HomeMy WebLinkAbout05-17-2016 Item 17 Council Reading FileREV 1, DMA 7/3/15
REV 2, DMA 11/13/15
SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
CDBG CURB RAMPS 2016
Specification No. 91445
JUNE 2016
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
CDBG Curb Ramps 2016
Specification No. 91445
May 17, 2016
NOTICE TO BIDDERS
i
BID SUBMISSION
Sealed bids will be received by the City of San Luis Obispo at the Public Works Administration Office
located at 919 Palm Street, California 93401, until
3:00 p.m. on June 8, 2016
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly
marked:
CDBG Curb Ramps 2016, Specification No. 91445
Any bid received after the time and date specified will not be considered and will be returned to the bidder
unopened. Bids received by Fax or Email will not be considered.
By submission of bid you agree to comply with all instruction and requirements in this notice and the
contract documents.
All bids must be submitted on the Bid Item List form(s) provided and submitted with all other Bid Forms
included in these Special Provisions.
Each bid must be accompanied by either a:
1. certified check
2. cashier's check
3. bidder's bond
made payable to the City of San Luis Obispo for an amount equal to ten percent of the bid amount as a
guaranty. Guaranty will be forfeited to the City San Luis Obispo if the bidder, to whom the contract is
awarded, fails to enter into the contract.
The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive any informality
in a bid.
All bids are to be compared on the basis of the City Engineer's estimate of the quantities of work to be
done, as shown on the Bid Item List.
Bids will only be accepted from bidders that are licensed in compliance with the provisions of Chapter 9,
Division III of Business and Professions Code.
The award of the contract, if awarded, will be to the lowest responsive bid submitted by a responsible
contractor whose bid complies with the requirements prescribed. If the contract is awarded, the contract
will be awarded within 60 calendar days after the opening of the bids.
Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of
those defects.
BID DOCUMENTS
A copy of the plans and special provisions may be downloaded, free of charge, from the City’s websi te at:
www.slocity.org/government/department-directory/public-works/public-works-bids-proposals
A printed copy may be obtained at the office of the City Engineer by paying a non-refundable fee of:
1. $20.00 if picked up in person, or
2. $30.00 if by mailing to the office of the City Engineer
Request must include Specification Number. The office of the City Engineer is located at:
919 Palm Street
San Luis Obispo, CA 93401
NOTICE TO BIDDERS
ii
Standard Specifications and Engineering Standards referenced in the Special Provisions may be
downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/documents-online/construction-
documents
A printed copy may be obtained by paying a non-refundable of:
1. $16.00 if picked up in person, or
2. $21.00 if by mailing to the office of the City Engineer
You are responsible to obtain all issued addenda prior to bid opening. Addenda will be available to
download at the City’s website listed above or at the office of the City Engineer.
Contact the project manager, Manny Guzman at (805) 781-7423 or Public Works Department at (805)
781-7200 prior to bid opening to verify the number of addenda issued.
You are responsible to verify your contact information is correct on the plan holders list located on the
City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bids-proposals.
PROJECT INFORMATION
In general the project consists of the construction of new ADA compliant curb ramps at existing streets
corners within the City of San Luis Obispo.
The project estimated construction cost is $118,000
Contract time is established as 25 working days.
The fixed liquidated damages amount is established at $500 per day for failure to complete the work
within the contract time.
In compliance with section 1773 of the Labor Code, the State of California Department of Industrial
Relations has established prevailing hourly wage rates for each type of workman. Current wage rates
may be obtained from the Division of Labor at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm
This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
Bidders are hereby notified that this contract is subject to the Davis -Bacon Federal minimum
wage rates and State prevailing wage rates.
In addition to the State prevailing wage rates, the Federal minimum wages for this project, as
predetermined by the United States Secretary of Labor , are incorporated in this document.
If there is a difference between the Federal Minimum Wages and the General Prevailing Wage
Determinations, as predetermined by the Secretary of Labor and by the Director of the California
Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors
must pay the higher wage rate.
The Department will not accept lower State wag e rates not specifically included in the Federal minimum
wage determinations. This includes "helper", 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, the Contractor and subcontractors
cannot pay less than the Federal minimum wage rate which most closely approximates the duties of the
employees in question.
A Contractor’s Guide to Prevailing Wage Requirements for Federally-Assisted Construction may be
obtained from the U.S Department of Housing and Urban Development web site:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/guidebooks/4812LR
NOTICE TO BIDDERS
iii
QUALIFICATIONS
You must possess a valid Class A or C8 Contractor's License at the time the contract is awarded.
You and any subcontractors required to pay prevailing wage must be registered with the
Department of Industrial Relations pursuant to Section 1725.5 of the Labor Code.
You must have experience constructing projects similar to the work specified for this project. Provide
three similar reference projects completed as either the prime or subcontractor. All referenced projects
must be completed within the last five years from this project’s bid opening date.
One of the three reference projects must have been completed under contract with a city, county,
state or federal government agency as the prime contractor.
All referenced projects must be for concrete curb & sidewalk construction work, Americans with
Disabilities Act (ADA) compliance, and detectable warning surface and/or truncated domes
installation.
Failure to provide reference projects as specified in this section and as required on the qualification fo rm
is cause to reject a bid as being non-responsive.
The City reserves the right to reject any bid based on non-responsiveness if a bidder fails to provide a bid
that complies with all bidding instructions.
The City reserves the right to reject a responsive bid based on the non-responsibility of the bidder if the
Director of Public Works or Designee finds, after providing notice and a hearing to the bidder, that the
bidder lacks the
knowledge
experience,
or is otherwise not responsible
as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project in the best
interest of the City.
Rejected bidders may appeal this determination. Appeal must comply with the requirements in this Notice
to Bidders.
It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive bid submitted by a
responsible bidder. If in the bidder’s opinion the contract has been or may be improperly awarded, the
bidder may protest the contract award.
Protests must be filed no later than five working days after either:
bid opening date
notification of rejected bid.
Protest must be in writing and received by the project manager located at:
919 Palm Street
San Luis Obispo, CA 93401.
Valid protests must contain the following information:
the reasons for the protest
any supporting documentation
the ruling expected by the City to remedy the protest.
Any protest not containing all required information will be deemed invalid and rejected.
The City will consider additional documentation or other supporting information regarding the protest if
submitted in compliance to the specified time limits. Anything submitted after the specified time limit will
be rejected and not be considered.
NOTICE TO BIDDERS
iv
The Director of Public Works or Designee may request additional information to be submitted within three
days of the request, unless otherwise specified, and will notify the protester of ruling within ten days of
determination.
In the event that protester is not satisfied with ruling, the protester may appeal the ruling to the City
Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code.
Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will make public records
available upon request.
AWARD
The lowest bidder will be determined using the TOTAL PROJECT BID.
As a condition to executing a contract with the City, two bonds each equal to one hundred percent of the
total contract price are required in compliance with Section 3-1.05 of the Standard Specifications.
You may substitute securities for moneys withheld under the contract in compliance with the provisions of
the Public Contract Code, Section 10263.
ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact Kath ryn Stanley at
(805) 781-7200 or by Telecommunications Device for the Deaf at (805) 781-7107. Requests should be
made as early as possible in the bidding process to allow time for accommodation.
BID FORMS
A
All bid forms must be completed and submitted with your bid. Failure to submit these forms and required
bid bond will be cause to reject the bid as nonresponsive. Staple all bid forms together.
THE UNDERSIGNED, agrees that they have carefully examined:
the location of the proposed work
the plans and specifications
read the accompanying instructions to bidders
and propose to furnish all:
materials
labor
to complete all the required work satisfactorily in compliance with
plans
specifications
special provisions
for the prices set forth in the bid item list:
BID ITEM LIST FOR CDBG Curb Ramps 2016, Specification No. 91445
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 73
Curb Ramp Improvements at
Patricia Drive and Daly Ave.
Southwest Corner (Sheet 3)
LS 1
2 73
Curb Ramp Improvements at
Patricia Drive and Daly Ave.
Northwest Corner (Sheet 4)
LS 1
3 73
Curb Ramp Improvements at
Patricia Drive and Daly Ave.
Southeast Corner (Sheet 5)
LS 1
4 73
Curb Ramp Improvements at
Patricia Drive and Daly Ave.
Northeast Corner (Sheet 6)
LS 1
5 73
Curb Ramp Improvements at
Patricia Drive and Marlene Drive
South Corner
(Sheet 7)
LS 1
6 73
Curb Ramp Improvements at
Patricia Drive and Marlene Drive
North Corner (Sheet 8)
LS 1
7 73
Curb Ramp Improvements at
Santa Rosa Street and Leff Street
Southeast Corner (Sheet 9)
LS 1
8 73
Curb Ramp Improvements at
Santa Rosa Street and Leff Street
Southwest Corner
(Sheet 10)
LS 1
9 73
Curb Ramp Improvements at
Santa Rosa Street and Leff Street
Northwest Corner (Sheet 11)
LS 1
10 73
Curb Ramp Improvements at
Santa Rosa Street and Leff Street
Northeast Corner (Sheet 12)
LS 1
11 84 Traffic Stripes and Pavement
Markings LS 1
12 81 Benchmarks EA 1
BID FORMS
B
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
13 73 Sidewalk SQFT 100
14 73 Curb and Gutter LF 50
15 73 Decorative Concrete SQFT 100
16 73 Asphalt Concrete SQFT 200
Total Project Bid $
Authorized Signature:
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe
required work.
BID FORMS
C
LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2 -1.33C of the standard
specifications, the Bidder is required to furnish the following information for each Subcontractor
performing more than 1/2 percent (0.5%) of the total base bid. Do not list alternative subcontractors for
the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as
allowed in section 5-1.13 of the standard specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth
of work need not be mentioned. Subcontractors required to pay prevailing wage, must be registered
with the Department of Industrial Relations pursuant to Labor Code section 1725.5 to be listed.
NOTE: If there are no subcontractors, write “NONE” and submit with bid.
Name Under Which
Subcontractor is Licensed License Number
Address and Phone
Number of Office, Mill or
Shop Specific Description of
Subcontract
% of
Total
Base
Bid
Attach additional sheets as needed.
BID FORMS
D
(Rev 9-07)
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In compliance 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, or any
subcontractor to be engaged by the bidder, has ____, has not ____ been convicted within the preceding
three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion,
conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding
upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section
1101, with any public entity, as defined in Public Contract Code Section 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.
NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided.
The above Statement is part of the Bid. Signing this Bid on the signature portion constitute signature of
this Statement. Bidders are cautioned that making a false certification may subj ect the certifier to criminal
prosecution.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In compliance with Public Contract Code Section 10162, the Bidder must 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?
Yes No
If the answer is yes, attach a letter explaining the circumstances
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In compliance with Public Contract Code Section 10232, you hereby states under penalty of perjury, that no
more than one final unappealable finding of contempt of court by a federal court has been issued against
you within the immediately preceding two-year period because of your failure to comply with an order of a
federal court which orders you to comply with an order of the National Labor Relations Board.
LABOR CODE SECTION 1725.5 STATEMENTS
The bidder has delinquent liability to an employee or the state for any assessment of back wages or
related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a
court or any federal, state, or local administrative agency, including a confirmed arbitration award. Any
judgment, order, or determination that is under appeal is excluded, provided that the contractor has
secured the payment of any amount eventually found due through a bond or other appropriate means.
Yes No
The bidder is currently debarred under Section 1777.1 or under any other federal or state law providing
for the debarment of contractors from public works.
Yes No
NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on the signature
portion constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false
certification may subject the certifier to criminal prosecution.
BID FORMS
E
NONCOLLUSION DECLARATION
I, , declare that
I am of ,
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in
a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or that anyone refrained from bidding; that the bidder has not in
any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix
the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price,
or of that of any other bidder, or to secure any advantage against the public body awarding the contract of
anyone interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any mem ber or agent
thereof to effectuate a collusive or sham bid.
Executed on , 20 , in __
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct.
(Signature and Title of Declarant)
(SEAL)
Subscribed and sworn to before me
this _______day of _________, 20_____
Notary Public
Company Name:____________________
BID FORMS
F
Bidder Acknowledgements
By signing below, the bidder acknowledges and confirms that this bid is based on the information contained
in all contract documents, including the notice to bidders, plans, specifications, special provisions, and
addendum number(s) . (Note: You are responsible to verify the number of
addenda prior to the bid opening.)
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a
mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his
bid will become the property of the City of San Luis Obispo.
Licensed in accordance with an act providing for the registration of contractors, License No. ,
Expiration Date .
The above statement is made under penalty of perjury, and any bid not containing this information "will be
considered non-responsive and will be rejected” by the City.
Signature of Bidder
(Print Name and Title of Bidder)
Business Name (DBA):
Owner/Legal Name:
Indicate One: Sole-proprietor Partnership Corporation
List Partners/Corporate Officers:
Name Title
Name Title
Name Title
Business Address
Street Address
Mailing Address
City, State, Zip Code
Phone Number
Fax Number
Email Address
Date
BID FORMS
G
Qualifications
Failure to furnish complete reference information ON THIS FORM, as specified in this project’s Notice to
Bidders and indicated below, is cause to reject the bid. Additional information may be attached, but is not a
substitute for this form.
Reference Number 1
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid or
did this project include concrete curbs
and sidewalk work activity?
Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
Reference Number 2
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid or
did this project include concrete curbs
and sidewalk work activity?
Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
Reference Number 3
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid or
did this project include concrete curbs
and sidewalk work activity?
Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
BID FORMS
H
ATTACH BIDDER'S BOND TO ACCOMPANY BID
Know all men by these presents:
That we ____________________________________________, AS PRINCIPAL, and
_______________________________________________________, AS SURETY, are held and firmly
bound unto the City of San Luis Obispo in the sum of:
____________________________________________________ Dollars (_____________) to be paid to
said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made,
we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally,
firmly by these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above
bounden ______________________________________________________________________
to construct ___________________________________________________________________
(insert name of street and limits to be improved or project)
dated _____________________ is accepted by the City of San Luis Obispo, and if the above
bounden _______________________________________________________, his heirs, executors,
administrators, successors, and assigns shall duly enter into and execute a contract for such construction
and shall execute and deliver the two bonds described within ten (10) days (not including Saturdays,
Sundays, or legal holidays) after the above bounden,
______________________________________________________, has received notice by and from the
said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____.
Bidder Principal:
Signature Date
Title:
Surety:
Bidder's signature is not required to be notarized. Surety's signature must be notarized.
Equivalent form may be substituted
(Rev. 6-30-14)
BID FORMS
I
A BIDDER’S LIST OF SUBCONTRACTORS (DBE and NON-DBE)
The bidder must list all subcontractors who provided a quote or bid, including those that were not selected to
participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of
Federal Regulations. Shaded areas of form are optional and are not required to be completed. Photocopy this form as
needed for additional firms. Contractor may use their own form as long as all required (non -shaded)
information is included on the form. To the extent permitted by law, all information submitted will be held in strict confidence
by the agencies and will not be shared without your consent except as noted above.
Contractor: Prime Contractor OR Subcontractor
Firm Name: Contact Person:
Years in Business: Address: Phone: Fax:
City
Certified DBE under 49 CFR Part 26? Yes DBE #: No
Gross Annual Receipts for Last Year:
Less than $1 Million Less than $5 Million Less than $10
Million Less than $15 Million More than $15 Million
Type of work / Services / Materials Provided:
Contractor Trucking Supplier Broker
Manufacturer Other (describe):
Contractor Specialties:
Bridges & Tunnel
Construction
Building Construction
Concrete retaining walls
Other:
Coatings
Communication Lines
Landscaping & Irrigation
Masonry (incl. retaining walls)
Minor concrete (incl.
flatwork)
Pipeline Construction
Roadway Construction
Signing / Traffic Control
Street Lighting & Signals
Striping
Tanks
Treatment Facilities
Contractor: Prime Contractor OR Subcontractor
Firm Name: Contact Person:
Years in Business: Address: Phone: Fax:
City
Certified DBE under 49 CFR Part 26? Yes DBE #: No
Gross Annual Receipts for Last Year:
Less than $1 Million Less than $5 Million Less than $10
Million Less than $15 Million More than $15 Million
Type of work / Services / Materials Provided:
Contractor Trucking Supplier Broker
Manufacturer Other (describe):
Contractor Specialties:
Bridges & Tunnel
Construction
Building Construction
Concrete retaining walls
Other:
Coatings
Communication Lines
Landscaping & Irrigation
Masonry (incl. retaining walls)
Minor concrete (incl.
flatwork)
Pipeline Construction
Roadway Construction
Signing / Traffic Control
Street Lighting & Signals
Striping
Tanks
Treatment Facilities
Contractor: Prime Contractor OR Subcontractor
Firm Name: Contact Person:
Years in Business: Address: Phone: Fax:
City
Certified DBE under 49 CFR Part 26? Yes DBE #: No
Gross Annual Receipts for Last Year:
Less than $1 Million Less than $5 Million Less than $10
Million Less than $15 Million More than $15 Million
Type of work / Services / Materials Provided:
Contractor Trucking Supplier Broker
Manufacturer Other (describe):
Contractor Specialties:
Bridges & Tunnel
Construction
Building Construction
Concrete retaining walls
Other:
Coatings
Communication Lines
Landscaping & Irrigation
Masonry (incl. retaining walls)
Minor concrete (incl.
flatwork)
Pipeline Construction
Roadway Construction
Signing / Traffic Control
Street Lighting & Signals
Striping
Tanks
Treatment Facilities
BID FORMS
J
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
CHECK ONE THAT APPLIES:
Applies. This contract/subcontract is over $10,000
Does not apply. Contract/Subcontract is $10,000 or less
NOTE: Contractor shall be responsible to submit subcontractor’s certifications at time of
award.
The bidder ____________________________________________________________, proposed
subcontractor _________________________________________________, hereby certifies that
he ________________ (has, has not) participated in a previous contract or subcontract subject
to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and
that, where required, he has filed with the Joint Reporting Committee, the Director of the Office
of Federal Contract Compliance, a Federal Government contracting or administering agency, or
the former President's Committee on Equal Employment Opportunity, all reports due under the
applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of
the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed
subcontractors only in connection with contracts and subcontracts which are subject to the equal
opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity
clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or
under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or
their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or
subcontract subject to the Executive Orders and have not filed the required reports should no te
that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such
contractor submits a report covering the delinquent period or such other period specified by the
Federal Highway Administration or by the Director, Office of Federal Contract Compliance,
U.S. Department of Labor.
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL
ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS
WHICH ARE A PART OF THIS PROPOSAL)
BID FORMS
K
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
CHECK ONE THAT APPLIES:
Applies. This contract/subcontract is over $25,000
Does not apply. Contract/Subcontract is $25,000 or less
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other
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 there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining
bidder responsibility. For any exception noted above, indicate below to whom it applies,
initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative
sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Certification.
BID FORMS
L
NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
CHECK ONE THAT APPLIES:
Applies. This contract/subcontract is over $100,000
Does not apply. Contract/Subcontract is $100,000 or less
The prospective participant certifies, by signing and submitting this bid or proposal, to the best
of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying
Activities," in accordance with its instructions. Form can be found in
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.
BID FORMS
M
LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
CONTRACTOR'S CERTIFICATION
To: City of San Luis Obispo/Public Works Dept. Date:
919 Palm Street, San Luis Obispo, CA Project Number: 91445
C/O: City Engineer Project Name: CDBG Curb Ramps 2016
1. The undersigned, having executed a contract with the City of San Luis Obispo for the construction of
the above-identified project, acknowledges that:
(a) The Labor Standards Provisions are included in the aforesaid contract.
(b) Correction of any infractions of the aforesaid conditions, including infractions by any of his
subcontractors and any lower tier subcontractors, is his responsibility:
2. He certifies that:
(a) Neither he nor any firm, partnership or association in which he has substantial
interest is designated as an ineligible contractor by the Comptroller General of the United States
pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5)
or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C. 276a-2(a)).
(b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor
if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a
substantial interest is designated as an eligible contractor pursuant to any of the aforementioned regulatory
or statutory provisions.
3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of
any subcontract, including those executed by his subcontractors and an lower tier subcontractors, a
Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by
the subcontractors.
4. He certifies that:
The legal name and the business address of the undersigned are:
The undersigned is:
A Single proprietorship
A Corporation organized in the State of: ________
A Partnership
Other Organization (Describe)_________________________________
Signature: Name and Title:
BID FORMS
N
BID FORMS
O
LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
SUBCONTRACTOR'S CERTIFICATION
(Contractor to execute with subcontractors and forward to City along with signed contract and bonds)
To: City of San Luis Obispo/Public Works Dept. Date:
919 Palm Street, San Luis Obispo, CA Project Number: 91445
C/O: City Engineer Project Name: CDBG Curb Ramps 2016
1. The undersigned, having executed a contract with
(Contractor or Subcontractor)
for in the amount of $ in
(Nature of Work)
the construction of the above-identified project, certifies that:
(a) The Labor Standards Provisions of the Contract for Construction are included in the aforesaid
contract.
(b) Neither he nor any firm, corporation, partnership or association in which he has a substantial
interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to
Section 5.60(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5), or pursuant to Section
3(a) of the Davis-Bacon Act, as amended (40 U.S.C. 276a-2(a)).
(c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if
such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a
substantial interest in designate as an ineligible contractor pursuant to the aforesaid regulatory or statutory
provisions.
2. He agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days
after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards
and Prevailing Wage Requirements, executed by the lower tier subcontractor, in duplicate.
3. He certifies that:
The legal name and the business address of the undersigned is:
The undersigned is:
A Single proprietorship
A Corporation organized in the State of:
A Partnership
Other Organization (Describe)_________________________________
Signature: Name and Title:
BID FORMS
P
(Make additional copies as needed for all subcontractors)
BID FORMS
Q
BIDDER DBE COMMITMENT
(Construction Contracts)
NOTE: PLEASE REFER TO NEXT PAGE FOR INSTRUCTIONS
AGENCY: City of San Luis Obispo PROJECT NO: 91445
PROJECT DESCRIPTION: CDBG Curb Ramps 2016
TOTAL CONTRACT AMOUNT: $______________ BID DATE:_________________
BIDDER'S NAME:_____________________________________________
CONTRACT DBE GOAL: 25.0%
CONTRACT
ITEM NO.
ITEM OF WORK AND DESCRIPTION
OR SERVICES TO BE
SUBCONTRACTED OR MATERIALS
TO BE PROVIDED
Cert. No. of DBE
AND EXPIRATION
DATE
NAME OF DBEs
(Must be certified on the date bids
are opened - include DBE address
and phone number)
DOLLAR AMOUNT
DBE
Total Claimed
Participation
$_______
_______%
Resident Engineer/Construction Manager:
certifies that all information is complete and accurate.
_____________________________
Print name of RE/CM:
_____________________________
Signature RE/CM
____________________________
Date
_____________________________
(Area Code) Tel. No.
Bidder:
certifies that all information is complete
and accurate.
_____________________________
Signature of Bidder
_____________________________
Date
_____________________________
(Area Code) Tel. No.
_____________________________
Person to Contact (Type or Print)
BID FORMS
R
INSTRUCTIONS - BIDDER DBE COMMITMENT
ALL BIDDERS:
PLEASE NOTE: It is the bidder’s responsibility to verify that the DBE(s) falls into one of the
following groups in order to count towards the DBE contract goal: 1) African American; 2) Asian -
Pacific American; 3) Native American; 4) Women; 5) Hispanic Americans; 6) Subcontinent Asian
Americans; 7) Any individual or group who are socially and economically disadvantaged. This
information may be submitted with your bid proposal. If it is not, and you are the apparent low
bidder or the second or third low bidder, it must submitted and received by the City Public Works
Department no later than 4:00 p.m. on the 4th business day after bid opening. Failure to submit
the required DBE commitment will be grounds for finding the proposal nonresponsive.
DBE is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups:
African Americans
Asian-Pacific Americans
Native Americans
Women
Hispanic Americans
Subcontinent Asian Americans
Any individual or group who are socially and economically disadvantaged
The form requires specific information regarding the construction contract: Agency, Location, Project
Description, Total Contract Amount, Bid Date, Bidder’s Name, and Contract Goal.
The form has a column for the Contract Item Number (or Item No’s) and Item of Work and Description or
Services to be subcontracted or Materials to be provided by DBEs. The DBE should provide a
certification number to the Contractor and expiration date. The form has a column for the Names of DBE
contractors to perform the work (who must be certified on the date bids are opened and include the DBE
address and phone number). Enter the DBE prime’s and subcontractors’ certification numbers. Prime
contractors shall indicate all work to be performed by DBEs including, if the prime is a DBE, work
performed by its own forces.
IMPORTANT: Identify all DBE firms being participating in the project regardless of tier. Names of the
First Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where
applicable, with the names and items of work in the "List of Subcontractors" submitted with your b id.
Provide copies of the DBE’s quotes, and if applicable, a copy of joint venture agreements pursuant to the
Subcontractors Listing Law and the Contract Documents.
There is a column for the total DBE dollar amount. Enter the Total Claimed DBE Participation dollar s and
percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100%
of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or
furnished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE)" in Appendix B of the
Special Provisions (construction contracts), to determine how to count the participation of DBE firms.
This form must be signed and dated by the person bidding. Also list a phone number in the space
provided and print the name of the person to contact.
This form must be submitted to the City along with the executed contract and bonds.
BID FORMS
S
DBE INFORMATION - GOOD FAITH EFFORTS
City Project No. 99868 Bid Opening Date __________________________
The City of San Luis Obispo established a Disadvantaged Business Enterprise (DBE) goal of
25.0% for this project. The information provided herein shows that a good faith effort was made.
Lowest, second lowest and third lowest bidders shall submit the following information to document
adequate good faith efforts and must be received by the City Public Works Department no later than
4:00 p.m. on the 4th business day after bid opening. Failure to submit this information will be grounds
for finding the proposal nonresponsive. Bidders should submit the following information even if the “Bidder
– DBE Commitment” form indicates that the bidder has met the DBE goal. This will protect the 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 er ror.
Submittal of only the “Bidder – DBE Commitment” form may not provide sufficient documentation to
demonstrate that adequate good faith efforts were made.
The following items are listed in the Section entitled “Good Faith Efforts Submittal” Section of A ppendix B of the
Contract Documents:
A. The names and dates of each publication in which a request for DBE participation for this project was
placed by the bidder (please attach copies of advertisements or proofs of publication):
Publications Dates of Advertisement
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the
dates and methods used for following up initial solicitations to determine with certainty whether the DBEs
were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):
Names of
DBEs
Solicited
Date of
Initial
Solicitation
Follow Up
Methods and
Dates
C. The items of work which the bidder made available to DBE firms, including, where appropriate, any
breaking down of the contract work items (including those items normally performed by the bidder with its
own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility
to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms.
BID FORMS
T
Items of Work Bidder Normally
Performs Item
(Y/N)
Breakdown of Items Amount
($)
Percentage
Of
Contract
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:
Names, addresses and phone numbers of firms selected for the work above:
E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any
technical assistance or information related to the plans, specifications and requirements for the work
which was provided to DBEs:
F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or
related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or
leases from the prime contractor or its affiliate:
BID FORMS
U
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
H. Any additional data to support a demonstration of good faith ef forts (use add’l sheets if necessary):
BID FORMS
V
BIDDER DBE INFORMATION
(Construction Contracts)
(Inclusive of all DBEs including the UDBEs listed at bid proposal)
NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS
FORM
AGENCY:___City of San Luis Obispo_______ PROJECT NO:___91445_________
PROJECT DESCRIPTION: CDBG Curb Ramps 2016
TOTAL CONTRACT AMOUNT: $______________ BID DATE:_________________
BIDDER'S NAME:_____________________________________________
CONTRACT
ITEM NO.
ITEM OF WORK AND DESCRIPTION
OR SERVICES TO BE
SUBCONTRACTED OR MATERIALS
TO BE PROVIDED
Cert. No. of DBE
AND EXPIRATION
DATE
NAME OF DBEs
(Must be certified on the date bids
are opened - include DBE address
and phone number)
DOLLAR AMOUNT
DBE
Total Claimed DBE
Participation
$_______
_______%
Resident Engineer/Construction Manager:
certifies that all information is complete and accurate.
_____________________________
Print name of RE/CM:
_____________________________
Signature RE/CM
____________________________
Date
_____________________________
(Area Code) Tel. No.
Bidder:
certifies that all information is
_complete and accurate:
_____________________________
Signature of Bidder
_____________________________
Date
____________________________
(Area Code) Tel. No.
_____________________________
Person to Contact (Type or Print)
BID FORMS
W
INSTRUCTIONS - BIDDER- DBE INFORMATION
(CONSTRUCTION CONTRACTS)
SUCCESSFUL BIDDER:
The form requires specific information regarding the construction contract: Agency, Location, Project
Description, Project Number, Total Contract Amount, Bid Date, Bidder’s Name.
The form has a column for the Contract Item Number (or Item No’s) and Item of Work and Description
or Services to be subcontracted or Materials to be provided by DBEs. The DBE should provide a
certification number to the Contractor and expiration date. The DBE contractors should notify the
Contractor in writing with the date of the decertification if their status should change during the course of
the contract. The form has a column for the Names of DBE certified contractors to perform the work
(must be certified on the date bids are opened and include DBE address and phone number). Enter DBE
prime and subcontractors certification number. Prime contractors shall indicate all work to be performed
by DBEs including work performed by its own forces if a DBE.
IMPORTANT: Identify all DBE firms participating in the project--including all UDBEs listed on the
UDBE Commitment form regardless of tier. Names of the First Tier DBE Subcontractors and their
respective item(s) of work listed should be consistent, where applicable, with the names and items of
work in the "List of Subcontractors" submitted with your bid.
There is a column for the total DBE dollar amount. Enter the Total Claimed DBE Participation dollars
and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If
100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be
performed or furnished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the
Contract Documents to determine how to count the participation of DBE firms.
This form must be signed and dated by the successful bidder. Also list a phone number in the space
provided and print the name of the person to contact.
This form must be submitted to the City along with the executed contract and bonds.
BID FORMS
X
DISCLOSURE OF LOBBYING ACTIVITIES
Does not Apply. Contract/Subcontract is $100,000 or less
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
1. Type of Federal Action:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status of Federal Action:
a. bid/offer/application
b. initial award
c. post-award
3. Report Type:
a. initial
b. material change
For Material Change Only:
year _____ quarter ________
date of last report _________
4. Name and Address of Reporting Entity:
Prime Subawardee
Tier ______, if known
Congressional District, if known :
5. If Reporting Entity in No. 4 is Subawardee, enter name and
address of prime:
Congressional District, if known :
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ___________________
8. Federal Action Number, if known: 9. Award Amount, if known:
$
10a. Name and Address of Lobbying Entity
(if individual, last name, first name, MI):
b. Individuals Performing Services (including address if different
from No. 10a)
(last name, first name, MI)
attach continuation sheets if necessary
11. Amount of Payment (check all that apply):
$ actual planned
13. Type of Payment (check all that apply):
___ a. retainer
___ b. one-time fee
12. Form of Payment (check all that apply):
___ a. cash
___ b. in -kind; specify: nature ___________________
value ____________________
___ c. commission
___ d. contingent fee
___ e. deferred
___ f. other, specify ________________
14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or
member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)
15. Continuation Sheet(s) attached Yes No
16. Information requested through this form is authorized by
Title 31 U.S.C. Section 1352. This disclosure of lobbying
activities is a material representation of fact upon which
reliance was placed by the tier above when this transaction
was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be reported
to the Congress semi-annually and will be available for public
inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less than
$10,000 an not more than $100,000 for each such failure.
Signature: ____________________________________________________
Print Name: ___________________________________________________
Title: _________________________________________________________
Telephone No. ____________________________ Date: ______________
Federal Use Only
Authorized for Local Reproduction
Standard Form - LLL
Standard Form LLL Rev. 01-03-95
BID FORMS
Y
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal
recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant
to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make
payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress an officer or employee of Congress or an employee of a Member of Congress in
connection with a covered Federal action. Attach a continuation sheet for additional information if the space
on the form is inadequate. Complete all items that apply for both the initial filing and material change report.
Refer to the implementing guidance published by the Office of Management and Budget for additional
information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence, the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classif ication 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 ent ity 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 expect s 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 commitmen t. 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 Prop osal (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. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different from 10
(a). Enter Last Name, First Name and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4)
to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made
(planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of
payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind
contribution, specify the nat ure and value of the in -kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be
expected to perform an d 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 Congre ss that were contacted.
15. Check whether or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including
time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding the burden estimate or any other
BID FORMS
Z
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. 06-04-90
BID FORMS
AA
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BID FORMS
BB
Form CP-CEM 2402(F) (Rev. 08/04)
FINAL REPORT – UTILIZATION OF DISADVANTAGED BUSINESS
ENTERPRISES (DBE), FIRST-TIER SUBCONTRACTORS (FEDERALLY FUNDED PROJECTS)
The form requires specific information regarding the construction project: Contract Number, C ounty,
Route, Post Miles, a box to check that the project is indeed a Federal Aid Project, the Administering
Agency, the Contract Completion Date and the Estimated Contract Amount. It requires the Prime
Contractor’s name and Business Address. The focus of the form is to describe who did what by contract
item numbers and descriptions, asking for specific dollar values of item work completed broken down by
subcontractors who performed the work, both DBE and non-DBE work forces. DBE prime contractors
are required to show the date of work performed by their own forces along with the corresponding dollar
value of work.
The form has a column to enter the Contract Item No (or Item No's) and Description of work performed
or Materials provided, as well as a column for the Subcontractor’s Name and Business Address. For firms
who are DBE, there is a column to enter their DBE Certification No. The DBE should provide their
Certification Number to the Contractor and notify the Contractor in writing with the date of the
decertification if their status should change during the course of the project.
The form has five columns for the dollar value to be entered for the item work performed by the
subcontractor.
The Non-DBE Column is used to enter the dollar value of work performed for firms who are not certified
DBE.
The decision of which column to be used for entering the DBE dollar value is based on what Program(s)
the firm is Certified. This Program status is determined by the Civil Rights Certification Unit based on
ethnicity, gender, ownership and control issues at time of certification. The certified firm is issued a
certificate by the Civil Rights Unit that states their program status as well as the firms Expiration Date.
DBE Program status may be obtained by accessing the Civil Rights website (www.dot.ca.gov/hq/bep/)
and downloading the Calcert Extract or by calling (916) 227 2207. Based on this DBE Program status,
the following table depicts which column to be used:
DBE Program Status Column to be used
If program status shows DBE only with no
other programs listed
DBE
If program status shows DBE, SMBE DBE Minority
If program status shows DBE, SMBE, SWBE DBE (Minority Women)
If program status shows DBE, SWBE DBE (Non-Minority Women)
If a contractor performing work as a DBE on the project becomes decertified, and still performs work
after their decertification date, enter the total dollar value performed by this contractor on Form 2402(F)
under the appropriate DBE Program Status (include all work performed after decertification) and
complete and submit Form CEM-2403(F) as appropriate. Any comments to be made on the Form 2402(F)
are to be explained on the reverse side of the Form. Indicate in the Comment section th at Form CEM
2403(F) is being submitted.
If a contractor performing work as a Non-DBE on the project becomes certified as a DBE enter the dollar
value of all work performed as a DBE on CEM-2402(F) and CEM-2403(F). Any comments to be made
on the Form 2402(F) are to be explained on the reverse side of the Form. Indicate in the Comment
section that Form CEM 2403(F) is being submitted.
There is a space provided on the CEM-2402(F) where the TOTAL is entered for these five columns.
BID FORMS
CC
There is a column on the CEM-2402(F) to enter the Date Work Complete as well as a column to enter the
Date of Final Payment, which is an indicator of when the Prime Contractor made the "final payment" to
the subcontractor for the portion of work listed as being completed.
The Original DBE Commitment area on the CEM-2402(F) is based on information at Award time of the
project and is the total dollar value of those subcontractors listed at Award based on the above table.
The CEM-2402(F) has an area at the bottom where the Contractor and the Resident Engineer sign and
date that the information provided is complete and correct.
SPECIAL PROVISIONS
1
ORGANIZATION
Special provisions are under headings that correspond with the main section heading of the Standard
Specifications. Each special provision begins with a revision clause that describes or introduces a
revision to the Standard Specifications. Any paragraph added or deleted by a revision clause does not
change the paragraph number of the Standard Specifications for any other reference to a paragraph of
the Standard Specifications.
DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to Section 1-1.01 General
The work must be done in compliance with the City of San Luis Obispo, Department of Public Works :
CDBG Curb Ramps 2016, Spec. No. 91445 Special Provisions
City of San Luis Obispo Standard Specifications and Engineering Standards – 2014 edition
State of California, Department of Transportation Standard Specifications and Standard Plans – 2010
edition
In case of conflict between documents, governing ranking must comply with section 5 -1.02 of the City of
San Luis Obispo’s Standard Specifications.
Failure to comply with the provisions of these sections is a material breach of contract:
Sections 6 through 8 of the Standard Specifications
Section 12 through 15 of the Standard Specifications
Section 77-1 of the Standard Specifications
Section 81 of the Standard Specifications
authorized working hours
OSHA compliance
2 BIDDING
Add to Section 2-1.12A DBE
The Contractor is directed to the provisions in Appendix B of these contract documents titled:
“REQUIREMENTS FOR FEDERALLY ASSISTED CONSTRUCTION PROJECTS”. These provisions
apply to all work performed under this contract. The Contractor is required to physically insert these same
provisions into each subcontract and subsequent lower-tier subcontract. They may not be incorporated by
reference. Failure to comply with this requirement represents grounds for contract termination and
debarment.
Bidders are advised that, as required by Federal law, the City of San Luis Obispo has implemented a
Disadvantaged Business Enterprise (DBE) goal. Refer to the Federal requirements section of the
contract documents for requirements. The DBE contract goal for this project has been set at 25.0%.
Replace Section 2-1.33A with:
Furnish bid using blank forms provided in the Special Provisions. Bid must include all forms and must be
signed by the bidder.
4 SCOPE OF WORK
Add to Section 4-1.03 Work Description
Comply with the provisions of Section 73, 77, 81, 84, for general, material, construction, and payment
specifics.
SPECIAL PROVISIONS
2
5 CONTROL OF WORK
Add to Section 5-1.01 Control of Work General
Adjustments to working hours may be imposed due to public traffic impacts in compliance with section 7 -
1.03B.
Add to Section 5-1.13A Sub-Contracting General
Your representative must be on site when any subcontract or is performing contract work. Contract work
will not be allowed to continue until your representative is on site.
Add to Section 5-1.36A General
Repair to damage must comply with the associated sections of the specifications, standards, and plans.
Add to Section 5-1.36D Nonhighway Facilities
Existing third party (non City-owned) utilities are shown on project plans for information purposes only. It
is your responsibility to contact “Underground Service Alert USA” and have site marked prior to start of
excavation or sawcutting. The City of San Luis Obispo is not responsible for any:
damages
costs
delay
expenses
resulting from a third party underground facility operator’s failure to comply with stipulations as set forth in
4216.7.(c) of California Government Code.
Add to Section 5-1.43A Potential Claims and Dispute Resolution General
Potential claim forms are located on the City’s website:
www.slocity.org/government/department-directory/public-works/documents-online/construction-
documents
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to Section 7-1.02K(1) General
The project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
Add to Section 7-1.03B Traffic Control Plan
Work hours are restricted to 8:30 a.m. to 3 p.m. on Patricia Drive during school days. Contractor must
contact Bishop’s Peak Elementary School at (805) 596-4030 for school schedule information.
Provide traffic control plan and traffic control application at or before the preconstruction meeting. Traffic
control plan must be drawn to scale. Traffic control application may be obtained on the City’s website:
www.slocity.org/government/department-directory/public-works/documents-online/construction-
documents
Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit. Permittee is
responsible to comply with all conditions of the traffic control plan. Complete work using due diligence in
order to restore free flowing of traffic.
Replace Section 7-1.06 with:
Replace Section 7-1.06 with:
7-1.06A General
Procure and maintain for the duration of the contract, insurance against claims for:
SPECIAL PROVISIONS
3
injuries to persons
damages to property
which may arise from or in connection with the performance of the work by your:
agents
representatives
employees
subcontractor
Provide:
Commercial General Liability Insurance
Commercial General Liability Insurance Endorsement
Automotive Liability Insurance
Automotive Liability Insurance Endorsement
Workers’ Compensation Insurance
The Contractor agrees to defend, indemnify and hold harmless the City from and against any and all fines
or mitigation measures imposed on the City arising out of the Contractor's actual or alleged violation of
any local, state or federal regulation, as well as all attorney fees, costs and expenses of any kind which
directly or indirectly arise out of or are in any way associated with enforcing this indemnity provision
against the Contractor.
7-1.06B Minimum Scope of Insurance
Coverage must be at least as broad as:
Insurance Services Office Commercial General Liability coverage:
CG 20 10 Prior to 1993
CG 20 10 07 04 with CG 20 37 10 01
Insurance Services Office form number CA 0001 (January 1987 Edition) covering Automobile Liability,
code 1 (any auto).
Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
7-1.06C Minimum Limits of Insurance
Maintain insurance limits no less than:
General Liability:
$1,000,000 per occurrence for bodily injury, personal injury and property damage.
If Commercial General Liability or other form with a general aggregate limit is used, either the
general aggregate limit must apply separately to this project/location
the general aggregate limit must be twice the required occurrence lim it.
Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.
Employer's Liability:
$1,000,000 per accident for bodily injury or disease.
7-1.06D Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of
the City, either:
the insurer must reduce or eliminate the deductibles
procure a bond guaranteeing payment of:
losses and related investigations
claim administration and defense expenses.
7-1.06E Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the
following provisions:
The City, its officers, officials, employees, agents and volunteers are to be covered as insured s as
respects:
SPECIAL PROVISIONS
4
liability arising out of activities performed by or on behalf of you
your products and completed operations
premises owned, occupied or used by you
automobiles owned, leased, hired or borrowed by you
The coverage must not contain special limitations on the scope of protection afforded to the City and its:
officers
officials
employees
agents
volunteers
For any claims related to this project, your insurance coverage will be the primary insurance for the City
and its:
officers
officials
employees
agents
volunteers.
Any insurance or self-insurance maintained by the City is in excess to your insurance and will not
contribute to it.
Any failure to comply with reporting or other provisions of the policies including breaches of warranties
must not affect coverage provided to the City and its
officers
officials
employees
agents
volunteers
Your insurance must apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
Each insurance policy required must be endorsed to state that coverage will not be:
Suspended
Voided
canceled by either party
reduced in coverage or in limits
except after thirty days prior written notice provided by certified mail with return receipt requested has
been given to the City.
Coverage may not extend to any indemnity coverage for the active negligence of the additional insured in
any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b)
of section 2782 of the Civil Code.
7-1.06F Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
7-1.06G Verification of Coverage
Furnish the City with a certificate of insurance showing required insurance coverage. Original
endorsements effecting general liability and automobile liability coverage must be provided. The
endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All
endorsements are to be received and approved by the City before work commences.
7-1.06H Subcontractors
Include all subcontractors as insured under its policies or provide separate certifica tes and endorsements
for each subcontractor. All insurance coverage for subcontractors are subject to same requirements as
the prime contractor.
SPECIAL PROVISIONS
5
8 PROSECUTION AND PROGRESS
Section 8-1.02A Schedule
Provide a Level 1 schedule for this work.
Add to Section 8-1.03 Pre-Construction Conference
All listed subcontractors performing contract work must attend the preconstruction meeting.
At a minimum, provide the following submittals at the preconstruction meeting:
emergency contact list
representative at the site of work authorized to sign extra work tickets
representative authorized to sign change orders
Caltrans equipment rental rates for equipment used to complete work
work schedule
traffic control application
traffic control plans
water pollution control plan
location of construction yard
location of disposal site
evidence construction yard is correctly permitted if construction yard is not your business address
evidence disposal yard is correctly permitted.
door hanger for notification of adjacent properties
Add to 8-1.04B (for accelerated start)
Contract time will start on the first Monday after preconstruction meeting.
9 PAYMENT
Add to Section 9-1.23 City Billing
After given the opportunity, you fail to complete any of the following:
maintain the project site,
complete project work,
any other cause which requires City staff to complete work at the project site
you must reimburse the City in compliance with section 9-1.23.
DIVISION II GENERAL CONSTRUCTION
13 WATER POLLUTION CONTROL
Add to 2nd paragraph in Section 13-1.01A
A minor WPCP plan form may be obtained on the City’s website:
www.slocity.org/government/department-directory/public-works/documents-online/construction-
documents
14 ENVIRONMENTAL STEWARDSHIP
15 EXISTING FACILITIES
DIVISION III GRADING
Replace Section 19-1.03B with:
Notify the Engineer prior to removal of unsuitable material. Excavate unsuitable material. Ensure that
unsuitable material is separated from other suitable construction materials or removed from the work
area.
SPECIAL PROVISIONS
6
Removal of unsuitable material including rock, within contract work area and limits and for which there is
no separate pay item, is paid for in other items on the Bid Item List. Removal of unsuitable material
outside contract work area and limits, as directed by the Engineer, will be paid by force account.
DIVISION V SURFACING AND PAVEMENTS
39 HOT MIX ASPHALT
Add to Section 39-3.04
Asphalt concrete “paveouts” must be completed within the 1st week after installation of each curb ramp.
Excavated areas must be “cold-mixed” in the interim.
DIVISION VIII MISCELLANEOUS CONSTRUCTION
Add to Section 73-1.03 Construction
You must meet with the Engineer for an average of 1.5 hours total per ramp to complete the following
coordination tasks:
Before saw-cutting to agree on the limits of dem olition and removal.
After formwork is set, to verify that grades meet those stated on the Plans.
Upon completion of new curb ramp installation to verify finished grades .
You must give the City a 24-hour notice for inspection of formwork before pouring the concrete.
You must calibrate all levels used in construction at the beginning of each work day.
You must ensure that new ramp flowlines do not create any "ponding" areas.
You cannot saw-cut and demolish more than 2 corners at any given intersection in order to allow
pedestrian travel.
Curb ramp spandrel design may vary from Engineering Standards, as directed by the Engineer, in order
to accommodate ramp landing.
You are responsible for storing existing signs and boxes for reuse.
Add to Section 73-1.04 Payment
As shown on the bid item list, each new curb ramp will be paid in lump sum. The lump sum price paid for
each curb ramp includes all of the work involved in installing the new curb ramps. The lump sum price
includes all work shown on the Plans, as specified in the Standard Specifications and these Special
Provisions. It also includes work for:
public notices
traffic control
layout
elevation control
tree protection
protection of existing utilities
saw-cutting
demolition
removal and disposal of demolished material
formwork
curb marking
asphalt concrete “paveouts”, including final HMA and temporary cold mix
relocation of signs
furnishing and installation of new signs, post and sleeves
furnishing and installation of new pull boxes
SPECIAL PROVISIONS
7
reinstalling existing pull boxes
landscape replacement, if applicable
repair of existing irrigation systems, if damaged
cleanup
Bid Items #13 – “Sidewalk”, #14 – Curb and Gutter, #15 - Decorative Concrete and #16 – 6” Pavement
Removal and Replacement are additional items intended to be used to conform planned work to existing
field conditions on a unit price basis. #13 - Sidewalk will be measured and paid by the square foot, #14 -
Curb and Gutter will measured and paid by the lineal foot, #15 – Decorative Concrete will be measured
and paid by the square foot and #16 – 6” pavement Removal and Replacement will be measured and
paid by the square foot. Section 9 -1.06 is waived for these items and you are advised that items may be
increased, decreased or deleted in their entirety without any additional compensation beyond the bid unit
price.
Add to Section 77-1.01
Protection and restoration of survey monuments and bench marks must comply with Section 5 -1.26 and
5-1.36.
.
APPENDICES
8
APPENDIX A - FORM OF AGREEMENT
THIS AGREEMENT, made on this ______ day of ___________, 20__, by and between the City of San Luis
Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the
Owner) and COMPANY NAME (hereinafter called the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall
provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and
transportation services required to complete all the work of construction of
NAME OF PROJECT, SPEC NO.
in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by
the Owner, in strict compliance with the Contract Documents hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work
performed and completed under the direction and supervision and subject to the approval of the Owner or its
authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful
performance of this Contract, subject to any additions or deductions as provided in the Contract Documents,
the contract prices as follows:
Item
No.
Item Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
BID TOTAL: $ .00
Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in
the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work which the
Contractor may be required to do, or respecting the size of any payment to the Contractor, during the
performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and
conclusive.
ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following
documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto
attached:
Notice to Bidders, Bid Forms, and information for bidders.
Standard Specifications, Engineering Standards, Special Provisions, and any Addenda.
Caltrans Standard Specifications and Plans 2010
Accepted Bid.
Plans.
Bid Item List for CDBG Curb Ramps 2016
APPENDICES
9
List of Subcontractors.
Public Contract Code Sections 10285.1 Statement.
Public Contract Code Section 10162 Questionnaire.
Public Contract Code Section 10232 Statement.
Labor Code Section 1725.5 Statements.
Non-collusion Declaration.
Bidder Acknowledgements.
Qualifications.
Attach Bidders Bond to Accompany Bid.
A Bidder’s List of Subcontractors (DBE and Non-DBE).
Equal Employment Opportunity Certification.
Debarment and Suspension Certification.
Non-lobbying Certification for Federal-Aid Contracts.
Labor Standards and Prevailing Wage Requirements Contractor’s Certification.
Labor Standards and Prevailing Wage Requirements Subcontractor’s Certification.
DBE Bidder Commitment.
DEB Information - Good Faith Efforts.
Bidder DBE Information.
Disclosure of Lobbying Activities.
Final Report Utilization of Disadvantaged Businesses.
Agreement and Bonds.
Insurance Requirements and Forms.
Appendix B – Requirements for Federally Assisted Construction Projects funded with Community
Development Block Grants.
ARTICLE IV INDEMNIFICATION: Hold Harmless and Indemnification. The Contractor agrees to defend,
indemnify, protect and hold the City and its agents, officers and employees harmless from and against any
and all claims asserted or liability established for damages or injuries to any person or property, including
injury to the Contractor's employees, agents or officers that arise from or are connected with or are caused
or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in
performing the work or services herein, and all expenses of investigating and defending against same;
provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or
liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or
employees. In the event of conflict with any other indemnification or hold harmless provisions of this
Agreement, the provision that provides the most protection to the City shall apply.
ARTICLE V. It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control
and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date
first above written.
CITY OF SAN LUIS OBISPO
A Municipal Corporation
__________________________________
Katie Lichtig, City Manager
APPENDICES
10
APPROVED AS TO FORM
CONTRACTOR:
Name of Company
________________________________
By:________________________________
J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
Rev. 12-28-09
APPENDICES
11
APPENDIX B - REQUIREMENTS FOR FEDERALLY ASSISTED CONSTRUCTION PROJECTS
FUNDED WITH COMMUNITY DEVELOPMENT BLOCK GRANTS
TABLE OF CONTENTS
A. FEDERAL CONTRACT REQUIREMENTS AND PROVISIONS (HUD-CDBG)
General
Federal Laws and Regulations
Prompt Progress Payment to Subcontractors
Prompt Payment of Funds Withheld from Subcontractors
Restrictions on Lobbying (Certificate required over $100,000)
Debarment and Suspension (Certificate required over $25,000)
Disadvantaged Business Enterprises (DBE)
7.1 General Requirements
7.2 DBE Commitment Submittal
7.3 Good Faith Effort Submittal
7.4 Execution of Contract and Submission of DBE Information.
7.5 Subcontractor and DBE Records
7.6 DBE Certification Status
7.7 Performance of Subcontractors
Conflict of Interest
Interest of Members of, or Delegates to, Congress
Required Federal Contract Provisions
General
Breach of Contract
Termination
a) Termination of Convenience
b) Termination for Default
Non-discrimination/Equal Employment Opportunity-(Contracts/Subcontracts over $10,000)
Equal Opportunity Clause
Notice of Requirement for Affirmative Action to Ensure Equal Opportunity
Standard Federal EEO Construction Contract Specifications
Segregated Facilities
Federal Labor Standards Provisions (Construction Contracts Over $2,000) (Copeland, Davis
Bacon, Contract Work Hours and Safety Standards)
10.5.1 Classifications and wages
10.5.2 Contract Work Hours and Safety Standards Act
10.5.3 Record Retention
Compliance with Section 3 of the Housing and Urban Development Act of 1968
Access to Records
Record Retention
Conservation
Environmental Protection
B. FEDERAL WAGE DETERMINATIONS
Federal Wage Determinations for Construction Contracts Subject to Davis Bacon
APPENDICES
12
A. FEDERAL CONTRACT REQUIREMENTS AND PROVISIONS (HUD)
General. The Contractor understands that this project is financed partially or in whole by U.S.
Department of Housing and Urban Development (HUD) Community Development Block Grant
(CDBG) Program funds and is subject to all of the applicable terms and conditions of the grant and
regulations and requirements of the Department. The aforementioned program requires that this
contract and subsequent subcontracts contain the provisions and clauses set forth in this section.
These provisions shall apply to all work performed under this contract. The Contractor is
required to physically insert these same provisions into each subcontract and subsequent lower-
tier subcontract. They may not be incorporated by reference. Failure to comply with this
requirement represents grounds for contract termination and debarment.
Federal Laws and Regulations. The Contractor understands that all Federal laws, regulations,
policies and administrative practices applicable to this project may be modified from time to time,
The Contractor agrees that the most recent of such Federal requirements will govern the
administration of this contract, The Contractor agrees to include in all subcontracts associated with
this project specific notice that Federal requirements may change and the changed requirements
will apply to the project.
Prompt Progress Payment to Subcontractors. A prime contractor or subcontractor shall pay any
subcontractor not later than 10 days of receipt of each progress payment in accordance with the
provision in Section 7108.5 of the California Business and Professions Code concerning prompt
payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing.
Any delay or postponement of payment over 30 days may take place only for good cause and with
the agency’s prior written approval. Any violation of Section 7108.5 shall subject the violating
contractor or subcontractor to the penalties, sanction and other remedies of that section. 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 prime contractor, deficient subcontract performance, or
noncompliance by a subcontractor. This provision applies to both DBE and non-DBE
subcontractors.
Prompt Payment of Funds Withheld to Subcontractors. Retention will not be withheld by the
City from progress payments due the prime contractor. Withholding of retention by the prime
contractor or subcontractors is prohibited and no retention will be held by the prime contractor
from progress due subcontractors. Any violation of this provision shall subject the violating prime
contractor or subcontractor to the penalties, sanctions and other remedies specified in Section
7108.5 of the California Business and Professions Code. This requirement 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 or deficient subcontract performance, or noncompliance by a
subcontractor. This provision applies to both DBE and non-DBE prime contractors and
subcontractors.
Federal Restrictions on Lobbying. Reference: DOT's 49 CFR 20 or HUD's 24 CFR 87.
(Applicable to federally funded contracts and all related subcontracts which exceed $100,000)
Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the
recipient or any lower tier subrecipient of a Federally assisted contract to pay for any person for
APPENDICES
13
influencing or attempting to influence a Federal agency or Congress in connection with the
awarding of any Federally assisted contract, the making of any Federal grant or loan, or the
entering into of any cooperative agreement.
If any funds other than Federal funds have been paid, or will be paid, to any person for influencing
or attempting to influence a Federal agency or Congress in connection with the awarding of any
Federally assisted contract, the making of any Federal grant or loan, or the entering into of any
cooperative agreement, the potential contractor shall complete and submit an executed certification
("Certification of Restrictions on Lobbying") and, if required, submit a completed disclosure form
("Disclosure of Lobbying Activities", standard form - LLL) as part of the bid documents.
Certificate and disclosure form with instructions are included in this Proposal.
The above-referenced certification and disclosure of lobbying activities shall be included in each
subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not
certifications, shall be forwarded from tier to tier until received by the Engineer.
The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end
of each calendar quarter in which there occurs any event that requires disclosure or that materially
affects the accuracy of the information contained in any disclosure form previously filed by the
Contractor, subcontractors and any lower-tier contractors. An event that materially affects the
accuracy of the information reported includes:
A cumulative increase of $25,000 or more in the amount paid or expected to be paid for
influencing or attempting to influence a covered Federal action; or
A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal
action; or,
A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to
influence a covered federal action.
Debarment and Suspension. Reference: DOT's 49 CFR 29 ; HUD's 24 CFR 24. Unless
otherwise permitted by law, any person that is debarred, suspended, or voluntarily excluded by any
Federal department or agency may not take part in any federally assisted project during the period
of debarment, suspension, or voluntary exclusion. Accordingly, any grantee or recipient of federal
funds may not enter into any transaction with such debarred, suspended, or voluntarily excluded
persons during such period.
Contacts/Subcontracts over $25,000. Each potential contractor is required to sign and submit
the certification form found in this proposal. The Contractor agrees to obtain similar certifications
on debarment and suspension for its subcontracts which exceed $25,000.
Contracts/Subcontracts under $25,000. In general, lower level employees or subcontracts
and/or procurements of less than $25,000 will not be covered by the certification procedures except
in the case of procurements with individuals that would have a critical influence on, or substantive
control over the project; nevertheless, a participant is not authorized to involve a lower level
employee or enter into a contract of less than $25,000 with a person actually known by the
participant to be debarred, suspended or voluntarily excluded.
Continuing duty to Disclose. Each contractor and subcontractor shall provide immediate written
notice if, at any time, it learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
APPENDICES
14
Disadvantaged Business Enterprise (DBE). This project is a federally assisted project funded
through the Department of Housing and Urban Development (HUD). HUD requires that minority
firms, women’s business enterprises and labor surplus areas firms are used when possible on all
contracts funded partially or in whole by HUD funds. To facilitate this requirement, the City
encourages the utilization of Disadvantaged Business Enterprises (DBEs) and firms as defined in
49 CFR 26 in the performance of all federally-assisted contracts financed in whole or in part with
federal funds. The Contractor, or subcontractor, shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of subcontracts. The Regulations in their
entirety are incorporated herein by this reference.
General Requirements. Bidders shall be fully informed in respect to the requirements of the
DBE Regulations. The DBE Regulations in their entirety are incorporated herein by this reference.
Attention is directed to the following matters:
Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the
contract (49 CFR 26).
To ensure there is equal participation of the DBE groups specified in 49 CFR 26.5, the City
specifies a goal for DBEs. A DBE firm is a member of one of the following groups:
1. Black Americans
2. Native Americans
3. Asian-Pacific Americans
4. Women
5. Hispacin Americans
6. Subcontinent Asian Americans
7. Any individual or groups who are socially and economically disadvantage
Make work available to DBEs and select work parts consistent with available DBE
subcontractors and suppliers.
Meet the DBE goal shown in the Notice to Bidders or demonstrate that you made adequate
“good faith efforts” to meet this goal.
It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening.
For a list of DBEs certified by the California Unified Certification Program, go to:
http://www.dot.ca.gov/hq/bep/find_certified.htm
Only DBE participation will count towards the DBE goal. DBE participation will count towards
the Agency's Annual Anticipated DBE Participation Level and the California statewide goal.
Credit for materials or supplies you purchase from DBEs counts towards the goal in the
following manner:
1. 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
2. 60 percent counts if the materials or supplies are obtained from a DBE regular dealer.
APPENDICES
15
3. 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."
You receive credit towards the goal if you employ a DBE trucking company that performs a
commercially useful function as defined in 49 CFR 26.55.
DBE Commitment Submittal. Submit DBE information on the “BIDDER-DBE
COMMITMENT,” form found in the Sample Documents section of the Contract Documents. If
the form is not submitted with the bid, remove the form from the proposal before submitting
your bid.
If the DBE Commitment form is not submitted with the bid, the apparent low bidder, the
2nd low bidder, and the 3rd low bidder must complete and submit the DBE Commitment
form to the City. DBE Commitment form must be received by the City no later than 4:00
p.m. on the 4th business day after bid opening.
Other bidders do not need to submit the DBE Commitment form unless the City requests it. If
the City requests you to submit a DBE Commitment form, submit the completed form within 4
business days of the request.
Submit written confirmation from each DBE stating that it is participating in the contract.
Include confirmation with the DBE Commitment form. A copy of a DBE's quote will serve as
written confirmation that the DBE is participating in the contract.
If you do not submit the DBE Commitment form within the specified time, the City finds your
bid nonresponsive.
Good Faith Efforts Submittal. If you have not met the DBE goal, complete and submit the
“DBE INFORMATION - GOOD FAITH EFFORTS,” form found in the Contract Documents
with the bid showing that you made adequate good faith efforts to meet the goal. Only good
faith efforts directed towards obtaining participation by DBEs will be considered. If good faith
efforts documentation is not submitted with the bid, it must be received by the City no later than
4:00 p.m. on the 4th business day after bid opening.
If your DBE Commitment form shows that you have met the DBE goal or if you are required to
submit the DBE Commitment form, you must also submit good faith efforts documentation
within the specified time to protect your eligibility for award of the contract in the even t the City
finds that the DBE goal has not been met.
Good faith efforts documentation must include the following information and supporting
documents, as necessary:
1. Items of work you have made available to DBE firms. Identify those items of work you
might otherwise perform with its own forces and those items that have been broken down into
economically feasible units to facilitate DBE participation. For each item listed, show the dollar
value and percentage of the total contract. It is your responsibi lity to demonstrate that sufficient
work to meet the goal was made available to DBE firms.
2. Names of certified DBEs and dates on which they were solicited to bid on the project.
Include the items of work offered. Describe the methods used for following up initial
solicitations to determine with certainty if the DBEs were interested, and the dates of the follow -
up. Attach supporting documents such as copies of letters, memos, facsimiles sent, telephone
APPENDICES
16
logs, telephone billing statements, and other evidence of solicitation. You are reminded to solicit
certified DBEs through all reasonable and available means and provide sufficient time to allow
DBEs to respond.
3. Name of selected firm and its status as a DBE for each item of work made available.
Include name, address, and telephone number of each DBE that provided a quote and their price
quote. If the firm selected for the item is not a DBE, provide the reasons for the selection.
4. Name and date of each publication in which you requested DBE participation for the
project. Attach copies of the published advertisements.
5. Names of agencies and dates on which they were contacted to provide assistance in
contacting, recruiting, and using DBE firms. If the agencies were contacted in writing, provide
copies of supporting documents.
6. List of efforts made to provide interested DBEs with adequate information about the
plans, specifications, and requirements of the contract to assist them in responding to a
solicitation. If you have provided information, id entify the name of the DBE assisted, the nature
of the information provided, and date of contact. Provide copies of supporting documents, as
appropriate.
7. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit,
insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that
the DBE subcontractor purchases or leases from the prime contractor or its affiliate. If such
assistance is provided by you, identify the name of the DBE assisted, nature o f the assistance
offered, and date. Provide copies of supporting documents, as appropriate.
8. Any additional data to support demonstration of good faith efforts.
Execution of Contract and Submission of Bidder DBE Information. A "BIDDER - DBE
INFORMATION" form is included in the contract documents to be executed by the successful
bidder. The purpose of the form is to collect data required under 49 CFR 26. Even if no DBE
participation will be reported, the successful bidder must execute and return the form.
The successful bidder's "BIDDER - DBE INFORMATION" form should include the names,
addresses and phone numbers of DBE firms that will participate, with a complete description of
work or supplies to be provided by each, and the dollar value of each DBE transaction. When
100 percent of a contract item of work is not to be performed or furnished by a DBE, a
description of the exact portion of that work to be performed or furnished by that DBE should be
included in the DBE information, including the planned location of that work. A successful
bidder certified as a DBE should describe the work it has committed to performing with its own
forces as well as any other work that it has committed to be performed by DBE subcontractors,
suppliers and trucking companies.
The successful bidder is encouraged to provide written confirmation from each DBE that the
DBE is participating in the contract. A copy of a DBE's quote will serve as written confirmation
that the DBE is participating in the contract. If a DBE is participating as a joint venture partner,
the successful bidder is encouraged to submit a copy of the joint venture agreement.
The "BIDDER - DBE INFORMATION" form shall be completed and returned to the City by the
successful bidder with the executed contract and contract bonds.
Subcontractor and DBE Records. The Contractor shall maintain records showing the name and
business address of each first-tier subcontractor. The records shall also show the name and
business address of every DBE subcontractor, DBE vendor of materials and DBE trucking
APPENDICES
17
company, regardless of tier. The records shall show the date of payment and the total dollar
figure paid to all of these firms. DBE prime contractors shall also show the date of work
performed by their own forces along with the corresponding dollar value of the work.
Upon completion of the contract, a summary of these records shall be prepared on "Final Report -
Utilization of Disadvantaged Business Enterprises (DBE), First Tier Subcontractors" Form
CEM-2402(F) and certified correct by the Contractor or the Contractor's authorized
representative, and shall be furnished to the Engineer. The form shall be furnished to the
Engineer within 90 days from the date of contract acceptance. The amount of $10,000 will be
withheld from payment until a satisfactory form is submitted.
Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer
showing the amount paid to DBE trucking companies. The Contractor shall also obtain and
submit documentation to the Engineer showing the amount paid by DBE trucking companies to
all firms, including owner-operators, for the leasing of trucks. If the DBE leases trucks from a
non-DBE, the Contactor may count only the fee or commission the DBE receives as a result of
the lease arrangement.
The Contractor shall also obtain and submit documentation to the Engineer showing the truck
number, owner's name, California Highway Patrol CA number, and if applicable, the DBE
certification number of the owner of the truck for all trucks used during that month. This
documentation shall be submitted on "Monthly DBE Trucking Verification" Form CEM-
2404(F).
DBE Certification Status. If a DBE subcontractor is decertified during the life of the project,
the decertified subcontractor shall notify the Contractor in writing with the date of
decertification. If a subcontractor becomes a certified DBE during the life of the project, the
subcontractor shall notify the Contractor in writing with the date of certification. The Contractor
shall furnish the written documentation to the Engineer.
Upon completion of the contract, "Disadvantaged Business Enterprises (DBE) Certification
Status Change" Form CEM-2403(F) indicating the DBEs' existing certification status shall be
signed and certified correct by the Contractor. The certified form shall be furnished to the
Engineer within 90 days from the date of contract acceptance.
Performance of Subcontractors. The subcontractors listed by the contractor in the bid proposal
shall include therein the name and address of each subcontractor to whom the bidder proposes to
subcontract portions of the work in an amount in excess of one-half of one percent of the total
bid in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with
Section 4100 of the Public Contract Code. The bidder’s attention is invited to other provisions
of the Act related to the imposition of penalties for a failure to observe its provisions by using
unauthorized subcontractors or by making unauthorized substitutions.
DBEs must perform work or supply materials as listed in the “BIDDER - DBE
COMMITMENT” form specified in Section 7.2 above. Do not terminate a DBE listed
subcontractor for convenience and perform the work with your own forces or obtain materials
from other sources without prior written authorization from the City.
The City grants authorization to use other forces or sources of materials for requests that show
any of the following justifications:
APPENDICES
18
1. Listed DBE fails or refuses to execute a written contract based on plans and
specifications for the project.
2. You stipulate a bond is a condition of executing the subcontract and the listed DBE fails
to meet your bond requirements.
3. Work requires a contractor’s license and listed DBE does not have a valid license under
Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials.
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE delays or disrupts the progress of the work.
7. Listed DBE becomes bankrupt or insolvent.
If a listed DBE subcontractor is terminated, you must make good faith efforts to find another
DBE subcontractor to substitute for the original DBE. The substitute DBE must perform at least
the same amount of work as the original DBE under the contract to the extent needed to meet the
DBE goal.
The substitute DBE must be certified as a DBE at the time of request for substitution.
The City does not pay for work or material unless it is performed or supplied by the listed DBE,
unless the DBE is terminated in accordance with this section.
Conflict of Interest. No employee, officer, or agent of the City shall participate in selection or in
the award or administration of a contract if a conflict of interest, real or apparent, would be
involved. Such a conflict would arise when the employee, officer or agent, any member of his
immediate family, an organization which employs, or is about to employ, has a financial or other
interest in the firm selected for award.
The City's officers, employees, or agents shall neither solicit nor accept gratuities, favors or
anything of monetary value from contractors, potential contractors, or parties of sub agreements.
Interest of Members of, or Delegates to, Congress. In accordance with U.S.C. Section 431, no
member of, or delegates to, the Congress of the United States shall be admitted to a share or part of
this contract or to any benefit rising there from.
Required Federal Contract Provisions.
General. These Federal contract provisions shall apply to all work performed on the contract by
the contractor's own organization and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the contract by piecework, station work,
or by subcontract.
Except as otherwise provided for in each section, the contractor shall insert in each subcontract
all of the stipulations contained in these Required Federal Contract Provisions, and further
require their inclusion in any lower tier subcontract or purchase order that may in turn be made.
The Required Federal contract Provisions shall not be incorporated by reference in any case.
The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with these Required Federal Contract Provisions.
Breach of Contract. A breach of any of the stipulations contained in these required Federal
Contract Provisions shall be sufficient grounds for termination of the contract. A breach of the
following clauses of these required contract provision may also be grounds for debarment as
provided in 29 CFR 5.12:
APPENDICES
19
Section 8.1, 2nd paragraph
Section 8.5
Disputes arising out of the Labor Standards Provisions , Section 8.5, of these Required Federal
Contract Provisions shall not be subject the general disputes clause of this contract. Such disputes
shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set
forth in 29 CFR 5,6 and 7. Disputes within the meaning of this clause include disputes between
the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the
contractor's employees or their representatives.
Termination.
Termination of Convenience: The City of San Luis Obispo may terminate this contract, in whole
or in part, at any time by written notice to the Contractor. The Contractor shall be paid its costs,
including contract close-out costs, and profit on work performed up to the time of termination. The
Contractor shall promptly submit its termination claim to be paid by Contractor. If the Contractor
has any property in its possession belonging to the City of San Luis Obispo, the Contractor will
account for the same, and dispose of it in the manner the City of San Luis Obispo directs.
Termination for Default: If the Contractor does not deliver supplies in accordance with the
contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the
manner called for in the contract or if the Contractor fails to comply with any other provisions of
the contract, the City of San Luis Obispo may terminate this contract for default. Termination shall
be effected by service a notice of termination on the Contractor setting forth the manner in which
the Contractor is in default. The Contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner of performance set
forth in the contract.
If it is later determined by the City of San Luis Obispo that the Contractor had an excusable
reason for not performing, such as a strike, fire, or flood, events which are not the fault of, or are
beyond the control of the Contractor, the City of San Luis Obispo, after setting up a new delivery
or performance schedule, may allow the Contractor to continue work, or treat the termination as
a termination for convenience.
Non-Discrimination/Equal Employment Opportunity.
Equal Opportunity Clause. Applies to construction contracts and related subcontracts over
$10,000.
"During the performance of this contract, the contractor agrees as follows:
The contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment without regard to
their race, color, sex, or national origin, such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
APPENDICES
20
The contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the contractor, state that all qualified applicants will receive considerations for employment
without regard to race, color, religion, sex, or national origin.
The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
The contractor will include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The contractor will take such action with respect to any subcontract
or purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency the contractor may request the United States to enter into
such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted construction
work: Provided, that if the applicant so participating is a State or local government, the above
equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal
APPENDICES
21
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it
will furnish the administering agency and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will otherwise assist the administering
agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred
from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and
penalties for violation of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D
of the Executive order. In addition, the applicant agrees that it if fails or refuses to comply with
these undertakings, the administering agency may take any or all of the following actions: Cancel,
terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain
from extending any further assistance to the applicant under the program with respect to which the
failure or refund occurred until satisfactory assurance of future compliance has been received from
such applicant; and refer the case to the Department of Justice for appropriate legal proceedings."
Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal
opportunity clause in each of its nonexempt subcontracts.
Notice of Requirement for Affirmative Action to Ensure Equal Opportunity (Executive
Order 11246). Reference 41 CFR 60-4.2. The following notice applies to all construction
contracts or subcontracts in excess of $10,000 and shall be made part of all solicitations for offers
and bids on all federally assisted construction contracts.
"NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
OPPORTUNITY (EXECUTIVE ORDER 11246)
1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal
Equal Employment Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms
for the Contractor's aggregate work force in each trade on all construction work in the covered
area, are as follows:
Goals for minority
participation
for each trade
Goals for female
participation
in each trade
24.6 6.9
These goals are applicable to all the Contractor's construction work (whether or not it is Federal or
federally assisted) performed in the covered area. If the contractor performs construction work in a
geographical area located outside of the covered area, it shall apply the goals established for such
geographical area where the work is actually performed. With regard to this second area, the
contractor also is subject to the goals for both its federally involved and non-federally involved
construction.
APPENDICES
22
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4
shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action
obligations required by the specifications set forth in 41 CFR 60-5.4(a), and its efforts to meet the
goals. The hours of minority and female employment and training must be substantially uniform
throughout the length of the contract, and in each trade, and the contractor shall make a good faith
effort to employ minorities and women evenly on each of its projects. The transfer of minority or
female employees or trainees from Contractor to Contractor or from project to project for the sole
purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order
and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the
total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal
Contract Compliance Programs within 10 working days of award of any construction subcontract
in excess of $10,000 at any tier for construction work under the contract resulting from this
solicitation. The notification shall list the name, address and telephone number of the
subcontractor; employee identification number of the subcontractor; estimated dollar amount of the
subcontract; estimated starting and completion dates of the subcontract; and the geographical area
in which the subcontract is to be performed.
4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is
San Luis Obispo County, State of California.
[43 FR 49254, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978, as amended at 45 FR 65977, Oct. 3,
1980] "
Standard Federal Equal Employment Opportunity Construction Contract Specifications.
Reference 41 CFR 60-4.3. The following specification applies to all construction contracts or
subcontracts in excess of $10,000 and shall be made part of all federally assisted construction
contracts:
"STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION
CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)
As used in these specifications:
"Covered area" means the geographical area described in the solicitation from which this contract
resulted;
"Director" means Director, Office of Federal Contract Compliance Programs, United States
Department of Labor, or any person to whom the Director delegates authority.
"Employer identification number" means the Federal Social Security number used on the
Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
"Minority" includes:
Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other
Spanish Culture or origin, regardless of race);
Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
American Indian or Alaskan Native (all persons having origins in any of the original peoples of
North America and maintaining identifiable tribal affiliations through membership and
APPENDICES
23
participation or community identification).
Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of
$10,000 the provisions of these specifications and the Notice which contains the applicable goal s
for minority and female participation and which is set forth in the solicitations from which this
contract resulted.
If the Contractor is participating (Pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the
U.S. Department of Labor in the covered area either individually or through an association, its
affirmative action obligations on all work in the Plan area (including goals and timetables) shall be
in accordance with that Plan for those trades which have unions participating in the Plan.
Contractors must be able to demonstrate their participation in and compliance with the provisions
of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan
is individually required to comply with its obligations under the EEO clause, and to make a good
faith effort to achieve each goal under the Plan in each trade in which it has employees. The
overall good faith performance by other Contractors or Subcontractors toward a goal in an
approved Plan does not excuse any covered Contractor or Subcontractor's failure to take good faith
efforts to achieve the Plan goals and timetables.
The Contractor shall implement the specific affirmative action standards provided in paragraphs
7(a) through (p) of these specifications. The goals set forth in the solicitation from which this
contract resulted are expressed as percentages of the total hours of employment and training of
minority and female utilization the Contractor should reasonably be able to achieve in each
construction trade in which it has employees in the covered area. Covered Construction
contractors performing construction work in geographical areas where they do not have a Federal
or federally assisted construction contract shall apply the minority and female goals established for
the geographical area where the work is being performed. Goals are published periodically in the
Federal Register in notice form, and such notices may be obtained from any Office of Federal
Contract Compliance Programs office or from Federal procurement contracting officers. The
Contractor is expected to make substantially uniform progress in meeting its goals in each craft
during the period specified.
Neither the provisions of any collective bargaining agreement, nor the failure by a union with
whom the Contractor has a collective bargaining agreement, to refer either minorities or women
shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the
regulations promulgated pursuant thereto.
In order for the nonworking training hours of apprentices and trainees to be counted in meeting the
goals, such apprentices and trainees must be employed by the Contractor during the training
period, and the Contractor must have made a commitment to employ the apprentices and trainees
at the completion of their training, subject to the availability of employment opportunities.
Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.
The Contractor shall take specific affirmative actions to ensure equal employment opportunity.
The evaluation of the Contractor's compliance with these specifications shall be based upon its
APPENDICES
24
effort to achieve maximum results from its actions. The Contractor shall document these efforts
fully, and shall implement affirmative action steps at least as extensive as the following:
Ensure and maintain a working environment free of harassment, intimidation, and coercion at all
sites, and in all facilities at which the Contractor's employees are assigned to work. The contractor,
where possible, will assign two or more women to each construction project. The Contractor shall
specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are
aware of and carry out the Contractor's obligation to maintain such a working environment, with
specific attention to minority or female individuals working at such sites or in such facilities.
Establish and maintain a current list of minority and female recruitment sources, provide written
notification to minority and female recruitment sources and to community organizations when the
Contractor or its unions have employment opportunities available, and maintain a record of the
organizations' responses.
Maintain a current file of the names, addresses and telephone numbers of each minority and female
off-the-street applicant and minority or female referral from a union, a recruitment source or
community organization and of what action was taken with respect to each such individual. if such
individual was sent to the union hiring hall for referral and was not referred back to the Contractor
by the union or, if referred, not employed by the Contractor, this shall be documented in the file
with the reason therefore, along with whatever additional actions the Contractor may have taken.
Provide immediate written notification to the Director when the union or unions with which the
Contractor has a collective bargaining agreement has not referred to the Contractor a minority
person or woman sent by the Contractor, or when the Contractor has other information that the
union referral process has impeded the Contractor's efforts to meet its obligations.
Develop on-the-job training opportunities and/or participate in training programs for the area
which expressly include minorities and women, including upgrading programs and apprenticeship
and trainee programs relevant to the Contractor's employment needs, especially those programs
funded or approved by the Department of Labor. The Contractor shall provide notice of these
programs to the sources compiled under the above.
Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the Contractor in meeting its EEO
obligations; by including it in any policy manual and collective bargaining agreement; by
publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with
all management personnel and with all minority and female employees at least once a year; and by
posting the company EEO policy on bulletin boards accessible to all employees at each location
where construction work is performed.
Review, at least annually, the company's EEO policy and affirmative action obligations under these
specifications with all employees having any responsibility for hiring, assignment, layoff,
termination or other employment decisions including specific review of these items with on site
supervisory personnel such as Superintendents, General Foremen, etc. prior to the initiation of
construction work at any job site. A written record shall be made and maintained identifying the
time and place of these meetings, persons attending, subject matter discussed, and disposition of
the subject matter.
Disseminate the Contractor's EEO policy externally by including it in any advertising in the news
media, specifically including minority and female news media, and providing written notification
to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with
whom the Contractor does or anticipates doing business.
Direct its recruitment effort, both oral and written, to minority, female and community
APPENDICES
25
organizations, to schools with minority and female students and to minority and female recruitment
and training organizations serving the Contractor's recruitment area and employment needs. Not
later than one month prior to the date for the acceptance of applications for apprenticeship or other
training by any recruitment source, the Contractor shall send written notification to organizations
such as the above, describing the openings, screening procedures, and tests to be used in the
selection process.
Encourage present minority and female employees to recruit other minority persons and women
and, where reasonable, provide after school, summer and vacation employment to minority and
female youth both on the site and in other areas of a Contractor's work force.
Validate all tests and other selection requirements where there is an obligation to do so under 41
CFR Part 60-3.
Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel for promotional opportunities and encourage these employees to seek or to prepare for,
through appropriate training, etc. such opportunities.
Ensure that seniority practices, job classifications, work assignments and other personnel practices,
do not have a discriminatory effect by continually monitoring all personnel and employment
related activities to ensure that the EEO policy and the Contractor's obligations under these
specifications are being carried out.
Ensure that all facilities and company activities are nonsegregated except that separate or single-
user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
Document and maintain a record of all solicitations of offers for subcontracts from minority and
female construction contractors and suppliers, including circulation of solicitations to minority and
female contractor associations and other business associations.
Conduct a review, at least annually, of all supervisors' adherence to and performance under the
Contractor's EEO policies and affirmative action obligations.
Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or
more of their affirmative action obligations (7a through p). The efforts of a contractor association,
joint contractor-union, contractor-community, or other similar group of which the contractor is a
member and participant, may be asserted as fulfilling any one or more of its obligations under 7a
through p of these Specifications provided that the contractor actively participates in the group,
makes every effort to assure that the group has a positive impact on the employment of minorities
and women in the industry, ensures that the concrete benefits of the program are reflected in the
Contractor's minority and female workforce participation, makes a good faith effort to meet its
individual goals and timetables, and can provide access to documentation which demonstrates the
effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is
the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the
Contractor's noncompliance.
A single goal for minorities and a separate single goal for women have been established. The
Contractor, however, is required to provide equal employment opportunity and to take affirmative
action for all minority groups, both male and female, and all women, both minority and non-
minority. Consequently, the Contractor may be in violation of the Executive Order if a particular
group is employed in a substantially disparate manner (for example, even though the Contractor
has achieved its goals for women generally, the Contractor may be in violation of the Executive
Order if a specific minority group of women is underutilized).
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26
The Contractor shall not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex, or national origin.
The Contractor shall not enter into any Subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
The Contractor shall carry out such sanctions and penalties for violation of these specifications and
of the Equal Opportunity Clause, including suspension, termination and cancellation of existing
subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and
its implementing regulations, by the Office of Federal Contract Compliance Programs. Any
contractor who fails to carry out such sanctions and penalties shall be in violation of these
specifications and Executive Order 11246, as amended.
The Contractor, in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these
specifications, so as to achieve maximum results from its efforts to ensure equal employment
opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the
implementing regulations, or these specifications, the Director shall proceed in accordance with 41
CFR 60-4.8.
The Contractor shall designate a responsible official to monitor all employment related activity to
ensure that the company EEO policy is being carried out, to submit reports relating to the
provisions hereof as may be required by the Government and to keep records. Records shall at
least include for each employee the name, address, telephone numbers, construction trade, union
affiliation if any, employee identification number when assigned, social security number, race, sex,
status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours
worked per week in the indicated trade, rate of pay, and locations at which the work was
performed. Records shall be maintained in an easily understandable and retrievable form;
however, to the degree that existing records satisfy this requirement, contractors shall not be
required to maintain separate records.
Nothing herein provided shall be construed as a limitation upon the application of other laws which
establish different standards of compliance or upon the application of requirements for the hiring of
local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the
Community Development Block Grant Program)."
Segregated Facilities. (Construction contracts/subcontracts of $10,000 or more) In order to
comply with the obligations under the equal opportunity clause, a prime contractor or sub-
contractor must insure that facilities provide for employees are provided in such manner that
segregation on the basis of race, color, religion or national origin cannot result. This obligation
extends to all contacts containing the equal opportunity clause regardless of the amount of the
contract. The potential contractor shall certify as follows:
a. By submission of this bid, the execution of this contract or subcontract, or the
consummation of this material supply agreement or purchase order, as appropriate, the bidder,
construction contractor, subcontractor, material supplier, or vender, as appropriate, certifies that the
firm does not maintain or provide for its employees any segregated facilities at any of its
APPENDICES
27
establishments, and that the firm does not permit its employees to perform their services at any
location, under its control, where segregated facilities are maintained, The firm agrees that a breach
of this certification is a violation of the EEO provisions of this contract, The firm further certifies
that no employee will be denied access to adequate facilities on the basis of sex or disability.
b. As used in this certification, the term “segregated facilities” means any waiting rooms,
work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker
rooms, and other storage of dressing areas, a parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are
segregated on the basis of race, color, religion, national origin, age or disability, because of habit,
local custom, or otherwise. The only exception will be for the disabled when the demands for
accessibility override (e.g. disabled parking).
c. The Contractor agrees that it has obtained or will obtain identical certification form proposed
subcontractors or material suppliers prior to award of subcontracts or consummation of material supply
agreements of $10,000 or more and that it will retain such certifications in its files.
Federal Labor Standards Provisions. (Construction Contracts over $2,000)
All federally assisted construction contracts in excess of $2,000 shall be subject to the Copeland
Anti-Kickback Act, the Davis-Bacon Act and the Contract Work Hours and Safety Standards Act
and all implementation regulations issued pursuant to said Acts.
Classifications and wages. The following clauses shall apply to this contract and shall be
incorporated into any subcontract in excess of $2,000.
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work (or under the United
States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development
of the project), will be paid unconditionally and not less often than once a week, and without
subsequent deduction or rebate on any account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland Act [29 CFR part 3]), the full
amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the wage determination of the Secretary of Labor
found in section titled, "Federal Wage Determination," and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also,
regular contributions made or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to
be constructively made or incurred during such weekly period. Such laborers and mechanics shall
be paid the appropriate wage rate and fringe benefits on the wage determination of the
classification of work actually performed, without regard to skill, except as provided in '5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be compensated at the
APPENDICES
28
rate specified for each classification for the time actually worked therein: Provided, that the
employer's payroll records accurately set forth the time spent in each classification in which work
is performed. The wage determination (including any additional classification and wage rates
conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall
be posted at all times by the contractor and its subcontractors at the site of the work in a prominent
and accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The contracting officer
shall approve an additional classification and wage rate and fringe benefits therefore only when the
following criteria have been met:
(1) Except with respect to helpers as defined in 29 CFR 5.2(n)94), the work to be performed by the
classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship
to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area
in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the action
taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor, Washington DC 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the contracting
officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of receipt
and advise the contracting officer or will notify the contracting officer within the 30-day period
that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(ii) (B) or (C) of this section, shall 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.
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29
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall
either pay the benefit as stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the
Secretary of Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or
program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not
listed in the wage determination and which is to be employed under the contract shall be classified
in conformance with the wage determination. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefore only when the following criteria have
been met:
The work to be performed by the classification requested is not performed by a classification in the
wage determination; and
The classification is utilized in the area by the construction industry; and
The proposed wage rate, including any bond fide fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the action
taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division,
Employment Standards Administration, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the contracting
officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination with 30 days of receipt
and so advise the contracting officer or will notify the contracting officer within the 30-day period
that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
APPENDICES
30
(a)(1)(v) (B) or (C) of this section, shall 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) Withholding. The City of San Luis Obispo shall upon its own action or upon written request of
an authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is
held by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers,
employed by the contractor or any subcontractor the full amount of wages required by the contract.
In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the work (or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the project), all or part of the
wages required by the contract, the City of San Luis Obispo may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have
ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the
course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States Housing Act of 1937, or
under the Housing Act of 1949, in the construction or development of the project). Such records
shall contain the name, address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs anticipated for
bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of
the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the
wages of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act,
the contractor shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or program has
been communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the registration
of apprenticeship programs and certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed
a copy of all payrolls to the City of San Luis Obispo if the agency is a party to the contract, but if
the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or
owner, as the case may be, for transmission to the City of San Luis Obispo. The payrolls
submitted shall set out accurately and completely all of the information required to be maintained
under 29CFR 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form
APPENDICES
31
WH-347 is available for this purpose and may be purchased from the Superintendent of
Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office,
Washington, DC 20402. The prime contractor is responsible for the submission of copies of
payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
That the payroll for the payroll period contains the information required to be maintained under
Section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and
complete.
That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate,
either directly or indirectly, and that no deductions have been made either directly or indirectly
from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR
part 3;
That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor
to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the
United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of
this section available for inspection, copying, or transcription by authorized representatives of the
City of San Luis Obispo or the Department of Labor, and shall permit such representatives to
interview employees during working hours on the job. If the contractor or subcontractor fails to
submit the required records or to make them available, the Federal agency may, after written notice
to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit
the required records upon request or to make such records available may be grounds for debarment
action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually registered in a bona
fide apprenticeship program registered with the U.S. Department of Labor, Employment and
APPENDICES
32
Training Administration, Bureau of Apprenticeship and Training. or with a State Apprenticeship
Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of Apprenticeship
and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in
any craft classification shall not be greater than the ratio permitted to the contractor as to the entire
work force under the registered program. Any worker listed on a payroll at an apprentice wage
rate, who is not registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in excess of the ratio permitted under
the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor is performing construction on a
project in a locality other than that in which its program is registered, the ratios and wage rages
(expressed in percentages of the journeyman's hourly rate) specified in the contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at not less
than the rate specified in the registered program for the apprentice's level of progress, expressed as
a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid
the full amount of fringe benefits listed on the wage determination for the applicable classification.
If the Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the Bureau
of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau,
withdraws approval of an apprenticeship program, the contractor will no longer be permitted to
utilize apprentices at less than the applicable pre-determined rate for the work performed until an
acceptable program is approved.
(ii) Trainees. Except as provided in CFR 5.16, trainees will not be permitted to work at less than
the pre-determined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the trainee's level of progress, expressed as a
percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall be
paid not less than the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable wage rate on the
APPENDICES
33
wage determination for the work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under
this part shall be in conformity with the equal employment opportunity requirements of Executive
Order 11246, as amended and 29 CFR part 30.
(5) Compliance with Copeland Act Requirements. The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (1) and such other clauses as the City of San Luis Obispo
may by appropriate instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29
CFR 5.5.
(7) Contract Termination: Debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations
of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated
by reference in this contract.
(9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes clause of this contract. Such disputes
shall be resolved in accordance with the procedures of the Department of Labor set forth in 29
CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor,
or the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any
person or firm who has an interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or
29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001.
APPENDICES
34
Contract Work Hours and Safety Standards Act. The following clauses shall apply to this
contract and shall be incorporated into any subcontract in excess of $2,000. The following clauses
set forth in paragraphs (b)(1) (2), (3), and (4) of this section shall be inserted in full in any contract
subject to the overtime provisions of the 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 '4.6 of part 4. As
used in this paragraph, the terms laborers and mechanics include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall
be liable to the United States (in the case of work done under contract for the District of Columbia
or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this
section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek or forty hours without payment of the
overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The City of San Luis Obispo shall
upon its own action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work performed
by the contractor or subcontractor under any such contract or any other Federal contract with the
same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours
and Safety Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this
section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (b)(1) through 4) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth i paragraphs
(b)(1) through (4) of this section.
Record Retention. The contractor or subcontractor shall maintain payrolls and basic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,
working on the contract. Such records shall contain the name and address of each such employee,
social security number, correct classifications, hourly rates of wages paid, daily and weekly
APPENDICES
35
number of hours worked, deductions made and actual wages paid. Further the Agency Head shall
cause or require the contracting officer to insert in any such contract a clause providing that the
records to be maintained under this paragraph shall be made available by the contractor or
subcontractor for inspection, copying, or transcription by authorized representatives of the City of
San Luis Obispo and the Department of Labor, and the contractor or subcontractor will permit such
representatives to interview employees during working hours on the job.
Compliance with Sec 3 of the Housing and Urban development Act of 1968. Reference
HUD's 24 CFR 135) Applies to all HUD assisted contracts and related subcontracts.
Section 3 requirements apply to all HUD funded project that receive $200,000 or more in HUD
funding, all primary contractors who receive $200,000 or more in HUD funding, and all
subcontractors who receive $100,000 or more in HUD funding. The work to be performed under
this contract is subject to the requirements of section 3 of the Housing and Urban Development
Act of 1968, as amended, 12 U.S.C. 1701u (section 3) – (see Title 24 - Code of Federal
Regulations – Part 135, 24 CFR 135). The purpose of section 3 is to ensure that employment and
other economic opportunities generated by HUD assistance or HUD-assisted projects covered by
section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
The parties to this contract agree to comply with HUD’s regulations in 24 CFR part 135, which
implement section 3. As evidenced by their execution of this contract, the parties to this contract certify
that they are under no contractual or other impediment that would prevent them from complying with the
part 135 regulations.
The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective bargaining agreement or other understanding, if any, a notice advising the
labor organization or workers’ representative of the contractor’s commitments under this section 3 clause,
and will post copies of the notice in conspicuous places at the work site where both employees and
applicants for training and employment positions can see the notice. The notice shall describe the section
3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship
and training positions, the qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
The contractor agrees to include this section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in
violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any
subcontractor where the contractor has notice or knowledge that the subcontractor has been found in
violation of the regulations in 24 CFR part 135.
The contractor will certify that any vacant employment positions, including training positions, that are
filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,
were not filled to circumvent the contractor’s obligations under 24 CFR part 135.
Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
Access to Records. The contractor and subcontractors shall allow access by authorized City and
Federal Agency personnel, the comptroller of the United States or any of their duly authorized
representatives to any books, documents, papers and records which are directly pertinent to this
specific contract for the purpose of making audit, examination, excerpts, and transcripts.
APPENDICES
36
Record Retention. The Contractor and subcontractors shall be required to retain all records for a
period of three (3) years following final payment and closeout of the project.
Conservation. Contractor shall recognize mandatory standards and policies relating to energy
efficiency which are contained in the State energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (42 USC Section 6321 et seq).
Environmental Protection. (Applies to all contracts and subcontracts in excess of $100,000) By
submission of this bid or the execution of this contract, the contractor agrees as follows:
That any facility that is or will be utilized in the performance of this contract, unless such contract
is exempt under the Clean Air Act, as amended (41 USC 1857 et seq., as amended by Pub.L. 91-
604, and under the Federal Water Pollution Control Act, as amended (33 USC 1251 et seq., as
amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof
(40 CFR 15) is not listed,, on the date of contract award, on the U.S. Environmental Protection
Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20.
That the firm agrees to comply and remain in compliance with all the requirements of Section 114
of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
That the firm shall promptly notify the City of the receipt of any communication form the EPA
indicating that a facility that is or will be utilized for the contract is under consideration to be listed
on the EPA List of Violating Facilities.
That the firm agrees to include or cause to be included the requirements of paragraphs 1 through 4
of this section in every nonexempt subcontract, and further agrees to take such action as the
government may direct as a means of enforcing such requirements.
APPENDICES
37
B. FEDERAL WAGE DETERMINATIONS
This is a federally assisted project and compliance with Davis-Bacon Act as supplemented by the
Department of Labor regulations will be enforced. If the State and Federal wage rates are applicable the
higher of the two will be used.
The Federal Labor Standards Provisions and the Federal Wage Determination are a part of the contract and
compliance will be enforced.
Any Subcontracts resulting from this original contract must contain the above language and shall
incorporate a copy of the Federal Labor Standards provisions and the Federal Wage Determinations.
Incorporation by reference is not acceptable.
This Section contains the Federal Wage Determinations which were current at the time the contract
documents were published and shall be used for the life of this project. However, the wage determinations
are subject to modifications in order to keep them current. If such modifications occur 10 days prior to bid
opening then the new determination will prevail for the life of the contract. The Contractor shall be
responsible to contact the City to determine if a new wage determination has been issued and to apply the
new determination to his bid.
Current federal wage rates for California counties can be found at the following website:
http://www.wdol.gov/wdol/scafiles/davisbacon/ca.html
Current federal wage rates for San Luis Obispo County (Building, Heavy and Highway construction) can be
found at the following website:
http://www.wdol.gov/wdol/scafiles/davisbacon/ca19.dvb
APPENDICES
38
General Decision Number: CA160019 04/01/2016 CA19
Superseded General Decision Number: CA20150019
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
County: San Luis Obispo County in California.
BUILDING, DREDGING (does not include hopper dredge work), HEAVY
(does not include water well drilling, AND HIGHWAY
CONSTRUCTION PROJECTS
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.15 for calendar year 2016 applies to all contracts
subject to the Davis-Bacon Act for which the solicitation was
issued on or after January 1, 2015. If this contract is covered
by the EO, the contractor must pay all workers in any
classification listed on this wage determination at least
$10.15 (or the applicable wage rate listed on this wage
determination, if it is higher) for all hours spent performing
on the contract in calendar year 2016. The EO minimum wage rate
will be adjusted annually. Additional information on contractor
requirements and worker protections under the EO is available
at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/08/2016
1 01/15/2016
2 02/26/2016
3 03/04/2016
4 04/01/2016
ASBE0005-002 07/01/2015
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 36.74 19.49
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 25.38 16.81
----------------------------------------------------------------
ASBE0005-004 06/29/2015
APPENDICES
39
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)....$ 18.06 10.57
----------------------------------------------------------------
BOIL0092-004 10/01/2012
Area within a 25 mile radius of City of Santa Maria
Rates Fringes
BOILERMAKER......................$ 41.17 28.27
----------------------------------------------------------------
BOIL0549-007 01/01/2013
Remainder of County outside a 25 mile radius of City of Santa
Maria
Rates Fringes
BOILERMAKER......................$ 38.37 31.32
----------------------------------------------------------------
* BRCA0004-006 05/01/2015
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 36.26 13.70
*The wage scale for prevailing wage projects performed in
Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine
Palms, Needles and 1-15 corridor (Barstow to the Nevada
State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate
----------------------------------------------------------------
BRCA0018-008 06/01/2014
Rates Fringes
MARBLE FINISHER..................$ 28.45 11.38
TILE FINISHER....................$ 23.78 9.84
----------------------------------------------------------------
BRCA0018-011 06/01/2014
Rates Fringes
TILE LAYER.......................$ 35.14 14.33
APPENDICES
40
----------------------------------------------------------------
* CARP0409-001 07/01/2015
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 39.83 11.58
(2) Millwright..............$ 40.90 11.58
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 40.53 11.58
(4) Pneumatic Nailer,
Power Stapler...............$ 37.60 11.58
(5) Sawfiler...............$ 37.44 11.58
(6) Scaffold Builder.......$ 28.55 11.58
(7) Table Power Saw
Operator....................$ 37.45 11.58
FOOTNOTE: Work of forming in the construction of open cut
sewers or storm drains, on operations in which horizontal
lagging is used in conjunction with steel H-Beams driven or
placed in pre- drilled holes, for that portion of a lagged
trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
----------------------------------------------------------------
* CARP0409-005 07/01/2015
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 40.40 15.03
STOCKER/SCRAPPER............$ 10.00 7.17
----------------------------------------------------------------
CARP0409-008 08/01/2010
Rates Fringes
Modular Furniture Installer......$ 17.00 7.41
----------------------------------------------------------------
ELEC0639-001 06/01/2015
Rates Fringes
Electricians
Wireman/Technician..........$ 39.30 18.66
FOOTNOTES:
APPENDICES
41
CABLE SPLICER: 10% additional per hour above
Wireman/Technician basic hourly rate.
Work from trusses, swinging scaffolds, open ladders,
scaffolds, bosun chairs, stacks or towers, where subject to
a direct fall from the ground floor or support structure
from a distance of fifty (50) feet to ninety (90) feet: to
be paid time and one-half. Work from trusses, swinging
scaffolds, open ladders, scaffolds, bosun chairs, stacks or
towers, where subject to a direct fall from the ground
floor or support structure from a distance over ninety (90)
feet: to be paid double the regular straight time rate of
pay. Where workers are required to work under compressed
air or in areas where injurious gases, dust or fumes are
present in amounts necessitating the use of gas masks or
self-contained breathing apparatus (particle masks are not
considered self-contained breathing apparatus) or where
workers work on poles at a distance of seventy-five (75)
feet or more from the ground: to be paid a bonus of
straight time pay. This shall be at a minimum of one hour,
and thereafter, each succeeding hour or fraction thereof
shall constitute an hour at the bonus rate. Tunnel work:
to be paid at the time and one-quarter hourly rate.
All employers may request workmen to report direct to a job
within a free zone to include everything west of ten (10)
miles east of Highway 101, as the crow flies, and then (10)
miles north and south of Highway 46, as the crow flies, to
the junction of Highway 41 and Highway 46. Everything
outside this area shall be paid at full subsistence provide
said job is of five (5) days duration or more and provide
there is storage on the job for the Employee's tools. The
Employer will be responsible for loss of tools under such
circumstances. (Road: The most direct route on a surfaced
road).
On all jobs or projects outside the free zone, as stated
above, Employees may be required to report to the job site
in their own transportation at the regular starting time
and remain on the job site until the regular quitting time
and these shall be paid at fifty dollars ($50.00) per day
or fifty-one cents ($0.51) per mile for each road mile from
shop to job and job to shop (round trip). (Day worked shall
mean at least four (4) hours on the job unless sent home on
account of weather, emergency, sickness, or injury).
The Employer shall pay for traveling time and furnish
transportation from shop to job, job to job, and job to
shop. Travel time shall be at the appropriate rate of pay
for that day of the week. (Monday through Friday, straight
time, Saturday and Sunday, double time.)
----------------------------------------------------------------
ELEC0639-003 12/01/2014
COMMUNICATIONS AND SYSTEMS WORK
APPENDICES
42
SAN LUIS OBISPO COUNTY
Rates Fringes
Communications System
Installer...................$ 29.92 12.27
Technician..................$ 30.89 11.66
SCOPE OF WORK: Installation, testing, service and maintenance
of systems utilizing the transmission and/or transference
of voice, sound, vision and digital for commercial,
educational, security and entertainment purposes for the
following: TV monitoring and surveillance, background -
foreground music, intercom and telephone interconnect,
microwave transmission, multi-media, multiplex, nurse call
systems, radio page, burglar alarms and fire alarm (see
last paragraph below).
Communication Systems that transmit or receive information
and/or control systems that are intrinsic to the above
listed systems; inclusion or exclusion of terminations and
testings of conductors determined by their function;
excluding all other data systems or multiple systems which
include control function or power supply; excluding
installation of raceway systems, conduit systems, line
voltage work, and energy management systems.
Fire alarm work shall be performed at the current inside
electrician total cost package.
----------------------------------------------------------------
ELEC1245-001 06/01/2015
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 52.85 15.53
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment)...........$ 42.21 14.32
(3) Groundman...............$ 32.28 14.03
(4) Powderman...............$ 47.19 14.60
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
----------------------------------------------------------------
ELEV0008-003 01/01/2015
Rates Fringes
APPENDICES
43
ELEVATOR MECHANIC................$ 60.39 28.38
FOOTNOTE:
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.
PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day,
Labor Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, and Christmas Day.
----------------------------------------------------------------
ENGI0012-003 07/06/2015
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 39.95 23.35
GROUP 2....................$ 40.73 23.35
GROUP 3....................$ 41.02 23.35
GROUP 4....................$ 42.51 23.35
GROUP 5....................$ 41.86 23.35
GROUP 6....................$ 41.83 23.35
GROUP 8....................$ 42.84 23.35
GROUP 9....................$ 42.19 23.35
GROUP 10....................$ 42.96 23.35
GROUP 11....................$ 42.31 23.35
GROUP 12....................$ 43.13 23.35
GROUP 13....................$ 43.23 23.35
GROUP 14....................$ 43.26 23.35
GROUP 15....................$ 43.34 23.35
GROUP 16....................$ 43.46 23.35
GROUP 17....................$ 43.63 23.35
GROUP 18....................$ 43.73 23.35
GROUP 19....................$ 43.84 23.35
GROUP 20....................$ 43.96 23.35
GROUP 21....................$ 44.13 23.35
GROUP 22....................$ 44.23 23.35
GROUP 23....................$ 44.34 23.35
GROUP 24....................$ 44.46 23.35
GROUP 25....................$ 44.63 23.35
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 41.30 23.35
GROUP 2....................$ 42.08 23.35
GROUP 3....................$ 42.37 23.35
GROUP 4....................$ 42.51 23.35
GROUP 5....................$ 42.73 23.35
GROUP 6....................$ 42.84 23.35
GROUP 7....................$ 42.96 23.35
GROUP 8....................$ 43.13 23.35
GROUP 9....................$ 43.30 23.35
GROUP 10....................$ 44.30 23.35
GROUP 11....................$ 45.30 23.35
GROUP 12....................$ 46.30 23.35
GROUP 13....................$ 47.30 23.35
APPENDICES
44
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 41.80 23.35
GROUP 2....................$ 42.58 23.35
GROUP 3....................$ 42.87 23.35
GROUP 4....................$ 43.01 23.35
GROUP 5....................$ 43.23 23.35
GROUP 6....................$ 43.34 23.35
GROUP 7....................$ 43.46 23.35
PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator
work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base,
Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics
Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material
environment: $2.00 per hour additional. Combination mixer
and compressor operator on gunite work shall be classified
as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch
Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant
operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank operator);
Concrete mixer operator-skip type; Conveyor operator;
Fireman; Forklift operator (includes loed, lull or similar
types over 5 tons; Hydrostatic pump operator; oiler crusher
(asphalt or concrete plant); Petromat laydown machine; PJU
side dum jack; Screening and conveyor machine operator (or
similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating
plant operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar
type (Skid steer); Equipment greaser (rack); Ford Ferguson
(with dragtype attachments); Helicopter radioman (ground);
Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or
similar type); Boring machine operator; Boxman or mixerman
(asphalt or concrete); Chip spreading machine operator;
Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine
operator, small auger types (Texoma super economatic or
similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease
APPENDICES
45
truck); Guard rail post driver operator; Highline cableway
signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo
form setter operator; Power sweeper operator; Rock Wheel
Saw/Trencher; Roller operator (compacting); Screed operator
(asphalt or concrete); Trenching machine operator (up to 6
ft.); Vacuum or much truck
GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete
joint machine operator (canal and similar type); Concrete
planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types
- Watson 1000 auger or similar types - Texoma 330, 500 or
600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder
machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or
similar type; Machine tool operator; Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter(concrete or
asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted);
Road oil mixing machine operator; Roller operator (asphalt
or finish), rubber-tired earth moving equipment (single
engine, up to and including 25 yds. struck); Self-propelled
tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine,
up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1
drum); Ultra high pressure waterjet cutting tool system
operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing); Asphalt paving machine operator (Barber Greene
or similar type); Asphalt-rubber distribution operator;
Backhoe operator (up to and including 3/4 yd.), small ford,
Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite
work); Compactor operator (self-propelled); Concrete mixer
operator (paving); Crushing plant operator; Drill Doctor;
Drilling machine operator, Bucket or auger types (Calweld
150 bucket or similar types - Watson 1500, 2000 2500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum); Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and
APPENDICES
46
similar types); Mobark Chipper or similar; Ozzie padder or
similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type);
Pumpcrete gun operator; Rock Drill or similar types; Rotary
drill operator (excluding caisson type); Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. up to and including 50 cu.
yds. struck); Rubber-tired earth-moving equipment operator
(multiple engine up to and including 25 yds. struck);
Rubber-tired scraper operator (self-loading paddle wheel
type-John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy;
Skiploader operator (crawler and wheel type over 1-1/2 yds.
up to and including 6-1/2 yds.); Soil remediation plant
operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator
(any type larger than D-5 - 100 flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push tractor single
engine); Tractor operator (boom attachments), Traveling
pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner
attachment (over 6 ft depth capacity): Ultra high pressure
waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types
(Calweld 200 B bucket or similar types-Watson 3000 or 5000
auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer,
dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9
cat.); Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Pneumatic pipe ramming tool
and similar types; Prestressed wrapping machine operator;
Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving
equipment operator (multiple engine, Euclid, caterpillar
and similar over 25 yds. and up to 50 yds. struck), Tower
crane repairman; Tractor loader operator (crawler and wheel
type over 6-1/2 yds.); Woods mixer operator (and similar
Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder -
Certified.
GROUP 12: Auto grader operator; Automatic slip form operator;
Drilling machine operator, bucket or auger types (Calweld,
auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar
types - drilling depth of 175' maximum); Hoe ram or similar
with compressor; Mass excavator operator less tha 750 cu.
APPENDICES
47
yards; Mechanical finishing machine operator; Mobile form
traveler operator; Motor patrol operator (multi-engine);
Pipe mobile machine operator; Rubber-tired earth- moving
equipment operator (multiple engine, Euclid, Caterpillar
and similar type, over 50 cu. yds. struck); Rubber-tired
self- loading scraper operator (paddle-wheel-auger type
self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine,
up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator;
Remote- control earth-moving equipment operator (operating
a second piece of equipment: $1.00 per hour additional);
Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck); Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
over 50 yds. struck); Rubber-tired earth-moving equipment
operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck);
Tandem tractor operator (operating crawler type tractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types);
Rubber-tired earth-moving equipment operator, operating in
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds.and up to and including 50
cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and
similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
APPENDICES
48
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50
yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and
up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem
push-pull system (multiple engine, up to and including 25
yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes loed,
lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western
or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist
operator (Chicago boom and similar type); Lift mobile
APPENDICES
49
operator; Lift slab machine operator (Vagtborg and similar
types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar
type); Shovel, backhoe, dragline, clamshell operator (over
3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity); Shovel, backhoe, dragline,
clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc); Derrick barge operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator;
Hoist operator, stiff legs, Guy derrick or similar type
(over 25 tons up to and including 50 tons mrc); K-crane
operator; Polar crane operator; Self erecting tower crane
operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50
tons up to and including 100 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 50 tons up to
and including 100 tons mrc), Mobile tower crane operator
(over 50 tons, up to and including 100 tons M.R.C.); Tower
crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100
tons up to and including 200 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc); Mobile tower crane operator
(over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including
300 tons mrc); Derrick barge operator (over 200 tons up to
and including 300 tons mrc); Hoist operator, stiff legs,
Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge
operator (over 300 tons); Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type (over 300 tons);
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
APPENDICES
50
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck);
Slip form pump operator (power-driven hydraulic lifting
device for concrete forms); Tugger hoist operator (1 drum);
Tunnel locomotive operator (over 10 and up to and including
30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.);
Small Ford, Case or similar; Drill doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types);
Mucking machine operator (1/4 yd., rubber-tired, rail or
track type); Pneumatic concrete placing machine operator
(Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum);
Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the
portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as
defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection
of I-15 and the California State line at that point which is
the NW corner of Section 1, T17N,m R14E, San Bernardino
Meridian. Continue W in a straight line to that point which is
the SW corner of the northwest quarter of Section 6, T27S,
R42E, Mt. Diablo Meridian. Continue North to the intersection
with the Inyo County Boundary at that point which is the NE
corner of the western half of the northern quarter of Section
6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern
County, as that point which is the SE corner of Section 34,
T24S, R40E, MDM. Continue W along the Inyo and Kern County
boundary until the intersection with Tulare County, at that
point which is the SW corner of the SE quarter of Section 32,
T24S, R37E, MDM. Continue W along the Kern and Tulare County
boundary, until that point which is the NW corner of T25S,
R32E, MDM. Continue S following R32E lines to the NW corner of
T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E,
MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue
W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along
south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along
south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
APPENDICES
51
Continue S along west boundary of R1E, SMB to Riverside County
line at the SW corner of T1S, R1E, SBM. Continue E along south
boundary of T1s, SBM (Riverside County Line) to SW corner of
T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to
Imperial County line at the SW corner of T8S, R10E, SBM.
Continue W along Imperial and Riverside county line to NW
corner of T9S, R9E, SBM. Continue S along the boundary between
Imperial and San Diego Counties, along the west edge of R9E,
SBM to the south boundary of Imperial County/California state
line. Follow the California state line west to Arizona state
line, then north to Nevada state line, then continuing NW back
to start at the point which is the NW corner of Section 1,
T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO,
KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5
miles north of the community of Cholame, on the Monterey County
and San Luis Obispo County boundary at the NW corner of T25S,
R16E, Mt. Diablo Meridian. Continue south along the west side
of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW
corner of T30S, R17E, MDM. Continue S to SW corner of T31S,
R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San
Bernardino Meridian numbering area and becomes R30W. Follow
the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa
Barbara County and Ventura County boundary at that point whch
is the SW corner of Section 34.T9N, R24W, SBM, continue S along
the Ventura County line to that point which is the SW corner of
the SE quarter of Section 32, T7N, R24W, SBM. Continue E
along the south edge of T7N, SBM to the SE corner to T7N, R21W,
SBM. Continue N along East side of R21W, SBM to Ventura County
and Kern County boundary at the NE corner of T8N, R21W.
Continue W along the Ventura County and Kern County boundary to
the SE corner of T9N, R21W. Continue North along the East edge
of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue
West along the north edge of T12N, SBM to the SE corner of
T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM
and T32S MDM]. Continue North along the East side of R21E, MDM
to the Kings County and Kern County border at the NE corner of
T25S, R21E, MDM, continue West along the Kings County and Kern
County Boundary until the intersection of San Luis Obispo
County. Continue west along the Kings County and San Luis
Obispo County boundary until the intersection with Monterey
County. Continue West along the Monterey County and San Luis
Obispo County boundary to the beginning point at the NW corner
of T25S, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counties and the
Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the
California state line at the point which is the center of
APPENDICES
52
Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the NE corner of the
Western half of the NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County,
until the intersection with Kern County at the point which is
the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the
intersection with San Bernardino County at that point which is
the SE corner of section 34, T24S, R40E, MDM. Continue E along
the Inyo and San Bernardino County boundary until the point
which is the NE corner of the Western half of the NW quarter of
Section 6, T25S, R42E, MDM. Continue S to that point which is
the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada
state border at the point which is the NW corner of Section 1,
T17N, R14E, San Bernardino Meridian. Then continue NW along
the state line to the starting point, which is the center of
Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
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OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 49.50 23.60
(2) Dredge dozer............$ 43.53 23.60
(3) Deckmate................$ 43.42 23.60
(4) Winch operator (stern
winch on dredge)............$ 42.87 23.60
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 42.33 23.60
(6) Barge Mate..............$ 42.94 23.60
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IRON0377-002 01/01/2016
Rates Fringes
Ironworkers:
Fence Erector...............$ 27.58 20.64
Ornamental, Reinforcing
and Structural..............$ 34.00 29.20
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,
APPENDICES
53
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
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
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LABORER (TUNNEL)
GROUP 1.....................$ 37.04 16.78
GROUP 2.....................$ 37.36 16.78
GROUP 3.....................$ 38.82 16.78
GROUP 4.....................$ 38.51 16.78
LABORER
GROUP 1.....................$ 31.39 16.78
GROUP 2.....................$ 31.94 16.78
GROUP 3.....................$ 32.49 16.78
GROUP 4.....................$ 34.04 16.78
GROUP 5.....................$ 34.39 16.78
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete
screeding for rough strike-off; Concrete, water curing;
Demolition laborer, the cleaning of brick if performed by a
worker performing any other phase of demolition work, and
the cleaning of lumber; Fire watcher, limber, brush loader,
piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material
loader; Laborer, general or construction; Laborer, general
clean-up; Laborer, landscaping; Laborer, jetting; Laborer,
temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee
bolt holes; Dry packing of concrete; Railroad maintenance,
repair track person and road beds; Streetcar and railroad
construction track laborers; Rigging and signaling; Scaler;
Slip form raiser; Tar and mortar; Tool crib or tool house
laborer; Traffic control by any method; Window cleaner;
Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger
mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete,
the handling of the chute from readymix trucks, such as
walls, slabs, decks, floors, foundation, footings, curbs,
gutters and sidewalks; Concrete curer, impervious membrane
APPENDICES
54
and form oiler; Cutting torch operator (demolition); Fine
grader, highways and street paving, airport, runways and
similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod
steel and pans; Membrane vapor barrier installer; Power
broom sweeper (small); Riprap stonepaver, placing stone or
wet sacked concrete; Roto scraper and tiller; Sandblaster
(pot tender); Septic tank digger and installer(lead); Tank
scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower
GROUP 3: Buggymobile person; Concrete cutting torch; Concrete
pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or
longer; Dri-pak-it machine; Gas, oil and/or water pipeline
wrapper, 6-in. pipe and over, by any method, inside and
out; High scaler (including drilling of same); Hydro seeder
and similar type; Impact wrench multi-plate; Kettle person,
pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
("applying" means applying, dipping, brushing or handling
of such materials for pipe wrapping and waterproofing);
Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and
similar mechanical tools not separately classified herein;
Pipelayer's backup person, coating, grouting, making of
joints, sealing, caulking, diapering and including rubber
gasket joints, pointing and any and all other services;
Rock slinger; Rotary scarifier or multiple head concrete
chipping scarifier; Steel headerboard and guideline setter;
Tamper, Barko, Wacker and similar type; Trenching machine,
hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump
person, and asphalt spreader boxes (all types); Concrete
core cutter (walls, floors or ceilings), grinder or sander;
Concrete saw person, cutting walls or flat work, scoring
old or new concrete; Cribber, shorer, lagging, sheeting and
trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person;
Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer
performing all services in the laying and installation of
pipe from the point of receiving pipe in the ditch until
completion of operation, including any and all forms of
tubular material, whether pipe, metallic or non-metallic,
conduit and any other stationary type of tubular device
used for the conveying of any substance or element, whether
water, sewage, solid gas, air, or other product whatsoever
and without regard to the nature of material from which the
tubular material is fabricated; No-joint pipe and stripping
of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing
and blasting of all powder and explosives of whatever type,
APPENDICES
55
regardless of method used for such loading and placing;
Driller: All power drills, excluding jackhammer, whether
core, diamond, wagon, track, multiple unit, and any and all
other types of mechanical drills without regard to the form
of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and
switch person on tunnel work); Tunnel materials handling
person; Nipper; Pot tender, using mastic or other materials
(for example, but not by way of limitation, shotcrete,
etc.);
GROUP 2: Bull gang mucker, track person; Chucktender,
Cabletender; Concrete crew, including rodder and spreader;
Loading and unloading agitator cars; Vibrator person, jack
hammer, pneumatic tools (except driller)
GROUP 3: Blaster, driller, powder person; Chemical grout jet
person; Cherry picker person; Grout gun person; Grout mixer
person; Grout pump person; Jackleg miner; Jumbo person;
Kemper and other pneumatic concrete placer operator; Miner,
tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer
house); Primer person; Sandblaster; Shotcrete person; Steel
form raiser and setter; Timber person, retimber person,
wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work
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LABO0220-004 07/01/2014
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Brick Tender.....................$ 29.12 15.78
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LABO0300-005 01/01/2016
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Asbestos Removal Laborer.........$ 30.43 16.07
SCOPE OF WORK: Includes site mobilization, initial site
cleanup, site preparation, removal of asbestos-containing
material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste
by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of
decontamination stations.
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LABO0345-001 07/01/2014
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APPENDICES
56
LABORER (GUNITE)
GROUP 1.....................$ 34.79 17.92
GROUP 2.....................$ 33.84 17.92
GROUP 3.....................$ 30.30 17.92
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable
classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour
above the foregoing applicable classification rates, paid
on a portal-to-portal basis. Any work performed on, in or
above any smoke stack, silo, storage elevator or similar
type of structure, when such structure is in excess of
75'-0" above base level and which work must be performed in
whole or in part more than 75'-0" above base level, that
work performed above the 75'-0" level shall be compensated
for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
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Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 32.60 12.16
(2) Vehicle Operator/Hauler.$ 32.77 12.16
(3) Horizontal Directional
Drill Operator..............$ 34.62 12.16
(4) Electronic Tracking
Locator.....................$ 36.62 12.16
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 33.76 15.04
GROUP 2.....................$ 35.06 15.04
GROUP 3.....................$ 37.07 15.04
GROUP 4.....................$ 38.81 15.04
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including
repair and filling of cracks by any method on any surface
in parking lots, game courts and playgrounds; carstops;
operation of all related machinery and equipment; equipment
repair technician
APPENDICES
57
GROUP 2: Traffic surface abrasive blaster; pot tender -
removal of all traffic lines and markings by any method
(sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all
related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and
application of pavement markers, delineating signs, rumble
and traffic bars, adhesives, guide markers, other traffic
delineating devices including traffic control. This
category includes all traffic related surface preparation
(sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system
installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and
equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes
and markings; hot thermo plastic; tape traffic stripes and
markings, including traffic control; operation of all
related machinery and equipment
----------------------------------------------------------------
LABO1414-001 08/05/2015
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 30.16 17.11
PLASTER TENDER..............$ 32.71 17.11
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
PAIN0036-007 07/01/2015
Rates Fringes
Painters:
(1) Repaint Including Lead
Abatement...................$ 24.19 12.83
(2) High Iron & Steel.......$ 30.70 12.83
(3) Journeyman Painter
including Lead Abatement....$ 28.70 12.83
(4) Industrial..............$ 32.02 12.83
(5) All other work..........$ 28.70 12.83
REPAINT of any previously painted structure. Exceptions: work
involving the aerospace industry, breweries, commercial
recreational facilities, hotels which operate commercial
establishments as part of hotel service, and sports facilities.
HIGH IRON & STEEL:
Aerial towers, towers, radio towers, smoke stacks, flag poles
APPENDICES
58
(any flag poles that can be finished from the ground with a
ladder excluded), elevated water towers, steeples and domes in
their entirety and any other extremely high and hazardous work,
cooning steel, bos'n chair, or other similar devices, painting
in other high hazardous work shall be classified as high iron &
steel
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PAIN0036-008 10/01/2015
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 36.18 16.82
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PAIN0169-002 01/01/2015
Rates Fringes
GLAZIER..........................$ 34.83 19.75
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PAIN1247-002 01/01/2016
Rates Fringes
SOFT FLOOR LAYER.................$ 29.85 14.01
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PLAS0200-001 08/05/2015
Rates Fringes
PLASTERER........................$ 38.44 13.77
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PLAS0500-002 07/01/2015
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 32.30 20.65
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PLUM0016-001 07/01/2015
Rates Fringes
PLUMBER/PIPEFITTER
Plumber and Pipefitter
All other work except
work on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft.
of floor space and work
on strip malls, light
commercial, tenant
improvement and remodel
work.......................$ 45.96 20.71
Work ONLY on new additions
APPENDICES
59
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space.................$ 44.54 19.73
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 35.16 18.06
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PLUM0345-001 07/01/2014
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 29.27 19.75
Sewer & Storm Drain Work....$ 33.24 17.13
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ROOF0036-002 08/01/2014
Rates Fringes
ROOFER...........................$ 35.02 13.57
FOOTNOTE: Pitch premium: Work on which employees are exposed
to pitch fumes or required to handle pitch, pitch base or
pitch impregnated products, or any material containing coal
tar pitch, the entire roofing crew shall receive $1.75 per
hour "pitch premium" pay.
----------------------------------------------------------------
SFCA0669-014 01/01/2016
Rates Fringes
SPRINKLER FITTER.................$ 34.31 20.25
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SHEE0273-002 08/01/2015
Rates Fringes
SHEET METAL WORKER...............$ 40.50 26.67
HOLIDAYS: New Year's Day, Martin Luther King Day, President's
Day, Good Friday, Memorial Day, Indepdendence Day, Labor
Day, Veterans Day,Thankisgiving Day & Friday after,
Christmas Day
----------------------------------------------------------------
TEAM0011-002 07/01/2015
Rates Fringes
TRUCK DRIVER
GROUP 1....................$ 28.24 25.24
GROUP 2....................$ 28.39 25.24
GROUP 3....................$ 28.52 25.24
APPENDICES
60
GROUP 4....................$ 28.71 25.24
GROUP 5....................$ 28.74 25.24
GROUP 6....................$ 28.77 25.24
GROUP 7....................$ 29.02 25.24
GROUP 8....................$ 29.27 25.24
GROUP 9....................$ 29.47 25.24
GROUP 10....................$ 29.77 25.24
GROUP 11....................$ 30.27 25.24
GROUP 12....................$ 30.70 25.24
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training
Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
axles; Boot person; Cement mason distribution truck; Fuel
truck driver; Water truck - 2 axle; Dump truck, less than
16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete
truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire
person ($0.50 additional for tire person); Pipeline and
utility working truck driver, including winch truck and
plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck,
6-1/2 yds. water level and over; Vehicle or combination of
vehicles - 4 or more axles; Oil spreader truck; Dump truck,
16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver;
Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck
repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles
or over
GROUP 10: Dump truck - 50 yds. or more water level; Water
APPENDICES
61
pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine
with attachments; Winch truck driver - $1.25 additional
when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
APPENDICES
62
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
APPENDICES
63
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION