION • CONTRACTOR REPRESENTATIVE: Name, email address, phone number and title of the contractor's representative attending the evaluation meeting. DBE CONTRACT COMMITMENT • DBE TOTAL CONTRACT COMMITMENT: Enter the percentage and dollar amount of the total DBE commitment on this contract. • DBE COMPANY COMMITMENT: Enter the calculated percentage and dollar amount the contractor has committed to the DBE company based on the subcontract amount or purchase order amount for materials. • DBE COMPANY WORK COMPLETED TO DATE: Enter the percentage and dollar amount of DBE completed work performed or materials supplied to date for the DBE company. DBE COMPANY INFORMATION • DBE COMPANY NAME: Enter the name of the DBE contractor, subcontractor, trucker, or materials supplier. • COMPANY EMAIL ADDRESS: Enter DBE company email address. • COMPANY PHONE NUMBER: Enter DBE company phone number. • DBE COMPANY OWNER: Enter the name of the DBE company owner. • NAISC CODES: Enter the North American Industry Classification System code for the DBE company. • WORK CODES: Enter the work codes that the DBE is certified to perform. • DBE ADDRESS: Enter the physical address of the DBE company. • ADDRESS LOCATION: Check the appropriate box for storefront, warehouse, yard, manufacturing plant, or facility. • OPEN TO THE PUBLIC: Check box either"Yes"or"No"whether the storefront,warehouse,yard, manufacturing plant,or facility is open to the public. • DBE REPRESENTATIVE: Name,email address, phone number and title of the DBE's representative attending the evaluation meeting. If there is no DBE representative attending the evaluation meeting, enter"None"in these fields. • BRIEF DESCRIPTION OF DBE'S SCOPE OF WORK: Provide a description of the work the DBE will perform or the materials that will be supplied by a DBE company. • TYPE OF DBE: Check the appropriate box for prime contractor, subcontractor,tier subcontractor,trucking, regular dealer, manufacturer, professional services, or broker based on what the DBE is performing on the contract. Select all boxes that apply for the DBE company based on scope of work. ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at(279)234-2284, TTY 711,in writing at Forms Management Unit, 1120 N Street,MS-89,Sacramento,CA 95814,or by email at Forms.Management.Unit@dot.ca.gov. STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION DLA DISADVANTAGED BUSINESS ENTERPRISE COMMERCIALLY USEFUL FUNCTION EVALUATION DOT LAPM 9-J(NEW 05/2023) Page 6 of 8 CUF DETERMINENTS Complete the appropriate section for the type of work performed or materials supplied by the DBE company as indicated by the checked box on page 1 of the form. Questions in BOLD font indicate questions that impact CUF determining factors. Questions underlined on this form are used to determine if the DBE work is eligible for full credit. For more information about CUF determining factors, refer to the"FHWA Tips of Evaluating a Commercially Useful Function"or: https://www.fhwa.dot.gov/federa I-aidessentials/com musefu nction.pdf Refer to APPENDIX B: DBE Commercially Useful Function Evaluation Instructions in the State Highway Project Procedures Disadvantaged Business Enterprise Commercially Useful Function Compliance and Monitoring Guide for completing the evaluation. The evaluation questions are based on the following requirements to determine whether a DBE is performing CUF. SECTION 1: DBE CONTRACTOR OR SUBCONTRACTOR EVALUATION Management Records or Documents • Scheduling work operations Subcontract Agreement or Purchase Order • Preparing and submitting certified payrolls DBE monthly progress reports • Full time supervisor or superintendent Daily work records • DBE must be responsible for performing its own work on the Certified payrolls project • At least 30%of the work must be performed by the DBE with its own workforce • The DBE keeps a regular workforce and has its own employees Equipment Records or Documents • The DBE owns, rents or leases equipment Invoices • The DBE may lease specialized equipment with an operator Haul tickets or bills of lading • The DBE provides the operator and is responsible for all labor Lease agreements and compliance for non-specialized equipment Daily work records • The DBE's marking or emblem is on the equipment Ownership documents, such as title, registration,vehicle identification number • Cancelled checks Materials Records or Documents • The DBE is ordering materials and invoices indicate the DBE is Invoices the customer Material on Hand documents • The DBE is determining the quality and quantity of materials Delivery tickets, haul tickets or bills of lading • The contact person is employed by the DBE Daily work records • The DBE is paying for the materials Cancelled checks • Subcontract agreement SECTION 2: TRUCKING Management Records or Documents • DBE is managing the arrangement of and scheduling the trucks Subcontract agreement or purchase order • DBE is required to own and operate at least on fully licensed, Equipment ownership, rental or lease documents insured and operational truck on the contract Payroll records Workforce List of trucks,truck unit numbers and vehicle identification numbers • DBE is allowed to lease trucks from DBEs and non-DBEs • DBE keeps a regular workforce and has its own employees • DBE is utilizing its own equipment • Operation of the equipment must be subject to the full control of the DBE ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at(279)234-2284, TTY 711,in writing at Forms Management Unit, 1120 N Street,MS-89,Sacramento,CA 95814,or by email at Forms.Management.Unit@dot.ca.gov. STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION DLA DISADVANTAGED BUSINESS ENTERPRISE COMMERCIALLY USEFUL FUNCTION EVALUATION DOT LAPM 9-J(NEW 05/2023) Page 7 of 8 CUF DETERMINENTS SECTION 3: REGULAR DEALER(60%Credit) Regular Dealer Records or Documents • The DBE has a regular trade with a variety of customers Invoices • The DBE has an inventory of the materials and supplies to be Delivery tickets or haul tickets provided on the contract Purchase order • For bulk items,the DBE both owns and operates distribution List of inventory equipment Cancelled checks • The DBE is responsible for the delivery SECTION 4: MANUFACTURER(100%Credit) Manufacturer(100%Credit) Records or Documents • Maintain a factory or establishment that produces on the • Purchase order premises the materials or supplies required on the contract • Material sources • Alter or fabricate the product • Material invoices and billing invoices • Bills of lading and shipping tickets SECTION 5: PROFESSIONAL SERVICES (100%Credit) Management Records or Documents • Scheduling work operations Invoices • Preparing and submitting certified payrolls List of equipment • Full time supervisor Cancelled checks • DBE must be responsible for performing its own work on the project • At least 30%of the work must be performed by the DBE with its own workforce • The DBE keeps a regular workforce and has its own employees SECTION 6: BROKER Performance Records or Documents • DBE broker is performing the bid item work committed to them Invoices on the DBE Commitment Form and their agreement Cancelled checks Management • For procurement of materials, supplies and trucking, DBE is scheduling procurement of materials and supplies or trucking for delivery of materials and supplies, and other related actions for performance of the work. • For bonding or insurance, DBE provided the bonds or insurance. • Preparing and submitting invoices. ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at(279)234-2284, TTY 711,in writing at Forms Management Unit, 1120 N Street,MS-89,Sacramento,CA 95814,or by email at Forms.Management.Unit@dot.ca.gov. STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION DLA DISADVANTAGED BUSINESS ENTERPRISE COMMERCIALLY USEFUL FUNCTION EVALUATION DOT LAPM 9-J(NEW 05/2023) Page 8 of 8 DBE COMMERCIALLY USEFUL FUNCTION EVALUATION FINDING If you answered "NO"to any of the bold evaluation questions on this form,you must evaluate the eligibility of the DBE to participate and receive credit for their performance of work. If you answered"NO"to any underlined questions on this form,you must evaluate whether the DBE work is eligible to receive full credit. If you are unsure of a DBE's eligibility, contact Division of Construction's Labor Compliance Program located at headquarters for guidance. • DEFICIENCIES: Describe any deficiencies found that must be corrected by the contractor to allow DBE participation and credit for the DBE on the contract. • INADEQUACY: Describe any inadequacies found that must be corrected by the contractor to allow full credit for the DBE on the contract. • EVALUATION FINDING: Check the box for either"DBE is Performing a Commercially Useful Function"or"DBE is Not Performing a Commercially Useful Function." • EVALUATOR NAME: Name of the individual conducting the evaluation. • SIGNATURE: Signature of evaluator. • DATE: Date signed by evaluator. CONTRACTOR CERTIFICATION Required when the contractor is completing the evaluation. • CONTRACTOR NAME: Name of the contractor representative. • SIGNATURE: Signature of contractor. • DATE: Date signed by contractor. LPA VERIFICATION Verification is required for completeness: DBE employees are shown on DBE certified payrolls, responses to questions based on attachments are provided, explanation of"NO" responses to questions are provided, and CUF determination is appropriate. • VERIFIED BY NAME: Name of the individual conducting the verification. • SIGNATURE: Signature of verifier • DATE: Date signed by verifier. RESIDENT ENGINEER CERTIFICATION Resident engineer reviews the evaluation and certifies either that"DBE is Performing a Commercially Useful Function"or"DBE is Not Performing a Commercially Useful Function." Discuss with the contractor any deficiency on the form and require submittal of a corrective action plan. • RESIDENT ENGINEER: Name of the resident engineer. • SIGNATURE: Signature of resident engineer. • DATE: Date signed. COMPLETED EVALUATIONS SUBMITTAL Submit completed evaluation forms to the contractor, DBE company and LPA Labor Compliance Officer and submit non-compliant evaluations with deficiencies or inadequacies to DLAE. • SUBMITTED BY: Name of individual submitting form. • DATE: Date form was submitted. ATTACHMENTS Check a box for each attachment and provide the electronic file name of the attachment. The attachment list will expand to allow for additional attachments. ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at(279)234-2284, TTY 711,in writing at Forms Management Unit, 1120 N Street,MS-89,Sacramento,CA 95814,or by email at Forms.Management.Unit@dot.ca.gov. STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION DLA DISADVANTAGED BUSINESS ENTERPRISES (DBE) JOINT CHECK AGREEMENT REQUEST DOT LAPM 9-K(NEW 05/2023) This form must be submitted and approved prior to the use of a joint check Name of Prime Contractor Contract Number Name of Contractor issuing joint check Name of DBE Contractor Name of Material Supplier Bid Item numbers and descriptions of work to be performed by DBE Who initiated the request? Reason for request Comments Information: The use of joint checks is subject to review by the Local Public Agency(LPA) Resident Engineer and DBE Liaison. Read and follow the procedures as outlined in this form. Failure to follow the conditions as described in the LAPM Chapter 9,or if LPA determines that the arrangement results in a lack of independence or commercially useful function (CUF)on the part of the DBE involved,will result in disallowance of credit toward the goal for claimed DBE participation.The fact that a DBE is certified will not be determinative on whether the DBE is performing a CUF so that credit for DBE participation is permissible. When joint checks are used in DBE subcontracting, DBE credit toward the contract goal will be allowed only when the DBE subcontractor is performing a CUF in accordance with the Code of Federal Regulations,Title 49(49 CRF), Section 26.55 (c)(1), "How is DBE participation counted toward goals?": "A DBE performs a CUF when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing,and supervising the work involved. To perform a CUF,the DBE must also be responsible,with respect to materials and supplies used on the contract,for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable)and paying for the material itself." When using a joint check,the following conditions are required. Failure to comply with the conditions below will disqualify DBE participation and may adversely impact a contractor's bidding status. 1. The Disadvantaged Business Enterprises Joint Check Agreement Request must be fully completed and approved by LPA prior to issuance of any joint check. The Disadvantaged Business Enterprises Joint Check Agreement Request form acts as a written joint check agreement among the parties providing full and prompt disclosure of the expected use of joint checks. 2. The entity issuing the joint check acts solely to guarantee payment to the supplier. 49 CFR, Part 26 requires that the DBE's own funds are used to pay for the material and it is not appropriate for the funds to come from the contractor to the material supplier. Joint checks from a prime contractor to the DBE for the costs of items procured by the DBE from the material supplier may be regarded as representing the DBE's own funds. 3. The DBE must release the joint check to the supplier. Joint checks issued by the contractor must be delivered or mailed to the DBE for presentation and payment to the DBE's suppliers. The contractor shall not make the payment directly to the supplier. 4. Any documentation requested by LPA to confirm the proper use of joint checks shall be supplied to LPA within 10 days of the date of the request. Failure to provide requested information timely will result in disallowance of DBE credit. ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at(279)234-2284, TTY 711,in writing at Forms Management Unit, 1120 N Street,MS-89,Sacramento,CA 95814,or by email at Forms.Management.Unit@dot.ca.gov. STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION DLA DISADVANTAGED BUSINESS ENTERPRISES (DBE) JOINT CHECK AGREEMENT REQUEST DOT LAPM 9-K(NEW 05/2023) 1 have read and understand the above information and acknowledge the information provided on this form is true and accurate. AUTHORIZED PRIME CONTRACTOR REPRESENTATIVE Signature Print Name Title Date AUTHORIZED CONTRACTOR ISSUING THE JOINT CHECKS(If other than the prime) Signature Print Name Title Date AUTHORIZED DBE CONTRACTOR REPRESENTATIVE Signature Print Name Title Date AUTHORIZED MATERIAL SUPPLIER REPRESENTATIVE Signature Print Name Title Date LPA USE ONLY ❑ Approved ❑ Denied Reason for denial Resident Engineer's Signature Print Name Title Date Instructions This form is required as part of the approval process for the use of joint checks under the Disadvantaged Business Enterprises (DBE) program set forth by Federal Highway Administration's policy on the use of joint checks on federal-aid highway projects. The top of the form requires specific information regarding the construction project: contract number, prime contractor name, name of the contractor issuing the joint check(if other than the prime), DBE contractor name, material supplier name, bid items and descriptions, comments and who initiated the request. This form requires the signature of the authorized representatives of the prime contractor, name of the contractor issuing the joint check(if other than the prime), DBE contractor,and material supplier. This form must be submitted and approved by the resident engineer prior to the use of joint checks. COPY DISTRIBUTION: Original- Project File Copy- DBE Subcontractor Copy- LPA Labor Compliance Office ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at(279)234-2284, TTY 711,in writing at Forms Management Unit, 1120 N Street,MS-89,Sacramento,CA 95814,or by email at Forms.Management.Unit@dot.ca.gov. Local Assistance Procedure Manual Exhibit 9-P Prompt Payment Certification EXHIBIT 9-P: PROMPT PAYMENT CERTIFICATION Section 7108.5 of the California Business and Professions Code(CBPC)requires a prime contractor or subcontractor(i.e.builders)to pay any subcontractor not later than seven(7)days after receipt of each progress payment received or final retention payment.Section 3321 of the California Civil Code(CCC)requires prime design professionals(prime consultants directly in contract with a public agency)to pay any subconsultant not later than fifteen(15)days after receipt of each progress payment or final retention payment.The payment cannot be delayed because of disagreements on other contracts.Any delay or postponement of payment among the parties may take place only for good cause with the agency's prior written approval.This requirement applies to both DBE and non-DBE subcontractors. 1. CONTRACT INFORMATION (1) (2) (3) (4) (5) (6) (7) (8) (9) Federal Project Local Contract Total Contract Total DBE DBE DBE Contract Reporting Period Prime Contractor/Consultant Local Agency Commitment Amt Commitment Number Number Award Amt($) ($) Z Goal(%) (MM/YYYY) 2. PAYMENT INFORMATION (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) Date Payment Amount Paid To Total Committed to Incremental Comments or Reason for Non- Subcontractor/Subconsultant Name Subcontract Type Received by Sub to Date This Subcontractor DBE Cert. Date of Prime Amount of Payment Promptly Paid? Retainage Payment/Non-Prompt Payment, Number Prime Payment to Sub ($) ($) ($) (Y/N) Paid? including Payment of incremental (Y/N) Retainage Totals $0.00 $0.00 $0.00 List all first-tier subcontractors/subconsultants,whether or not the firms were originally listed in Exhibit 10-02 or 15-G as a DBE commitment. If the actual DBE utilization was different than that approved at the time of award,provide comments in box(20).All payments reported,including payments to contractor/consultant,are for the date listed. *Only reasons based on dispute on subcontractor or supplier noncompliance may be accepted. 3. CERTIFICATION The prime contractor or consultant hereby certifies that the foregoing Prompt Payment Local Agency certifies that all information in this form is complete and verified. Certification Form is true and correct. (21)Prime Contractor Manager's Signature (22)Date (23)Local Agency Representative's Signature (24)Date (25)Prime Contractor Manager's Name (26)Phone (27)Local Agency Representative's Name (28)Phone Page 1 of 1 May 2023 Draft Exhibit 9-P Instructions I. Purpose Section 7108.5 of the California Business and Professions Code (CBPC) requires a prime contractor or subcontractor(i.e. builders)to pay any subcontractor not later than seven (7) days after receipt of each progress payment received or final retention payment. Section 3321 of the California Civil Code(CCC) requires prime design professionals (prime consultants directly in contract with a public agency)to pay any subconsultant not later than fifteen (15) days after receipt of each progress payment or final retention payment.The payment cannot be delayed because of disagreements on other contracts.Any delay or postponement of payment among the parties may take place only for good cause with the agency's prior written approval.This requirement applies to both DBE and non-DBE subcontractors. II. Instruction For projects that are awarded on or after September 1, 2023: The prime contractor or consultant must submit Exhibit 9-P to the LPA administering the contract by the 15th of the month following the month of any payment(s). If the prime contractor or consultant does not make any payments to subcontractors,suppliers, and/or manufactures they must report "no payments were made to subs this month" and write this visibly and legibly on Exhibit 9-P. A failure to complete the Prompt Pay reporting requirement may result in the withholding of the prime contractor or consultant's next progress payment and/or final payment.Additionally, Caltrans may require the LPA to issue a corrective action plan and/or it may require the LPA to suspend the contract in whole or in part if the prime or consultant does not make up the shortfall. LPA must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non- DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LPA must email a copy of Exhibit 9-P to DBE.Forms@dot.ca.gov before the end of the month after receiving the Exhibit 9-P from prime contractor or consultant. 1. CONTRACT INFORMATION (1) Prime Contractor/Consultant: Enter the business name for the prime contractor/consultant. (2) Local Agency: Enter the local agency name. (3) Federal Aid Project Number: Enter the 7-digit federal-aid project number of the lead project on the contract. E.g. 5002(123) is a valid Federal-Aid Project Number. (4) Local Contract Number: Enter the Local Agency contract number or identifier. (5) Total Contract Award Amount ($): Enter the total contract award amount of the project. (6) Total Contract DBE Commitment Amount ($): Enter the total DBE commitment award amount of the project as it appears on Exhibit 10-02 or Exhibit 15-G. (7) DBE Commitment (%): Enter percentage of the Prime contract committed to DBE firms as it appears on Exhibit 10-02 or Exhibit 15-G. (8) DBE Contract Goal (%): Enter the contract DBE goal percentage as it appears on the project advertisement. (9) Reporting Period (Month-Year): Indicate the month and year of payments being reported. 2. PAYMENT INFORMATION (10)Subcontractor/Subconsultant name: Enter subcontractor/consultant firm's name. (11) DBE Cert. Number: List the DBE's certification number as listed in the California Unified Certification Program (CUCP) database. (12)Subcontract Type: Enter the most appropriate Subcontractor's contract type. (13) Date of Payment Received by Prime: Enter date when a check is issued by LPA to the prime contractor/consultant for work performed by the contractor/consultant. (14) Date of Prime Payment to Sub: Enter date when a check is issued by prime to the subcontractor/subconsultant for work performed by the subcontractor/subconsultant. (15)Amount of Payment($): Enter the total amount paid to the subcontractor this period. (16)Amount Paid to Sub to Date ($): Enter the total amount paid to this subcontractor to date. This should be a total of past payments plus payment for the current work just invoiced to the Local Agency. (17)Total amount committed to this subcontractor($): Enter the total amount committed to this subcontractor, copy the information from the agency signed Exhibit 10-02 or 15-G. (18) Promptly Paid? (Y/N): Enter"Y" if payment was made in accordance with the contract. Enter"N" if it's in dispute. Must provide comments regarding any dispute of payment. (19) Incremental Retainage Paid? (Y/N): Enter"Y" if this payment was a retainage payment. Enter"N" if this was a progress or final payment. (20)Comments or Reason for Non-Payment/Non-Prompt Payment, including Payment of Incremental Retainage *: Only reasons based on dispute with subcontractor or supplier noncompliance may be accepted. Add appropriate notes if a DBE subcontract was terminated, a DBE subcontract was added, if change orders impacted the DBE's payments(include good faith efforts the prime contractor/consultant implemented), if task orders weren't issued, etc. 3. CERTIFICATION (21) Prime Contractor Manager's Signature:Self explanatory (22) Date: Provide the date Prime Contractor Manager signed this form. (23) Local Agency Presentative's Signature:Self explanatory. (24) Date: Provide the date Local Agency Presentative signed this form. (25) Prime Contractor Manager's Name:Self explanatory. (26) Phone: Self explanatory (27) Local Agency Presentative's Name:Self explanatory. (28) Phone: Self explanatory STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION Page 1 of 2 DLA SUBCONTRACTING REQUEST REQUEST NUMBER DOT LAPM 16-B(NEW 12/2021) CONTRACTOR NAME COUNTY ROUTE BUSINESS ADDRESS CONTRACT NUMBER CITY AND STATE ZIP CODE FEDERAL-AID PROJECT NUMBER(from special provisions) CA STATE PUBLIC WORKS CHECK IF BID ITEM PERCENTAGE DESCRIBE WORK WHEN LESS DOLLAR AMOUNT SUBCONTRACTORS CONTRACTOR CONTRACTOR NUMBER(S) OF BID ITEM (See Categories THAN 100%OF WORK IS BASED ON (Name, Business Address, Phone) LICENSE REGISTRATION (1 per line) SUBCONTRACTED Below SUBCONTRACTED BID AMOUNT NUMBER NUMBER 1 2 Categories: 1. Listed Under Fair Practices Act 2. Certified Disadvantaged Business Enterprise/Disabled Veteran Business Enterprise I certify that: • The specifications for labor set forth in the contract apply to the subcontracted work. • If applicable(federal-aid projects only), Form FHWA-1273 has been inserted in the subcontracts and will be incorporated in any lower-tier subcontract. • Written contracts have been executed for the subcontracted work noted above. CONTRACTOR'S SIGNATURE DATE This section is to be completed by the resident engineer. 1. Total of bid items $ 2. Bid items previously subcontracted $ 3. Bid items subcontracted (this request) $ 4. Total of lines 2 and 3 $ 5. Maximum amount of work allowed to be subcontracted (multiply line 1 by %) $ 6. Minimum amount prime contractor must perform with own forces(multiply line 1 by %) $ APPROVED RESIDENT ENGINEER'S SIGNATURE DATE Copy Distribution: Original-Contractor Copy-Resident Engineer ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at(279)234-2284, TTY 711,in writing at Forms Management Unit, 1120 N Street,MS-89,Sacramento,CA 95814,or by email at Forms.Management.Unit@dot.ca.gov. STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION DLA SUBCONTRACTING REQUEST LAPM 16-B(NEW 12/2021) INSTRUCTIONS All first-tier subcontractors must be included on a subcontracting request. Before subcontracting work starts, the contractor will submit an original Form DOT LAPM 16-B according to the Standard Specifications. • Ensure all subcontractors are: 1. Listed on the subcontractor list at the time of bid, per the Subletting and Subcontracting Fair Practice Act; OR 2. All 1 st tier subcontractors regardless of dollar value. When an entire item is subcontracted, show the contractor's bid price. When a portion of an item is subcontracted,describe the portion and show the percentage of the bid item and value. • Compare line 5 to line 4. If line 5 is greater than line 4 the request can be approved. • After approval,the resident engineer returns the original to the contractor and completes the remaining distribution as listed on the bottom of the form. • Labor Compliance Officer to review subcontractor licensing and registration. • Labor Compliance Officer completes PWC-100 form on California Department of Industrial Relations site for subcontractors that were not required to be listed at time of bid on the Subcontractor List form. THIS FORM IS NOT TO BE USED FOR SUBSTITUTIONS OF LISTED SUBCONTRACTORS OR DISADVANTAGED BUSINESS ENTERPRISE. ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at(279)234-2284, TTY 711,in writing at Forms Management Unit, 1120 N Street,MS-89,Sacramento,CA 95814,or by email at Forms.Management.Unit@dot.ca.gov. Local Assistance Procedure Manual Exhibit 16-I Notice of Materials to Be Used EXHIBIT 16-I NOTICE OF MATERIALS TO BE USED STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION ADA Notice NOTICE OF MATERIALS TO BE USED For individuals with sensory disabilities,this document is available in alternate formats.For alternate format information,contact the Forms Management Unit at(916)445-1233,TTY 711,or CEM-3101(REV 09/2015) write to Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814. Resident Engineer: Date: Materials required for use under contract number(1): District: County: Route: Post Miles: will be obtained from the following sources: Contract Contract Bid Item Item Item Item Manufacturer/Provider Manufacturer/Provider Number Code Description Component Name and Address Email Address 2 (3) (4) (5) (6) (6) It is requested that the contractor arrange for sampling,testing,and inspection of materials prior to delivery in accordance with Section 6 of the Standard Specifications.It is understood that source inspection does not relieve the prime contractor of the full responsibility for incorporating into the work,materials that comply in all respects with the contract plans and specifications,nor does it preclude the subsequent rejection of materials found to be unsuitable. Contractor Address Business Phone Business Fax E-Mail Address Distribution:1.Lab Manager 2.Project File Page 1 of 2 January 2018 Local Assistance Procedure Manual Exhibit 16-I Notice of Materials to Be Used NOTICE OF MATERIALS TO BE USED INSTRUCTIONS TO CONTRACTOR Section 6 of the Standard Specifications states that,'Before the preconstruction conference,submit material source information on a"Notice of Materials to Be Used form". In order to avoid delay in approval of materials,the Department of Transportation must receive,in a timely manner,Form CEM-3101,"Notice of Materials to Be Used."When filing this form,please comply with the following instructions: 1.The Contract Number and job limits should be the same as they appear on the special provisions. 2.The column headed"Contract Bid Item Number"refers to the sequential item number of the contract. 3.The column headed"Item Code"refers to the number for which the material is to be used.It is a six-digit number. 4.The column headed"Contract Item Description"refers to an item description of the material as described in the special provisions. 5.The column headed"Item Component"refers to the specific description of material to be used,not necessarily the name of the contract item. For example: Contract Contract Bid Item Item Item Item Number Code Description Component O1 520101 Bar reinforcing steel Coupler(service splice) 6.The column headed"Manufacturer/Provider"refers to the manufacturer/fabricator of the item.List the name,address and e-mail address of the Manufacturer/Fabricator.Also,list the name and address of the location here inspection will occur,if different from the Manufacturer/Fabricator. 7.Form CEM-3101,"Notice of Materials to Be Used,"must be submitted to the resident engineer(RE).The RE will email Form CEM-3101 to the materials administrator to, MaterialsAdministratorMETS@dot.ca.gov or fax to(916)227-7084,Attn:Materials Administrator or postal mail to:Material Engineering&Testing Services,5900 Folsom Blvd.,Sacramento,CA 95819,MS-5. If the sources of materials are not known at the beginning of a contract,submit a Form CEM-3101,"Notice of Materials to Be Used,"for a given bid item as soon as a provider is known.Multiple submittals may be necessary. Resubmit a Form CEM-3101,"Notice of Materials to be Used,"for all changes or revisions. When placing orders for materials that require inspection prior to shipment,be sure to indicate on your request form that state inspection is required before shipment. Page 2 of 2 January 2018 CLEAR FORM FEDERAL-AID HIGHWAY CONSTRUCTION CONTRACTORS ANNUAL EEO REPORT 1. MARK APPROPRIATE BLOCK 2.COMPANY NAME,CITY,STATE: 3.PROJECT NUMBER: 4.DOLLAR AMOUNT OF CONTRACT: 5. PROJECT LOCATION: (County and State) ❑Contractor ❑Subcontractor This collection of information is required by law and regulation 23 U.S.C.140a and 23 CFR Part 230.The OMB control number for this collection is 2125-0019 expiring in March 2025. 6.WORKFORCE ON FEDERAL-AID AND CONSTRUCTION SITES DURING LAST FULL PAY PERIOD ENDING IN JULY 20 INSERT YEAR TABLE A 11 TABLE BLACK or NATIVE AMERICAN WHITE/NON- TOTAL TOTAL RACIAL/ WHITE/HISPANIC HAWAIIAN OR TWO OR MORE ON THE JOB JOB CATEGORIES EMPLOYED ETHNIC MINORITY AFRICAN OR LATINO INDIAN OR ASIAN OTHER PACIFIC RACES HISPANIC OR APPRENTICES TRAINEES AMERICAN ALASKA NATIVE ISLANDER LATINO M F M F M F M F M F M F M F M F M F M F M F OFFICIALS 0 0 0 0 SUPERVISORS 0 0 0 0 FOREMEN/WOMEN 0 0 0 0 CLERICAL 0 0 0 0 EQUIPMENT OPERATORS 0 0 0 0 MECHANICS 0 0 0 0 TRUCK DRIVERS 0 0 0 0 IRONWORKERS 0 0 0 0 CARPENTERS 0 0 0 0 CEMENT MASONS 0 0 0 0 ELECTRICIANS 0 0 0 0 PIPEFITTER/PLUMBERS 0 0 0 0 PAINTERS 0 0 0 0 LABORERS-SEMI SKILLED 0 0 0 0 LABORERS-UNSKILLED 0 0 0 0 13 TOTAL 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TABLE C(Table B data by racial status) APPRENTICES 0 0 0 0 OJT TRAINEES 0 0 0 0 8.PREPARED BY: 9.DATE 10.REVIEWED BY: 11.DATE (Signature and Title of Contractors Representative) (Signature and Title of State Highway Official) Form FHWA-1391(Rev.06-22) PREVIOUS EDITIONS ARE OBSOLETE Local Assistance Procedures Manual Exhibit 16-Z1 Monthly DBE Trucking Verification State of California-Department of Transportation Exhibit 16-Z1 Monthly DBE Trucking Verification Contract No. Month Year Truck Owner DBE Company Truck No. California Commission of Date Lease Arrangement Cert No. Name and Address Highway Patrol Amount Of Paid (if applicable) CA.No. Amount Paid* $ Lease Agreement ❑ with NON-DBE ❑ with DBE ❑ $ Lease Agreement ❑ with NON-DBE ❑ with DBE ❑ $ Lease Agreement ❑ with NON-DBE ❑ with DBE ❑ $ Lease Agreement ❑ with NON-DBE ❑ with DBE ❑ $ Lease Agreement ❑ with NON-DBE ❑ with DBE ❑ $ Lease Agreement ❑ with NON-DBE ❑ with DBE ❑ $ Lease Agreement ❑ with NON-DBE ❑ with DBE ❑ $ Lease Agreement ❑ with NON-DBE ❑ with DBE ❑ $ Lease Agreement ❑ with NON-DBE ❑ with DBE ❑ Total Amount $ Paid Prime Contractor Business Address Business Phone No. *Upon Request all Lease Agreements Shall be made available,in accordance with the special Provisions I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT Contractor Representative Signature Title Date Page 1 of 2 January 2018 Local Assistance Procedures Manual Exhibit 16-Z1 Monthly DBE Trucking Verification MONTHLY DBE TRUCKING VERIFFICATION The top of Form CEM-2404(F) contains boxes to put in the Contract Number,the Month of the reporting period and the Year of the reporting period. The Form CEM-2404(F) has a column to enter the name of the Truck Owner, the DBE Cert. No. (if DBE certified) and the Name and Address of the trucking company.The Form CEM-2404(F) also requires the Truck No. and the California Highway Patrol CA No. Form CEM-2404(F) is to be submitted prior to the 15th of each month and must show the dollar amount paid to the DBE trucking company(s) for trucking work performed by DBE certified trucks and for any fees or commissions of non DBE trucks utilized each month on the project. The amount paid to each trucking company is to be entered in the column called"Commission or Amount Paid," in accordance with the Special Provisions Section 5-1.X. Payment information is derived using the following: 1.) 100% for the trucking services provided by the DBE using trucks it owns,operates and insures. 2.) 100% for the trucking services provided by the trucks leased from other DBE firms. 3.) The fee or commission paid to non DBEs for the lease of trucks.The Prime does not receive 100% credit for these services because they are not provided by a DBE company. The total dollar figure of this column is to be placed in the box labeled"Total Amount Paid." The column"Date Paid" requires a date that each trucking company is paid for services rendered. The next column contains information that must be completed if a lease arrangement is applicable. Located at the bottom of the form is a space to put the name of the"Prime Contractor," their"Business Address" and their "Business Phone No." At the bottom of the form there is a space for the Contractor or designee"Contractor Representative's Signature,Title and Date" certifying that the information provided on the form is complete and correct. Page 2 of 2 January 2018 Local Assistance Procedures Manual Exhibit 17-F Final Report-Utilization of Disadvantaged Business Enterprises (DBE)and First-Tier Subcontractors Exhibit 17-F: Final Report-Utilization of Disadvantaged Business Enterprises (DBE) and First-Tier Subcontractors 1.Local Agency Contract Number 2.Federal-Aid Project Number 3. Local Agency 4.Contract Acceptance Date 5.Contractor/Consultant 6.Business Address 7.Final Contract Amount 8.Contract 11.DBE 12.Contract Payments 13.Date 14.Date of Item 9.Description of Work,Service,or 10.Company Name and Certification Work Final Number Materials Supplied Business Address Number Non-DBE DBE Completed Payment 15.ORIGINAL DBE COMMITMENT AMOUNT $ 16.TOTAL List all first-tier subcontractors/subconsultants and DBEs regardless of tier whether or not the firms were originally listed for goal credit.If actual DBE utilization(or item of work)was different than that approved at the time of award,provide comments on an additional page.List actual amount paid to each entity.If no subcontractors/subconsultants were used on the contract,indicate on the form. I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT _[ — 17.Contractor/Consultant Representative's Signature 18.Contractor/Consultant Representative's Name 19.Phone 20.Date I CERTIFY THAT THE CONTRACTING RECORDS AND ON-SITE PERFORMANCE OF THE DBE(S)HAVE BEEN MONITORED 21.Local Agency Representative's Signature 22.Local Agency Representative's Name 23.Phone 24.Date DISTRIBUTION: Original—Local Agency,Copy—Caltrans District Local Assistance Engineer.Include with Final Report of Expenditures Page 1 of 2 January 2023 Local Assistance Procedures Manual Exhibit 17-F Final Report-Utilization of Disadvantaged Business Enterprises (DBE) and First-Tier Subcontractors INSTRUCTIONS— FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE) AND FIRST-TIER SUBCONTRACTORS 1. Local Agency Contract Number- Enter the Local Agency contract number or identifier. 2. Federal-Aid Project Number- Enter the Federal-Aid Project Number. 3. Local Agency - Enter the name of the local or regional agency that is funding the contract. 4. Contract Acceptance Date - Enter the date the contract was accepted by the Local Agency. 5. Contractor/Consultant - Enter the contractor/consultant's firm name. 6. Business Address - Enter the contractor/consultant's business address. 7. Final Contract Amount - Enter the total final amount for the contract. 8. Contract Item Number- Enter contract item for work, services, or materials supplied provided. Not applicable for consultant contracts. 9. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials provided. Indicate all work to be performed by DBEs including work performed by the prime contractor/consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 10. Company Name and Business Address - Enter the name, address, and phone number of all subcontracted contractors/consultants. Also, enter the prime contractor/consultant's name and phone number, if the prime is a DBE. 11. DBE Certification Number- Enter the DBE's Certification Identification Number. Leave blank if subcontractor is not a DBE. 12. Contract Payments - Enter the subcontracted dollar amount of the work performed or service provided. Include the prime contractor/consultant if the prime is a DBE. If the materials or supplies are obtained from a DBE manufacturer, count 100% of the cost of the materials or supplies toward DBE goals. If the materials or supplies are purchased from a DBE regular dealer/supplier, count 60% of the cost of the materials or supplies toward DBE goals. The Non-DBE column is used to enter the dollar value of work performed by firms that are not certified DBE or for work after a DBE becomes decertified. 13. Date Work Completed - Enter the date the subcontractor/subconsultant's item work was completed. 14. Date of Final Payment- Enter the date when the prime contractor/consultant made the final payment to the subcontractor/subconsultant for the portion of work listed as being completed. 15. Original DBE Commitment Amount - Enter the "Total Claimed DBE Participation Dollars"from Exhibits 15-G or 10-02 for the contract. 16. Total - Enter the sum of the "Contract Payments" Non-DBE and DBE columns. 17. Contractor/Consultant Representative's Signature -The person completing the form on behalf of the contractor/consultant's firm must sign their name. 18. Contractor/Consultant Representative's Name - Enter the name of the person preparing and signing the form. 19. Phone - Enter the area code and telephone number of the person signing the form. 20. Date - Enter the date the form is signed by the contractor's preparer. 21. Local Agency Representative's Signature -A Local Agency Representative must sign their name to certify that the contracting records and on-site performance of the DBE(s) has been monitored. 22. Local Agency Representative's Name - Enter the name of the Local Agency Representative signing the form. 23. Phone - Enter the area code and telephone number of the person signing the form. 24. Date - Enter the date the form is signed by the Local Agency Representative. Page 2 of 2 January 2023 Local Assistance Procedures Manual Exhibit 17-0 Disadvantaged Business Enterprises(DBE)Certification Status Change EXHIBIT 17-0 DISADVANTAGED BUSINESS ENTERPRISES(DBE)CERTIFICATION STATUS CHANGE 1.Local Agency Contract Number 2. Federal-Aid Project Number 3.Local Agency 4.Contract Completion Date 5.Contractor/Consultant 6. Business Address 7.Final Contract Amount 8.Contract 10. DBE 12.Certification/ Item 9. DBE Contact Information Certification 11.Amount Paid Decertification 13.Comments Number Number While Certified Date Letter Attached If there were no changes in the DBE certification of subcontractors/subconsultants,indicate on the form. I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT 14.Contractor/Consultant Representative's Signature 15.Contractor/Consultant Representative's Name 16. Phone 17. Date I CERTIFY THAT THE CONTRACTING RECORDS AND ON-SITE PERFORMANCE OF THE DBE(S)HAS BEEN MONITORED 18. Local Agency Representative's Signature 19.Local Agency Representative's Name 20. Phone 21. Date DISTRIBUTION: Original—Local Agency,Copy—Caltrans District Local Assistance Engineer.Include with Final Report of Expenditures ADA NOTICE: For individuals with sensory disabilities,this document is available in alternate formats.For information,call(916)445-1233,Local Assistance Procedures Manual TTY 711,or write to Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814. Page 1 of 2 July 23,2015 Local Assistance Procedures Manual Exhibit 17-0 Disadvantaged Business Enterprises(DBE)Certification Status Change INSTRUCTIONS—DISADVANTAGED BUSINESS ENTERPRISES (DBE) CERTIFICATION STATUS CHANGE 1. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 2. Federal-Aid Project Number-Enter the Federal-Aid Project Number. 3. Local Agency-Enter the name of the local or regional agency that is funding the contract. 4. Contract Completion Date -Enter the date the contract was completed. 5. Contractor/Consultant-Enter the contractor/consultant's firm name. 6. Business Address -Enter the contractor/consultant's business address. 7. Final Contract Amount- Enter the total final amount for the contract. 8. Contract Item Number-Enter contract item for work, services, or materials supplied provided. Not applicable for consultant contracts. 9.DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors/consultants. 10. DBE Certification Number - Enter the DBE's Certification Identification Number. 11.Amount Paid While Certified - Enter the actual dollar value of the work performed by those subcontractors/subconsultants during the time period they are certified as a DBE. 12. Certification/Decertification Date (Letter Attached) - Enter either the date of the Decertification Letter sent out by the Office of Business and Economic Opportunity(OBEO) or the date of the Certification Certificate mailed out by OBEO. 13. Comments - If needed,provide any additional information in this section regarding any of the above certification status changes. 14. Contractor/Consultant Representative's Signature - The person completing the form on behalf of the contractor/consultant's firm must sign their name. 15. Contractor/Consultant Representative's Name - Enter the name of the person preparing and signing the form. 16. Phone - Enter the area code and telephone number of the person signing the form. 17.Date - Enter the date the form is signed by the contractor's preparer. 18. Local Agency Representative's Signature - A Local Agency Representative must sign their name to certify that the contracting records and on-site performance of the DBE(s)has been monitored. 19. Local Agency Representative's Name - Enter the name of the Local Agency Representative signing the form. 20. Phone -Enter the area code and telephone number of the person signing the form. 21. Date - Enter the date the form is signed by the Local Agency Representative. Page 2 of 2 July 23,2015 Project Details Contract Number 24-22-C LOCATIONNAP '° WO I N STREETS MAP N w , WAS AVE= t' Qa W E w > A G1 > Q ' = w S Q z W SHIELDS AVE w w 0 z Y Q. MCKINLEY�AVE p = W�BELMONT AVE i R z z W BELMONT AVE Z Q Q w O �` '"" w 18 W KEARNEY BLVD --.rw > > > Zj 4zr > O z cn a` w Lu z W JENSEN AVE Z w It;[ z w LL a+ v O �Q z N p W NORTH AVE � Q oc V� O FRESNO COUNTY MAP z PROJECT LOCATION . Z. tie W1WHITES,BRIDGEAVE +4 2 5 ..�. w w c o 1 Z w o' = W z 3 SUPERVISOR'S W KEARNSou'EY BLVD `� `n DISTRICT #1 r'ce: Esri, Maxar,GeoE,ye, Earthstar Geographics,CNES/Airbu -, 5 ©S,USDA, USGS,AeroGRID, IGN,hand the GIS User Community DATE: SCALE: CoU DEPARTMENT OF PUBLIC WORKS & PLANNING DESIGNED: C.M. 01/07/2025 Miles HOUGHTON CANAL AT N CHATEAU FRESNO AVENUE DRAWN: C.M. 01/07/2025 0 0.25 0.5 0� j 56 O TREE REMOVAL PROJECT CHECKED: E6) CONTRACT NUMBER 24-22-C t� 0 Z I s 0 c c1 0 z z oil Z y I I ® ® ® ® 00 ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® 7+95 ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® (900 ® ® ® ® ® ® ® ® ® ® _® ®—a ja 0 g-g—®—® J9 -Q — — -- ROWNUMBER: 1 -2--3 -4 15_6 7-8-9- 10- 11 - 12 - 13 14 15 16 17 18 19 20 21 22 23 24 '25 26 27 `28` 29 ' 30 ` 31 -32 33 34 35 dl 9+00 10+00 11+00 15+00 16+00 CHATEAU FRESNO AVE 12+�� 13+00 14+00 ww——————— __ NAME DATE SCALE IN FEET �w CO DEPARTMENT OF PUBLIC WORKS AND PLANNING NOTE:ENSURE FINISHED GRADE PROVIDES A CLEAR FLOWLINE FROM DESIGNED: T.LAIRD 12/24 THE FLOOD IRRIGATION VALVE IN EACH ROW TO THE TREES NORTH OF '�' TREE REMOVAL EXHIBIT so THE REMOVAL. HOUGHTON CANAL BRIDGE DRAWN: T.LAIRD 12i24 Fee' TREE TO BE REMOVED O ® � ON CHATEAU FRESNO AVE FR E 1 OF 3 7+95 R�,--- --- —ate---� CHATEAU FRESNOAVE 00 9+00 10+00 11+00 12+00 13+00 14+00 15+00 16+00 ROW NUMBER: 1 2-3-4-5 6_ 7_ 8 9— 10 — 11 — 12- 13_ 14 15 16 17 18 19 20 21 22 2233 24 25 26 27 28 29 30 31 32 33 34 35 000 4t ✓ r rr 44 Jv ' r o -44 Ale" 33✓✓ r NAME: DATE: SCALE IN FEET DEPARTMENT OF PUBLIC WORKS AND PLANNING DESIGNED: T.LAIRD 12/24 AREA TO BE GRADED 5%DRAINING TO THE SOUTH/SOUTHEAST TREE REMOVAL EXHIBIT DRAWN: T.LAIRD 12/24 90Fe ® TREE TO BE REMOVED HOUGHTON CANAL BRIDGE 4 ON CHATEAU FRESNO AVE 20F3 { I � t o 1 ( I ri Z� o I9It E _ I I 0 1 i z I 9 h 1 Y I TREE TO BE REMOVED INCLUDING ROOT BALL Iw ! \� •`� � it l 44) --- - --- — T", YI r h T i 000 � � �� ROW N U M B E R:j 1 2 3 415 6 7 8 9 10 11 18+00 19+00 /11314 15161718192 212223242526272829303132333435_ 21+g 21+88 _ r - CHATEAU FRESNO AVE NAME: DATE: SCALE IN FEET DEPARTMENT OF PUBLIC WORKS AND PLANNING DESIGNED. T.LAIRD 12/24 AREA TO BE GRADED 5%DRAINING TO THE SOUTH/SOUTHEAST TREE REMOVAL EXHIBIT 45 ®90 HOUGHTON CANAL BRIDGE DRAWN: T.LAIRD 12/24 F- TREE TO BE REMOVED ON CHATEAU FRESNO AVE R 30F3 Northwest Property Southwest Property Southeast Property Type of Approximate Tree Number of Type of Approximate Tree Number of Type of Approximate Tree Number of Row Trees/Vines Tree/Vine Trees Tree/Vine Diameter at Breast Height Row Diameter at Breast Row Diameter at Breast Tree/Vine Trees (in) Height(in) Height(in) 1 Grapevine 3 31 1 Almond 5 1 1 Almond 5 1 2 Grapevine 3 30 2 Almond 5 1 2 Almond 5 1 3 Grapevine 3 19 3 Almond 5 2 3 Almond 5 1 4 Grapevine 3 18 4 Almond 5 2 4 Almond 5 1 5 Grapevine 3 16 5 Almond 5 2 5 Almond 5 1 6 Grapevine 3 14 6 Almond 5 2 6 Almond 5 1 7 Grapevine 3 131 7 Almond 5 21 7 Almond 5 1 8 Grapevine 3 11 8 Almond 5 2 8 Almond 5 1 9 Grapevine 3 9 9 Almond 5 3 9 Almond 5 1 10 Grapevine 3 4 10 Almond 5 2 10 Almond 5 2 11 Unknown 14 1 11 Almond 5 3 11 Almond 5 2 12 Grapevine 3 5 12 Almond 5 2 12 Almond 5 2 13 Grapevine 3 41 13 Almond 5 3 13 Almond 5 2 14 Grapevine 3 4 14 Almond 5 2 14 Almond 5 2 15 Grapevine 3 4 15 Almond 5 3 15 Almond 5 2 16 Grapevine 3 4 16 Almond 5 3 16 Almond 5 2 17 Grapevine 3 4 17 Almond 5 3 17 Almond 5 2 18 Grapevine 3 3 18 Almond 5 31 18 Almond 5 2 19 Grapevine 3 31 19 Almond 5 3 19 Almond 5 2 20 Grapevine 3 3 20 Almond 5 3 20 Almond 5 2 21 Grapevine 3 3 21 Almond 5 3 21 Almond 5 2 22 Grapevine 3 3 22 Almond 5 4 22 Almond 5 2 23 Grapevine 3 3 23 Almond 5 4 23 Almond 5 2 24 Grapevine 3 2 24 Almond 5 3 24 Almond 5 3 25 Grapevine 3 21 25 Almond 5 4 25 Almond 5 3 26 Grapevine 3 1 26 Almond 5 3 26 Almond 5 3 27 Grapevine 3 1 27 Almond 5 4 27 Almond 5 2 28 Grapevine 3 1 28 Almond 5 3 28 Almond 5 3 29 Grapevine 3 1 29 Almond 5 4 29 Almond 5 2 30 Grapevine 3 1 30 Almond 5 3 30 Almond 5 4 31 Grapevine 3 11 31 Almond 5 5 31 Almond 5 5 32 Grapevine 3 1 32 Almond 5 6 32 Almond 5 7 33 Grapevine 3 1 33 Almond 5 9 33 Almond 5 8 34 Grapevine 3 1 34 Almond 5 101 34 Almond 5 10 35 Grapevine 1 3 1 35 Almond 5 16 35 Almond 4 27 Tota I 223 Total 128 ITotal 114 36" 4» ROAD WORD FROV XX/XX/XX 4" 36" TO XX/XX/XX i t EXPECT DELAYS 4" BLACK 1 . LETTERS SHALL BE BLACK, STYLE SHALL BE HIGHWAY "B" 2. BACKGROUND SHALL BE ORANGE 3. SIGN PANEL SHALL CONFORM TO SECTION 12 OF THE STATE STANDARD SPECIFICATIONS DATE c pU DEPARTMENT OF PUBLIC WORKS AND PLANNING DESIGNED J.L. 12114 SCALE NONE DRAWN J.M. 02115 ADVANCE NOTIFICATION SIGN CHECKED J.L. 02115 PRES Section 4, Electric Service: Overhead 4.10. Required Vegetation Clearances The state of California requires electric utilities to keep electric lines (i.e., high-voltage lines) cleared of vegetation. All newly constructed distribution lines and existing lines must meet these requirements. NOTE: PG&E may determine that the distribution line should be installed underground, or that trees should be removed, if the planned line extension does not meet or exceed the clearance requirements between existing trees and overhead electric lines. See new options for commercial agricultural orchards in Subsection 4.10.5. on Page 4-30. 4.10.1. General Requirements When establishing new overhead services, and/or when building or remodeling structures near high-voltage lines, poles, or towers, applicants must research planting regulations and follow the rules established here. NOTE: Applicants must consider safety and access for repairs when planting near an overhead electric service. A. Where required, applicants must establish clearances as described in California Public Resource Code (PRC) Division 4, "Forests, Forestry and Range and Forage Lands," Part 2, Chapter 3, Section 4292. PG&E can exempt applicants if the vegetation around power poles at the completed construction site will be well irrigated, low growing, and not highly flammable in perpetuity. In general, do not plant trees near power poles or towers. B. For electric distribution, low-voltage and high-voltage lines rated up to 60,000 volts, applicants must establish a 15-foot"low-growth" zone on both sides of all new lines. Applicants also must ensure that all branches with potential overhang within 4 feet of the conductors are trimmed. Applicants must not plant trees under or within 15 feet of distribution power poles. Applicants should landscape with low-growth, fire-resistant plants, shrubs, and flowers in the zone under electric power lines. PG&E recommends planting shrubs and flowers in low-growth zones to ensure compliance. Figure 4-40, "Illustration of 15-Foot Clearance, Low-Growth Zone," and Figure 4-41, "Grass and Shrubs Recommended Under Service Wires," both on Page 4-27, illustrate low-growth zones and show how the 15-foot clearance is measured from the center of the pole. C. For all electric transmission, high-voltage lines rated greater than 60,000 volts, applicants must not plant trees within the right-of-way easement of the transmission poles or towers. Applicants must follow a "no-growth" zone inside rights-of-way areas, including under the electric power lines. The zone outside the rights-of-way areas is a "low-growth" zone, tree-planting zone, and/or a shrub-and-flower planting zone. Figure 4-42, "Grass and Shrubs Recommended Under Transmission Wires," on Page 4-28, illustrates a no-growth zone. 2020—2021 4-26 Section 4, Electric Service: Overhead 4.10.1. (continued) D. Applicants must ensure that a thorough inspection is made of proposed construction areas. Dead, dying, diseased, or hazard trees tall enough to fall into the proposed power lines must be removed. Hazard trees are defined as any tree having a structural defect that may cause the tree, or a portion of the tree, to fall either on someone or on something of value. ~7 ft. ~8fto ~8ft . ; ­7 ft. I Border Wire Wi re • • er Zone Zone • Zone I I I I I I I I I I I I Figure 4-40 Illustration of a 15-Foot Clearance, Low-Growth Zone Distribution High-Voltage Lines 15' Service Min. Wires I 25' Grass and I J shrubs are recommended when I I planting under service wires.711 I I h Centerline of Street or Roadway Figure 4-41 Grass and Shrubs Recommended Under Service Wires 4-27 2020—2021 Section 4, Electric Service: Overhead 4.10.1. (continued) Transmission High-Voltage Lines 7 Small trees allowed. Small trees allowed. -------------L 14 Right-of-Way - Easement (No trees allowed. Small shrubs and grass allowed.) Figure 4-42 Grass and Shrubs Recommended Under Transmission Wires E. Applicants can contact PG&E's vegetation management personnel to obtain more information about codes or regulations and to schedule field inspections for construction sites. Vegetation management personnel perform field inspections to identify clearance requirements or hazard trees. 4.10.2. Planning Requirements When planning and routing, high-voltage, overhead electric lines, applicants must avoid areas with heavy tree growth. See the tree-planting matrix tables (Tables B-1 through B-7 starting on Page B-2) in Appendix B. Building plans should indicate where overhead lines pass within the boundaries of the construction and landscape areas, as shown in Figure 4-40, "Illustration of a 15-Foot Clearance, Low-Growth Zone," on Page 4-27, and Figure 4-43, "Alternative Routes to a House Showing High-Voltage Lines and Tree-Clearance Zones," on Page 4-29. 2020—2021 4-28 Email PERMIT QUANTITIES COUP ROAD ENCROACHMENT APPLICATION COUNTY OF FRESNO A. EA. ROAD BORE ROAD MAINTENANCE AND OPERATIONS DIVISION B. EA. IRRIGATION CROSSING O� 561� MAILING ADDRESS:2220TULARE STREET,6"FLOOR,FRESNO,CA93721 EGJT OFFICE LOCATION:SOUTHWEST CORNER OF TULARE &'M'STREETS,SUITE B C. L.F.TRENCHES"off pavement" In compliance with County of Fresno Ordinance Nos.13.04040,13.08.010 and Chapter 5.5 of Division 2 of the Streets and Highways Code,the undersigned hereby applies for permission to excavate,construct and/or otherwise encroach on the County D. L.F.TRENCHES"in pavement" right-of-way by performing the following work. E. EA. UTILITY LATERAL PROJECT INFORMATION Permit Title: Permit No.: [EP16-000] F. YR. BLANKET PERMIT For Inspection Service: G. PARADE//RACE EVENT Location of Proposed Work: Phone:(559)600-4240 Fax:(559)600-4203 0 H. BLOCK PARTY Email:EncroachmentPermits Description of Proposed Work: @co.fresno.ca.us frl I. TREE PERMIT U rn J. SNOW REMOVAL o 0 K. OTHER ENCROACHMENTS L. n m M . D m W Z � O r o 0 THIS APPLICATION IS NOT A Estimated Starting Estimated Completion Traffic Control Days PERMIT Date Date In consideration of the granting of this application,it is agreed that the applicant shall indemnify the County of Fresno and any of its officers,employees and agents and shall defend and hold them harmless from any and all claim or liability for personal injury or property damage due to any acts or failure to act in connection with any work permitted herein.Applicant further agrees to comply with all terms,conditions and specifications contained below and on the reverse side hereof. PERMIT APPROVAL NOTIFY THE COUNTY OF FRESNO PERMIT DESK AT(559)600-4240 A MINIMUM OF 48 HOURS IN ADVANCE OF BEGINNING CONSTRUCTION ACTIVITIE Permission is hereby granted to perform the above described work subject to all terms,conditions and restrictions contained below and on the reverse side hereof.This permit is to be strictly construed and no work other than that specified is authorized hereby. This permit is expressly conditioned upon performance of the work. Failure to so perform said work in accordance with County specifications shall be deemed an immediate revocation of this permit and without notice. f Work shall be subject to County inspection. Permittee shall notify County Inspector [selected inspectorl a minimum of 48 hours before starting work. (Phone selected inspector phone numberl). THIS PERMIT SHALL BE VOID UNLESS THE WORK HEREIN CONTEMPLATED SHALL HAVE BEEN COMPLETED BEFORE[expiration datel. To commence or complete work after said date requires approved application for permit renewal or time extension.Grantor reserves the right to complete the work to restore the right-of-way as provided in Section 10 on the reverse side hereof. PROJECT CONDITIONS W75 x 0000 APPLICANT: OWNER: ADDRESS: ADDRESS: PHONE: PHONE: EMAIL: EMAIL: APPLICANT SIGNATURE:(X) DATE: ACCOUNT NUMBER: CONTRACTOR LICENSE NO.: BOND NUMBER: PERMIT QUANTITIES & INSPECTION FEES TOTAL PROJECT FEES: $ Steve E.White,Director By: Date: Department of Public Works&Planning Permit Engineer WHITE—Office Copy GREEN—Inspector Copy CANARY—Permittee Copy PINK—Accounting Copy GOLDENROD—Area Supervisor Copy FOR OFFICE USE ONLY GENERAL PROVISIONS 1. Definition: This permit is issued under Section 13.04.040,13.08.010 and 13.08.020 of the County Ordinance Code,and Chapter 5.5 of Article 2 of the Streets and Highways Code. The term"Encroachment"is used in this permit as defined in said provisions. The term"Encroachment"is used in this permit as defined in said provisions. The term"Grantor"shall mean the Director of Public Works and Planning of the County of Fresno. (When this permit is issued for work to be performed in Special Districts,County Ordinance Code,Section 10.35 shall apply.) 2. No Precedent Established: This permit is granted with the understanding that no precedent shall be established on the question of permitting any certain kind of Encroachment within County rights-of-way. 3. Specifications and Regulations: All construction shall conform to established specifications and regulations of the County of Fresno. This permit does not constitute approval of any violations of ordinances or regulations. Unless specified otherwise,construction shall conform to applicable requirements of Fresno County Improvement Standards dated October 1966 as required. 4. Keep This Permit On The Work: This permit shall be kept at the site of the work and upon request be shown to any representative of Grantor or any Law Enforcement Officer. 5. Permits From Other Agencies: This permit covers only those portions of the work located within the County road right-of-way. Permittee shall,whenever required by law,secure a written order or consent to the doing of the work from the California Public Utilities Commission,or any other public board having jurisdiction and this permit shall not be valid or effective until such order or consent is obtained. 6. Protection Of Traffic: Protection and control of the traveling public shall be in accordance with the requirements set forth in the current issue of the"Manual on Uniform Traffic Control Devices(MUTCD)with California Supplement approved by the Federal Highway Administration and the California Department of Transportation." Unless otherwise noted on permit,the work shall be carried out in such a manner that public traffic is not obstructed. Adequate warning devices shall be installed and maintained by Permittee until completion of work. Permittee agrees to reimburse Grantor for any costs that may be incurred by Grantor for correcting inadequate signing(this is not intended to relieve Permittee of his/her responsibility to provide adequate warning devices.) 7. Clean Up Right-Of-Way:Upon completion of the work all lumber,scraps,and other surplus material shall be entirely removed and the right-of-way left in a clean condition satisfactory to Grantor. All excavations shall be properly backfilled and left in a safe condition. Clean up shall include any necessary sweeping or cleaning of roadway surfaces to remove earth and debris deposited by spillage or tracking from work area. 8. Public Safety: Excavations within the right of way shall comply with all applicable portions of Cal/OSHA requirements and California Code of Regulation Title 8 Section 1540 and following. Open trenches or pits left open during non-working hours shall be protected from the public via placement of"Non Skid"steel trench plating properly secured to cover the opening or with Type K temporary railing to maintain separation from the public. Installation of bollards is prohibited. 9. Supervision Of Grantor: All work to be done shall be subject to inspection of and satisfaction of the Grantor. When requested by Grantor,Permittee shall immediately provide test reports or other certification specified by Grantor verifying compliance with the quality and performance requirements of the permit. Prior to commencing work,Permittee shall give 48 hours notice to Grantor,or the person specified on the reverse side hereof.Permittee shall give 24 hours notice to Grantor if resuming work after moving off the job and prior to paving. (Failure to notify the County as stated shall immediately terminate this permit). 10. Liability For Damages: Permittee shall indemnify the County of Fresno and any of its officers,employees,servants and agents and shall defend and hold them harmless from any and all claim or liability for personal injury or property damage due to any acts or failure to act in connection with the performance of the work performed herein. It will be the responsibility of the Permittee to determine the location of any existing underground facilities within the work area and to arrange for any necessary relocations. 11. Making Repairs: Permittee shall promptly repair any and all damage to right-of-way surfaces and roadway facilities including any injury to any portion of the right-of- way which would not have occurred had the permit work not been done or the encroachment placed therein,unless Grantor gives notice of its election to make such repairs itself. If Grantor gives such notice Permittee shall immediately purchase and have delivered at the site materials specified by Grantor. All payments for labor, equipment and other charges by Grantor,for an account of such works shall be made by Permittee within ten(10)days from the date of any bill,written order,or voucher sent by or approved by Grantor. Grantor may require a deposit in an amount sufficient to cover the estimated cost before starting such repairs. 12. Maintenance,Repair And Relocation: Permittee shall properly maintain and repair any encroachment authorized herein,unless such maintenance and repair by Permittee is exempted by law,and shall exercise reasonable care in inspecting for and immediately repairing any injury to the highway which occurs as a result of the existence of said encroachment or as the result of any work done,hereunder. If at any future date it is necessary,because of road relocation or changes in grade,to relocate this facility,the owner,his assigns,heirs and successors,hereby agrees to relocate the facility upon notice by the Grantor at no expense to the County, unless otherwise provided by law. 13. Prosecution Of The Work: Permittee shall diligently perform the work with the minimum interference to public traffic and adjacent properties. Access to adjacent properties shall be maintained at all times unless otherwise permitted by property owners. Unreasonable delays in completing the work may be cause for permit revocation and forfeiture of future permit privileges. Grantor reserves the right to require a performance bond of amount warranted by the nature of the work,prior to or during performance of the work. 14. Care of Drainage: Established drainage is not to be altered unless specifically authorized. 15. Submit Location Plan:Permittee shall furnish record drawings showing location and details of facilities installed through this permit unless exempted by Grantor in writing. PIPES,CONDUITS,ETC. 16. Crossing Roadway: Where indicated in the permit conditions or project plans,service pipes shall be jacked or otherwise forced underneath pavement without disturbing the surface thereof. Pavement or roadway shall not be cut or otherwise disturbed unless specifically allowed on the reverse side hereof.Diagonal installation of pipes or conduit is not allowed.Service pipes are not permitted inside of culvert structures used as drainage facilities. 17. Depth Of Pipes: There shall be a minimum of three(3)feet of cover measured from finished grade over all pipes,conduits and cables unless authorized by Grantor in writing. 18. Backfrlling: Any excavations shall be filled as soon as possible and compaction provided as follows: (A)Under all surfaced roads,driveways,or frontage paving,all of the excavated area which lies two(2)feet below the surface shall be compacted to 95%relative compaction(Calif.Test Method No.216). (B)In those portions of the County right-of-way not included in paragraph(A)above,the excavated area shall be compacted to 90%relative compaction(Calif.Test Method No.216)or to the density equal to the native soil density,whichever is greater.An alternate compaction test method(ASTM D 1557)may be utilized to determine the maximum density of the soil. In place densities may also be determined utilizing a nuclear gauge pursuant to Caltrans Test Method 231. A 2-sack slurry may be used in lieu of the above compaction requirements. 19. Pavement Resurfacing: Pavement on traffic lanes shall be repaired on the same day excavation is made unless otherwise permitted by the Grantor. Temporary asphalt surfacing material(cold mix asphalt)four inches in thickness may be used provided Permittee maintains temporary surfacing until final repair is made. Final repair shall typically be completed within 10 days of excavation,unless extended by the Grantor through a rider,addendum,or plan review and approval. 20. Maintain Surface: Permittee shall maintain the surface over any and all structures placed hereunder for one year after acceptance by Grantor and any subsequent repair. 21. Pipes Along Roadway: Pipes and utilities paralleling the pavement shall be located at such depth from the pavement as specifically directed by Item 17 above. 22. Permission From Property Owner: Permittee shall secure written permission from abutting property owners to enter and use their property. BASE AND PAVEMENT REPAIRS,ETC. 23. Grades And Specifications. Base and pavement repairs and miscellaneous paving work shall be in accordance with the current specifications of the Fresno County Department of Public Works and Planning. CONCRETE CURBS,GUTTERS,SIDEWALKS AND APPROACHES 24. Concrete: Portland cement concrete curbs,gutters,sidewalks and approaches shall be Class A concrete containing six sacks of cement per cubic yard of concrete. 25. Standards: All concrete work shall conform to Fresno County Improvement Standards. Modifications or changes shall not be made except as noted on this permit. 26. Curing: All exposed concrete surfaces shall be cured with a clear curing compound equal to Hunt's Process. 27. Asphalt Drive Approaches of Frontage Paving: : A minimum thickness of 0.2'(two tenths of a foot)of compacted plant-mixed asphalt surfacing shall be placed over subgrade at 95%relative compaction within the road right-of-way. 28. Finish Grading: All necessary excavating,backfilling,and grading between curb line and property line is considered part of the work and shall be completed by Permittee. 29. Drainage: The surfacing shall be placed to such grade that the existing drainage pattern is not obstructed. Unless specifically noted on this permit,the paved swale elevation shall be a minimum of three(3)inches below the existing edge of pavement elevation and a minimum(4)feet from the edge of pavement or as approved by the County of Fresno Engineer. 30. Compliance With Approach Width Standards: The granting of permission to perform frontage paving is not intended to allow driveway approach widths to exceed standard maximum widths. WHITE-Office Copy GREEN-Inspector Copy CANARY-Permittee Copy PINK-Accounting Copy GOLDENROD-Area Supervisor Copy FOR OFFICE USE ONLY Bond No. MAINTENANCE & OPERATIONS DEPARTMENT OF PUBLIC WORKS 2220 Tulare Street, Sixth Floor Fresno, California 93721 ENCROACHMENT PERMIT PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, are held and firmly bound unto the COUNTY OF FRESNO of the State of California, in the sum of $6,000.00 lawful money of the United States for the payment whereof well and truly to be made, said Principal and said Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that whereas the above principal will from time to time during the course of his business obtain encroachment permits from the County of Fresno for the performance of work within the County right-of-way and pursuant thereto shall be subject to the performance of certain conditions to be set forth in each encroachment permit; and WHEREAS, the Director of Public Works of Fresno County has required the Principal to obtain a surety bond payable to County of Fresno to assure the performance of each condition set forth in such encroachment permit. NOW, THEREFORE, if the above Principal shall well and truly perform all the conditions set forth in each and every encroachment permit to be issued by the County to the above stated principal, then this obligation shall be void, otherwise to remain full force and effect. It is understood and agreed that this bond shall be continuous in form and shall remain in full force and effect unless terminated or cancelled by act of the Surety. That any termination or cancellation shall not be effective as to any encroachment permit issued by the County prior to receiving written notice of such termination or cancellation. The said Surety hereby further stipulates and agreed that no change, extension of time, alteration or modification of any encroachment permit to be issued to the Principal as contemplated herein shall in any way affect its obligations under this bond and Surety does hereby waive notice of the issuance of any encroachment permit or of any change, extension of time, alteration or modification to such permit. 1 Bond No. In the event it becomes necessary to file a civil action to enforce the provisions of this bond, the prevailing party shall be entitled to recover court costs and reasonable attorney's fees. Dated: This day of at Principal Signature Surety Signature Principal Company Name Surety Company Name Address Address City State Zip City State Zip Phone Number Phone Number 2 ACKNOWLEDGMENT 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 County of ) On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. Signature (Seal) 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). ID OOK HOUGHTON CANAL AT N CHATEAU FRESNO AVENUE TREE REMOVAL N. CHATEAU FRESNO AVENUE, 0.5 MILES SOUTH OF BELMONT AVENUE FEDERAL PROJECT NUMBER: BRLO-5942(237) BUDGET /ACCOUNT: 4510 / 7370 co FREs� Department of Public Works and Planning Contract Number 24-22-C BID BOOK TABLE OF CONTENTS HOUGHTON CANAL AT N CHATEAU FRESNO AVENUE TREE REMOVAL CONTRACT NUMBER 24-22-C PROPOSAL TITLE NUMBER NOT APPLICABLE INSTRUCTIONS FOR COMPLETING THE BID BOOK 1 PROPOSAL TO THE BOARD OF SUPERVISORS OF THE COUNTY OF FRESNO 2 BID ITEM LIST/BID SHEET 3 EVALUATION OF BID ITEM LIST 4 BID SECURITY 5 NONCOLLUSION DECLARATION 6 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT 7 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE AND PUBLIC CONTRACT CODE 10232 STATEMENT 8 SUBCONTRACTORS 9 TITLE 13,CALIFORNIA CODE OF REGULATIONS§2449(I)GENERAL REQUIREMENTS FOR IN-USE OFF-ROAD DIESEL-FUELED FLEETS CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS 10 OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS 11 TITLE 49,CODE OF FEDERAL REGULATIONS,PART 29 DEBARMENT AND SUSPENSION CERTIFICATION 12 NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS 13(A)-13(B) DISCLOSURE OF LOBBYING ACTIVITIES 14(A)-14(B) EXHIBIT 15-G LOCAL AGENCY BIDDER DBE COMMITMENT(CONSTRUCTION CONTRACTS) 15 DBE CONFIRMATION 16(A)-16(C) EXHIBIT 15-H DBE INFORMATION-GOOD FAITH EFFORTS 17(A)-17(B) EXHIBIT 12-B BIDDER'S LIST OF SUBCONTRACTORS 18 NOT USED 19 GUARANTY Contract Number 24-22-C INSTRUCTIONS FOR COMPLETING THE BID BOOK FOR FEDERAL AID PROJECTS General Complete forms in the Bid Book. Submit an electronic bid online at http://www.BidExpress.com (Section 2-1.33D) or submit a hardcopy bid: 1. Under sealed cover addressed to the Department and labeled with the name of the bidder, the name of the project and the statement'Do Not Open Until The Time Of Bid Opening.' 2. Marked as a bid 3. Identifying the contract number and the bid opening date Certain bid forms must be submitted with the bid and properly executed. Certain other forms and information must be submitted either with the bid or within the prescribed period after bid opening as specified elsewhere in these special provisions. Failure to submit the forms and information as specified results in a nonresponsive bid. If an agent other than the authorized corporation officer or a partnership member signs the bid, file a Power of Attorney with the Department either before opening bids or with the bid. Otherwise, the bid may be nonresponsive. Bid Item List and Bid Comparison Submit a bid based on the bid item quantities the Department shows on the Bid Item List. Bids will be evaluated and the low bidder determined as indicated in the Notice to Bidders. Bid Document Completion Proposal items are identified by title and by the word "Proposal"followed by the number assigned to the proposal item in question. Proposal items are included in the Bid Book. Proposal to the Board of Supervisors of Fresno County— Proposal 1 Provided for information. Bid Proposal Sheet— Proposal 2 One or more sheet(s)or list(s) upon which the bidder completes the bid. Fill out completely including a unit price and total for each unit price-based item and a total for each lump sum item. Do not make any additions such as "plus tax", "plus freight", or conditions such as "less 2% if paid by 15th". Use ink or typewriter for paper bids. Evaluation of Bid Proposal Sheet— Proposal 3 Describes how inconsistences and irregularities are evaluated and corrected when Design Services reviews the Bid Item List. Bid Security and Signature— Proposal 4 Submit one of the following forms of bidder's security equal to at least 10 percent of the bid: • Cash • Cashier's check • Certified check • Signed bidder's bond by an admitted surety insurer Indicate type of bid security provided. Contract Number 24-22-C • Cash—Acceptable but not recommended. Cash is deposited in a clearing account and is returned to bidders by County warrant. This process may take several weeks. • Cashier's or Certified Checks. This type of security is held until the bid is no longer under consideration. If submitted by a potential awardee, they will be returned when the contract is fully executed by the bidder and bonds and insurance have been approved. • Bid Bonds - Must be signed by the bidder and by the attorney-in-fact for the bonding company. Provide notarized signature of attorney-in-fact accompanied by bonding company's affidavit authorizing attorney- in-fact to execute bonds. An unsigned bid bond will be cause for rejection. Bonding companies may provide their own bid bond forms. The Bid Security and Signature sections must be completed by the bidder and submitted with their bid. Acknowledge Addenda Provide contractor's license information. State business name and if business is a: • Corporation - list officers • Partnership- list partners • Joint Venture- list members; if members are corporations or partnerships, list their officers or partners. • Individual - list Owner's name and firm name style Signature of Bidder-the following lists types of companies and corresponding authorized signers. • Corporation - by an officer • Partnership- by a partner • Joint Venture- by a member • Individual - by the Owner If signature is by a Branch Manager, Estimator, Agent, etc., the bid must be accompanied by a power of attorney authorizing the individual to sign the bid in question or to sign bids more generally, otherwise the bid may be rejected. • Business Address - Firm's Street Address • Mailing Address - P.O. Box or Street Address • Complete, sign, and return with bid. Noncollusion Declaration —Proposal 5 Must be completed, signed, and returned with bid. Public Contract Code Section 10285.1 Statement— Proposal 6 Select"has"or"has not" in accordance with instructions on form, return with completed for with bid. Note that signing the bid constitutes signing this statement. Public Contract Code Section 10162 Questionnaire And Public Contract Code 10232 Statement— Proposal 7 Select"yes"or"no" accordance with instructions on form, include explanation if"yes" is selected. Return completed form with bid. Note that signing the bid constitutes signing this questionnaire and statement. Subcontractors— Proposal 8 Sheet(s) or spaces where upon which bidders list subcontractors. List each subcontractor to perform work in an amount in excess of 1/2 of 1 percent of the total bid (Pub. Contract Code §4100 et seq.). INSTRUCTIONS FOR COMPLETING THE BID BOOK FOR FEDERAL AID PROJECTS:Page 2 of 4 The Subcontractor List submitted with the bid must show the name, location of business, work portions to be performed, Department of Industrial Relations registration number, and the contractor's license number for each subcontractor listed. • Use subcontractor's business name style as registered with the License Board. • Specify the city in which the subcontractor's business is located and the state if other than California. • Description of the work to be performed by the subcontractor. Indicate with bid item numbers from the bid item list and/or work descriptions similar to those on bid item list. • List Department of Industrial Relations number and license number for each subcontractor. Upon request from Design Services, provide the following additional information within 24 hours of bid opening if not included on the Subcontractor List submitted with the bid: • Complete physical address for each subcontractor listed. • Percentage of the total bid or dollar amount associated with each subcontractor listed. Title 13, California Code of Regulations § 2449(i) General Requirements for In-Use Off-Road Diesel- Fueled Fleets— Proposal 9 Contractors, if applicable, must submit valid Certificates of Reported Compliance with their bid. Subcontractor certificates will be due no later than 4:00 PM on the fifth (5th) calendar day after the bid opening if not submitted with the bid. Certification With Regard To The Performance Of Previous Contracts Or Subcontracts Subject To The Equal Opportunity Clause And The Filing Of Required Reports— Proposal 10 For a Federal-aid contract, complete, sign, and return with bid. Certification of proposed subcontractors is the responsibility of the Bidder and must be provided to the County upon request. Title 49, Code of Federal Regulations, Part 29 Debarment And Suspension Certification— Proposal 11 For a Federal-aid contract, complete, sign, and return with bid. Certification of proposed subcontractors is the responsibility of the Bidder and must be provided to the County upon request. Non-lobbying Certification for Federal-Aid Contracts— Proposal 12 For a Federal-aid contract, complete, sign, and return with bid. Disclosure of Lobbying Activities— Proposal 13(a) through Proposal 13(b) For a Federal-aid contract, complete, sign, and return with bid. Exhibit 15-G Local Agency Bidder DBE Commitment(Construction Contracts) —Proposal 14(a) through Proposal 14(b) For a Federal-aid contract, bidders must complete and submit so that it is received by Design Services, no later than 4:00 PM on the fifth (5th) calendar day after the bid opening if not submitted with the bid. Exhibit 9-1 DBE Confirmation—Proposal 15 For a Federal-aid contract, bidders shall provide to Design Services written confirmation from each DBE that the DBE is participating in the Contract. Exhibit 9-1: DBE Confirmation and the DBE's quote must be submitted. The written confirmation must be submitted no later than 4:00 PM on the fifth (5th) calendar day after the bid opening if not submitted with the bid. Exhibit 15-H DBE Information— Good Faith Efforts—Proposal 16(a)through Proposal 16(c) For a Federal-aid contract, if you did not meet the DBE goal, bidders must complete and submit so that it is received by Design Services no later than 4:00 PM on the fifth (5th) calendar day after the bid opening if not submitted with the bid. INSTRUCTIONS FOR COMPLETING THE BID BOOK FOR FEDERAL AID PROJECTS:Page 3 of 4 Exhibit 12-B Bidder's List of Subcontractor(DBE and Non-DBE)— Proposal 17(a) through Proposal 17(b) For a Federal-aid contract, bidders must submit so that it is received by Design Services, no later than 4:00 PM on the fifth (51h) calendar day after the bid opening if not submitted with the bid. Fill out as completely as possible. Opt Out of Payment Adjustments for Price Index Fluctuations— Proposal 18 Not used Guaranty— Proposal 19 Does not need to be signed with the bid. Part of the contract which must be signed by the contractor when contract is executed. INSTRUCTIONS FOR COMPLETING THE BID BOOK FOR FEDERAL AID PROJECTS:Page 4 of 4 General Info Total: $43,348.00 Number Description 24-22-C Houghton Canal at N Chateau Fresno Avenue Tree Removal Deadline The work to be done consists, in general, of the removal and proper disposal of 242 02/06/2025 02:00 PM PST almond trees, 222 grapevines, and one additional tree, including the root ball, located within the project limits of the Houghton Canal Bridge Replacement Project on N Vendor Chateau Fresno Avenue. Additional work will also include removing any abandoned Julian Tree Care Inc components of irrigation systems, cleaning up debris after tree removal, and grading to keep property owners' flood irrigations systems fully functional. Submitted The DBE goal is 14 percent. 02/06/2025 10:15 AM PST Signed by Federal Project Number: BRLO-5942(237) Julian Cabrera Account Holder Allows zero unit prices and labor Julian Cabrera Yes Opened Allows negative unit prices and labor 02/06/2025 02:07 PM PST By Yes ilianamartinez@fresnocountyca.gov Page 1 of 25 02/06/2025 Attachment List Project Webslte (http://www.fresnocountyca.gov/Departments/Public-Works-and-Planning/Construction-Bidding-Opportunities/24-22-C-Houghton-Canal- at-N-Chateau-Fresno-Avenue-Tree-Removal) RFC form, bid opening details, any Supplemental Information including RFC responses, prebid conference information, etc. Specifications (17 MB) (http://www.fresnocountyca.gov/files/sharedassets/county/v/2/public-works-and-planning/design/construction-bidding- opportun ities/24-22-c-houghton-canal-tree-removal/24-22-c-specifications.pdf) Specifications (17 MB) Addendum 1 (http://www.fresnocountyca.gov/files/sharedassets/county/v/1/public-works-and-planning/design/construction-bidding-opportunities/24-22-c- houghton-canal-tree-removal/addendum-1.pdf) Addendum 1 Tree Removal Detail - Addendum 1 (12 MB) (http://www.fresnocountyca.gov/files/sharedassets/county/v/1/public-works-and-planning/design/ construction-bidding-opportunities/24-22-c-houghton-canal-tree-removal/tree-removal-exhibit-addendum-1.pdf) Tree Removal Detail - Addendum 1 (12 MB) Addendum 2 (http://www.fresnocountyca.gov/files/sharedassets/county/v/2/public-works-and-planning/design/construction-bidding-opportunities/24-22-c- houghton-canal-tree-removal/addendu m-2.pdf) Addendum 2 Page 2 of 25 02/06/2025 Proposal to the County of Fresno - Proposal 1 Proposal to the County of Fresno hereinafter called the Owner HOUGHTON CANAL AT N CHATEAU FRESNO AVENUE TREE REMOVAL The work embraced herein shall be done in accordance with the 2023 Standard Specifications and with the 2023 Standard Plans, of the State of California, Department of Transportation insofar as the same may apply and in accordance with these special provisions. Except to the extent that they may conflict with these special provisions, revised Standard Specifications apply to the extent included in the section entitled "Project Details" of the book entitled "Specifications." The undersigned, as bidder, declares that the only persons, or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that they have carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and they propose and agree if this proposal is accepted, that they will contract with the Owner to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that they will take in full payment therefor the following unit prices, to-wit: Page 3 of 25 02/06/2025 Bid Item List - Proposal 2A $43,348.00 Item No. Quantity Unit Item Item Price Extension Description 1 1 LS Traffic Control $2,300.00 $2,300.00 System 2 1 LS Job Site $800.00 $800.00 Management Prepare and 3 1 LS Implement Water $2,200.00 $2,200.00 Pollution Control Program 5 222 EA Remove $76.00 $16,872.00 Grapevines 5 242 EA Remove Almond $78.00 $18,876.00 Trees Remove Tree 6 1 EA (more than 1.0 $800.00 $800.00 LF up to 2.0 LF DBH) 7 1 LS Post Operation $500.00 $500.00 Clearing 8 1 LS Mobilization $1,000.00 $1,000.00 Total: $43,348.00 Page 4 of 25 02/06/2025 Evaluation of Bid Item List - Proposal 3 Abbreviations used in the bid proposal sheet are identified in Section 1-1.06, "Abbreviations," of these special provisions. Bids are required for the entire work. Bids will be compared on the basis indicated in the Notice to Bidders. The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows: (a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the Owner's Final Estimate of cost. If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided. Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail. The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the Owner, and that discretion will be exercised in the manner deemed by the Owner to best protect the public interest in the prompt and economical completion of the work. The decision of the Owner respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. If this proposal shall be accepted and the undersigned shall fail to contract, as aforesaid, and to give the two bonds in the sums to be determined as aforesaid, with surety satisfactory to the Owner, within eight (8) days not including Saturdays, Sundays and legal holidays, after the bidder has received notice of award of the contract, the Owner, at its option, may determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the Owner. Page 5 of 25 02/06/2025 Bid Security - Proposal 4 Bond Percentage 10.00% Guarantee Method Cash, Cashier's Check, Certified Check, Paper Bid Bond Cash, Cashier's Check, Certified Check, Paper Bid Bond Confirmation * I have provided a Paper Bid Bond for the Bid Security Amount above prior to the solicitation deadline. You must either attach an electronic bid bond here or provide an original bid bond (or other form of bid security authorized by Public Contract Code Section 20129(a)) to the office location according to the instructions in the Notice to Bidders prior to the bid opening. Page 6 of 25 02/06/2025 Addendum Acknowledgement - Proposal 4 Bidders must acknowledge all addenda. The Bidder acknowledges receipt of the following ADDENDA: (Enter the number the Designer has assigned to each of the addenda that the Bidder is acknowledging) Type N/A if no addenda were issued. Click "+" to add additional fields. Addendum No. * ADDENDUM NO. 1 Dated * January 27, 2025 Type N/A if no addenda were issued. Click "+" to add additional fields. 1 Addendum No. * ADDENDUM NO. 2 Dated * January 30, 2025 Page 7 of 25 02/06/2025 Bidder Signature - Proposal 4 Business Name * Julian Tree Care Inc Note: If bidder or other interested person is a corporation, state legal name of corporation. If bidder is a co-partnership, state true name of firm. Type of Business Corporation - list Officers Business Owners and Officers Names Julian Cabrera CEO Note: If bidder or other interested person is: • a corporation, list names of the president, secretary, treasurer and manager thereof • a partnership, list names of all individual co-partners composing firm. • an individual, state first and last name in full. Names of Owners and Key Employees Julian Cabrera CEO Note: List majority owners of your firm. If multiple owners, list all. Also include anyone, including key employees, who are actively promoting the contract. (SB1439) Licensed in accordance with an act providing for the registration of Contractors: Class D-49 Contractor License No. * Expires 1009796 12/31/2025 Page 8 of 25 02/06/2025 DIR Registration Number PW-LR 1000909997 Business Address 561 Juliga Woods St, Richmond, CA Zip Code 94804 Mailing Address 561 Juliga Woods St, Richmond, CA Zip Code 94804 Business Phone * Fax Number (510) 256-7009 E-mail Address juliantreecare@gmail.com Signature of Bidder Julian Cabrera Dated * 02/06/25 NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the co- partnership; and if bidder is an individual, bidder signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the Owner prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Page 9 of 25 02/06/2025 Noncollusion Declaration - Proposal 5 Federal Project Number: BRLO-5942(237) To the County of Fresno: TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID* The undersigned declares: I am the (Choose one of the following options): Owner If Corporate Officer please list Title: of (Business Name): Julian Tree Care Inc. the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, and has not paid, and will not pay, any person or entity for that purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on Date: * 02/06/2025 at City, State: Richmond CA Signature: * Julian Cabrera Page 10 of 25 02/06/2025 (See Title 23 United States Code Section 112; Calif Public Contract Code Section 7106) *NOTE: Completing, signing, and returning the Non-Collusion Declaration is a required part of the Proposal. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Page 11 of 25 02/06/2025 Public Contract Code - Proposal 6-7 Public Contract Code Section 10285.1 Statement - Proposal 6 In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder Choose an option: * Has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. The above Statement is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section 10162 Questionnaire - Proposal 7 In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Choose an option: No If the answer is No, please type N/A. If the answer is Yes, explain the circumstances in the following space. N/A Public Contract Code Section 10232 Statement - Proposal 7 In conformance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than Page 12 of 25 02/06/2025 one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-years period because of the Contractor's failure to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Page 13 of 25 02/06/2025 Subcontractors - Proposal 8(a) The following named subcontractor(s) will perform with labor, or otherwise render services to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half of one percent of the total bid presented herewith. Please fill out as completely as possible when submitting your bid. Use subcontractor's business name style as registered with the License Board. Submission of subcontractor's name, location of business and description of work, California contractor's license number and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code, all are REQUIRED, by Section 4104 of the California Public Contract Code, to be submitted prior to bid opening. (The "location of business" must specify the city in which the subcontractor's business is located, and the state if other than California.) All other requested information shall be submitted, either with the bid or within 24 hours after bid opening. Please fill out as completely as possible when submitting your bid. Use subcontractor's business name style as registered with the License Board. FAILURE TO LIST SUBCONTRACTORS AS DIRECTED MAY RENDER THE BID NON-RESPONSIVE, OR MAY RESULT IN ASSESSMENT OF A PENALTY AGAINST THE BIDDER IN ACCORDANCE WITH SECTION 4110 OF THE CALIFORNIA PUBLIC CONTRACT CODE. Subcontractor: To add more subcontractor listings, click the "+" to add additional fields. Subcontractor: * MZB Engineering Inc Business Address 1192 Athlone Lane Corona, CA 92882 Class License No. A-1084559 DIR Registration No. PW-LR-1000849264 Item No. or Description of Work Traffic control Dollar Amount: OR Percentage of Total Bid: 14% Email Address: humayun.aziz@mzbinc.com Page 14 of 25 02/06/2025 California Code of Regulations: General Requirements for In-Use Off-Road Diesel-Fueled Fleets - Proposal 9 In conformance with Title 13 § 2449(i), bidders will be required to attach copies of valid Certificates of Reported Compliance for the fleet selected for the contract and their listed subcontractors. Before May 15th of each year, the prime contractor must collect a new valid Certificate of Reported Compliance for the current compliance year, as defined in section 2449(n), from all fleets that have an ongoing contract with the prime contractor as of March 1 of that year. Prime contractors must not write contracts to evade this requirement. Annual renewals must be provided to the Resident Engineer at least one week prior to the expiration date of the current certificate. https://ww2.arb.ca.gov/resources/fact-sheets/fact-sheet-contracting-requirements Choose all that apply: ❑Bidder's Certificate of Reported Compliance has been attached to the bid. ❑✓ Bidder does not have a fleet subject to this regulation as outlined in Section 2449(i)(1)-(4). ❑Listed subcontractors' certificates have been attached or will be submitted within five (5) calendar days of the bid opening. ❑✓ The following subcontractors do not have a fleet subject to this regulation as outlined in Section 2449(i)(1)-(4): Subcontractors MZB Engineering Inc. FAILURE TO PROVIDE THE CERTIFICATES OF REPORTED COMPLIANCE AS DIRECTED MAY RENDER THE BID NON- RESPONSIVE. Page 15 of 25 02/06/2025 Certification With Regard To The Performance Of Previous Contracts Or Subcontracts Subject To The Equal Opportunity Clause And The Filing Of Required Reports - Proposal 10 The bidder or proposed subcontractor hereby certifies that they Please choose an option below have participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that they Please select an option below have filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Company * Julian Tree Care Inc By: * Julian Cabrera Title CEO Date 02/06/25 NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Director, Office of Federal Contract Compliance, U. S. Department of Labor. Page 16 of 25 02/06/2025 Page 17 of 25 02/06/2025 Title 49, Code Of Federal Regulations, Part 29 - Debarment And Suspension Certification - Proposai 11 The bidder or proposed subcontractor under penalty of perjury, certifies that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If no exceptions enter "No Exceptions." If there are any exceptions to this certification, insert the exceptions in the following space: No Exceptions Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action: N/A Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing the Proposal on the signature portion thereof shall also constitute signature of this Certification. By my signature on this proposal, I certify, under penalty of perjury under the laws of the State of California and the United States Page 18 of 25 02/06/2025 of America, that the Title 23 United States Code, Section 112 Non-Collusion Declaration and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct. Company * Julian Tree Care Inc. By * Julian Cabrera Date * 02/06/25 Title CEO Page 19 of 25 02/06/2025 Nonlobbying Certification For Federal-Aid Contracts - Proposal 12 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with awarding of any cooperative agreement, and the extension, continuation, renewal, amendment, or INSTALLATION 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. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Bidder * Julian Tree Care Inc By * Julian Cabrera Date * 02/06/25 Title CEO Page 20 of 25 02/06/2025 Disclosure of Lobbying, DBE Forms, and Bidders List of Subcontractors - Proposal 13-17 OMB 0348-0046 Disclosure of Lobbying Activities - Proposal 13 (223 KB) Disclosure of Lobbying Activities Exhibit 15G Constructions Contract DBE Commitment - Proposal 14 (2.76 MB) LAPM Exhibit 15-G Construction Contract DBE Commitment Form Exhibit 91 DBE Confirmation - Proposal 15 (209 KB) LAPM Exhibit 9-1 DBE Confirmation Exhibit 15H Proposer Contractor Good Faith Efforts - Proposal 16 (730 KB) LAPM Exhibit 15-H DBE Information - Good Faith Effort Exhibit 12B Bidder's List of Subcontractors - Proposal 17 (564 KB) LAPM Exhibit 12-B Bidder's List of Subcontractors Page 21 of 25 02/06/2025 Proposal 18 NOT USED Page 22 of 25 02/06/2025 Guaranty - Proposal 19 Optional: Vendor is not required to complete. (This guaranty shall be executed by the successful bidder in accordance with instructions in the special provisions. The bidder may execute the guaranty on this page at the time of submitting their bid.) GUARANTY To the Owner: County of Fresno CONTRACT NUMBER The undersigned guarantees the construction and installation of the following work included in this project: 24-22-C ALL WORK Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within twelve (12) months after date on which this contract is accepted by the Owner, the undersigned agrees to reimburse the Owner, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the Owner, to replace any such material and to repair said work completely without cost to the Owner so that said work will function successfully as originally contemplated. The Owner shall have the unqualified option to make any needed replacement or repairs itself or to have such replacements or repairs done by the undersigned. In the event the Owner elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the Owner. Date: * 02/06/25 Name (Printed): Julian Cabrera Signature: * Julian Cabrera Title: CEO Contractor: Julian Tree Care Inc. Page 23 of 25 02/06/2025 Required Documents Name Omission Terms Submitted File I am not Exhibit 10Q Disclosure of Lobbying Activites - enclosing this Proposal 13 document Complete this form to disclose lobbying activities Submit disclosure if needed. because the pursuant to 31 U.S.C. 1352 omission terms have been met. I am not Exhibit 15-G Construction Contract DBE enclosing this Commitment - Proposal 14 Due by 4pm on the 5th calendar day after bid document Local Assistance Procedures Manual Exhibit because the 15-G Construction Contract DBE Commitment opening. omission terms Form have been met. I am not enclosing this Exhibit 9-1 DBE Confirmation - Proposal 15 Due by 4pm on the 5th calendar day after bid document Local Assistance Procedures Manual Exhibit 9-1 opening for each participating DBE with each because the DBE Confirmation Form DBE's quotes. omission terms have been met. Exhibit 15-H Proposer/Contractor Good Faith Effort - Proposal 16 If DBE Goal not met, submit with 15-G by 4pm Exhibit Local Assistance Procedures Manual Exhibit on the 5th calendar day after bid opening. 15-H.pdf 15-H DBE Information - Good Faith Effort Exihibt 12B Bidder's List of Subcontractors - Due by 4pm on the 5th calendar day after bid Proposal 17 opening unless no subcontractors are listed on Exhibit 12B.pdf Local Assistance Procedures Manual Exhibit bid. 12-B Bidder's List of Subcontractors I am not CARB Certification of Reported Compliance - enclosing this Bidder document Valid CARB Certification of Reported Compliance Does not have a fleet subject to this regulation. because the - Bidder omission terms have been met. I am not CARB Certification(s) of Reported Compliance - enclosing this Subcontractors Due by 4pm on the 5th calendar day after bid document Valid CARB Certification(s) of Reported opening or no listed subcontractors have a fleet because the Compliance - Subcontractors subject to this regulation. omission terms have been met. 7 Required Documents Page 24 of 25 02/06/2025 Additional Documents (Use if needed) Name Omission Terms Submitted File Optional: Vendor is not required to complete. Not Required Extra space not needed Bid Bond.pdf Extra Space if needed Not Required Extra space not needed Addendum Extra Space if needed 1.pdf Not Required Extra space not needed Addendum Extra Space if needed 2.pdf 3 Required Documents Page 25 of 25 02/06/2025 Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities EXHIBIT 10-Q 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 N/A f. loan insurance date of last report N/A 4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: ❑Prime 7Subawardee Tier N/A if known Congressional District,if known Congressional District,if known 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,if applicable N/A S. 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) $ N/A actual ❑planned EI a. retainer b. one-time fee 13. Form of Payment(check all that apply): _� c. commission 11 a. cash d. contingent fee 13 b. in-kind;specify:nature N/A e deferred Value N/A £ other,specify N/A 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 Form LLL Rev.04-28-06 Distribution: Orig-Local Agency Project Files N/A Page 1 LPP 13-01 May 8,2013 Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities 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 Page 2 LPP 13-01 May 8,2013 Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT 1. Local Agency: Fresno County 2.Contract DBE Goal: 14% 3.Project Description: removal and proper disposal of 242 almond trees, 222 grapevines, and one additional tree including root ball. 4. Project Location: N. CHATEAU FRESNO AVENUE, 0.5 MILES SOUTH OF BELMONT AVENUE 5.Bidder's Name: Julian Tree Care Inc. 6.Prime Certified DBE: O 7.Bid Amount: $45,600 8.Total Dollar Amount for ALL Subcontractors: $ 6,620.00 9.Total Number of ALL Subcontractors: 1 10. Bid 12.DBE 14.DBE Item 11.Description of Work,Service,or Materials Certification 13. DBE Contact Information Dollar Number Supplied Number (Must be certified on the date bids are opened) Amount 24-22-c Traffic Control 50891 MZB Engineering &Construction Inc. $6,620 Local Agency to Complete this Section upon Execution of Award 21.Local Agency Contract Number: 24-22-C 0 15.TOTAL CLAIMED DBE PARTICIPATION 22.Federal-Aid Project Number: BRLO-5942(237) oA4 23.Bid Opening Date: 02/06/2025 24.Contract Award Date: 02/18/2025 IMPORTANT: Identify all DBE firms being claimed for credit, 25.Award Amount: $43,348.00 ] regardless of tier.Names of the First Tier DBE Subcontractors and their respective item(s)of work listed above must be consistent, where applicable with the names and items of the work in the Local Agency certifies that all DBE certifications are valid and information on "Subcontractor List"submitted with your bid.Written confirmation of this form is complete and accurate. each listed DBE is required. Jennica Geddert D'9"a'"25,02,9 1101Ge° 02/19/2025 / Date:2025.02.1913:11'.01-08'00' �2L11/ 26.Local Agency Representative's Signature 27.Date 16.Prepar8rs3ignature 17.Date Jennica Geddert (559)353-4919 Julian Cabrera 510-256-7009 28. Local Agency Representative's Name 29.Phone 18.Preparer's Name 19.Phone Senior Staff Analyst CEO 30. Local Agency Representative's Title 20.Preparer's Title DISTRIBUTION: 1.Original-Local Agency 2.Copy-Caltrans District Local Assistance Engineer(DLAE).Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. 3.Include additional copy with award package. LPP 18-01 Page 1 of 3 January2019 Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment ADA Notice: For individuals with sensory disabilities,this document is available in alternate formats. For information call(916)654-6410 or TDD(916)654- 3880 or write Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814. INSTRUCTIONS—CONSTRUCTION CONTRACT DBE COMMITMENT CONTRACTOR SECTION 1.Local Agency-Enter the name of the local agency that is administering the contract. I 2.Contract DBE Goal-Enter the contract DBE goal percentage as it appears on the project advertisement. 3.Project Location-Enter the project location(s) as it appears on the project advertisement. 4.Project Description-Enter the project description as it appears on the project advertisement(Bridge Rehab, Seismic Rehab,Overlay,Widening, etc). 5.Bidder's Name-Enter the contractor's firm naive. 6.Prime Certified DBE-Check box if prime contractor is a certified DBE. 7.Bid Amount-Enter the total contract bid dollar amount for the prime contractor. 8.Total Dollar Amount for ALL Subcontractors—Enter the total dollar amount for all subcontracted contractors. SUM=(DBEs+all Non-DBEs).Do not include the prime contractor information in this count. 9.Total number of ALL subcontractors—Enter the total number of all subcontracted contractors. SUM=(DBEs+all Non-DBEs). Do not include the prime contractor information in this count. 10.Bid Item Number-Enter bid item number for work, services,or materials supplied to be provided. 11.Description of Work,Services,or Materials Supplied-Enter description of work, services,or materials to be provided.Indicate all work to be performed by DBEs including work performed by the prime contractor's own forces,if the prime is a DBE.If 100%of the item is not to be performed or furnished by the DBE,describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 12.DBE Certification Number-Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 13.DBE Contact Information-Enter the name,address,and phone number of all DBE subcontracted contractors. Also,enter the prime contractor's name and phone number,if the prime is a DBE. 14.DBE Dollar Amount-Enter the subcontracted dollar amount of the work to be performed or service to be provided.Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 15.Total Claimed DBE Participation-$: Enter the total dollar amounts entered in the"DBE Dollar Amount"column. %: Enter the total DBE participation claimed("Total Claimed DBE Participation Dollars"divided by item"Bid Amount"). If the total%claimed is less than item"Contract DBE Goal,"an adequately documented Good Faith Effort (GFE)is required(see Exhibit 15-H DBE Information-Good Faith Efforts of the LAPM). 16.Preparer's Signature-The person completing the DBE commitment form on behalf of the contractor's firm must sign their name. 17.Date-Enter the date the DBE commitment form is signed by the contractor's preparer. 18.Preparer's Name-Enter the naive of the person preparing and signing the contractor's DBE commitment form. 19.Phone-Enter the area code and phone number of the person signing the contractor's DBE commitment form. 20.Preparer's Title-Enter the position/title of the person signing the contractor's DBE commitment form. LOCAL AGENCY SECTION 21.Local Agency Contract Number-Enter the Local Agency contract number or identifier. 22.Federal-Aid Project Number-Enter the Federal-Aid Project Number(s). 23.Bid Opening Date-Enter the date contract bids were opened. 24.Contract Award Date-Enter the date the contract was executed. 25.Award Amount—Enter the contract award amount as stated in the executed contract. 26.Local Agency Representative's Signature-The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate. 27.Date-Enter the date the DBE commitment form is signed by the Local Agency Representative. 28.Local Agency Representative's Name-Enter the name of the Local Agency Representative certifying the contractor's DBE commitment fonn. 29.Phone-Enter the area code and phone number of the person signing the contractor's DBE commitment form. LPP 18-01 Page 2 of 3 January 2019 Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment 30.Local Agency Representative Title-Enter the position/title of the Local Agency Representative certifying the contractor's DBE commitment form. LPP 18-01 Page 3 of 3 January 2019 Local Assistance Procedures Manual Exhibit 15-H Proposer/Contractor Good Faith Effort EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS Cost Proposal Due Date 02/06/2025 PE/CE Federal-aid Project No(s).BRLO-5942(237) Bid Opening Date 02/06/2025 CON The MZB Engineering Inc. established a Disadvantaged Business Enterprise (DBE) goal of 14.0 for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal. Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-01: Consultant Proposal DBE Commitments or Exhibit 15-G: Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer's or bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions, please attach additional sheets as needed: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder(please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement Called DEB via phone 02/06/2025 B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates MZB Engineering Inc. 02/06/2025 02/06/2025 Page 1 of 3 May 2020 Local Assistance Procedures Manual Exhibit 15-H Proposer/Contractor Good Faith Effort C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal. Items of Proposer or Bidder Breakdown of Amount Percentage Work Normally Performs Item Items ($) Of (Y/N) Contract N/A Pick N/A $ 6,620.00 14.00% Pick 0.00% Pick 0.00% Pick 0.00% D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: N/A Names, addresses and phone numbers of firms selected for the work above: N/A E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs: N/A Page 2 of 3 May 2020 Local Assistance Procedures Manual Exhibit 15-H Proposer/Contractor Good Faith Effort F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: N/A G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results N/A H. Any additional data to support a demonstration of good faith efforts: N/A Page 3 of 3 May 2020 Local Assistance Procedures Manual Exhibit 12-B Bidder's List of Subcontractors(DBE and NON-DBE) Exhibit 12-B Bidder's List of Subcontractor(DBE and Non-DBE) Part 1 As of March 1,2015 Contractors(and sub-contractors)wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/Contractor-Registration.html In accordance with Title 49, Section 26.11 of the Code of Federal Regulations,and Section 4104 of the Public Contract Code of the State of California,as amended,the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent(0.5%)of the Total Base Bid or$10,000 (whichever is greater). Photocopy this form for additional firms. Federal Project Number: BRLo-5942(237) Subcontractor Name and Line Item&Description Subcontract Percentage of Contractor DBE DBE Cert Annual Gross Receipts Location Amount Bid Item Sub- License Number (Y/N) Number contracted DIR Reg Number Name: Traffic Control 6,620 14% A-1084559 Y ❑ <$1 million MZB Enginering Inc. ❑ <$5 million City,State: ❑ <$10 million Corona,CA 'W-LR-100084926z ❑ <$15 million Age of Firm:_yrs. Name: ❑ <$1 million ❑ <$5 million City,State: ❑ <$10 million ❑ <$15 million Age of Firm:_yrs. Name: ❑ <$1 million ❑ <$5 million City,State: ❑ <$10 million ❑ <$15 million Age of Firm:_yrs. Name: ❑ <$1 million ❑ <$5 million City,State: ❑ <$10 million ❑ <$15 million Age of Firm:_yrs. Name: ❑ <$1 million ❑ <$5 million City,State: ❑ <$10 million ❑ <$15 million Age of Firm:_yrs. Name: ❑ <$1 million ❑ <$5 million City,State: ❑ <$10 million ❑ <$15 million Age of Firm:_yrs. Distribution: 1)Original-Local Agency File 2)Copy-DLAE w/Award Package Page 1 of 2 January 2019 Local Assistance Procedures Manual Exhibit 12-B Bidder's List of Subcontractors(DBE and NON-DBE) Exhibit 12-B Bidder's List of Subcontractor(DBE and Non-DBE) Part 2 In accordance with Title 49,Section 26 of the Code of Federal Regulations,the Bidder shall list all subcontractor who provided a quote or bid but were not selected to participate as a subcontractor on this project. Photocopy this form for additional firms. Federal Project Number: Subcontractor Name and Line Item&Description Subcontract Percentage of Contractor DBE DBE Cert Annual Gross Receipts Location Amount Bid Item Sub- License Number (Y/N) Number contracted DIR Reg Number Name: ❑ <$1 million N/A ❑ <$5 million City,State: ❑ <$10 million ❑ <$15 million Age of Firm:_yrs. Name:N/A ❑ <$1 million ❑ <$5 million City,State: ❑ <$10 million ❑ <$15 million Age of Firm:_yrs. Name:N/A IFE] <$1 million <$5 million City,State: <$10 million <$15 million of Firm:_yrs. Name:N/A <$1 million ❑ <$5 million City,State: ❑ <$10 million ❑ <$15 million Age of Firm:_yrs. Name:N/A ❑ <$1 million ❑ <$5 million City,State: ❑ <$10 million ❑ <$15 million Age of Firm:_yrs. Name:N/A ❑ <$1 million ❑ <$5 million City,State: <$10 million ❑ <$15 million Age of Firm:_yrs. Distribution: 1)Original-Local Agency File 2)Copy-DLAE w/Award Package Page 2 of 2 January 2019 AGREEMENT THIS AGREEMENT made at Fresno, in Fresno County, California, by and between Julian Tree Care Inc. hereinafter called the Contractor, and the County of Fresno hereinafter called the Owner. WITNESSETH: That the Contractor and the Owner, for the consideration hereinafter named, agree as follows: ARTICLE I. The Contractor agrees to furnish all labor and materials, including tools, implements, and appliances required, but excluding such materials as are mentioned in the specifications to be furnished by the Owner, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, materialmen, teamsters, subcontractors, artisans, machinists, and laborers required for: HOUGHTON CANAL AT N CHATEAU FRESNO AVENUE TREE REMOVAL N. CHATEAU FRESNO AVENUE, 0.5 MILES SOUTH OF BELMONT AVENUE FEDERAL PROJECT NUMBER: BRLO-5942(237) CONTRACT NUMBER: 24-22-C All in strict compliance with the plans, drawings and specifications therefor prepared by the Owner, and other contract documents relating thereto. ARTICLE II. The Contractor and the Owner agree that the Notice to Bidders and Special Provisions, the Wage Scale (Prevailing Wages), the Plans and Drawings, Addenda and Bulletins thereto, and the Proposal (Bid Book) hereto attached, together with this Agreement, form the contract, and they are as fully a part of the contract as if hereto attached or herein repeated. All portions of the Standard Specifications of the State of California, Department of Transportation, dated 2015, which are not in conflict with this contract shall be deemed a part of the specifications as though fully therein set forth; provided, however, that revisions to the said Standard Specifications shall apply only to the extent, if any, included in the Project Details of these specifications or as otherwise incorporated directly herein. No part of said specifications which is in conflict with any portion of this agreement, or which is not actually descriptive of the work to be done thereunder, or of the manner in which said work is to be executed, shall be considered as any part of this agreement, but shall be utterly null and void. ARTICLE III. The Owner agrees to pay the Contractor in current funds for the performance of the contract the sum of Four Million Three Hundred And Thirty-Four Thousand Eight Hundred DOLLARS AND 00/100 ($43,348.00) it being understood that said price is based upon the estimated quantities of materials to be used as set forth in the Proposal, except where provisions are made in the contract documents whereby the estimated quantities shall constitute the final quantity; that upon completion of the project the final contract prices shall be revised by change order, if necessary,to reflect the true quantities used at the stated unit price thereof as contained in the Contractor's Proposal hereto attached. Payments on account thereof will be made as set forth in the special provisions. ARTICLE IV. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his Contract Number 24-22-C Agreement - 1 insolvency, or if he or any of his subcontractors should persistently violate any of the provisions of the contract, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, then the Owner may, upon certificate of the Engineer when sufficient cause exists to justify such action, serve written notice upon the Contractor and his surety of its intention to terminate the contract, and unless within five days after the serving of such notice, such violations shall cease and satisfactory arrangements for correction thereof be made, the contract shall, upon the expiration of said five days, cease and terminate. In the event of any such termination, the Owner shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the contract, provided, however, that if the surety within ten (10) days after the serving upon it of notice of termination does not give the Owner written notice of its intention to take over and perform the contract or does not commence performance thereof within the ten (10) days stated above from the date of the serving of such notice, the Owner may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred by the Owner, as herein provided and damage incurred through the Contractor's default, shall be certified by the Engineer. ARTICLE V. To the fullest extent permitted by law with respect to any work required to be done under this contract, the Contractor will indemnify and hold harmless the COUNTY OF FRESNO, STATE OF CALIFORNIA, UNITED STATES OF AMERICA, and all other participating public agencies, whether or not said agencies are named herein, who have jurisdiction within the areas in which the work is to be performed, and all officers and employees of the Owner, the County, the State, the United States and said other participating agencies, from any and all costs and expenses, attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its officers, agents or employees under this Agreement, and from any and all costs and expenses, attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of CONTRACTOR, its officers, agents or employees under this Agreement. In addition, CONTRACTOR agrees to indemnify COUNTY for Federal, State of California and/or local audit exceptions resulting from non-compliance herein on the part of CONTRACTOR. CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its officers, agents, or employees under this Agreement, and from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of CONTRACTOR, its officers, agents, or employees under this Agreement. The Certificate of Insurance shall be issued in duplicate, to the COUNTY OF FRESNO and all other participating agencies, whether or not said agencies are named herein, who contribute to the cost of the work or have jurisdiction over areas in which the work is to be performed and all officers and employees of said agencies while acting within the course and scope of their duties and responsibilities. Contract Number 24-22-C Agreement - 2 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current AM Best Company rating of A FSC VII or better. Without limiting the COUNTY'S right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability Commercial General Liability Insurance with limits not less than those shown in the following table: Liability Insurance Requirements For each Aggregate for General Umbrella or Total bid occurrences products/completed aggregateb excess operation liability s $500,000 $1,000,000 $2,000,0007 $$2,000,000 $2,000,000 sCombined single limit for bodily injury and property damage. bThis limit must apply separately to your work under this Contract. °The umbrella or excess policy must contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability, or any other liability insurance deemed necessary because of the of the nature of this contract. Such Commercial General Liability insurance shall name the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30)days advance written notice given to COUNTY. CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance policy naming COUNTY as an additional insured and providing for a thirty (30) day prior written notice of cancellation or change in terms or coverage. Within eight (8) days from date CONTRACTOR executes this Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, or to designservices(o�fresnocountyca.gov, stating that such insurance coverages have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for an premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance an any other insurance, or self- insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional Contract Number 24-22-C Agreement - 3 insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents, and employees shall be excess only and not contributing with insurance provided under CONTRACTOR'S policies herein. This insurance shall not be cancelled or changed without a minimum or thirty (30) days advance written notice given to COUNTY. B. Automobile Liability Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage. Coverage should include owned and non-owned vehicles used in connection with this Agreement and all applicable endorsements. C. Professional Liability If CONTRACTOR is a licensed professional or employs professional staff, (e.g., Architect, Engineer, Surveyor, etc.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate with a provision for 3 year tail coverage. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. ARTICLE VI. Contractor represents that he has secured the payment of Worker's Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the work contemplated herein will continue so to comply with said provisions of said Code. Contractor shall supply the Owner with certificates of insurance, in duplicate, evidencing that Worker's Compensation Insurance is in effect and providing that the Owner will receive ten days notice of cancellation. If Contractor self-insures Worker's Compensation, Certificate of Consent to Self-insure should be provided the Owner. ARTICLE VII. The Contractor shall forthwith furnish in duplicate, a faithful performance bond in an amount equal to 100% of the contract price and a payment bond in an amount equal to 100% of the contract price, both bonds to be written by a surety company acceptable to the Owner and in the form prescribed by law. The payment bond shall contain provisions such that if the Contractor or his subcontractors shall fail to pay (a) amounts due under the Unemployment Insurance Code with respect to work performed under the contract, or (b) any amounts required to be deducted, withheld and paid over to the Employment Development Department and to the Franchise Tax Board from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the surety will pay these amounts. In case suit is brought upon the payment bond, the surety will pay a reasonable attorney's fee to be fixed by the court. ARTICLE VIII. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Except as provided in Labor Code section 1725.5(f), no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. Except as provided in Labor Code section 1725.5(f), no contractor or subcontractor may be awarded a contract for public work on a public works project or engage in the performance of work on any public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contract Number 24-22-C Agreement - 4 Contractor shall comply with all applicable laws and regulations relating to wages and employment, including all requirements imposed by the California Department of Industrial Relations (DIR). Contractor shall cooperate with County to furnish timely all information necessary for County's completion of the form required to be submitted by County when registering the Project on the DIR website; and County thereafter shall provide to Contractor the "Project ID Number" assigned by DIR in order to facilitate Contactor's submission to DIR of its certified payrolls for the Project, in the manner required and using such form as may be prescribed by DIR, in accordance with the provisions of Labor Code section 1771.4(a)(3). ARTICLE IX: Governing Law—Venue for any action arising out of or relating to this Agreement shall be in Fresno County, California. This Agreement shall be governed by the laws of the State of California. ARTICLE X: 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://ofac.treasury.gov/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://ofac.treasury.gov/specially-designated- nationals-and-blocked-persons-list-sdn-human-readable-lists). ARTICLE XI: USE OF UNITED STATES FLAG VESSELS: The Contractor agrees: (1) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment. material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. "(2) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States. a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. "(3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. ARTICLE XII: REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID CONSTRUCTION CONTRACTS The provisions of the Exhibit 12-G Required Federal-Aid Contract Language including the provisions of Form FHWA 1273 is hereby physically attached, unmodified as a part of this contract (Exhibit A). The provisions of Form 1273 applies to federal-aid contracts and all work performed by subcontracts and subsequent lower-tier subcontracts and is required to be physically included in each executed contract. Form 1273 of Exhibit A must be physically inserted, unmodified in its entirety, into all subcontracts, except for purchase orders, rental agreements and other agreements for supplies or services entered into as a result of this contract. ARTICLE XIII: MINIMUM FEDERAL WAGE RATES The Minimum Federal Wage Rates Determination is hereby physically attached, in conformance with federal 10-day rule as a part of this contract(Exhibit B). This wage rate determination applies to federal-aid contracts and all work performed exceeding $2000 by subcontracts and subsequent lower-tier subcontracts and is required to be physically included in each executed contract. Contract Number 24-22-C Agreement - 5 This Contract, 24-22-C, was awarded by the Director of Public Works and Planning on February 18, 2025. It has been reviewed by the Department of Public Works and Planning and is in proper order for signature of the Director of Public Works and Planning. IN WITNESS WHEREOF, they have executed this Agreement this_ 7th day of March , 2025 ACT COUNTY OF FRESNO `(CONTRACTOR) (OWNER) Digitally signed by Steve Steve White White B �1.� +� GlU1 L1 �e �� Date: 10-08'0 ' y ` � V By 10 54:10-08'00' Steven E. White, Director Public Works and Planning Title �� U County of Fresno Contract Number 24-22-C Agreement - 6 Exhibit A Required Federal Aid Contract Language From LAPM Exhibit 12-G EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE (For Local Assistance Construction Projects) The following language must be incorporated into all Local Assistance Federal-aid construction contracts. The following language, with minor edits, was taken from the Code of Federal Regulations. MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION 1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) ......................................................................................2 A. Nondiscrimination Statement................................................................................................................3 B. Contract Assurance...............................................................................................................................3 C. Prompt Progress Payment....................................................................................................................3 D. Prompt Payment of Withheld Funds to Subcontractors.....................................................................3 E. Termination and Replacement of DBE Subcontractors......................................................................4 F. Commitment and Utilization..................................................................................................................6 G. Running Tally of Attainments................................................................................................................7 H. Commercially Useful Function..............................................................................................................7 I. Use of Joint Checks ..............................................................................................................................8 2. BID OPENING.......................................................................................................................................................9 3. BID RIGGING........................................................................................................................................................9 4. CONTRACT AWARD............................................................................................................................................9 5. CONTRACTOR LICENSE....................................................................................................................................9 6. CHANGED CONDITIONS.....................................................................................................................................9 A. Differing Site Conditions.......................................................................................................................9 B. Suspensions of Work Ordered by the Engineer..................................................................................9 C. Significant Changes in the Character of Work..................................................................................10 7. BEGINNING OF WORK,TIME OF COMPLETION AND LIQUIDATED DAMAGES.........................................10 8. BUY AMERICA...................................................................................................................................................10 9. QUALITY ASSURANCE.....................................................................................................................................11 10. PROMPT PAYMENT..........................................................................................................................................12 11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS............................12 12. FEMALE AND MINORITY GOALS ....................................................................................................................12 13. TITLE VI ASSURANCES....................................................................................................................................14 14. FEDERAL TRAINEE PROGRAM.......................................................................................................................19 15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES..........................................................................................................................................................20 Agreement - 7 Page 1 of 18 October 2023 Required Federal Aid Contract Language From LAPM Exhibit 12-G 1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract(49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers. The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE)to meet this goal.An adequate GFE means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If the DBE goal is not met, the contractor needs to complete and submit the DBE GFE documentation as described in Local Assistance Procedures Manual (LAPM)Chapter 9, Section 9.8 within 5 (five) days of bid opening. It is the prime contractor's responsibility to verify that the DBE firm is certified as a DBE on the date of bid opening by using the California Unified Certification Program (CUCP)database and possesses the most specific available North American Industry Classification System (NAICS)codes and Work Code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document this verification by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at: https://dot.ca.gov/programs/civil-rights/dbe-search. DBE participation will only count toward the California Department of Transportation's federally mandated statewide overall DBE goal if the DBE performs a commercially useful function under 49 CFR 26.55. Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner: • 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer.49 CFR 26.55 defines "manufacturer" and "regular dealer." The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d) as follows: • The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals. • The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract. • The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. • The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. • The DBE may also lease trucks from a non-DBE firm, including from an owner-operator. The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased trucks with DBE employee drivers. Additional participation by non-DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement. • The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services. Agreement - 8 Page 2 of 18 October 2023 Required Federal Aid Contract Language From LAPM Exhibit 12-G • A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. A. Nondiscrimination Statement The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. B. Contract Assurance Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages;and/or (4) Disqualifying the contractor from future bidding as non-responsible. C. Prompt Progress Payment In accordance with California Business and Professions Code section 7108.5, the prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor's interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney's fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non- DBE subcontractors. D. Prompt Payment of Withheld Funds to Subcontractors The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two. Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agreement - 9 Page 3 of 18 October 2023 Required Federal Aid Contract Language From LAPM Exhibit 12-G Agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. E. Termination and Replacement of DBE Subcontractors The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency's written consent. The prime contractor shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency's prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid. Termination of DBE Subcontractors After a contract with a specified DBE goal has been executed, termination of a DBE may be allowed for the following, but not limited to,justifiable reasons with prior written authorization from the Agency: 1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency's bond requirements. 3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law, or is not properly registered with the California Department of Industrial Relations as a public works contractor. 4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination). 5. Listed DBE's work is unsatisfactory and not in compliance with the contract. 6. Listed DBE is ineligible to work on the project because of suspension or debarment. 7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness. 8. Listed DBE voluntarily withdraws with written notice from the Contract 9. Listed DBE is ineligible to receive credit for the type of work required. 10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11. The Agency determines other documented good cause. To terminate a DBE or to terminate a portion of a DBE's work, the contractor must use the following procedures: 1. Send a written notice to the DBE of Contractor's intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the Agency. The written notice to the DBE must request they provide any response within five (5) business days to both the Contractor and the Agency by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur. 2. If the DBE does not respond within 5 business days, Contractor may move forward with the request as if the DBE had agreed to Contractor's written notice. Agreement - 10 Page 4 of 18 October 2023 Required Federal Aid Contract Language From LAPM Exhibit 12-G 3. Submit Contractor's DBE termination request by written letter to the Agency and include: • One or more above listed justifiable reasons along with supporting documentation. • Contractor's written notice to the DBE regarding the request, including proof of transmission and tracking documentation of Contractor's written notice • The DBE's response to Contractor's written notice, if received. If a written response was not provided, provide a statement to that effect. The Agency shall respond in writing to Contractor's DBE termination request within 5 business days. Replacement of DBE Subcontractors After receiving the Agency's written authorization of DBE termination request, the Contractor must obtain the Agency's written agreement for DBE replacement. The Contractor must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment. The following procedures shall be followed to request authorization to replace a DBE firm: 1. Submit a request to replace a DBE with other forces or material sources in writing to the Agency which must include: a. Description of remaining uncommitted work items made available for replacement DBE solicitation and participation. b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following: • Quote for bid item work and description of work to be performed • Proposed subcontract agreement and written confirmation of agreement to perform on the Contract • Revised Subcontracting Request form • Revised Exhibit 15-G: Construction Contract DBE Commitment 2. If Contractor has not identified a DBE replacement firm, submit documentation of the Contractor's GFEs to use DBE replacement firms within 7 days of Agency's authorization to terminate the DBE. The Contractor may request the Agency's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as: • Search results of certified DBEs available to perform the original DBE work identified and/or other work the Contractor had intended to self-perform, to the extent needed to meet the DBE commitment • Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements • Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide Contractor's reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive • Copies of each DBE's and non-DBE's price quotes for work identified, as the Agency may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher • Additional documentation that supports the GFE The Agency shall respond in writing to the Contractor's DBE replacement request within five (5) business days. The Contractor must submit a revised Subcontracting Request form if the replacement plan is authorized by the Agency. Agreement - 11 Page 5 of 18 October 2023 Required Federal Aid Contract Language From LAPM Exhibit 12-G F. Commitment and Utilization The Agency's DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization. The bidder shall complete and sign Exhibit 15-G: Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. LAPM Exhibit 9-I: DBE Confirmation or equivalent form and DBE's quote must be submitted. The written confirmation must be submitted no later than 4pm on the 5th day after bid opening. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement. If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder's bid nonresponsive. The prime contractor shall use each DBE subcontractor as listed on Exhibit 15-G: Construction Contract DBE Commitment unless they receive written authorization for a termination or replacement from the Agency. The Agency shall request the prime contractor to: 1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work 3. Maintain records including: • Name and business address of each 1 st-tier subcontractor • Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier • Date of payment and total amount paid to each DBE (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment) If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work. Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z1)form. If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE)Certification Status Change, Exhibit 17-0, form and submit the form within 30 days of contract acceptance. Upon work completion, the prime contractor shall complete Exhibit 17-F: Final Report— Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form. G. Running Tally of Attainments For projects awarded on or after March 1, 2020, but before September 1, 2023: After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to business.support.unit(c)dot.ca.gov with a copy to local administering agencies. For projects that are awarded on or after September 1, 2023: Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the prime contractor must now submit Exhibit 9-P to the Local Agency administering the contract. If the Contractor does not make any payments to subcontractors, supplier(s)and/or manufacturers they must report"no payments were made to subs this month" and write this visibly and legibly on Exhibit 9-P. Agreement - 12 Page 6 of 18 October 2023 Required Federal Aid Contract Language From LAPM Exhibit 12-G H. Commercially Useful Function DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work on the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF. Additionally, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. The Contractor must perform CUF evaluation for each DBE company working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE's work, and continue to monitor the performance of CUF for the duration of the project. The Contractor must provide written notification to the AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place. Within 10 (ten)days of a DBE initially performing work or supplying materials on the contract, the Contractor shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 94 Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal: • Subcontract agreement with the DBE • Purchase orders • Bills of lading • Invoices • Proof of payment The Contractor must monitor all DBE's performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the contract using the LAPM 94 DBE Commercially Useful Function Evaluation. The Contractor must submit to the AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three (3) months of work. The Contractor must notify the AGENCY immediately if the Contractor believes the DBE may not be performing a CUF. The AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 94 DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional AGENCY evaluations. The AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The AGENCY will provide written notice to Contractor and DBE at least two(2) business days prior to any evaluation. The Contractor and DBE must participate in the evaluation. Upon completing the evaluation, the AGENCY must share the evaluation results with the Contractor and DBE. An evaluation could include items that must be remedied upon receipt. If the AGENCY determines the DBE is not performing a CUF the Contractor must suspend performance of the noncompliant work. The Contractor and DBEs must submit any additional CUF related records and documents within five (5) business days of AGENCY's request such as: • Proof of ownership or lease and rental agreements for equipment • Tax records • Employee rosters • Certified payroll records • Inventory rosters Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and Agreement - 13 Page 7 of 18 October 2023 Required Federal Aid Contract Language From LAPM Exhibit 12-G documents can result in withholding of payment for the value of work completed by the DBE. If the Contractor and/or the AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, immediately suspend performance of the noncompliant portion of the work. The AGENCY may deny payment for the noncompliant portion of the work. The AGENCY will ask the Contractor to submit a corrective action plan (CAP)to the AGENCY within five (5)days of the noncompliant CUF determination. The CAP must identify how the Contractor will correct the noncompliance findings for the remaining portion of the DBE's work. The AGENCY has five (5) days to review the CAP in conjunction with the prime contractor's review. The Contractor must implement the CAP within five (5) days of the AGENCY's approval. The AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work. If corrective actions cannot be accomplished to ensure the DBE performs a CUF on the Contract,then the Contractor may have good cause to request termination of the DBE. I. Use of Joint Checks A joint check may be used between the Contractor or lower-tier subcontractor and a DBE subcontractor purchasing materials from a material supplier if the contractor obtains prior approval from the LPA for the proposed use of joint check upon submittal of the LAPM 9-K: DLA Disadvantaged Business Enterprises (DBE) Joint Check Agreement Request form. To use a joint check, the following conditions must be met: • All parties, including the Contractor, must agree to the use of a joint check • Entity issuing the joint check acts solely to guarantee payment • DBE must release the check to the material supplier • LPA must authorize the request before implementation • Any party to the agreement must provide requested documentation within 10 days of the LPA's request for the documentation • Agreement to use a joint check must be short-term, not to exceed 1 year, allowing sufficient time needed to establish or increase a credit line with the material supplier A request for a joint check agreement may be initiated by any party. If a joint check is used, the DBE remains responsible for all elements of 49 CFR 26.55(c)(1). Failure to comply with the above requirements disqualifies DBE participation and results in no credit and no payment to the Contractor for DBE participation. A joint check may not be used between the Contractor or subcontractor and a DBE regular dealer, bulk material supplier, manufacturer, wholesaler, broker, trucker, packager, manufacturer's representative, or other persons who arrange or expedite transactions. 2. BID OPENING The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors. 3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800)424- 9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. 4. CONTRACT AWARD If the Agency awards the contract,the award is made to the lowest responsible and responsive bidder. 5. CONTRACTOR LICENSE The Contractor must be properly licensed as a contractor from contract award through Contract acceptance(23 CFR 635.110). 6. CHANGED CONDITIONS A. Differing Site Conditions 1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual Agreement - 14 Page 8 of 18 October 2023 Required Federal Aid Contract Language From LAPM Exhibit 12-G nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. 2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits,will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. 3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. 4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. [This provision may be omitted by the Local Agency, at their option.] B. Suspensions of Work Ordered by the Engineer 1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry)and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. 2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment(excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. 3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. 4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. C. Significant Changes in the Character of Work 1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. 2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. 3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract,the altered work will be paid for as provided elsewhere in the contract. 4. The term "significant change"shall be construed to apply only to the following circumstances: • When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or • When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. Agreement - 15 Page 9 of 18 October 2023 Required Federal Aid Contract Language From LAPM Exhibit 12-G 7. BEGINNING OF WORK,TIME OF COMPLETION AND LIQUIDATED DAMAGES Not used. See Specifications Section 8-1.04. 8. BUY AMERICA Buy America Requirements apply to steel and iron, manufactured products, and construction materials permanently incorporated into the project. Steel and Iron Materials All steel and iron materials must be melted and manufactured in the United States except: 1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)]; 2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total contract amount or$2,500, materials produced outside the United States may be used if authorized. Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied. Manufactured Products Iron and steel used in precast concrete manufactured products must meet the requirements of the above section (Steel and Iron Materials) regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of the above section (Steel and Iron Materials) if the weight of steel and iron components constitute 90 percent or more of the total weight of the manufactured product. Construction Materials Buy America requirements apply to the following construction materials that are or consist primarily of: 1. Non-ferrous metals 2. Plastic and polymer-based products such as: 2.1 Polyvinylchloride 2.2 Composite Building Materials 3. Glass 4. Fiber optic cable(including drop cable) 5. Optical fiber 6. Lumber 7. Engineered wood 8. Drywall All manufacturing processes for these materials as defined in 2 CFR 184.6 must occur in the United States. Where one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified. Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. Manufacturer's certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance. All manufacturing processes for these materials must occur in the United States. Buy America requirements do not apply to the following: 1. Tools and construction equipment used in performing the work 2. Temporary work that is not incorporated into the finished project Agreement - 16 Page 10 of 18 October 2023 Required Federal Aid Contract Language From LAPM Exhibit 12-G Waivers If Buy America waivers are granted, use the following language to include in the contract: The following steel and iron products, manufactured products, or construction materials have received an approved Buy America waiver for this contract, and therefore, are not subject to Buy America requirements: 1. 2. 9. QUALITY ASSURANCE The Local Agency uses a Quality Assurance Program (QAP)to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP. 10. PROMPT PAYMENT A. FROM THE AGENCY TO THE CONTRACTORS The Local Agency shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from the Contractor on a construction contract. If the Local Agency fails to pay promptly, the Local Agency shall pay interest to the Contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the Local Agency shall act in accordance with both of the following: 1. The Local Agency shall review each payment request as soon as feasible after receipt to verify it is a proper payment request. 2. The Local Agency must return any payment request deemed improper by the Local Agency to the Contractor as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request. B. SUBMITTAL OF EXHIBIT 9-P For projects awarded on or after September 1, 2023: The Contractor must submit Exhibit 9-P to the Local Agency administering the contract by the 15th of the month following the month of any payment(s). If the Contractor does not make any payments to subcontractors, supplier(s)and/or manufacturers they must report"no payments were made to subs this month" and write this visibly and legibly on Exhibit 9-P. The Local Agency must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfall to the DBE commitment and prompt payment issues until the end of the project. The Local Agency must email a copy of Exhibit 9-P to DBE.Forms(o-)dot.ca.gov before the end of the month after receiving the Exhibit 9-P from the Contractor. 11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS [Form FHWA-1273 must be physically inserted into the contract without modification, excluding ATTACHMENT A -EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS.] (The current version of Form FHWA-1273 is accessible at FHWA's website: httos://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdfl Agreement - 17 Page 11 of 18 October 2023 FHWA-1273—Revised October 23,2023 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS performed on the contract by the contractor's own organization I. General and with the assistance of workers under the contractor's II. Nondiscrimination immediate superintendence and to all work performed on the III. Non-segregated Facilities contract by piecework,station work,or by subcontract. 23 IV. Davis-Bacon and Related Act Provisions CFR 633.102(d). V. Contract Work Hours and Safety Standards Act Provisions 3. A breach of any of the stipulations contained in these VI. Subletting or Assigning the Contract Required Contract Provisions may be sufficient grounds for VII. Safety:Accident Prevention withholding of progress payments,withholding of final VIII. False Statements Concerning Highway Projects payment,termination of the contract,suspension/debarment IX. Implementation of Clean Air Act and Federal Water or any other action determined to be appropriate by the Pollution Control Act contracting agency and FHWA. X. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion 4. Selection of Labor:During the performance of this contract, XI. Certification Regarding Use of Contract Funds for the contractor shall not use convict labor for any purpose Lobbying within the limits of a construction project on a Federal-aid XII. Use of United States-Flag Vessels: highway unless it is labor performed by convicts who are on parole,supervised release,or probation. 23 U.S.C. 114(b). ATTACHMENTS The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. A.Employment and Materials Preference for Appalachian 23 U.S.C. 101(a). Development Highway System or Appalachian Local Access Road Contracts(included in Appalachian contracts only) II. NONDISCRIMINATION(23 CFR 230.107(a);23 CFR Part 230,Subpart A,Appendix A;EO 11246) I. GENERAL The provisions of this section related to 23 CFR Part 230, 1. Form FHWA-1273 must be physically incorporated in each Subpart A,Appendix A are applicable to all Federal-aid construction contract funded under title 23,United States construction contracts and to all related construction Code,as required in 23 CFR 633.102(b)(excluding subcontracts of$10,000 or more. The provisions of 23 CFR emergency contracts solely intended for debris removal). The Part 230 are not applicable to material supply,engineering,or contractor(or subcontractor)must insert this form in each architectural service contracts. subcontract and further require its inclusion in all lower tier subcontracts(excluding purchase orders,rental agreements In addition,the contractor and all subcontractors must comply and other agreements for supplies or services). 23 CFR with the following policies: Executive Order 11246,41 CFR 633.102(e). Part 60,29 CFR Parts 1625-1627,23 U.S.C. 140,Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.794), The applicable requirements of Form FHWA-1273 are Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C. incorporated by reference for work done under any purchase 2000d et seq.),and related regulations including 49 CFR Parts order,rental agreement or agreement for other services. The 21,26,and 27;and 23 CFR Parts 200,230,and 633. prime contractor shall be responsible for compliance by any subcontractor,lower-tier subcontractor or service provider. 23 The contractor and all subcontractors must comply with: the CFR 633.102(e). requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b)and,for all construction contracts exceeding$10,000, Form FHWA-1273 must be included in all Federal-aid design- the Standard Federal Equal Employment Opportunity build contracts,in all subcontracts and in lower tier Construction Contract Specifications in 41 CFR 60-4.3. subcontracts(excluding subcontracts for design services, purchase orders,rental agreements and other agreements for Note:The U.S.Department of Labor has exclusive authority to supplies or services)in accordance with 23 CFR 633.102. The determine compliance with Executive Order 11246 and the design-builder shall be responsible for compliance by any policies of the Secretary of Labor including 41 CFR Part 60, subcontractor,lower-tier subcontractor or service provider. and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure Contracting agencies may reference Form FHWA-1273 in compliance with 23 U.S.C. 140,Section 504 of the solicitation-for-bids or request-for-proposals documents, Rehabilitation Act of 1973,as amended(29 U.S.C.794),and however,the Form FHWA-1273 must be physically Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C. incorporated(not referenced)in all contracts,subcontracts and 2000d et seq.),and related regulations including 49 CFR Parts lower-tier subcontracts(excluding purchase orders,rental 21,26,and 27;and 23 CFR Parts 200,230,and 633. agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). The following provision is adopted from 23 CFR Part 230, Subpart A,Appendix A,with appropriate revisions to conform 2. Subject to the applicability criteria noted in the following to the U.S.Department of Labor(US DOL)and FHWA sections,these contract provisions shall apply to all work requirements. Agreement - 18 1 1.Equal Employment Opportunity: Equal Employment d. Notices and posters setting forth the contractor's EEO Opportunity(EEO)requirements not to discriminate and to policy will be placed in areas readily accessible to employees, take affirmative action to assure equal opportunity as set forth applicants for employment and potential employees. under laws,executive orders,rules,regulations(see 28 CFR Part 35,29 CFR Part 1630,29 CFR Parts 1625-1627,41 CFR e. The contractor's EEO policy and the procedures to Part 60 and 49 CFR Part 27)and orders of the Secretary of implement such policy will be brought to the attention of Labor as modified by the provisions prescribed herein,and employees by means of meetings,employee handbooks,or imposed pursuant to 23 U.S.C. 140,shall constitute the EEO other appropriate means. and specific affirmative action standards for the contractor's project activities under this contract.The provisions of the 4.Recruitment:When advertising for employees,the Americans with Disabilities Act of 1990(42 U.S.C. 12101 et contractor will include in all advertisements for employees the seq.)set forth under 28 CFR Part 35 and 29 CFR Part 1630 notation:"An Equal Opportunity Employer." All such are incorporated by reference in this contract. In the execution advertisements will be placed in publications having a large of this contract,the contractor agrees to comply with the circulation among minorities and women in the area from following minimum specific requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. 23 CFR 230.409(g)(4)&(5). meet this requirement,the contractor will identify sources of potential minority group employees and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex, agreement providing for exclusive hiring hall referrals,the sexual orientation,gender identity,color,national origin,age contractor is expected to observe the provisions of that or disability. Such action shall include:employment, agreement to the extent that the system meets the contractor's upgrading,demotion,or transfer;recruitment or recruitment compliance with EEO contract provisions. Where advertising;layoff or termination;rates of pay or other forms implementation of such an agreement has the effect of of compensation;and selection for training,including discriminating against minorities or women,or obligates the apprenticeship,pre-apprenticeship,and/or on-the-job contractor to do the same,such implementation violates training." Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make c. The contractor will encourage its present employees to known to the contracting officers an EEO Officer who will have refer minorities and women as applicants for employment. the responsibility for and must be capable of effectively Information and procedures with regard to referring such administering and promoting an active EEO program and who applicants will be discussed with employees. must be assigned adequate authority and responsibility to do so. 5. Personnel Actions:Wages,working conditions,and employee benefits shall be established and administered,and 3. Dissemination of Policy:All members of the contractor's personnel actions of every type,including hiring,upgrading, staff who are authorized to hire,supervise,promote,and promotion,transfer,demotion,layoff,and termination,shall be discharge employees,or who recommend such action or are taken without regard to race,color,religion,sex,sexual substantially involved in such action,will be made fully orientation,gender identity,national origin,age or disability. cognizant of and will implement the contractor's EEO policy The following procedures shall be followed: and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above a. The contractor will conduct periodic inspections of project agreement will be met,the following actions will be taken as a sites to ensure that working conditions and employee facilities minimum: do not indicate discriminatory treatment of project site personnel. a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then b. The contractor will periodically evaluate the spread of not less often than once every six months,at which time the wages paid within each classification to determine any contractor's EEO policy and its implementation will be evidence of discriminatory wage practices. reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of b. All new supervisory or personnel office employees will be discrimination. Where evidence is found,the contractor will given a thorough indoctrination by the EEO Officer,covering promptly take corrective action. If the review indicates that the all major aspects of the contractor's EEO obligations within discrimination may extend beyond the actions reviewed,such thirty days following their reporting for duty with the contractor. corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for d. The contractor will promptly investigate all complaints of the project will be instructed by the EEO Officer in the alleged discrimination made to the contractor in connection contractor's procedures for locating and hiring minorities and with its obligations under this contract,will attempt to resolve women. such complaints,and will take appropriate corrective action Agreement - 19 2 within a reasonable time. If the investigation indicates that the sufficient referrals(even though it is obligated to provide discrimination may affect persons other than the complainant, exclusive referrals under the terms of a collective bargaining such corrective action shall include such other persons. Upon agreement)does not relieve the contractor from the completion of each investigation,the contractor will inform requirements of this paragraph. In the event the union referral every complainant of all of their avenues of appeal. practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246,as amended,and these 6.Training and Promotion: special provisions,such contractor shall immediately notify the contracting agency. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 8. Reasonable Accommodation for Applicants/ applicants for employment or current employees. Such efforts Employees with Disabilities: The contractor must be familiar should be aimed at developing full journey level status with the requirements for and comply with the Americans with employees in the type of trade or job classification involved. Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable b. Consistent with the contractor's work force requirements accommodation in all employment activities unless to do so and as permissible under Federal and State regulations,the would cause an undue hardship. contractor shall make full use of training programs(i.e., apprenticeship and on-the-job training programs for the 9.Selection of Subcontractors,Procurement of Materials geographical area of contract performance). In the event a and Leasing of Equipment:The contractor shall not special provision for training is provided under this contract, discriminate on the grounds of race,color,religion,sex,sexual this subparagraph will be superseded as indicated in the orientation,gender identity,national origin,age,or disability in special provision. The contracting agency may reserve the selection and retention of subcontractors,including training positions for persons who receive welfare assistance procurement of materials and leases of equipment. The in accordance with 23 U.S.C. 140(a). contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. c. The contractor will advise employees and applicants for employment of available training programs and entrance a. The contractor shall notify all potential subcontractors, requirements for each. suppliers,and lessors of their EEO obligations under this contract. d. The contractor will periodically review the training and promotion potential of employees who are minorities and b. The contractor will use good faith efforts to ensure women and will encourage eligible employees to apply for subcontractor compliance with their EEO obligations. such training and promotion. 7.Unions: If the contractor relies in whole or in part upon 10. Assurances Required: unions as a source of employees,the contractor will use good faith efforts to obtain the cooperation of such unions to a. The requirements of 49 CFR Part 26 and the State increase opportunities for minorities and women. 23 CFR DOT's FHWA-approved Disadvantaged Business Enterprise 230.409. Actions by the contractor,either directly or through a (DBE)program are incorporated by reference. contractor's association acting as agent,will include the procedures set forth below: b. The contractor,subrecipient or subcontractor shall not discriminate on the basis of race,color,national origin,or sex a. The contractor will use good faith efforts to develop,in in the performance of this contract.The contractor shall carry cooperation with the unions,joint training programs aimed out applicable requirements of 49 CFR part 26 in the award toward qualifying more minorities and women for membership and administration of DOT-assisted contracts.Failure by the in the unions and increasing the skills of minorities and women contractor to carry out these requirements is a material breach so that they may qualify for higher paying employment. of this contract,which may result in the termination of this contract or such other remedy as the recipient deems b. The contractor will use good faith efforts to incorporate an appropriate,which may include,but is not limited to: EEO clause into each union agreement to the end that such (1)Withholding monthly progress payments; union will be contractually bound to refer applicants without (2)Assessing sanctions; regard to their race,color,religion,sex,sexual orientation, (3)Liquidated damages;and/or gender identity,national origin,age,or disability. (4)Disqualifying the contractor from future bidding as non- responsible. c. The contractor is to obtain information as to the referral c. The Title VI and nondiscrimination provisions of U.S. practices and policies of the labor union except that to the DOT Order 1050.2A at Appendixes A and E are incorporated extent such information is within the exclusive possession of by reference. 49 CFR Part 21. the labor union and such labor union refuses to furnish such information to the contractor,the contractor shall so certify to 11.Records and Reports:The contractor shall keep such the contracting agency and shall set forth what efforts have records as necessary to document compliance with the EEO been made to obtain such information. requirements. Such records shall be retained for a period of three years following the date of the final payment to the d. In the event the union is unable to provide the contractor contractor for all contract work and shall be available at with a reasonable flow of referrals within the time limit set forth reasonable times and places for inspection by authorized in the collective bargaining agreement,the contractor will, representatives of the contracting agency and the FHWA. through independent recruitment efforts,fill the employment vacancies without regard to race,color,religion,sex,sexual a. The records kept by the contractor shall document the orientation,gender identity,national origin,age,or disability; following: making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide Agreement - 20 3 (1)The number and work hours of minority and non- Projects funded under 23 U.S.C. 117,and National Highway minority group members and women employed in each work Freight Program projects funded under 23 U.S.C. 167. classification on the project; (2)The progress and efforts being made in cooperation The following provisions are from the U.S.Department of with unions,when applicable,to increase employment Labor regulations in 29 CFR 5.5"Contract provisions and opportunities for minorities and women;and related matters"with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. (3)The progress and efforts being made in locating,hiring, training,qualifying,and upgrading minorities and women. 1. Minimum wages(29 CFR 5.5) b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of a. Wage rates and fringe benefits.All laborers and mechanics employed the project indicating the number of minority,women,and non- minority group employees currently engaged in each work otherwise working in coo development of the construction working upon the site of the work(or classification required by the contract work. This information is project under a development statute), ),will paid to be reported on Form FHWA-1391. The staffing data should unconditionally and not less often than oncea a week,and without subsequent deduction or rebate represent the project work force on board in all or any part of any account the last payroll period preceding the end of July. If on-the-job (except such payroll deductions as are permitted training is being required by special provision,the contractor regulations issued by the Secretary of Labor underr the e will be required to collect and report training data. The Copeland Act CFR part the full amount basic hourly employment data should reflect the work force on board during wages and bonnaa fide fringe benefits(or cash equivalents all or any part of the last payroll period preceding the end of thereof)due time of payment computed at rates not less July. than those contained tained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,regardless of any contractual relationship which may III.NONSEGREGATED FACILITIES be alleged to exist between the contractor and such laborers and mechanics.As provided in paragraphs(d)and(e)of 29 This provision is applicable to all Federal-aid construction CFR 5.5,the appropriate wage determinations are effective by contracts and to all related construction subcontracts of more operation of law even if they have not been attached to the than$10,000. 41 CFR 60-1.5. contract.Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act(40 As prescribed by 41 CFR 60-1.8,the contractor must ensure U.S.C.3141(2)(B))on behalf of laborers or mechanics are that facilities provided for employees are provided in such a considered wages paid to such laborers or mechanics,subject manner that segregation on the basis of race,color,religion, to the provisions of paragraph 1.e.of this section;also,regular sex,sexual orientation,gender identity,or national origin contributions made or costs incurred for more than a weekly cannot result. The contractor may neither require such period(but not less often than quarterly)under plans,funds,or segregated use by written or oral policies nor tolerate such use programs which cover the particular weekly period,are by employee custom. The contractor's obligation extends deemed to be constructively made or incurred during such further to ensure that its employees are not assigned to weekly period.Such laborers and mechanics must be paid the perform their services at any location under the contractor's appropriate wage rate and fringe benefits on the wage control where the facilities are segregated. The term"facilities" determination for the classification(s)of work actually includes waiting rooms,work areas,restaurants and other performed,without regard to skill,except as provided in eating areas,time clocks,restrooms,washrooms,locker paragraph 4.of this section.Laborers or mechanics performing rooms and other storage or dressing areas,parking lots, work in more than one classification may be compensated at drinking fountains,recreation or entertainment areas, the rate specified for each classification for the time actually transportation,and housing provided for employees. The worked therein:Provided,That the employer's payroll records contractor shall provide separate or single-user restrooms and accurately set forth the time spent in each classification in necessary dressing or sleeping areas to assure privacy which work is performed.The wage determination(including between sexes. any additional classifications and wage rates conformed under paragraph 1.c.of this section)and the Davis-Bacon poster (WH-1321)must be posted at all times by the contractor and IV. DAVIS-BACON AND RELATED ACT PROVISIONS its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. This section is applicable to all Federal-aid construction b.Frequently recurring classifications.(1)In addition to wage projects exceeding$2,000 and to all related subcontracts and and fringe benefit rates that have been determined to be lower-tier subcontracts(regardless of subcontract size),in prevailing under the procedures set forth in 29 CFR part 1,a accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is wage determination may contain,pursuant §1.3 wage laborers and functionally classified as Federal-aid highway. 23 U.S.C. 113. and fringe benefit rates for classifications of l This excludes roadways functionally classified as local roads mechanics for which conformance requests are regularly or rural minor collectors,which are exempt. 23 U.S.C. 101. submitted pursuant to paragraph 1.c.of this section,provided Where applicable law requires that projects be treated as a that: project on a Federal-aid highway,the provisions of this subpart will apply regardless of the location of the project. Examples (i)The work performed by the classification is not include:Surface Transportation Block Grant Program projects performed by a classification in the wage determination for funded under 23 U.S.C. 133[excluding recreational trails which a prevailing wage rate has been determined; projects],the Nationally Significant Freight and Highway Agreement - 21 4 (ii)The classification is used in the area by the under paragraphs 1.c.(3)and(4)of this section.The contractor construction industry;and must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage (iii)The wage rate for the classification bears a reasonable determination.The wage rate(including fringe benefits where relationship to the prevailing wage rates contained in the appropriate)determined pursuant to paragraph 1.c.(3)or(4)of wage determination. this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2)The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii)of this d.Fringe benefits not expressed as an hourly rate. section.Work performed in such a classification must be paid Whenever the minimum wage rate prescribed in the contract at no less than the wage and fringe benefit rate listed on the for a class of laborers or mechanics includes a fringe benefit wage determination for such classification. which is not expressed as an hourly rate,the contractor may either pay the benefit as stated in the wage determination or c. Conformance.(1)The contracting officer must require that may pay another bona fide fringe benefit or an hourly cash any class of laborers or mechanics,including helpers,which is equivalent thereof. not listed in the wage determination and which is to be employed under the contract be classified in conformance with e. Unfunded plans. If the contractor does not make the wage determination.Conformance of an additional payments to a trustee or other third person,the contractor may classification and wage rate and fringe benefits is appropriate consider as part of the wages of any laborer or mechanic the only when the following criteria have been met: amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,Provided,That (i)The work to be performed by the classification the Secretary of Labor has found,upon the written request of requested is not performed by a classification in the wage the contractor,in accordance with the criteria set forth in determination;and §5.28,that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the (ii)The classification is used in the area by the contractor to set aside in a separate account assets for the construction industry;and meeting of obligations under the plan or program. ui The proposed wage rate,including an bona fide fringe f.Interest. In the event of a failure to pay all or part of the ( ) p p 9 g y g wages required by the contract,the contractor will be required benefits,bears a reasonable relationship to the wage rates to pay interest on any underpayment of wages. contained in the wage determination. (2)The conformance process may not be used to split, 2. Withholding(29 CFR 5.5) subdivide,or otherwise avoid application of classifications listed in the wage determination. a. Withholding requirements.The contracting agency may, upon its own action,or must,upon written request of an (3)If the contractor and the laborers and mechanics to be authorized representative of the Department of Labor,withhold employed in the classification(if known),or their or cause to be withheld from the contractor so much of the representatives,and the contracting officer agree on the accrued payments or advances as may be considered classification and wage rate(including the amount designated necessary to satisfy the liabilities of the prime contractor or any for fringe benefits where appropriate),a report of the action subcontractor for the full amount of wages and monetary relief, taken will be sent by the contracting officer by email to including interest,required by the clauses set forth in this DBAconformanceadol.crov.The Administrator,or an section for violations of this contract,or to satisfy any such authorized representative,will approve,modify,or disapprove liabilities required by any other Federal contract,or federally every additional classification action within 30 days of receipt assisted contract subject to Davis-Bacon labor standards,that is held by the same prime contractor(as defined in§5.2).The and so advise the contracting officer or will notify the necessary funds may be withheld from the contractor under contracting officer within the 30—day period that additional time this contract,any other Federal contract with the same prime is necessary. contractor,or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is (4)In the event the contractor,the laborers or mechanics to held by the same prime contractor,regardless of whether the be employed in the classification or their representatives,and other contract was awarded or assisted by the same agency, the contracting officer do not agree on the proposed and such funds may be used to satisfy the contractor liability classification and wage rate(including the amount designated for which the funds were withheld.In the event of a for fringe benefits,where appropriate),the contracting officer contractor's failure to pay any laborer or mechanic,including will,by email to DBAconformance(a)dol.gov, refer the any apprentice or helper working on the site of the work all or questions,including the views of all interested parties and the part of the wages required by the contract,or upon the recommendation of the contracting officer,to the Administrator contractor's failure to submit the required records as discussed for determination.The Administrator,or an authorized in paragraph 3.d.of this section,the contracting agency may representative,will issue a determination within 30 days of on its own initiative and after written notice to the contractor, receipt and so advise the contracting officer or will notify the take such action as may be necessary to cause the contracting officer within the 30—day period that additional time suspension of any further payment,advance,or guarantee of is necessary. funds until such violations have ceased. (5)The contracting officer must promptly notify the b.Priority to withheld funds.The Department has priority to contractor of the action taken by the Wage and Hour Division funds withheld or to be withheld in accordance with paragraph Agreement - 22 5 2.a.of this section or Section V,paragraph 3.a.,or both,over agency.The prime contractor is responsible for the submission claims to those funds by: of all certified payrolls by all subcontractors.A contracting agency or prime contractor may permit or require contractors 1 A contractor's suret ies to submit certified payrolls through an electronic system,as ( ) y(' ),including without limitation long as the electronic system requires a legally valid electronic performance bond sureties and payment bond sureties; signature;the system allows the contractor,the contracting agency,and the Department of Labor to access the certified (2)A contracting agency for its reprocurement costs; payrolls upon request for at least 3 years after the work on the prime contract has been completed;and the contracting (3)A trustee(s)(either a court-appointed trustee or a U.S. agency or prime contractor permits other methods of trustee,or both)in bankruptcy of a contractor,or a contractor's submission in situations where the contractor is unable or bankruptcy estate; limited in its ability to use or access the electronic system. (4)A contractor's assignee(s); (2)Information required.The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2)of this (5)A contractor's successor(s);or section,except that full Social Security numbers and last known addresses,telephone numbers,and email addresses (6)A claim asserted under the Prompt Payment Act,31 must not be included on weekly transmittals.Instead,the U.S.C.3901-3907. certified payrolls need only include an individually identifying number for each worker(e.g.,the last four digits of the worker's Social Security number).The required weekly 3.Records and certified payrolls(29 CFR 5.5) certified payroll information may be submitted using Optional Form WH-347 or in any other format desired.Optional Form WH-347 is available for this purpose from the Wage and Hour a.Basic record requirements(1)Length of record retention. Division website at httas://www.dol.gov/sites/dolgov/files/WHD/ All regular payrolls and other basic records must be legacv/files/wh347/.Ddf or its successor website. It is not a maintained by the contractor and any subcontractor during the violation of this section for a prime contractor to require a course of the work and preserved for all laborers and subcontractor to provide full Social Security numbers and last mechanics working at the site of the work(or otherwise known addresses,telephone numbers,and email addresses to working in construction or development of the project under a the prime contractor for its own records,without weekly development statute)for a period of at least 3 years after all submission by the subcontractor to the contracting agency. the work on the prime contract is completed. (3)Statement of Compliance.Each certified payroll (2)Information required.Such records must contain the submitted must be accompanied by a"Statement of name;Social Security number;last known address,telephone Compliance,"signed by the contractor or subcontractor,or the number,and email address of each such worker;each contractor's or subcontractor's agent who pays or supervises worker's correct classification(s)of work actually performed; the payment of the persons working on the contract,and must hourly rates of wages paid(including rates of contributions or certify the following: costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B)of the Davis-Bacon Act);daily and weekly number (i)That the certified payroll for the payroll period contains of hours actually worked in total and on each covered contract; the information required to be provided under paragraph 3.b. deductions made;and actual wages paid. of this section,the appropriate information and basic records are being maintained under paragraph 3.a.of this section, (3)Additional records relating to fringe benefits.Whenever and such information and records are correct and complete; the Secretary of Labor has found under paragraph 1.e.of this section that the wages of any laborer or mechanic include the (ii)That each laborer or mechanic(including each helper amount of any costs reasonably anticipated in providing and apprentice)working on the contract during the payroll benefits under a plan or program described in 40 U.S.C. period has been paid the full weekly wages earned,without 3141(2)(B)of the Davis-Bacon Act,the contractor must rebate,either directly or indirectly,and that no deductions maintain records which show that the commitment to provide have been made either directly or indirectly from the full such benefits is enforceable,that the plan or program is wages earned,other than permissible deductions as set financially responsible,and that the plan or program has been forth in 29 CFR part 3;and communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual (iii)That each laborer or mechanic has been paid not less cost incurred in providing such benefits. than the applicable wage rates and fringe benefits or cash equivalents for the classifications)of work actually (4)Additional records relating to apprenticeship.Contractors performed,as specified in the applicable wage determination with apprentices working under approved programs must incorporated into the contract. maintain written evidence of the registration of apprenticeship programs,the registration of the apprentices,and the ratios (4)Use of Optional Form WH-347.The weekly submission and wage rates prescribed in the applicable programs. of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for b.Certified payroll requirements(1)Frequency and method submission of the"Statement of Compliance"required by of submission.The contractor or subcontractor must submit paragraph 3.b.(3)of this section. weekly,for each week in which any DBA-or Related Acts- covered work is performed,certified payrolls to the contracting Agreement - 23 6 (5)Signature.The signature by the contractor, of each covered worker,and must provide them upon request subcontractor,or the contractor's or subcontractor's agent to the contracting agency,the State DOT,the FHWA,the must be an original handwritten signature or a legally valid contractor,or the Wage and Hour Division of the Department electronic signature. of Labor for purposes of an investigation or other compliance action. (6)Falsification.The falsification of any of the above certifications may subject the contractor or subcontractor to 4.Apprentices and equal employment opportunity(29 CFR civil or criminal prosecution under 18 U.S.C. 1001 and 31 5.5) U.S.C.3729. a.Apprentices(1)Rate of pay.Apprentices will be permitted (7)Length of certified payroll retention.The contractor or to work at less than the predetermined rate for the work they subcontractor must preserve all certified payrolls during the perform when they are employed pursuant to and individually course of the work and for a period of 3 years after all the work registered in a bona fide apprenticeship program registered on the prime contract is completed. with the U.S.Department of Labor,Employment and Training Administration,Office of Apprenticeship(OA),or with a State c. Contracts,subcontracts,and related documents.The Apprenticeship Agency recognized by the OA.A person who is contractor or subcontractor must maintain this contract or not individually registered in the program,but who has been subcontract and related documents including,without certified by the OA or a State Apprenticeship Agency(where limitation,bids,proposals,amendments,modifications,and appropriate)to be eligible for probationary employment as an extensions.The contractor or subcontractor must preserve apprentice,will be permitted to work at less than the these contracts,subcontracts,and related documents during predetermined rate for the work they perform in the first 90 the course of the work and for a period of 3 years after all the days of probationary employment as an apprentice in such a work on the prime contract is completed. program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program,the contractor will no longer be d.Required disclosures and access(1)Required record permitted to use apprentices at less than the applicable disclosures and access to workers.The contractor or predetermined rate for the work performed until an acceptable subcontractor must make the records required under program is approved. paragraphs 3.a.through 3.c.of this section,and any other documents that the contracting agency,the State DOT,the (2)Fringe benefits.Apprentices must be paid fringe benefits FHWA,or the Department of Labor deems necessary to in accordance with the provisions of the apprenticeship determine compliance with the labor standards provisions of program. If the apprenticeship program does not specify fringe any of the applicable statutes referenced by§5.1,available for benefits,apprentices must be paid the full amount of fringe inspection,copying,or transcription by authorized benefits listed on the wage determination for the applicable representatives of the contracting agency,the State DOT,the classification. If the Administrator determines that a different FHWA,or the Department of Labor,and must permit such practice prevails for the applicable apprentice classification, representatives to interview workers during working hours on fringe benefits must be paid in accordance with that the job. determination. (2)Sanctions for non-compliance with records and worker (3)Apprenticeship ratio.The allowable ratio of apprentices to access requirements. If the contractor or subcontractor fails to journeyworkers on the job site in any craft classification must submit the required records or to make them available,or not be greater than the ratio permitted to the contractor as to refuses to permit worker interviews during working hours on the entire work force under the registered program or the ratio the job,the Federal agency may,after written notice to the applicable to the locality of the project pursuant to paragraph contractor,sponsor,applicant,owner,or other entity,as the 4.a.(4)of this section.Any worker listed on a payroll at an case may be,that maintains such records or that employs apprentice wage rate,who is not registered or otherwise such workers,take such action as may be necessary to cause employed as stated in paragraph 4.a.(1)of this section,must the suspension of any further payment,advance,or guarantee be paid not less than the applicable wage rate on the wage of funds.Furthermore,failure to submit the required records determination for the classification of work actually performed. upon request or to make such records available,or to permit In addition,any apprentice performing work on the job site in worker interviews during working hours on the job,may be excess of the ratio permitted under this section must be paid grounds for debarment action pursuant to§5.12. In addition, not less than the applicable wage rate on the wage any contractor or other person that fails to submit the required determination for the work actually performed. records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative (4)Reciprocity of ratios and wage rates.Where a contractor proceeding under 29 CFR part 6 any of the required records is performing construction on a project in a locality other than that were not provided or made available to WHD.WHD will the locality in which its program is registered,the ratios and take into consideration a reasonable request from the wage rates(expressed in percentages of the journeyworker's contractor or person for an extension of the time for hourly rate)applicable within the locality in which the submission of records.WHD will determine the construction is being performed must be observed. If there is reasonableness of the request and may consider,among other no applicable ratio or wage rate for the locality of the project, things,the location of the records and the volume of the ratio and wage rate specified in the contractor's registered production. program must be observed. (3)Required information disclosures.Contractors and b.Equal employment opportunity.The use of apprentices subcontractors must maintain the full Social Security number and journeyworkers under this part must be in conformity with and last known address,telephone number,and email address Agreement - 24 7 the equal employment opportunity requirements of Executive b.No part of this contract shall be subcontracted to any Order 11246,as amended,and 29 CFR part 30. person or firm ineligible for award of a Government contract by virtue of 40 U.S.C.3144(b)or§5.12(a). c. Apprentices and Trainees(programs of the U.S. DOT). c.The penalty for making false statements is prescribed in Apprentices and trainees working under apprenticeship and the U.S.Code,Title 18 Crimes and Criminal Procedure, 18 skill training programs which have been certified by the U.S.C. 1001. Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not 11.Anti-retaliation.It is unlawful for any person to discharge, subject to the requirements of paragraph 4 of this Section IV. demote,intimidate,threaten,restrain,coerce,blacklist,harass, 23 CFR 230.111(e)(2).The straight time hourly wage rates for or in any other manner discriminate against,or to cause any apprentices and trainees under such programs will be person to discharge,demote,intimidate,threaten,restrain, established by the particular programs.The ratio of coerce,blacklist,harass,or in any other manner discriminate apprentices and trainees to journeyworkers shall not be against,any worker or job applicant for: greater than permitted by the terms of the particular program. a.Notifying any contractor of any conduct which the worker 5.Compliance with Copeland Act requirements. The reasonably believes constitutes a violation of the DBA, Related contractor shall comply with the requirements of 29 CFR part Acts,this part,or 29 CFR part 1 or 3; 3,which are incorporated by reference in this contract as provided in 29 CFR 5.5. b.Filing any complaint,initiating or causing to be initiated any proceeding,or otherwise asserting or seeking to assert on 6.Subcontracts.The contractor or subcontractor must insert behalf of themselves or others any right or protection under the FHWA-1273 in any subcontracts,along with the applicable DBA,Related Acts,this part,or 29 CFR part 1 or 3; wage determination(s)and such other clauses or contract modifications as the contracting agency may by appropriate c.Cooperating in any investigation or other compliance instructions require,and a clause requiring the subcontractors action,or testifying in any proceeding under the DBA, Related to include these clauses and wage determination(s)in any Acts,this part,or 29 CFR part 1 or 3;or lower tier subcontracts.The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section.In d.Informing any other person about their rights under the the event of any violations of these clauses,the prime DBA,Related Acts,this part,or 29 CFR part 1 or 3. contractor and any subcontractor(s)responsible will be liable for any unpaid wages and monetary relief,including interest from the date of the underpayment or loss,due to any workers V. CONTRACT WORK HOURS AND SAFETY STANDARDS of lower-tier subcontractors,and may be subject to debarment, ACT as appropriate. 29 CFR 5.5. 7.Contract termination:debarment. A breach of the Pursuant to 29 CFR 5.5(b),the following clauses apply to any contract clauses in 29 CFR 5.5 may be grounds for termination Federal-aid construction contract in an amount in excess of of the contract,and for debarment as a contractor and a $100,000 and subject to the overtime provisions of the subcontractor as provided in 29 CFR 5.12. Contract Work Hours and Safety Standards Act.These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As used in this paragraph,the 8.Compliance with Davis-Bacon and Related Act terms laborers and mechanics include watchpersons and requirements. All rulings and interpretations of the Davis- guards. Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 are herein incorporated by reference in this contract as 1.Overtime requirements. No contractor or subcontractor provided in 29 CFR 5.5. contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall 9.Disputes concerning labor standards.As provided in 29 require or permit any such laborer or mechanic in any CFR 5.5,disputes arising out of the labor standards provisions workweek in which he or she is employed on such work to of this contract shall not be subject to the general disputes work in excess of forty hours in such workweek unless such clause of this contract.Such disputes shall be resolved in laborer or mechanic receives compensation at a rate not less accordance with the procedures of the Department of Labor than one and one-half times the basic rate of pay for all hours set forth in 29 CFR parts 5,6,and 7.Disputes within the worked in excess of forty hours in such workweek. 29 CFR meaning of this clause include disputes between the contractor 5.5. (or any of its subcontractors)and the contracting agency,the U.S.Department of Labor,or the employees or their 2.Violation; liability for unpaid wages; liquidated representatives. damages.In the event of any violation of the clause set forth in paragraph 1.of this section the contractor and any 10.Certification of eligibility.a. By entering into this contract, subcontractor responsible therefor shall be liable for the the contractor certifies that neither it nor any person or firm unpaid wages and interest from the date of the underpayment. who has an interest in the contractor's firm is a person or firm In addition,such contractor and subcontractor shall be liable to ineligible to be awarded Government contracts by virtue of 40 the United States(in the case of work done under contract for U.S.C.3144(b)or§5.12(a). 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 Agreement - 25 8 mechanic,including watchpersons and guards,employed in event of any violations of these clauses,the prime contractor violation of the clause set forth in paragraph 1.of this section, and any subcontractor(s)responsible will be liable for any in the sum currently provided in 29 CFR 5.5(b)(2)*for each unpaid wages and monetary relief,including interest from the calendar day on which such individual was required or date of the underpayment or loss,due to any workers of lower- permitted to work in excess of the standard workweek of forty tier subcontractors,and associated liquidated damages and hours without payment of the overtime wages required by the may be subject to debarment,as appropriate. clause set forth in paragraph 1.of this section. 5.Anti-retaliation.It is unlawful for any person to discharge, *$31 as of January 15,2023(See 88 FR 88 FR 2210)as may demote,intimidate,threaten,restrain,coerce,blacklist,harass, be adjusted annually by the Department of Labor,pursuant to or in any other manner discriminate against,or to cause any the Federal Civil Penalties Inflation Adjustment Act of 1990. person to discharge,demote,intimidate,threaten,restrain, coerce,blacklist,harass,or in any other manner discriminate 3.Withholding for unpaid wages and liquidated damages against,any worker or job applicant for: a. Withholding process.The FHWA or the contracting a.Notifying any contractor of any conduct which the worker agency may,upon its own action,or must,upon written reasonably believes constitutes a violation of the Contract request of an authorized representative of the Department of Work Hours and Safety Standards Act(CWHSSA)or its Labor,withhold or cause to be withheld from the contractor so implementing regulations in this part; much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime b.Filing any complaint,initiating or causing to be initiated contractor or any subcontractor for any unpaid wages; any proceeding,or otherwise asserting or seeking to assert on monetary relief,including interest;and liquidated damages behalf of themselves or others any right or protection under required by the clauses set forth in this section on this CWHSSA or this part; contract,any other Federal contract with the same prime contractor,or any other federally assisted contract subject to c.Cooperating in any investigation or other compliance the Contract Work Hours and Safety Standards Act that is held action,or testifying in any proceeding under CWHSSA or this by the same prime contractor(as defined in§5.2).The part;or necessary funds may be withheld from the contractor under this contract,any other Federal contract with the same prime contractor,or any other federally assisted contract that is d.Informing any other person about their rights under subject to the Contract Work Hours and Safety Standards Act CWHSSA or this part. and is held by the same prime contractor,regardless of whether the other contract was awarded or assisted by the same agency,and such funds may be used to satisfy the VI.SUBLETTING OR ASSIGNING THE CONTRACT contractor liability for which the funds were withheld. This provision is applicable to all Federal-aid construction b.Priority to withheld funds.The Department has priority to contracts on the National Highway System pursuant to 23 CFR funds withheld or to be withheld in accordance with Section IV 635.116. paragraph 2.a.or paragraph 3.a.of this section,or both,over claims to those funds by: 1.The contractor shall perform with its own organization contract work amounting to not less than 30 percent(or a (1)A contractor's surety(ies),including without limitation greater percentage if specified elsewhere in the contract)of performance bond sureties and payment bond sureties; the total original contract price,excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such (2)A contracting agency for its reprocurement costs; specialty items performed may be deducted from the total original contract price before computing the amount of work (3)A trustee(s)(either a court-appointed trustee or a U.S. required to be performed by the contractor's own organization trustee,or both)in bankruptcy of a contractor,or a contractor's (23 CFR 635.116). bankruptcy estate; a. The term"perform work with its own organization"in paragraph 1 of Section VI refers to workers employed or (4)A contractor's assignee(s); leased by the prime contractor,and equipment owned or rented by the prime contractor,with or without operators. (5)A contractor's successor(s);or Such term does not include employees or equipment of a subcontractor or lower tier subcontractor,agents of the prime contractor,or any other assignees. The term may include (6)A claim asserted under the Prompt Payment Act, 31 payments for the costs of hiring leased employees from an U.S.C.3901-3907. employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be 4.Subcontracts.The contractor or subcontractor must insert included in this term if the prime contractor meets all of the following conditions:(based on longstanding interpretation) in any subcontracts the clauses set forth in paragraphs 1. through 5.of this section and a clause requiring the (1)the prime contractor maintains control over the subcontractors to include these clauses in any lower tier supervision of the day-to-day activities of the leased subcontracts.The prime contractor is responsible for employees; compliance by any subcontractor or lower tier subcontractor (2)the prime contractor remains responsible for the quality with the clauses set forth in paragraphs 1.through 5.In the of the work of the leased employees; Agreement - 26 9 (3)the prime contractor retains all power to accept or health standards(29 CFR Part 1926)promulgated by the exclude individual employees from work on the project;and Secretary of Labor,in accordance with Section 107 of the (4)the prime contractor remains ultimately responsible for Contract Work Hours and Safety Standards Act(40 U.S.C. the payment of predetermined minimum wages,the 3704). 29 CFR 1926.10. submission of payrolls,statements of compliance and all other Federal regulatory requirements. 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract that the Secretary of Labor or authorized representative b."Specialty Items"shall be construed to be limited to work thereof,shall have right of entry to any site of contract that requires highly specialized knowledge,abilities,or performance to inspect or investigate the matter of compliance equipment not ordinarily available in the type of contracting with the construction safety and health standards and to carry organizations qualified and expected to bid or propose on the out the duties of the Secretary under Section 107 of the contract as a whole and in general are to be limited to minor Contract Work Hours and Safety Standards Act(40 U.S.C. components of the overall contract. 23 CFR 635.102. 3704). 2.Pursuant to 23 CFR 635.116(a),the contract amount upon which the requirements set forth in paragraph(1)of Section VI VIII.FALSE STATEMENTS CONCERNING HIGHWAY is computed includes the cost of material and manufactured PROJECTS products which are to be purchased or produced by the contractor under the contract provisions. This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 3.Pursuant to 23 CFR 635.116(c),the contractor shall furnish (a)a competent superintendent or supervisor who is employed In order to assure high quality and durable construction in by the firm,has full authority to direct performance of the work conformity with approved plans and specifications and a high in accordance with the contract requirements,and is in charge degree of reliability on statements and representations made of all construction operations(regardless of who performs the by engineers,contractors,suppliers,and workers on Federal- work)and(b)such other of its own organizational resources aid highway projects,it is essential that all persons concerned (supervision,management,and engineering services)as the with the project perform their functions as carefully,thoroughly, contracting officer determines is necessary to assure the and honestly as possible. Willful falsification,distortion,or performance of the contract. misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any 4.No portion of the contract shall be sublet,assigned or misunderstanding regarding the seriousness of these and otherwise disposed of except with the written consent of the similar acts,Form FHWA-1022 shall be posted on each contracting officer,or authorized representative,and such Federal-aid highway project(23 CFR Part 635)in one or more consent when given shall not be construed to relieve the places where it is readily available to all persons concerned contractor of any responsibility for the fulfillment of the with the project: contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions 18 U.S.C. 1020 reads as follows: and requirements of the prime contract.(based on long- standing interpretation of 23 CFR 635.116). "Whoever,being an officer,agent,or employee of the United States,or of any State or Territory,or whoever,whether a 5.The 30-percent self-performance requirement of paragraph person,association,firm,or corporation,knowingly makes any (1)is not applicable to design-build contracts;however, false statement,false representation,or false report as to the contracting agencies may establish their own self-performance character,quality,quantity,or cost of the material used or to requirements. 23 CFR 635.116(d). be used,or the quantity or quality of the work performed or to be performed,or the cost thereof in connection with the submission of plans,maps,specifications,contracts,or costs VII.SAFETY:ACCIDENT PREVENTION of construction on any highway or related project submitted for approval to the Secretary of Transportation;or This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. Whoever knowingly makes any false statement,false representation,false report or false claim with respect to the 1. In the performance of this contract the contractor shall character,quality,quantity,or cost of any work performed or to comply with all applicable Federal,State,and local laws be performed,or materials furnished or to be furnished,in governing safety,health,and sanitation(23 CFR Part 635). connection with the construction of any highway or related The contractor shall provide all safeguards,safety devices and project approved by the Secretary of Transportation;or protective equipment and take any other needed actions as it determines,or as the contracting officer may determine,to be Whoever knowingly makes any false statement or false reasonably necessary to protect the life and health of representation as to material fact in any statement,certificate, employees on the job and the safety of the public and to or report submitted pursuant to provisions of the Federal-aid protect property in connection with the performance of the Roads Act approved July 11, 1916,(39 Stat.355),as work covered by the contract. 23 CFR 635.108. amended and supplemented; 2. It is a condition of this contract,and shall be made a Shall be fined under this title or imprisoned not more than 5 condition of each subcontract,which the contractor enters into years or both." pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance of the contract,to work in surroundings or under conditions which are unsanitary,hazardous or dangerous to his/her health or safety,as determined under construction safety and Agreement - 27 10 IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT(42 U.S.C.7606;2 e.The terms"covered transaction,""debarred," CFR 200.88;EO 11738) "suspended,""ineligible,""participant,""person,""principal," and"voluntarily excluded,"as used in this clause,are defined This provision is applicable to all Federal-aid construction in 2 CFR Parts 180,Subpart I, 180.900-180.1020,and 1200. contracts in excess of$150,000 and to all related "First Tier Covered Transactions"refers to any covered subcontracts. 48 CFR 2.101;2 CFR 200.327. transaction between a recipient or subrecipient of Federal funds and a participant(such as the prime or general contract). By submission of this bid/proposal or the execution of this "Lower Tier Covered Transactions"refers to any covered contract or subcontract,as appropriate,the bidder,proposer, transaction under a First Tier Covered Transaction(such as Federal-aid construction contractor,subcontractor,supplier,or subcontracts). "First Tier Participant"refers to the participant vendor agrees to comply with all applicable standards,orders who has entered into a covered transaction with a recipient or or regulations issued pursuant to the Clean Air Act(42 U.S.C. subrecipient of Federal funds(such as the prime or general 7401-7671 q)and the Federal Water Pollution Control Act,as contractor). "Lower Tier Participant"refers any participant who amended(33 U.S.C. 1251-1387).Violations must be reported has entered into a covered transaction with a First Tier to the Federal Highway Administration and the Regional Office Participant or other Lower Tier Participants(such as of the Environmental Protection Agency. 2 CFR Part 200, subcontractors and suppliers). Appendix II. f.The prospective first tier participant agrees by submitting The contractor agrees to include or cause to be included the this proposal that,should the proposed covered transaction be requirements of this Section in every subcontract,and further entered into,it shall not knowingly enter into any lower tier agrees to take such action as the contracting agency may covered transaction with a person who is debarred, direct as a means of enforcing such requirements. 2 CFR suspended,declared ineligible,or voluntarily excluded from 200.327. participation in this covered transaction,unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. X.CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INELIGIBILITY AND VOLUNTARY g.The prospective first tier participant further agrees by EXCLUSION submitting this proposal that it will include the clause titled "Certification Regarding Debarment,Suspension, Ineligibility This provision is applicable to all Federal-aid construction and Voluntary Exclusion-Lower Tier Covered Transactions," contracts,design-build contracts,subcontracts,lower-tier provided by the department or contracting agency,entering subcontracts,purchase orders,lease agreements,consultant into this covered transaction,without modification,in all lower contracts or any other covered transaction requiring FHWA tier covered transactions and in all solicitations for lower tier approval or that is estimated to cost$25,000 or more— as covered transactions exceeding the$25,000 threshold. 2 CFR defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 180.220 and 180.300. 1200.220. h.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered 1.Instructions for Certification—First Tier Participants: transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it a.By signing and submitting this proposal,the prospective knows that the certification is erroneous. 2 CFR 180.300; first tier participant is providing the certification set out below. 180.320,and 180.325. A participant is responsible for ensuring that its principals are not suspended,debarred,or b.The inability of a person to provide the certification set out otherwise ineligible to participate in covered transactions. 2 below will not necessarily result in denial of participation in this CFR 180.335. To verify the eligibility of its principals,as well covered transaction.The prospective first tier participant shall as the eligibility of any lower tier prospective participants,each submit an explanation of why it cannot provide the certification participant may,but is not required to,check the System for set out below.The certification or explanation will be Award Management website(https://www.sam.gov/). 2 CFR considered in connection with the department or agency's 180.300, 180.320,and 180.325. determination whether to enter into this transaction.However, failure of the prospective first tier participant to furnish a i. Nothing contained in the foregoing shall be construed to certification or an explanation shall disqualify such a person require the establishment of a system of records in order to from participation in this transaction. 2 CFR 180.320. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The certification in this clause is a material representation is not required to exceed that which is normally possessed by of fact upon which reliance was placed when the contracting a prudent person in the ordinary course of business dealings. agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered j.Except for transactions authorized under paragraph(f)of an erroneous certification,in addition to other remedies these instructions,if a participant in a covered transaction available to the Federal Government,the contracting agency knowingly enters into a lower tier covered transaction with a may terminate this transaction for cause of default. 2 CFR person who is suspended,debarred,ineligible,or voluntarily 180.325. excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the d.The prospective first tier participant shall provide department or agency may terminate this transaction for cause immediate written notice to the contracting agency to whom or default. 2 CFR 180.325. this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. Agreement - 28 11 2. Certification Regarding Debarment,Suspension, this transaction originated may pursue available remedies, Ineligibility and Voluntary Exclusion—First Tier including suspension and/or debarment. Participants: c.The prospective lower tier participant shall provide a. The prospective first tier participant certifies to the best of immediate written notice to the person to which this proposal is its knowledge and belief,that it and its principals: submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of (1) Are not presently debarred,suspended,proposed for changed circumstances. 2 CFR 180.365. debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal d.The terms'covered transaction,""debarred," department or agency,2 CFR 180.335;. "suspended,""ineligible,""participant,""person,""principal," and"voluntarily excluded,"as used in this clause,are defined (2) Have not within a three-year period preceding this in 2 CFR Parts 180,Subpart I, 180.900—180.1020,and 1200. proposal been convicted of or had a civil judgment rendered You may contact the person to which this proposal is against them for commission of fraud or a criminal offense in submitted for assistance in obtaining a copy of those connection with obtaining,attempting to obtain,or performing regulations. "First Tier Covered Transactions"refers to any a public(Federal,State,or local)transaction or contract under covered transaction between a recipient or subrecipient of a public transaction;violation of Federal or State antitrust Federal funds and a participant(such as the prime or general statutes or commission of embezzlement,theft,forgery, contract). "Lower Tier Covered Transactions"refers to any bribery,falsification or destruction of records,making false covered transaction under a First Tier Covered Transaction statements,or receiving stolen property,2 CFR 180.800; (such as subcontracts). "First Tier Participant'refers to the participant who has entered into a covered transaction with a (3) Are not presently indicted for or otherwise criminally or recipient or subrecipient of Federal funds(such as the prime or civilly charged by a governmental entity(Federal,State or general contractor). "Lower Tier Participant'refers any local)with commission of any of the offenses enumerated in participant who has entered into a covered transaction with a paragraph(a)(2)of this certification,2 CFR 180.700 and First Tier Participant or other Lower Tier Participants(such as 180.800;and subcontractors and suppliers). (4) Have not within a three-year period preceding this e.The prospective lower tier participant agrees by application/proposal had one or more public transactions submitting this proposal that,should the proposed covered (Federal,State or local)terminated for cause or default. 2 transaction be entered into,it shall not knowingly enter into CFR 180.335(d). any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily (5)Are not a corporation that has been convicted of a felony excluded from participation in this covered transaction,unless violation under any Federal law within the two-year period authorized by the department or agency with which this preceding this proposal(USDOT Order 4200.6 implementing transaction originated. 2 CFR 1200.220 and 1200.332. appropriations act requirements);and f.The prospective lower tier participant further agrees by (6)Are not a corporation with any unpaid Federal tax liability submitting this proposal that it will include this clause titled that has been assessed,for which all judicial and "Certification Regarding Debarment,Suspension, Ineligibility administrative remedies have been exhausted,or have lapsed, and Voluntary Exclusion-Lower Tier Covered Transaction," and that is not being paid in a timely manner pursuant to an without modification,in all lower tier covered transactions and agreement with the authority responsible for collecting the tax in all solicitations for lower tier covered transactions exceeding liability(USDOT Order 4200.6 implementing appropriations act the$25,000 threshold. 2 CFR 180.220 and 1200.220. requirements). g.A participant in a covered transaction may rely upon a b. Where the prospective participant is unable to certify to certification of a prospective participant in a lower tier covered any of the statements in this certification,such prospective transaction that is not debarred,suspended,ineligible,or participant should attach an explanation to this proposal. 2 voluntarily excluded from the covered transaction,unless it CFR 180.335 and 180.340. knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended, debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as 3.Instructions for Certification-Lower Tier Participants: the eligibility of any lower tier prospective participants,each participant may,but is not required to,check the System for (Applicable to all subcontracts,purchase orders,and other Award Management website(https://www.sam.gov/),which is lower tier transactions requiring prior FHWA approval or compiled by the General Services Administration. 2 CFR estimated to cost$25,000 or more-2 CFR Parts 180 and 180.300, 180.320, 180.330,and 180.335. 1200). 2 CFR 180.220 and 1200.220. h.Nothing contained in the foregoing shall be construed to a.By signing and submitting this proposal,the prospective require establishment of a system of records in order to render lower tier participant is providing the certification set out below. in good faith the certification required by this clause.The knowledge and information of participant is not required to b.The certification in this clause is a material representation exceed that which is normally possessed by a prudent person of fact upon which reliance was placed when this transaction in the ordinary course of business dealings. was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous i.Except for transactions authorized under paragraph a of certification,in addition to other remedies available to the these instructions,if a participant in a covered transaction Federal Government,the department,or agency with which knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily Agreement - 29 12 excluded from participation in this transaction,in addition to cooperative agreement,the undersigned shall complete and other remedies available to the Federal Government,the submit Standard Form-LLL,"Disclosure Form to Report department or agency with which this transaction originated Lobbying,"in accordance with its instructions. may pursue available remedies,including suspension and/or debarment. 2 CFR 180.325. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or ***** entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 4. Certification Regarding Debarment,Suspension, U.S.C. 1352. Any person who fails to file the required Ineligibility and Voluntary Exclusion--Lower Tier certification shall be subject to a civil penalty of not less than Participants: $10,000 and not more than$100,000 for each such failure. a.The prospective lower tier participant certifies,by 3.The prospective participant also agrees by submitting its submission of this proposal,that neither it nor its principals: bid or proposal that the participant shall require that the language of this certification be included in all lower tier (1)is presently debarred,suspended,proposed for subcontracts,which exceed$100,000 and that all such debarment,declared ineligible,or voluntarily excluded from recipients shall certify and disclose accordingly. participating in covered transactions by any Federal department or agency,2 CFR 180.355; XII. USE OF UNITED STATES-FLAG VESSELS: (2)is a corporation that has been convicted of a felony violation under any Federal law within the two-year period This provision is applicable to all Federal-aid construction preceding this proposal(USDOT Order 4200.6 implementing contracts,design-build contracts,subcontracts,lower-tier appropriations act requirements);and subcontracts,purchase orders,lease agreements,or any other covered transaction. 46 CFR Part 381. (3)is a corporation with any unpaid Federal tax liability that has been assessed,for which all judicial and administrative This requirement applies to material or equipment that is remedies have been exhausted,or have lapsed,and that is acquired for a specific Federal-aid highway project. 46 CFR not being paid in a timely manner pursuant to an agreement 381.7. It is not applicable to goods or materials that come into with the authority responsible for collecting the tax liability. inventories independent of an FHWA funded-contract. (USDOT Order 4200.6 implementing appropriations act requirements) When oceanic shipments(or shipments across the Great Lakes)are necessary for materials or equipment acquired for a b.Where the prospective lower tier participant is unable to specific Federal-aid construction project,the bidder,proposer, certify to any of the statements in this certification,such contractor,subcontractor,or vendor agrees: prospective participant should attach an explanation to this proposal. 1.To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage * (computed separately for dry bulk carriers,dry cargo liners, and tankers)involved,whenever shipping any equipment, material,or commodities pursuant to this contract,to the XI.CERTIFICATION REGARDING USE OF CONTRACT extent such vessels are available at fair and reasonable rates FUNDS FOR LOBBYING for United States-flag commercial vessels. 46 CFR 381.7. This provision is applicable to all Federal-aid construction 2.To furnish within 20 days following the date of loading for contracts and to all related subcontracts which exceed shipments originating within the United States or within 30 $100,000. 49 CFR Part 20,App.A. working days following the date of loading for shipments originating outside the United States,a legible copy of a rated, 1.The prospective participant certifies,by signing and 'on-board'commercial ocean bill-of-lading in English for each submitting this bid or proposal,to the best of his or her shipment of cargo described in paragraph(b)(1)of this section knowledge and belief,that: to both the Contracting Officer(through the prime contractor in the case of subcontractor bills-of-lading)and to the Office of a.No Federal appropriated funds have been paid or will be Cargo and Commercial Sealift(MAR-620),Maritime paid,by or on behalf of the undersigned,to any person for Administration,Washington,DC 20590.(MARAD requires influencing or attempting to influence an officer or employee of copies of the ocean carrier's(master)bills of lading,certified any Federal agency,a Member of Congress,an officer or onboard,dated,with rates and charges.These bills of lading employee of Congress,or an employee of a Member of may contain business sensitive information and therefore may Congress in connection with the awarding of any Federal be submitted directly to MARAD by the Ocean Transportation contract,the making of any Federal grant,the making of any Intermediary on behalf of the contractor). 46 CFR 381.7. Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or Agreement - 30 13 ATTACHMENT A-EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS(23 CFR 633,Subpart B,Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1 c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. 4. If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6.The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is,or reasonably may be,done as on-site work. Agreement - 31 14 Required Federal Aid Contract Language From LAPM Exhibit 12-G 12. FEMALE AND MINORITY GOALS To comply with Section Il, "Nondiscrimination," of"Required Contract Provisions Federal-Aid Construction Contracts,"the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000: The nationwide goal for female utilization is 6.9 percent. The goals for minority utilization (45 Fed Reg 65984 (10/3/1980))are as follows: MINORITY UTILIZATION GOALS Economic Goal Area (Percent) Redding CA: 174 Non-SMSA(Standard Metropolitan Statistical Area)Counties: 6.8 CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama Eureka, CA 175 Non-SMSA Counties: 6.6 CA Del Norte; CA Humboldt; CA Trinity San Francisco-Oakland-San Jose,CA: SMSA Counties: 7120 Salinas-Seaside-Monterey, CA 28.9 CA Monterey 7360 San Francisco-Oakland 25.6 CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA 19.6 176 CA Santa Clara, CA 7485 Santa Cruz, CA 14.9 CA Santa Cruz 7500 Santa Rosa 9.1 CA Sonoma 8720 Vallejo-Fairfield-Napa, CA 17.1 CA Napa; CA Solano Non-SMSA Counties: 23.2 CA Lake; CA Mendocino; CA San Benito Sacramento, CA: SMSA Counties: 177 6920 Sacramento, CA 16.1 CA Placer; CA Sacramento; CA Yolo Non-SMSA Counties 14.3 CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba Stockton-Modesto, CA: SMSA Counties: 5170 Modesto, CA 12.3 178 CA Stanislaus 8120 Stockton,CA 24.3 CA San Joaquin Non-SMSA Counties 19.8 CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne Fresno-Bakersfield, CA SMSA Counties: 179 0680 Bakersfield,CA 19.1 CA Kern 2840 Fresno, CA 26.1 Agreement - 32 Page 13 of 18 October 2023 Required Federal Aid Contract Language From LAPM Exhibit 12-G CA Fresno Non-SMSA Counties: 23.6 CA Kings; CA Madera; CA Tulare Los Angeles, CA: SMSA Counties: 0360 Anaheim-Santa Ana-Garden Grove, CA 11.9 CA Orange 4480 Los Angeles-Long Beach, CA 28.3 CA Los Angeles 21.5 180 6000 Oxnard-Simi Valley-Ventura,CA CA Ventura 19.0 6780 Riverside-San Bernardino-Ontario, CA CA Riverside; CA San Bernardino 19.7 7480 Santa Barbara-Santa Maria-Lompoc, CA CA Santa Barbara 24.6 Non-SMSA Counties CA Inyo; CA Mono; CA San Luis Obispo San Diego, CA: SMSA Counties 7320 San Diego, CA 16.9 181 CA San Diego Non-SMSA Counties 18.2 CA Imperial For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of$10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. 13. TITLE VI ASSURANCES [The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and E. Note:Appendix B only requires inclusion if the contract impacts deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein.Appendices C and D only require inclusion if the contract impacts deeds, licenses, leases, permits, or similar instruments entered into by the recipient.] APPENDIXA During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows: a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONTRACTOR,with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR'S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of Agreement - 33 Page 14 of 18 October 2023 Required Federal Aid Contract Language From LAPM Exhibit 12-G race, color, or national origin. d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation,termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub- applicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the"contractor") agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; Agreement - 34 Page 15 of 18 October 2023 Required Federal Aid Contract Language From LAPM Exhibit 12-G • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); •Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Federal Trainee Program Special Provisions (to be used when applicable) 14. FEDERAL TRAINEE PROGRAM For the Federal training program,the number of trainees orapprentices is . This section applies if a number of trainees or apprentices is shown on the Notice of Bidders. As part of the prime contractor's equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved. The prime contractor has primary responsibility for meeting this training requirement. If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training. Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor's needs and the availability of journeymen in the various classifications within a reasonable recruitment area. Before starting work,the prime contractor shall submit to the City/County of Fresno: 1. Number of apprentices or trainees to be trained for each classification 2. Training program to be used 3. Training starting date for each classification The prime contractor shall obtain the County of Fresno's approval for this submitted information before the prime contractor starts work. The County of Fresno's credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program. The primary objective of this section is to train and upgrade minorities and women toward journeyman status. The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training. The prime contractor shall not employ as an apprentice or trainee an employee: 1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman 2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor's records must show the employee's answers to the questions. Agreement - 35 Page 16 of 18 October 2023 Required Federal Aid Contract Language From LAPM Exhibit 12-G In the training program, the prime contractor shall establish the minimum length and training type for each classification. The County of Fresno's and FHWA approves a program if one of the following is met: 1. It is calculated to: • Meet the equal employment opportunity responsibilities • Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period 2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program. The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower-level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training. The County of Fresno reimburses the prime contractor 80 cents per hour of training given an employee on this contract under an approved training program: 1. For on-site training 2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and prime contractor does at least one of the following: a. Contribute to the cost of the training b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period 3. If the prime contractor complies with this section. Each apprentice or trainee must: 1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill 2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee a: 1. Copy of the training plan approved by the U.S, Department of Labor or a training plan for trainees approved by both Caltrans and FHWA 2. Certification showing the type and length of training satisfactorily completed Maintain records and submit reports documenting contractor's performance under this section. 15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to: • Procure or obtain; • Extend or renew a contract to procure or obtain; or • Enter into a contract (or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The prohibited vendors(and their subsidiaries or affiliates)are: • Huawei Technologies Company; • ZTE Corporation; Agreement - 36 Page 17 of 18 October 2023 Required Federal Aid Contract Language From LAPM Exhibit 12-G • Hytera Communications Corporation; • Hangzhou Hikvision Digital Technology Company; • Dahua Technology Company; and • Subsidiaries or affiliates of the above-mentioned companies. In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. The contractors should furnish telecommunications and video surveillance equipment with a certificate of compliance. The certificate must state telecommunications and video surveillance equipment was not procured or obtained from manufacturers identified in the above list. Agreement - 37 Page 18 of 18 October 2023 "General Decision Number: CA20250018 02/07/2025 Superseded General Decision Number: CA20240018 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)(1). 1If the contract is entered 1 . 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 $17.75 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 2025. 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 $13.30 per hour (or the applicable wage rate listed) on this wage determination, 1 if it is higher) for all hours spent performing on that contract in 2025. 1 1 1 1 The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2025 1 01/10/2025 2 02/07/2025 ASBE0016-004 05/01/2024 AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS & TOULMNE COUNTIES AREA 2: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) Area 1. . . . . . . . . . . . . . . . . . . . . .$ 34.56 11.40 Area 2. . . . . . . . . . . . . . . . . . . . . .$ 36.53 9.27 ---------------------------------------------------------------- ASBE0016-008 01/01/2024 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. . . . . . . . . . . . . . . . . . . . . .$ 84.76 25.07 Area 2. . . . . . . . . . . . . . . . . . . . . .$ 64.56 25.07 ---------------------------------------------------------------- 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 08/01/2023 Rates Fringes MARBLE FINISHER. . . . . . . . . . . . . . . . . .$ 41.18 18.58 ---------------------------------------------------------------- BRCA0003-003 08/01/2023 Rates Fringes MARBLE MASON. . . . . . . . . . . . . . . . . . . . .$ 60.20 28.82 ---------------------------------------------------------------- BRCA0003-005 05/01/2024 Rates Fringes BRICKLAYER ( 1) Fresno, Kings, Madera, Mariposa, Merced. . . .$ 51.17 25.80 ( 7) San Francisco, San Mateo. . . . . . . . . . . . . . . . . . . . . . .$ 57.02 28.50 ( 8) Alameda, Contra Costa, San Benito, Santa Clara. . . . . . . . . . . . . . . . . . . . . . .$ 56.94 26.28 ( 9) Calaveras, San Joaquin, Stanislaus, Toulumne. . . . . . . . . . . . . . . . . . . .$ 52.76 25.01 (16) Monterey, Santa Cruz. . .$ 54.18 27.82 ---------------------------------------------------------------- BRCA0003-008 07/01/2023 Rates Fringes TERRAZZO FINISHER. . . . . . . . . . . . . . . .$ 43.90 19.51 TERRAZZO WORKER/SETTER. . . . . . . . . . .$ 59.06 28.31 ---------------------------------------------------------------- BRCA0003-011 04/01/2024 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. . . . . . . . . . . . . . . . . . . . . .$ 37.75 19.28 Area 2. . . . . . . . . . . . . . . . . . . . . .$ 34.76 19.22 Area 3. . . . . . . . . . . . . . . . . . . . . .$ 32.68 18.32 Tile Layer Area 1. . . . . . . . . . . . . . . . . . . . . .$ 59.92 22.62 Area 2. . . . . . . . . . . . . . . . . . . . . .$ 55.17 22.52 Area 3. . . . . . . . . . . . . . . . . . . . . .$ 50.28 22.05 ---------------------------------------------------------------- CARP0022-001 07/01/2023 San Francisco County Rates Fringes Carpenters Bridge Builder/Highway Carpenter. . . . . . . . . . . . . . . . . . .$ 60.39 33.52 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer. . . . . . . . . . . . . . . . . . . . . . .$ 60.54 33.52 Journeyman Carpenter. . . . . . . .$ 60.39 33.52 Millwright. . . . . . . . . . . . . . . . . .$ 60.49 35.11 ---------------------------------------------------------------- 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 07/01/2023 San Mateo County Rates Fringes Carpenters Bridge Builder/Highway Carpenter. . . . . . . . . . . . . . . . . . .$ 60.39 33.52 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer. . . . . . . . . . . . . . . . . . . . . . .$ 60.54 33.52 Journeyman Carpenter. . . . . . . .$ 60.39 33.52 Millwright. . . . . . . . . . . . . . . . . .$ 60.49 35.11 ---------------------------------------------------------------- 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 12/01/2024 SAN FRANCISCO COUNTY Rates Fringes Sound & Communications Installer. . . . . . . . . . . . . . . . . . .$ 57.18 3%+27.15 Technician. . . . . . . . . . . . . . . . . .$ 65.76 3%+27.15 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 06/01/2024 SAN FRANCISCO COUNTY Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 91.25 3%+45.315 ---------------------------------------------------------------- ELEC0100-002 06/01/2024 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 45.00 29.15 ---------------------------------------------------------------- ELEC0100-005 12/01/2024 FRESNO, KINGS, MADERA Rates Fringes Communications System Installer. . . . . . . . . . . . . . . . . . .$ 45.28 28.01 Technician. . . . . . . . . . . . . . . . . .$ 52.07 28.21 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 12/25/2023 MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES Rates Fringes ELECTRICIAN Zone A. . . . . . . . . . . . . . . . . . . . . .$ 65.16 29.55 Zone B. . . . . . . . . . . . . . . . . . . . . .$ 71.68 29.75 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 12/01/2023 CONTRA COSTA COUNTY Rates Fringes Sound & Communications Installer. . . . . . . . . . . . . . . . . . .$ 48.44 27.60 Technician. . . . . . . . . . . . . . . . . .$ 55.71 27.82 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 06/01/2024 SANTA CLARA COUNTY Rates Fringes CABLE SPLICER. . . . . . . . . . . . . . . . . . . .$ 100.25 46.72 ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 87.17 46.33 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 12/01/2024 SANTA CLARA COUNTY Rates Fringes Sound & Communications Installer. . . . . . . . . . . . . . . . . . .$ 56.68 28.35 Technician. . . . . . . . . . . . . . . . . .$ 65.18 28.61 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 06/01/2024 ALAMEDA COUNTY Rates Fringes CABLE SPLICER. . . . . . . . . . . . . . . . . . . .$ 84.18 3%+44.68 ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 73.20 3%+44.68 ---------------------------------------------------------------- ELECO595-002 06/01/2024 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes CABLE SPLICER. . . . . . . . . . . . . . . . . . . .$ 59.34 3%+30.48 ELECTRICIAN (1) Tunnel work. . . . . . . . . . . . .$ 51.92 3%+30.48 (2) All other work. . . . . . . . .$ 49.45 3%+30.48 ---------------------------------------------------------------- ELEC0595-006 12/01/2024 ALAMEDA COUNTY Rates Fringes Sound & Communications Installer. . . . . . . . . . . . . . . . . . .$ 56.68 3%+26.65 Technician. . . . . . . . . . . . . . . . . .$ 65.18 3%+26.65 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 12/01/2024 CALAVERAS AND SAN IOAQUIN COUNTIES Rates Fringes Communications System Installer. . . . . . . . . . . . . . . . . . .$ 45.28 3%+26.65 Technician. . . . . . . . . . . . . . . . . .$ 52.07 3%+26.65 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 06/01/2024 SAN MATEO COUNTY Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 82.00 48.05 ---------------------------------------------------------------- ELEC0617-003 12/01/2023 SAN MATEO COUNTY Rates Fringes Sound & Communications Installer. . . . . . . . . . . . . . . . . . .$ 53.18 27.75 Technician. . . . . . . . . . . . . . . . . .$ 61.16 27.98 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 12/01/2024 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 48.50 30.09 CABLE SPLICER = 110% of Journeyman Electrician ---------------------------------------------------------------- ELEC0684-004 12/01/2024 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES Rates Fringes Communications System Installer. . . . . . . . . . . . . . . . . . .$ 45.28 28.01 Technician. . . . . . . . . . . . . . . . . .$ 52.07 28.21 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 06/01/2024 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer. .$ 70.16 24.46 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment). . . . . . . . . . . . .$ 53.30 22.01 (3) Groundman. . . . . . . . . . . . . . .$ 40.76 21.51 (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 01/01/2024 Rates Fringes ELEVATOR MECHANIC. . . . . . . . . . . . . . . .$ 80.76 37.885+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. ---------------------------------------------------------------- ENGI0003-001 06/28/2023 ""AREA 1"" WAGE RATES ARE LISTED BELOW ""AREA 2"" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1 RATES. SEE AREA DEFINITIONS BELOW Rates Fringes OPERATOR: Power Equipment (AREA 1:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 60.72 31.03 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 59.19 31.03 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 57.71 31.03 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 56.33 31.03 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 55.06 31.03 GROUP 6. . . . . . . . . . . . . . . . . . . . .$ 53.74 31.03 GROUP 7. . . . . . . . . . . . . . . . . . . . .$ 52.60 31.03 GROUP 8. . . . . . . . . . . . . . . . . . . . .$ 51.46 31.03 GROUP 8-A. . . . . . . . . . . . . . . . . . .$ 49.25 31.03 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. . . . . . . . . . . . . . . . . . . .$ 56.82 31.03 GROUP 1-A. . . . . . . . . . . . . . . . . .$ 59.29 31.03 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 55.56 31.03 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 54.23 31.03 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 53.09 31.03 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 51.95 31.03 UNDERGROUND: GROUP 1. . . . . . . . . . . . . . . . . . . .$ 56.72 31.03 GROUP 1-A. . . . . . . . . . . . . . . . . .$ 59.19 31.03 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 55.46 31.03 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 54.13 31.03 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 52.99 31.03 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 51.85 31.03 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 08/01/2024 Rates Fringes Dredging: (DREDGING: CLAMSHELL & DIPPER DREDGING; HYDRAULIC SUCTION DREDGING:) AREA 1: (1) Leverman. . . . . . . . . . . . . . .$ 60.61 39.55 (2) Dredge Dozer; Heavy duty repairman. . . . . . . . . . . . .$ 55.65 39.55 (3) Booster Pump Operator; Deck Engineer; Deck mate; Dredge Tender; Winch Operator. . . . . . . . . . . . . . . . . . .$ 54.53 39.55 (4) Bargeman; Deckhand; Fireman; Leveehand; Oiler. .$ 51.23 39.55 AREA 2: (1) Leverman. . . . . . . . . . . . . . .$ 62.61 39.55 (2) Dredge Dozer; Heavy duty repairman. . . . . . . . . . . . .$ 57.65 39.55 (3) Booster Pump Operator; Deck Engineer; Deck mate; Dredge Tender; Winch Operator. . . . . . . . . . . . . . . . . . .$ 56.53 39.55 (4) Bargeman; Deckhand; Fireman; Leveehand; Oiler. .$ 53.23 39.55 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 07/01/2024 SEE AREA DESCRIPTIONS BELOW Rates Fringes OPERATOR: Power Equipment (LANDSCAPE WORK ONLY) GROUP 1 AREA 1. . . . . . . . . . . . . . . . . . . . .$ 52.40 28.52 AREA 2. . . . . . . . . . . . . . . . . . . . .$ 54.40 28.52 GROUP 2 AREA 1. . . . . . . . . . . . . . . . . . . . .$ 48.80 28.52 AREA 2. . . . . . . . . . . . . . . . . . . . .$ 50.80 28.52 GROUP 3 AREA 1. . . . . . . . . . . . . . . . . . . . .$ 44.19 28.52 AREA 2. . . . . . . . . . . . . . . . . . . . .$ 46.19 28.52 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: Reaainder 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 01/01/2024 ALAMEDA, CONTRA COSTA, SAN MATEO, SANTA CLARA COUNTIES Rates Fringes Ironworkers: Fence Erector. . . . . . . . . . . . . . .$ 42.53 26.26 Ornamental, Reinforcing and Structural. . . . . . . . . . . . . .$ 52.08 34.90 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 $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- IRON0377-003 01/01/2024 SAN FRANCISCO CITY and COUNTY Rates Fringes Ironworkers: Fence Erector. . . . . . . . . . . . . . .$ 42.53 26.26 Ornamental, Reinforcing and Structural. . . . . . . . . . . . . .$ 52.58 34.90 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 $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- IRON0433-005 01/01/2024 REMAINING COUNTIES Rates Fringes IRONWORKER Fence Erector. . . . . . . . . . . . . . .$ 42.53 26.26 Ornamental, Reinforcing and Structural. . . . . . . . . . . . . .$ 47.45 34.90 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 $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LAB00067-006 07/01/2024 AREA ""1"" - ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES AREA ""2"" - CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes LABORER (ASBESTOS/MOLD/LEAD LABORER) Area 1. . . . . . . . . . . . . . . . . . . . . .$ 37.75 29.69 Area 2. . . . . . . . . . . . . . . . . . . . . .$ 36.75 29.69 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 07/01/2023 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person. .$ 36.26 27.30 Traffic Control Person I. . . .$ 36.56 27.30 Traffic Control Person II. . .$ 34.06 27.30 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 07/01/2023 SAN JOAQUIN COUNTY Rates Fringes LABORER Mason Tender-Brick. . . . . . . . . .$ 36.29 25.55 ---------------------------------------------------------------- LAB00073-005 06/26/2023 Rates Fringes Tunnel and Shaft Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 45.89 27.72 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 45.66 27.72 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 45.41 27.72 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 44.96 27.72 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 44.42 27.72 Shotcrete Specialist. . . . . . . .$ 46.41 27.72 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 06/26/2023 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS) Construction Specialist Group. . . . . . . . . . . . . . . . . . . . . . .$ 36.20 27.30 GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 35.50 27.30 GROUP 1-a. . . . . . . . . . . . . . . . . . .$ 35.72 27.30 GROUP 1-c. . . . . . . . . . . . . . . . . . .$ 35.55 27.30 GROUP 1-e. . . . . . . . . . . . . . . . . . .$ 36.05 27.30 GROUP 1-f. . . . . . . . . . . . . . . . . . .$ 30.37 23.20 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 35.35 27.30 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 35.25 27.30 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 28.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS) (1) New Construction. . . . . . . .$ 35.25 27.30 (2) Establishment Warranty Period. . . . . . . . . . . . . . . . . . . . . .$ 28.94 27.30 LABORER (GUNITE) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 36.46 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 35.96 27.30 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 35.37 27.30 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 35.25 27.30 LABORER (WRECKING) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 35.50 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 35.35 27.30 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; lacking 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 07/01/2023 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes LABORER (Plaster Tender). . . . . . . . .$ 39.77 28.54 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LAB00261-003 07/01/2023 SAN FRANCISCO AND SAN MATEO COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person. .$ 37.26 27.30 Traffic Control Person I. . . .$ 37.56 27.30 Traffic Control Person II. . .$ 35.06 27.30 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 06/26/2023 SAN FRANCISCO AND SAN MATEO COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 45.89 27.72 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 45.66 27.72 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 45.41 27.72 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 44.96 27.72 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 44.42 27.72 Shotcrete Specialist. . . . . . . .$ 46.41 27.72 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 06/26/2023 SAN FRANCISCO, AND SAN MATEO COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group. . . . . . . . . . . . . . . . . . . . . . .$ 37.20 27.30 GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 36.50 27.30 GROUP 1-a. . . . . . . . . . . . . . . . . . .$ 36.72 27.30 GROUP 1-c. . . . . . . . . . . . . . . . . . .$ 36.55 27.30 GROUP 1-e. . . . . . . . . . . . . . . . . . .$ 37.05 27.30 GROUP 1-f. . . . . . . . . . . . . . . . . . .$ 31.37 23.20 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 36.35 27.30 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 36.25 27.30 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 29.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction. . . . . . . .$ 36.25 27.30 (2) Establishment Warranty Period. . . . . . . . . . . . . . . . . . . . . .$ 29.94 27.30 LABORER (WRECKING - AREA A:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 36.50 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 36.35 27.30 Laborers: (GUNITE - AREA A:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 37.46 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 36.96 27.30 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 36.37 27.30 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 36.25 27.30 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; 7ackson 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 07/01/2023 SAN FRANCISCO AND SAN MATEO COUNTIES: Rates Fringes MASON TENDER, BRICK. . . . . . . . . . . . . .$ 37.05 27.45 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: $2.50 per day additional. ---------------------------------------------------------------- LAB00261-014 07/01/2023 SAN FRANCISCO AND SAN MATEO COUNTIES: Rates Fringes PLASTER TENDER. . . . . . . . . . . . . . . . . . .$ 41.93 30.32 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LAB00270-003 07/01/2023 AREA A: SANTA CLARA AREA B: MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person Area A. . . . . . . . . . . . . . . . . . . . .$ 37.26 27.30 Area B. . . . . . . . . . . . . . . . . . . . .$ 36.26 27.30 Traffic Control Person I Area A. . . . . . . . . . . . . . . . . . . . .$ 37.56 27.30 Area B. . . . . . . . . . . . . . . . . . . . .$ 36.56 27.30 Traffic Control Person II Area A. . . . . . . . . . . . . . . . . . . . .$ 35.06 27.30 Area B. . . . . . . . . . . . . . . . . . . . .$ 34.06 27.30 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 06/26/2023 MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 45.89 27.72 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 45.66 27.72 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 45.41 27.72 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 44.96 27.72 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 44.42 27.72 Shotcrete Specialist. . . . . . . .$ 46.41 27.72 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 07/01/2023 MONTEREY AND SAN BENITO COUNTIES Rates Fringes LABORER Mason Tender-Brick. . . . . . . . . .$ 36.29 25.55 ---------------------------------------------------------------- LAB00270-007 06/26/2023 MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA B) Construction Specialist Group. . . . . . . . . . . . . . . . . . . . . . .$ 36.20 27.30 GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 35.50 27.30 GROUP 1-a. . . . . . . . . . . . . . . . . . .$ 35.72 27.30 GROUP 1-c. . . . . . . . . . . . . . . . . . .$ 35.55 27.30 GROUP 1-e. . . . . . . . . . . . . . . . . . .$ 36.05 27.30 GROUP 1-f. . . . . . . . . . . . . . . . . . .$ 36.08 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 35.35 27.30 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 35.25 27.30 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 28.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA B) (1) New Construction. . . . . . . .$ 35.25 27.30 (2) Establishment Warranty Period. . . . . . . . . . . . . . . . . . . . . .$ 28.94 27.30 LABORER (GUNITE - AREA B) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 36.46 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 35.96 27.30 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 35.37 27.30 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 35.25 27.30 LABORER (WRECKING - AREA B) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 35.50 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 35.35 27.30 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; lack 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 06/26/2023 SANTA CLARA COUNTY Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group. . . . . . . . . . . . . . . . . . . . . . .$ 37.20 27.30 GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 36.50 27.30 GROUP 1-a. . . . . . . . . . . . . . . . . . .$ 36.72 27.30 GROUP 1-c. . . . . . . . . . . . . . . . . . .$ 36.55 27.30 GROUP 1-e. . . . . . . . . . . . . . . . . . .$ 37.05 27.30 GROUP 1-f. . . . . . . . . . . . . . . . . . .$ 37.08 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 36.35 27.30 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 36.25 27.30 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 29.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction. . . . . . . .$ 36.25 27.30 (2) Establishment Warranty Period. . . . . . . . . . . . . . . . . . . . . .$ 29.94 27.30 LABORER (GUNITE - AREA A:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 37.46 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 36.96 27.30 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 36.37 27.30 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 36.25 27.30 LABORER (WRECKING - AREA A:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 36.50 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 36.35 27.30 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; ]acking 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 07/01/2023 MONTEREY, SAN BENITO, SANTA CRUZ, SANTA CLARA COUNTIES Rates Fringes LABORER (Plaster Tender). . . . . . . . .$ 40.68 29.68 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LAB00294-001 07/01/2023 FRESNO, KINGS AND MADERA COUNTIES Rates Fringes LABORER (Brick) Mason Tender-Brick. . . . . . . . . .$ 36.29 25.55 ---------------------------------------------------------------- LAB00294-002 07/01/2023 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person. .$ 36.26 27.30 Traffic Control Person I. . . .$ 36.56 27.30 Traffic Control Person II. . .$ 34.06 27.30 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 06/26/2023 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 45.89 27.72 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 45.66 27.72 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 45.41 27.72 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 44.96 27.72 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 44.42 27.72 Shotcrete Specialist. . . . . . . .$ 46.41 27.72 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 06/26/2023 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA B:) Construction Specialist Group. . . . . . . . . . . . . . . . . . . . . . .$ 36.20 27.30 GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 35.50 27.30 GROUP 1-a. . . . . . . . . . . . . . . . . . .$ 35.72 27.30 GROUP 1-c. . . . . . . . . . . . . . . . . . .$ 35.55 27.30 GROUP 1-e. . . . . . . . . . . . . . . . . . .$ 36.05 27.30 GROUP 1-f. . . . . . . . . . . . . . . . . . .$ 36.08 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 35.35 27.30 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 35.25 27.30 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 28.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA B:) (1) New Construction. . . . . . . .$ 35.25 27.30 (2) Establishment Warranty Period. . . . . . . . . . . . . . . . . . . . . .$ 28.94 27.30 LABORER (GUNITE - AREA B:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 36.46 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 35.96 27.30 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 35.37 27.30 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 35.25 27.30 LABORER (WRECKING - AREA B:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 35.50 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 35.35 27.30 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; letting; 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 07/01/2023 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE Rates Fringes Plasterer tender. . . . . . . . . . . . . . . . .$ 39.77 28.54 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LAB00294-011 07/01/2023 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes LABORER (Plaster Tender). . . . . . . . .$ 39.77 28.54 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LAB00304-002 07/01/2023 ALAMEDA COUNTY Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person. .$ 37.26 27.30 Traffic Control Person I. . . .$ 37.56 27.30 Traffic Control Person II. . .$ 35.06 27.30 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 06/26/2023 ALAMEDA COUNTY Rates Fringes Tunnel and Shaft Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 45.89 27.72 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 45.66 27.72 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 45.41 27.72 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 44.96 27.72 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 44.42 27.72 Shotcrete Specialist. . . . . . . .$ 46.41 27.72 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 06/26/2023 ALAMEDA COUNTY Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group. . . . . . . . . . . . . . . . . . . . . . .$ 37.20 27.30 GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 36.50 27.30 GROUP 1-a. . . . . . . . . . . . . . . . . . .$ 36.72 27.30 GROUP 1-c. . . . . . . . . . . . . . . . . . .$ 36.55 27.30 GROUP 1-e. . . . . . . . . . . . . . . . . . .$ 37.05 27.30 GROUP 1-f. . . . . . . . . . . . . . . . . . .$ 37.08 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 36.35 27.30 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 36.25 27.30 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 29.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction. . . . . . . .$ 36.25 27.30 (2) Establishment Warranty Period. . . . . . . . . . . . . . . . . . . . . .$ 29.94 27.30 LABORER (GUNITE - AREA A:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 37.46 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 36.96 27.30 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 36.37 27.30 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 36.25 27.30 LABORER (WRECKING - AREA A:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 36.50 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 36.35 27.30 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 07/01/2023 ALAMEDA COUNTY Rates Fringes Brick Tender. . . . . . . . . . . . . . . . . . . . .$ 37.05 27.45 FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional. ---------------------------------------------------------------- LAB00304-008 07/01/2023 ALAMEDA AND CONTRA COSTA COUNTIES: Rates Fringes Plasterer tender. . . . . . . . . . . . . . . . .$ 41.93 30.32 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LAB00324-002 07/01/2023 CONTRA COSTA COUNTY Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person. .$ 37.26 27.30 Traffic Control Person I. . . .$ 37.56 27.30 Traffic Control Person II. . .$ 35.06 27.30 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 06/26/2023 CONTRA COSTA COUNTY Rates Fringes Tunnel and Shaft Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 45.89 27.72 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 45.66 27.72 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 45.41 27.72 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 44.96 27.72 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 44.42 27.72 Shotcrete Specialist. . . . . . . .$ 46.41 27.72 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 06/26/2023 CONTRA COSTA COUNTY Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group. . . . . . . . . . . . . . . . . . . . . . .$ 37.20 27.30 GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 36.50 27.30 GROUP 1-a. . . . . . . . . . . . . . . . . . .$ 36.72 27.30 GROUP 1-c. . . . . . . . . . . . . . . . . . .$ 36.55 27.30 GROUP 1-e. . . . . . . . . . . . . . . . . . .$ 37.05 27.30 GROUP 1-f. . . . . . . . . . . . . . . . . . .$ 37.08 27.30 GROUP 1-g. . . . . . . . . . . . . . . . . . .$ 36.70 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 36.35 27.30 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 36.25 27.30 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 29.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction. . . . . . . .$ 36.25 27.30 (2) Establishment Warranty Period. . . . . . . . . . . . . . . . . . . . . .$ 29.94 27.30 LABORER (GUNITE - AREA A:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 37.46 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 36.96 27.30 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 36.37 27.30 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 36.25 27.30 LABORER (WRECKING - AREA A:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 36.50 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 36.35 27.30 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 07/01/2023 CONTRA COSTA COUNTY: Rates Fringes Brick Tender. . . . . . . . . . . . . . . . . . . . .$ 37.05 27.45 FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional. ---------------------------------------------------------------- LAB00324-018 07/01/2023 ALAMEDA AND CONTRA COSTA COUNTIES: Rates Fringes Plasterer tender. . . . . . . . . . . . . . . . .$ 41.93 30.32 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LAB01130-002 07/01/2023 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person. .$ 36.26 27.30 Traffic Control Person I. . . .$ 36.56 27.30 Traffic Control Person II. . .$ 34.06 27.30 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 06/26/2023 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 45.89 27.72 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 45.66 27.72 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 45.41 27.72 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 44.96 27.72 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 44.42 27.72 Shotcrete Specialist. . . . . . . .$ 46.41 27.72 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 07/01/2023 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES Rates Fringes LABORER Mason Tender-Brick. . . . . . . . . .$ 36.29 25.55 ---------------------------------------------------------------- LAB01130-007 06/26/2023 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA B:) Construction Specialist Group. . . . . . . . . . . . . . . . . . . . . . .$ 36.20 27.30 GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 35.50 27.30 GROUP 1-a. . . . . . . . . . . . . . . . . . .$ 35.72 27.30 GROUP 1-c. . . . . . . . . . . . . . . . . . .$ 35.55 27.30 GROUP 1-e. . . . . . . . . . . . . . . . . . .$ 36.05 27.30 GROUP 1-f. . . . . . . . . . . . . . . . . . .$ 36.08 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 35.35 27.30 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 35.25 27.30 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 28.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA B:) (1) New Construction. . . . . . . .$ 35.25 27.30 (2) Establishment Warranty Period. . . . . . . . . . . . . . . . . . . . . .$ 28.94 27.30 LABORER (GUNITE - AREA B:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 36.46 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 35.96 27.30 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 35.37 27.30 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 35.25 27.30 LABORER (WRECKING - AREA B:) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 35.50 27.30 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 35.35 27.30 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; lacking of pipe over 12 inches; 7ackson 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 07/01/2023 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE Rates Fringes Plasterer tender. . . . . . . . . . . . . . . . .$ 39.77 28.54 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LAB01130-009 07/01/2023 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes LABORER (Plaster Tender). . . . . . . . .$ 39.77 28.54 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0016-001 01/01/2024 ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN MATEO, SANTA CLARA, AND SANTA CRUZ COUNTIES Rates Fringes Painters: . . . . . . . . . . . . . . . . . . . . . . . .$ 50.51 27.66 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 - $6.00 per houir additional ---------------------------------------------------------------- PAIN0016-003 01/01/2024 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES AREA 2: CALAVERAS, MARIPOA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS & TUOLUMNE COUNTIES Rates Fringes Drywall Finisher/Taper AREA 1. . . . . . . . . . . . . . . . . . . . . .$ 60.41 31.34 AREA 2. . . . . . . . . . . . . . . . . . . . . .$ 56.28 29.94 ---------------------------------------------------------------- PAIN0016-012 01/01/2024 ALAMEDA, CONTRA COSTA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES Rates Fringes SOFT FLOOR LAYER. . . . . . . . . . . . . . . . .$ 59.00 33.03 ---------------------------------------------------------------- PAIN0016-015 01/01/2024 CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE COUNTIES Rates Fringes PAINTER Brush. . . . . . . . . . . . . . . . . . . . . . .$ 40.85 22.40 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 $6.00 additional per hour. ---------------------------------------------------------------- PAIN0016-022 01/01/2024 SAN FRANCISCO COUNTY Rates Fringes PAINTER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 54.13 27.66 ---------------------------------------------------------------- PAIN0169-001 01/01/2023 FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES: Rates Fringes GLAZIER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 44.33 28.88 ---------------------------------------------------------------- PAIN0169-005 01/01/2024 ALAMEDA CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA & SANTA CRUZ COUNTIES Rates Fringes GLAZIER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 56.22 34.00 ---------------------------------------------------------------- PAIN0294-004 07/01/2023 FRESNO, KINGS AND MADERA COUNTIES Rates Fringes PAINTER Brush, Roller. . . . . . . . . . . . . . .$ 34.49 21.80 Drywall Finisher/Taper. . . . . .$ 35.74 21.80 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 01/01/2024 CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes GLAZIER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 43.25 35.62 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 01/01/2024 CALAVERAS; SAN JOAQUIN COUNTIES; STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes SOFT FLOOR LAYER. . . . . . . . . . . . . . . . .$ 48.54 26.59 ---------------------------------------------------------------- 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 07/01/2023 SAN FRANCISCO COUNTY Rates Fringes PLUMBER (Plumber, Steamfitter, Refrigeration Fitter). . . . . . . . . . . . . . . . . . . . . . . . . .$ 85.50 48.98 ---------------------------------------------------------------- PLUM0038-005 07/01/2023 SAN FRANCISCO COUNTY Rates Fringes Landscape/Irrigation Fitter (Underground/Utility Fitter). . . . .$ 72.68 32.91 ---------------------------------------------------------------- PLUM0062-001 07/01/2024 MONTEREY AND SANTA CRUZ COUNTIES Rates Fringes PLUMBER & STEAMFITTER. . . . . . . . . . . .$ 53.00 41.70 ---------------------------------------------------------------- PLUM0159-001 07/01/2024 CONTRA COSTA COUNTY Rates Fringes Plumber and steamfitter (1) Refrigeration. . . . . . . . . . .$ 65.28 48.04 (2) All other work. . . . . . . . . .$ 66.17 48.04 ---------------------------------------------------------------- PLUM0246-001 07/01/2024 FRESNO, KINGS & MADERA COUNTIES Rates Fringes PLUMBER & STEAMFITTER. . . . . . . . . . . .$ 50.00 40.69 ---------------------------------------------------------------- * 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 07/01/2023 ALAMEDA & CONTRA COSTA COUNTIES Rates Fringes PIPEFITTER CONTRA COSTA COUNTY. . . . . . . . .$ 74.00 47.45 PLUMBER, PIPEFITTER, STEAMFITTER ALAMEDA COUNTY. . . . . . . . . . . . . .$ 74.00 47.45 ---------------------------------------------------------------- PLUM0355-004 07/01/2024 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. . . . . . . . . . .$ 34.51 18.30 ---------------------------------------------------------------- PLUM0393-001 07/01/2021 SAN BENITO AND SANTA CLARA COUNTIES Rates Fringes PLUMBER/PIPEFITTER. . . . . . . . . . . . . . .$ 68.76 46.63 ---------------------------------------------------------------- PLUM0442-001 07/01/2024 CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE COUNTIES Rates Fringes PLUMBER & STEAMFITTER. . . . . . . . . . . .$ 54.05 36.99 ---------------------------------------------------------------- PLUM0467-001 07/01/2024 SAN MATEO COUNTY Rates Fringes Plumber/Pipefitter/Steamfitter. . .$ 83.75 40.65 ---------------------------------------------------------------- ROOF0027-002 09/01/2024 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 45.76 16.86 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: $2.00 per hour additional. ---------------------------------------------------------------- ROOF0040-002 08/01/2024 SAN FRANCISCO & SAN MATEO COUNTIES: Rates Fringes ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 55.30 22.97 ---------------------------------------------------------------- ROOF0081-001 08/01/2023 ALAMEDA AND CONTRA COSTA COUNTIES: Rates Fringes Roofer. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 52.47 22.31 ---------------------------------------------------------------- ROOF0081-004 08/01/2024 CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 49.65 22.19 ---------------------------------------------------------------- ROOF0095-002 08/01/2023 MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES: Rates Fringes ROOFER Bitumastic, Enameler, Coal Tar, Pitch and Mastic worker. . . . . . . . . . . . . . . . . . . . . .$ 57.17 21.51 Journeyman. . . . . . . . . . . . . . . . . .$ 53.17 21.51 Kettle person (2 kettles). . .$ 55.17 21.51 ---------------------------------------------------------------- SFCA0483-001 08/01/2024 ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: Rates Fringes SPRINKLER FITTER (FIRE). . . . . . . . . .$ 79.13 38.51 ---------------------------------------------------------------- * SFCA0669-011 01/01/2025 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes SPRINKLER FITTER. . . . . . . . . . . . . . . . .$ 46.42 28.42 ---------------------------------------------------------------- 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 07/01/2024 Rates Fringes Truck drivers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 41.54 33.25 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 41.84 33.25 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 42.14 33.25 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 42.49 33.25 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 42.84 33.25 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 ($17.75) or 13658 ($13.30). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. 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) (iii)). ---------------------------------------------------------------- The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers A four-letter identifier beginning with characters other than ""SU.".5 ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate 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. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the 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. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. ----------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail 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 an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail 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 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. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION"