CITY OF CARPINTERIA · to final review and approval by City; Consultant is not providing final...
Transcript of CITY OF CARPINTERIA · to final review and approval by City; Consultant is not providing final...
CITY OF CARPINTERIA
REQUEST FOR PROPOSAL
TO PROVIDE
CONSULTING DESIGN SERVICES FOR THE
VIA REAL STORMWATER PROJECT FEMA-4344-DR-CA, Project #PJ0206, FIPS #083-11446
JULY 2020
Proposals are due at the City Clerk’s Office by 4:00 p.m., Thursday, August 13, 2020, at:
City of Carpinteria City Clerk’s Office 5775 Carpinteria Avenue Carpinteria, California 93013
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TABLE OF CONTENTS
INTRODUCTION ................................................................................................................... 1
PROPOSAL SUBMISSION INSTRUCTIONS ........................................................................ 1
SCOPE OF SERVICES ........................................................................................................ 2
PROPOSAL REQUIREMENTS ............................................................................................. 5
INSURANCE REQUIREMENTS ........................................................................................... 6
EVALUATION CRITERIA ...................................................................................................... 7
RIGHT TO REJECT ANY OR ALL PROPOSALS ................................................................. 8
ENCLOSURES: Maps Conceptual Plans Environmentally Preferable Purchasing Policy
Agreement for Consultant Services Example Federal Contract Provisions Davis-Bacon Wage Determinations
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INTRODUCTION The City of Carpinteria (City) is requesting proposals from qualified firms to provide consulting design services for the Via Real Stormwater Project (Project). The Project is federally funded for the first phase (engineering design) of the Project. The Project is subject to the applicable federal contract provisions of 2 CFR 200. The Project’s general scope of work includes installing bioretention basin, bioswale, and storm drain
improvements. See enclosed maps of said contemplated improvements. The purpose of the Project
is to reduce flood hazard risks on an important arterial roadway that serves as the only access point
for two mobile home parks, provide flood protective measures to the mobile home parks, decrease
erosion, and improve stormwater quality. The federal-aid funds are the primary funding source for
these improvements. The estimated cost of the engineering design for these improvements alone is
$120,100. Pedestrian improvements such as concrete curbs, gutters, sidewalks, and curb ramps are
also contemplated as appurtenances within the Project limits, where technically feasible. These
pedestrian improvements will be funded by local agency sources.
The consulting services will be administered by the Public Works Department and under the supervision of the Public Works Director/City Engineer. The general scope of services is engineering design, as outlined herein this Request for Proposal (RFP). The award will be made to the most qualified firm based on the responsiveness to this RFP.
The City implemented an Environmental Purchasing Policy, and the City encourages other
businesses to adhere to similar principles (City Council Resolution No. 5686. Adopted July 25, 2016).
PROPOSAL SUBMISSION INSTRUCTIONS Submit one (1) original proposal and three (3) copies to the place and by the date and time stated on the cover of this RFP. The proposal shall be submitted in a sealed envelope and clearly marked on the outside as follows:
“Via Real Stormwater Project Consulting Design Services Proposal (FEMA-4344-DR-CA, Project #PJ0206, FIPS #083-11446)”
The name and address of the firm shall appear in the upper left-hand corner of the envelope. If more than one envelope is required, each envelope shall be legibly numbered below the name of the firm, e.g. Envelope 1 of 3, as required. Proposal in the form of telephone calls, facsimiles, or emails will not be accepted. The City does not recognize the U.S. Postal Service, UPS, FedEx, or other carriers in determining the date and time the proposal was received. The City will not be responsible for proposals that are delinquent, lost, incorrectly marked, or sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City. LATE PROPOSALS WILL NOT BE ACCEPTED. Questions All questions regarding this RFP must be submitted via email to the following contact:
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Erin Maker, Environmental Program Manager City of Carpinteria Public Works Department [email protected]
Questions must be submitted at least four (4) days before the proposal deadline. Questions submitted after this time will not be responded to. SCOPE OF SERVICES The Consultant shall furnish all materials, labor, supervision, and equipment necessary to perform all work required for the services in accordance with federal, state, and local laws, rules, and regulations. The services to be provided include those listed below. The services include specific tasks as well as goals, which are expected to be reached. 1. Project Management
A. Project Administration This service shall include organizing, coordinating, and controlling the quality of the necessary personnel and subconsultants; monitoring and reporting the status of the budget, schedule, and action item progress for the task items; and creating and maintaining project file. Other services, as assigned by the City, not mentioned herein this RFP for the successful administration of the Agreement shall be part of this service.
B. Progress Meetings This service shall include conducting pre-design kickoff meeting and monthly progress meetings with the City. Preparation and distribution of agendas and meeting minutes shall also be a part of this service.
Project Management Deliverables: - Project File - Monthly Project Progress Reports - Monthly Progress Meeting Agendas and Minutes
2. Preliminary Design
A. Soils Investigation
This service shall include preparing a preliminary soils investigation report. Soils engineering data shall include the nature, distribution, and strength of existing soils within the Project site; and conclusions, recommendations, and design criteria for the contemplated improvements. Engineering geology data shall include description of the geology within the Project site, and conclusions and recommendations regarding the effect of geological conditions on the contemplated improvements.
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B. Topographic Mapping
This service shall include performing land survey and creating topographic map of the surface terrain within and immediately adjacent to the Project site in order to show accurate contours and elevations of the existing ground, details of the surface terrain, and area drainage for incorporation with the preliminary and final plans. This service shall not include positive location of underground utility facilities. This excluded service is requested elsewhere herein this RFP.
C. Field Investigation and Data Collection This service shall include field investigating and collecting the necessary data of the existing conditions within and immediately adjacent to the Project site. Field investigation and data collection shall include visual reconnaissance and as-built plan or record drawing research, and recordation of findings in order to obtain other knowledge of existing conditions not ascertained through land survey. This service shall not include utility company coordination, subsurface investigation of soils, and positive location of underground utility facilities. These excluded services are requested elsewhere herein this RFP.
D. Right of Way This service shall include determining property lines or boundaries of the Project site. This service shall also include preparing and filing record of survey or corner record, if needed. If acquisition of real property for temporary construction easements is recommended, this service shall include performing right-of-way acquisition and appraisal activities in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended in 1987 (Uniform Act). If needed, this service shall also include performing relocation assistance activities in accordance with the Uniform Act.
E. Utility Company Coordination This service shall include coordinating, on behalf of the City, directly with the various utility companies or owners that service or traverse through the Project site. Coordination shall include preparing and disseminating notices to the various utility companies or owners; researching any available utility facility maps, as-built plans, record drawings, and/or preliminary plans from the various utility companies or owners; identifying utility facility conflicts; developing utility facility conflict resolutions; preparing utility facility conflict and resolution report; and conducting utility coordination meetings as necessary to successfully resolve utility facility conflicts. This service shall also include supporting the City with utility facility relocation claim proceedings, if needed as determined by the City. Support shall include preparing exhibits or other graphical communication materials, and communicating directly with the various utility companies or owners to address questions regarding the preliminary and final plans. This service shall not include positive location of underground utility facilities. This excluded service is requested elsewhere herein this RFP.
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F. Utility Facility Positive Location
This service shall include exposing and recording underground utility facilities for positive location. Positive location of underground utility facilities shall include potholing, probing, electronic detection, or a combination thereof for the successful location of such facilities. This service shall not include revising preliminary and final plans for utility facility relocations. These excluded services are requested elsewhere herein this RFP.
G. Preliminary Plans, Specifications, Estimate, and Storm Water Pollution Prevention Plan (50%) This service shall include preparing preliminary plans, specifications, estimate, and Storm Water Pollution Prevention Plan at the 50-percent stage of design. Plans shall be prepared in accordance with City standards.
Specifications shall be prepared as a method-type specification and formatted in accordance with City standards and the Standard Specifications for Public Works Construction, latest edition. The City will prepare the front-end specifications.
Estimate shall be prepared in a format which describes the item of work, unit amount, quantity, unit price, amount, a subtotal, contingencies, and a total.
Storm Water Pollution Prevention Plan shall be developed in accordance with the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit) requirements, as amended. This service shall also include revising preliminary plans, specifications, estimate, and/or Storm Water Pollution Prevention Plan as required by the City’s review. This service shall also include revising preliminary plans, specifications, estimate, and/or Storm Water Pollution Prevention Plan in order to coordinate with any utility facility relocation, if needed as determined by the City. This service shall also include revising preliminary plans, specifications, estimate, and/or Storm Water Pollution Prevention Plan as required by the federal, state, and county regulatory permitting agencies. This service shall also include revising preliminary plans, specifications, estimate, and/or Storm Water Pollution Prevention Plan at the 50-percent stage of design as determined by independent constructability and biddability reviews, which are not a part of this service.
Preliminary Design Deliverables: - Preliminary Soils Engineering and Engineering Geology Reports - Topographic Map - Record of Survey or Corner Record, if needed - Right of Way, if needed - Field Investigation and Data Collection Findings Record - Utility Notices
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- Utility Facility Conflict and Resolution Report - Utility Coordination Meetings - Positive Location of Underground Utility Facility Record - Preliminary Plans, Specifications, Estimate, and Storm Water Pollution Prevention Plan
3. Final Design
A. Bid Documents- Final Plans, Specifications, and Storm Water Pollution Prevention Plan
(100%) This service shall include preparing bid documents that incorporate final plans, front-end and technical specifications, and Storm Water Pollution Prevention Plan. This service shall also include revising bid documents as required by the City’s review. This service shall also include revising bid documents as determined by independent constructability and biddability reviews, which are not a part of this service. This service shall not include revising bid documents for addenda during the bid period.
B. Final Estimate
This service shall include preparing final estimate (100%) for City budget purposes and comparing contractor bids. This service shall also include revising final estimate as required by the City’s review. This service shall also include revising final estimate as determined by independent constructability and biddability reviews, which are not a part of this service. This service shall not include revising final estimate during and after the bid period.
Final Design Deliverables: - Bid Documents - Final Estimate
5. Environmentally Preferable Purchasing Policy The Consultant shall conform to the City’s Environmentally Preferable Purchasing Policy as set forth in the enclosed City Council Resolution No. 5686. Any reports that are required to be produced as a part of the scope of services shall be submitted on post-consumer recycled and recyclable paper.
PROPOSAL REQUIREMENTS The proposal shall demonstrate the qualifications, competence, and capacity of the Consultant to provide the services in accordance with the requirements of this RFP. The proposal shall specify an approach that will meet the RFP requirements.
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The proposal shall contain the information as set forth in this section. Failure to include this information, or an incomplete response, may be cause for disqualification. The proposals will be used to evaluate and select the most qualified firm or firms. The proposal shall include the following information as a minimum: 1. Transmittal cover letter signed by the person or persons authorized to represent the firm. 2. Executive summary. 3. The firm’s name, background, and contact person, including corporate office and local office
address, city, state, zip code, telephone number, facsimile number, web site address, and electronic mail address.
4. All existing and past financial relationships including agreements between the firm and proposed subconsultants, with current Members of the City Council and City staff, and entities for which said members are employed, or have an interest, both past and present. If there are none, the proposal shall clearly state this. The Members of the City Council can be viewed at https://carpinteria.ca.us/city-hall/city-council/.
5. Descriptions of the proposed service organization and specific experience and capabilities of the personnel related to the scope of services. Include licenses and affiliations. Résumés for personnel shall be included and attached separately in an appendix to the proposal. Copies of résumés will not count as part of the page limitation.
6. A brief explanation of why the firm is best-suited to provide these services, and why participation will make its services successful. The firm’s related experience, qualifications, expertise, experience, areas of specialization, and government contracts shall be stated. Provide contact names and phone numbers for at least three (3) relevant contracts listed that will serve as references.
7. A summary of the firm’s approach to the services. Address the scope of services as presented, but include other approaches, items, or considerations; or exceptions and additions. The approach should demonstrate a thorough understanding of the issues that may be anticipated in the services.
8. A schedule of work including estimated start and end dates. 9. Estimated hours for each major task including those of all subconsultants to complete the scope
of services. If tiered subconsultants are part of the project organization, they shall be listed under the task performed.
The proposal shall be a maximum of twenty (20) pages and double-sided on recycled content paper. A proposal may be amended only if the City receives such amendment before the deadline stated herein for receiving proposals. A proposal may be considered non-responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal. INSURANCE REQUIREMENTS Insurance shall be obtained and maintained at all times during the term of the Agreement, and not less than the following coverage and limits of insurance under forms of policies satisfactory to the City:
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• Commercial General Liability, limit $1,000,000 per occurrence to cover bodily injury and property damage.
• Commercial Automobile Liability, limit $1,000,000 per occurrence to cover bodily injury and property damage.
• Workers’ Compensation Insurance, Statutory Limits of State of California, including $1,000,000 Employers’ Liability.
• Professional Liability (errors and omissions) in the amount of $1,000,000 per occurrence/$2,000,000 policy aggregate.
Proof of insurance shall be submitted before award of the Agreement. The insurance company shall be an admitted carrier in the State of California with an A.M. Best rating of A-IV or better. All insurance required pursuant to the Agreement shall name the City, its employees, city council members, officers, and agents as additional insureds. Specific provisions for insurance are set forth in the enclosed Agreement template. EVALUATION CRITERIA From the proposals received, the City will select the three (3) highest rated firms for interviews. Evaluation of the proposals including the interviews will be based on the following criteria: 1. The Consultant’s qualifications and ability to perform the work as outlined above based on
information provided by the Consultant and client references. 2. The Consultant’s key personnel and subconsultant’s qualifications, knowledge of local
conditions and ability to perform the work as outlined in the RFP, based on information provided by the Consultant.
3. The Consultant’s responsiveness and availability to City staff, and the ability of the Consultant’s key personnel to effectively and efficiently complete a project.
4. The Consultant’s understanding of the Project as demonstrated by its approach, the proposal’s responsiveness to the RFP and project needs, and its demonstrated ability to meet the Project schedule.
5. Based on client references, the Consultant’s performance on similar projects. The City will enter into negotiations with the firm receiving the highest rating. A separate fee proposal will be requested from the firm that received the highest rating. This fee information will be used as a basis for negotiation with the successful firm. If such negotiations are not successful, the City will then enter into negotiations with the firm or firms receiving the next highest rating. The fee proposal will be valid for ninety (90) calendar days. The successful firm is required to obtain insurance, as set forth in the RFP, with an insurer or insurers that are satisfactory to the City. Failure to meet the insurance requirements will result in the Consultant’s disqualification. By signing and submitting a proposal, the Consultant is certifying that it has reviewed the City’s insurance coverage requirements, and that the said insurance coverages will be obtained and be in force upon execution of the Agreement with the City. The successful firm shall submit a completed certificate of insurance with the signed Agreement.
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Failure to respond to the RFP requirements will result in the disqualification of the proposal as non-responsive to the RFP. The tentative schedule for selection is as follows:
Proposals Due Thursday, August 13, 2020
Interviews Thursday, August 27, 2020
Selection Thursday, September 3, 2020
Award Agreement Monday, September 14, 2020
RIGHT TO REJECT ANY OR ALL PROPOSALS The City reserves the right to reject any or all proposals or to select the proposal most advantageous to the City. The City reserves the right to verify all information submitted in the proposal. The City reserves the right to amend the RFP or issue a notice of amendment. The City reserves the right to reject any and all proposals and to waive any informality, irregularity, or technicality in any proposal. The posting of this RFP is not a guarantee that services will be purchased by the City. The City may reject a proposal from any firm who previously failed to perform properly, or complete on time, contracts of similar nature, or to reject a proposal from the firm who is not in a position to perform such a contract satisfactory. The City may reject a proposal from any firm who is in default of payment of taxes, licenses, or other monies due to the City.
No compensation will be made for the cost of preparing any proposal. All submitted materials of a proposal will become the property of the City. The City will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected. Evaluations of the proposals will be available for public inspection at the conclusion of the selection process. Submission of a proposal constitutes acceptance of the conditions contained in the RFP unless clearly and specifically noted in the proposal submitted and confirmed in the Agreement.
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SantaBarbara-01\P:\GIS\LA0477 - Carp Via Real\Projects\HMGP_Vicinity_Map.mxd 8/30/2018 (Author: MColyar) 5:38:48 PM
Via Real Stormwater ProjectCarpinteria, CA
Vicinity Map
0 650 Feet
³
Santa Barbara August 2018
LegendA Project Location Coordinates
StreamExisting Storm DrainStaging AreaProject Footprint
CarpinteriaCreek
Pacific Ocean
(34.389530,-119.500539)
(34.391314,-119.500341)(34.391158,-119.505389)
A
A
A
SantaBarbara-01\P:\GIS\LA0477 - Carp Via Real\Projects\HMGP_Project_Map.mxd 8/30/2018 (Author: MColyar) 5:27:59 PM
Via Real Stormwater ProjectCarpinteria, CA
Project Map
0 160 Feet
³
Santa Barbara August 2018
LegendA Project Location Coordinates
Existing Storm DrainProject Footprint
Via Real
Hwy 101
Carpinteria Ave
Popl a
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(34.391158,-119.505389)
(34.391314,-119.500341)
(34.389530,-119.500539)
New Bioswale
New Bioswale
New Bioswale
Upgrade to 36" Stormdrain
Upgrade to 36" Stormdrain
New 36" Stormdrain
New 36" Stormdrain
Upgrade to 36" Stormdrain
New Bioretention Basin
New 36" Stormdrain
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RESOLUTION NO. 5686
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFCARPINTERIA ADOPTING AN ENVIRONMENTALLY PREFERABLE
PURCHASING POLICY
WHEREAS, the City of Carpinteria continually works to develop programs thatare consistent with the ideals of efficient resource allocation, environmentalconsciousness and economic development, including efforts to improve access torecreation and education opportunities and governmental support and services; and
WHEREAS, landfill capacity is an increasingly scarce resource in California andthroughout the nation, and it is difficult and costly to site new landfill; and
WHEREAS, the City participates in and promotes recycling and other wastediversion and reduction strategies to conserve valuable resources and to significantlyreduce the volume of material disposed of.
NOW, THEREFORE, BE lT RESOLVED as follows:
I.O STATEMENT OF POLICY
1.1 lt is the policy of the City of Carpinteria (City) to reduce natural resourceconsumption, waste production and environmental degradation by:
o Eliminating unnecessary purchasing;o lncreasing product efficiency, durability, reusability, and effectiveness;o Purchasing products that are designed for recycling at end of life;o Purchasing products that include recycled content;o Purchasing products that conserve energy, water and other natural resources;o Purchasing products that reduce greenhouse gas emissions in their production,
shipping, use and discard;o ldentifying preferential products and standardizing their use; and. Considering life cycle costs when making purchases for the City, such as
vehicles, computers, and workstations
2.0 PURPOSE
2.1 This Policy is adopted in order to:. Conserve natural resources;o Minimize environmental impacts, toxics, pollution, and hazards to worker and
community safety;o Encourage waste stream diversion and reduce materials that are landfilled;o ldentify environmentally preferable products and distribution systems; and
Resolution No. 5686July 25, 2016Page2
o lncrease use and availability of environmentally preferable products;
3.0 RESPONSIBILITIES
3.1 The health and safety of workers and citizens is of utmost importance and takesprecedence over all other practices.
3.2 Nothing contained in this policy shall be construed as requiring a department,purchaser or contractor to procure products that do not perform adequately fortheir intended use, exclude adequate competition, risk the health or safety ofworkers and citizens, or are not available at a reasonable price in a reasonableperiod of time.
3.3 Nothing contained in this policy shall be construed as requiring a department,purchaser, or contractor to take any action that conflicts with local, state orfederal requirements.
4.0 STRATEGIES FOR IMPLEMENTATION
4.1 Source Reduction
4.1.1 Purchase products that are durable, long lasting, reusable or refillable andavoid purchasing onetime use or disposable products.
4.1.2 Purchase remanufactured products such as toner cartridges, tires,furniture, equipment and automotive parts.
4.1.3 Purchase items in bulk to reduce the packaging and transportationassociated with lower product quantities
4.1.4 Request vendors eliminate packaging or use the minimum amountnecessary for product protection, to the greatest extent practical. For vendorsthat cannot eliminate packaging request to use packaging that is reusable,recyclable or compostable in existing recycling programs.
4.1.5 Request vendors to take back and reuse pallets, expanded polystyreneand other shipping and packaging materials that cannot be eliminated.
4.1.6 Promote electronic distribution of documents rather than printing orcopying.
4.1.7 Consolidate the use of electronic equipment and minimize the purchase ofindividual printers for staff members. When producing paper documents, printand copy all documents on both sides to reduce the use and purchase of paper.
Resolution No.5686July 25,2016Page 3
4.1.8 Ensure all imaging equipment is installed with energy and resource-efficient settings set as default.
4.1.9 Purchase cleaning products in concentrated form when available.
4.1.10 Eliminate the purchase of water in plastic bottles for individual use withinCity buildings and operations.
4.2 Recycled Content Products
4.2.1 Purchase products for which the United States Environmental ProtectionAgency (U.S. EPA) has established minimum recycled content standardguidelines, such as those for printing paper, office paper, janitorial paper,construction, landscaping, parks and recreation, transportation, vehicles,miscellaneous, and non-paper office products, that contain the highest post-consumer content available.
4.2.2 When specifying asphalt, concrete, aggregate base or Portland cementconcrete for road construction projects, prioritize use of recycled, reusable orreground materials.
4.2.3 Purchase multi-function devices, copiers and printers compatible with theuse of recycled content and remanufactured products.
4.2.4 Ensure pre-printed recycled content papers intended for distribution thatare purchased or produced contain a statement that the paper is recycledcontent and indicate the percentage of post-consumer recycled content.
4.3 Energy Efficient and Water Saving Products
4.3.1 Purchase energy-efficient equipment with the most up-to-date,economically feasible, and proven energy efficiency functions. This includes, butis not limited to, high efficiency space heating systems and high efficiency spacecooling equipment.
4.3.2 Purchase U. S. EPA Energy Star certified products when available.
4.3.3 Replace inefficient interior lighting with energy-efficient equipment
4.3.4 Replace inefficient exterior lighting, street lighting and traffic signal lightswith energy-efficient equipment. Minimize exterior lighting where possible toavoid unnecessary lighting of architectural and landscape features whileproviding adequate illumination for safety and accessibility.
4.3.5 Purchase U.S. EPA WaterSense labeled water-saving products when
Resolution No.5686July 25, 2016Page 4
available. This includes, but is not limited to, high-performance fixtures liketoilets, low-flow faucets and aerators, and upgraded irrigation systems.
4.4 Green Building Products and Practices
4.4.1 Consider Green Building practices for design, construction, and operationas described in the LEED Rating Systems for all building and renovationsundertaken by the City.
4.5 Landscaping Products and Practices
4.5.1 Employ sustainable landscape management techniques for design,construction and maintenance whenever possible for landscape renovations,construction and maintenance performed by the City.
4.5.2 Select plants to minimize waste by choosing species for purchase that areappropriate to the microclimate, species that can grow to their natural size in thespace allotted them, and perennials rather than annuals for color whenadvantageous. Native and drought-tolerant plants that require no or minimalwatering once established are preferred. At no time will exotic-invasive plants ornoxious weeds be purchased.
4.5.3 Consider recycled content for the construction of hardscapes andlandscape structures.
4.5.4 Limit the amount of impervious surfaces in the landscape. Permeablesubstitutes, such as permeable asphalt or pavers, are encouraged for walkways,patios and driveways. Permeable substitutes, such as decomposed granite,permeable asphalt or non-mortared pavers, are encouraged for walkways, plazasand access areas.
4.5.5 Purchase recycled content park supplies, such as benches, picnic tables,landscaping materials, and garbage and recycling containers, as practicable.Hardscapes and landscape structures constructed of recycled content materialsare strongly encouraged.
4.6 Toxics and Pollution Prevention Products and Practices
4.6.1 Use products with the lowest amount of volatile organic compounds(VOCs), highest recycled content, low or no formaldehyde and no halogenatedorganic flame retardants when purchasing building maintenance materials suchas paint, carpeting, adhesives, furniture and casework, and prohibit the purchaseof products that use polyvinyl chloride (PVC) such as, but not limited to, officebinders, furniture and flooring.
Resolution No. 5686July 25,2Q16Page 5
4.6.2 When making a choíce among comparable products, favor those productswhose production and use involve the fewest hazardous materials.
4.6.3 Manage pest problems through the lntegrated Pest Management program,which includes prevention and physical, mechanical and biological controls whenstaff and contractors maintain buildings and landscapes using the least toxic pestcontrol as a last resort.
4.6.4 Reduce the use of disposable batteries by purchasing rechargeablebatteries for devices, such as cameras, remote control, tape recorders, telephoneheadsets, wireless keyboards and mice and other equipment.
4.6.5 Purchase paper, paper products, and janitorial paper products that areunbleached or are processed without chlorine or chlorine derivatives.
4.6.6 When replacing vehicles, consider less-polluting alternatives to dieselsuch as compressed natural gas, bio-based fuels, hybrids, electric batteries, andfuel cells, as available.
4.7 Local Products Guiding Principles
4.7.1 Favor products that are extracted, processed and manufactured locally,whenever practicable.
5.0 IMPLEMENTATION
5.1 Each department will take steps to communicate and train their employees whomake purchases on behalf of the City to purchase environmentally preferableproducts and services whenever practical and cost-effective. Departments areencouraged to communicate information to other departments when a product isidentified as being available for use consistent with this policy.
5.2 Any request for proposal (RFP) or bid for services requested by the City shallinclude a standard statement that the City has implemented an EnvironmentalPurchasing Policy and that the City encourages other businesses to adhere tosimilar principles. lt shall further be requested that submitted proposals, quotes,or bids be printed two-sided on recycled content paper. Any consultants orcontractors producing reports for the City will submit the report on post-consumer recycled and recyclable paper.
5.3 The Environmental Coordinator shall implement this policy in coordination withother appropriate City personnel.
Resolution No.5686July 25,2016Page 6
6.0 PROGRAM EVALUAT¡ON
6.1 When the City optimizes existing software, the Finance Division shall periodicallyprepare reports summarizing the results of implementing this policy. The reportshall include but not be limited to City purchases by product type, quantity andcost of products.
6.2 The Environmental Programs Manager shall periodically evaluate the success ofthis policy's implementation.
7.0 DEFINITIONS
"Buyer" means anyone authorized to purchase or contract for purchases on behalf ofthis jurisdiction or its subdivisions.
"Contractor" means any person, group of persons, business, consultant, designingarchitect, association, partnership, corporation, supplier, vendor or other entity that hasa contract with the City or serves in a subcontracting capacity with an entity having acontract with the City for the provision of goods or services.
"Ecologo" is a third-party, multi-attribute eco-labeling program founded by the Canadiangovernment in 1988 and part of UL Environment since 2010. The Program comparesproducts / services with others in the same category, develops rigorous andscientifically relevant criteria, and awards the Ecologo to those that are environmentallyp referable th roug hout thei r entire lifecycle.
"Energy Star" means the U.S. EPA's energy efficiency product labeling program
"LEED Rating System" means the most recent version of the Leadership in Energy andEnvironmental Design (LEED) Rating System, approved by the U.S. Green BuildingCouncil, and designed for rating new and existing commercial, institutional, andresidential buildings.
"Practical" and "Practicable" mean whenever possible and compatible with local, stateand federal law, without reducing safety, quality, or effectiveness and where the productor service is available at a reasonable cost in a reasonable period of time
"Remanufactured Product" means any product diverted from the supply of discardedmaterials by refurbishing and marketing said product without substantial change to itsoriginal form.
"Source Reduction" refers to products that result in a net reduction in the generation ofwaste compared to their previous or alternate version and includes durable, reusableand remanufactured products; products with no, or reduced, toxic constituents; andproducts marketed with no, or reduced, packaging.
Resolution No.5686July 25,2016Page 7
'U.S. EPA Guidelines" means the Comprehensíve Procurement Guidelines establishedby the U.S. Environmental Protection Agency for federal agency purchases as ofOctober 2007 and any subsequent versions adopted.
"WaterSense" means a partnership program by the U.S. Environmental ProtectionAgency. lndependent, third-party licensed certifying bodies certify that products meetEPA criteria for water efficiency and performance by following testing and certificationprotocols specific to each product category. Products that are certified to meet EPAspecifications are allowed to bear the WaterSense label.
pAssED, APPRovED AND ADOPTED ". J* l3 6 ,2ol|, by the following vote:
AYES
NOES:
ABSENT
ABSTAIN
coUNcTLMEMBER(S):
coUNcTLMEMBER(S):
coUNcTLMEMBER(S):
coUNcTLMEMBER(S):
Clark, Nomura, Steino Shaw, Carty
None
None
None
a.Mayor, City of Carpinteria
ATTEST:
City lerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of theCity Council of the City of Carpinteria held on Jq\>b, hlÇ
Resolution No. 5686July 25, 2016Page I
APPROVED AS TO FORM
City Clerk, City of Carpinteria
f,¿W,nu*Peter Brown, on behalf of BrownsteinHyatt Farber Schreck, LLP acting asCity Attorney of the City of Carpinteria
AGREEMENT FOR CONSULTANT SERVICES
Design Professional (REMOVE this line when using contract)
THIS AGREEMENT FOR CONSULTANT SERVICES (“Agreement”) is made and effective as of
the Dayday of Month , Year by and between the City of Carpinteria, a municipal corporation (“City”),
and Consultant Firm's Name (“Consultant”) (collectively, the “Parties”) at Carpinteria, California,
with reference to the following facts:
A. City has determined that it is necessary and appropriate to engage a design professional to
carry out the services described herein; and
B. Consultant has represented itself as being fully qualified and available to perform the
consultant services necessary to complete the work in a timely manner; and
C. City desires to contract with Consultant and Consultant is willing to perform the
consultant services, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. SERVICES.
1.1 Basic Services. City hereby retains Consultant to perform the services described and set
forth in the attached Exhibit A (“Basic Services”), which is incorporated by this
reference as though set forth in full. Consultant hereby agrees to perform said services
within the designated time frames and accepts this retention. Consultant shall complete
the Basic Services according to a schedule of performance which is also set forth in
Exhibit A. The Parties agree and acknowledge that time is of the essence in performance
of this Agreement.
1.2 Additional Services. In addition to the Basic Services, City may elect to have
Consultant perform additional services that are beyond the current scope of the Basic
Services, but within the expertise of Consultant (“Additional Services”). Such
Additional Services shall be mutually agreed to in advance and specified in a writing,
which shall also specify the basis for the Consultant’s fee for such additional services.
Basic Services and Additional Services are referenced collectively as “Services.”
2. PERFORMANCE.
2.1 Standard of Performance. Consultant shall faithfully, competently and diligently
perform the obligations and responsibilities required by this Agreement, applying best
management practices and the same standards of care utilized by persons commonly
engaged in providing similar services as are required of Consultant hereunder in meeting
its obligations under this Agreement. Consultant shall not engage the assistance of
subcontractors for performance of the Services unless previously agreed to in writing by
the City.
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2.2 Labor and Materials. Consultant shall furnish, at its own expense, all labor, materials,
equipment, tools, transportation and services necessary for the successful completion of
the Services. Consultant shall give its attention and supervision to the fulfillment of the
provisions of this Agreement by its employees and subcontractors and shall be
responsible for the timely performance of the Services required by this Agreement.
2.3 Review of Service. Consultant shall furnish City with reasonable opportunities from
time to time to ascertain whether the Services of Consultant are being performed in
accordance with this Agreement. All work done and materials furnished shall be subject
to final review and approval by City; Consultant is not providing final approval or
review, which is solely City’s function and role. City review and approval of such work
and Services shall not, however, relieve Consultant of any of its obligations under this
Agreement.
2.4 Contract Administration. The City Manager or his/her designee shall represent the
City in all matters relating to the administration of this Agreement. The City Manager or
his/her designee shall have the authority to act on the City’s behalf to review and approve
all products submitted by Consultant and may execute all necessary documents to
authorize Consultant to perform Additional Services as provided for herein.
2.5 Representations and Warranties. Consultant represents and warrants to City that: (i)
its fulfillment of its obligations and, as applicable, performance the Services under this
Agreement, will not violate any applicable or breach any contracts with third parties and
(ii) it has the right, power and authority to fulfill its obligations, and, as applicable
perform the Services, and enter into this Agreement; (iii) the Services contemplated
hereunder will be performed by adequately trained, competent personnel, in a
professional manner, with such personnel having the requisite skill and expertise
necessary to perform and complete the Services in accordance with industry standards
and in accordance with the terms and conditions of this Agreement; and (iv) the Services
and all deliverables provided hereunder will conform to the specifications agreed-to by
the parties.
3. TERM. This Agreement shall be effective as of the date first above written and shall continue
until all Services to be provided by Consultant are completed to the satisfaction of the City, but
in no event later than the Day day of Month, Year; unless terminated earlier as provided for
herein.
4. COMPENSATION.
4.1 Basic Services. For Basic Services, City shall pay Consultant on a time and materials
basis, not to exceed amount of Insert Amount in Text Format ($Insert Amount in
Numerical Format) as full compensation for all labor, materials, equipment, tools,
transportation, and Services. This compensation shall be paid in accordance with the
payment rates and schedule as set forth in Exhibit B, attached hereto and incorporated
herein by this reference as though set forth in full, based on the actual time spent on the
tasks and the actual price of the necessary materials.
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4.2 Additional Services. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to the Basic
Services, unless such Additional Services are authorized in advance and in writing in the
method provided for herein. Consultant will submit fee estimates for such Additional
Services upon request of City.
4.3 Invoices. Each and every payment by City shall be subject to City’s receipt of an invoice
outlining the items for which payment is requested. Payment to Consultant as to any
undisputed fees shall be made, after verification of Consultant’s performance, within 30
(thirty) days of receipt of invoice. If City disputes any of Consultant's fees, it shall give
written notice to Consultant within 30 (thirty) days of receipt of an invoice of such
disputed fees.
4.4 Withholding. City reserves the right to withhold future payment to Consultant if any
aspect of the Consultant’s work is found to be substantially inadequate. City shall notify
Consultant in writing of deficiencies believed to be substantially inadequate within thirty
(30) days after receipt of product.
4.5 Taxes/Insurance/Licenses. Consultant shall be solely responsible for the payment of
any federal, state, or local income tax, social security tax, workers’ compensation
insurance, state disability insurance, and any other taxes or insurance which Consultant is
responsible for paying as an independent contractor under federal, state or local law. At
all times during the term of this Agreement, Consultant and any approved subcontractors
performing Services under this Agreement shall have in full force and effect all licenses
necessary for the performance of Services hereunder, including without limitation,
business licensing from City, all at the sole cost of Consultant.
5. RECORDS.
5.1 Financial Records. Consultant shall maintain complete and accurate records with
respect to sales, costs, expenses, receipts and other such information required by City that
relate to the performance of Services under this Agreement. Consultant shall also
maintain adequate records of Services provided in sufficient detail to permit an
evaluation of Services. All such records shall be maintained in accordance with generally
accepted accounting principles and shall be clearly identified and readily accessible.
5.2 Access to Records. Consultant shall provide free access to the representatives of City or
its designees at reasonable times to books and records as set forth in section 5.1; shall
give City the right to examine and audit said books and records; shall permit City to make
transcripts therefrom as necessary; and shall allow inspection of all work, data,
documents, proceedings and activities related to this Agreement. Such records, together
with supporting documents, shall be maintained for a period of four (4) years after receipt
of final payment.
5.3 Original Records. Upon completion of, or in the event of termination or suspension of
this Agreement, all completed and incomplete original agreements, data, documents,
designs, drawings, exhibits, maps, models, computer files, reports, studies, surveys,
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notes, and other work, materials or documents prepared or used to prepare Consultant’s
work product in the course of providing the Services pursuant to this Agreement
(“Consultant Work Product”) shall become the sole property of City once the
Consultant has received payment. City may duplicate, disclose, disseminate, use, reuse
or otherwise dispose of Consultant Work Product in whole or in part in any manner it
deems appropriate, without the permission of Consultant. With respect to computer files,
Consultant shall make available to the City, at Consultant's office and upon reasonable
written request by City, the necessary computer software and hardware for purposes of
accessing, compiling, transferring and printing computer files. Consultant may retain
copies of such Consultant Work Product as a part of its record of professional activity.
6. TERMINATION.
6.1 Termination Without Cause. This Agreement may be terminated by either party for
any reason upon ten (10) days prior written notice by the terminating party to the other
party. In the event of a termination, the date of termination shall be deemed to be the first
business day occurring after the expiration of the notice period. Upon receipt of said
notice, Consultant shall immediately cease all work under this Agreement, unless the
notice provides otherwise.
6.2 Termination With Cause. Either party may terminate this Agreement with cause,
effective immediately upon written notice of such termination to the other party and
failure of the breaching party to correct within five (5) days of receiving such notice,
based upon the occurrence of any of the following events:
▪ Material breach of this Agreement;
▪ Cessation of Consultant to be licensed, as required;
▪ Failure to substantially comply with any applicable federal, state or local law or
regulation;
▪ Filing by or against Consultant of any petition under any law for the relief of
debtors; and,
▪ Filing of a criminal complaint against Consultant for any crime, other than minor
traffic offenses.
6.3 Performance Upon Termination. In the event this Agreement is terminated pursuant to
this Section, City shall pay Consultant for the outstanding balance owed for work
performed up to the time of termination. Upon termination of the Agreement, Consultant
shall submit an invoice to City as provided for herein and shall submit to the City all of
its files for any billable or non-billable matters in which the Consultant is involved under
the scope of this Agreement.
6.4 Termination Upon Mutual Consent. This agreement may also be terminated by mutual
consent of the parties and in accordance with the terms and conditions of any plan of
termination established by the parties. In the event of a termination by mutual consent,
the date of termination shall be such date as is agreed upon by the parties. The parties
may agree to suspend or terminate a portion of this Agreement and such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
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7. DISPUTE RESOLUTION. Except as explicitly provided in Exhibit E relating to claims by
Consultant, if any dispute, claim or disagreement shall arise relative to the interpretation or
enforcement of this Agreement, the parties shall use commercially reasonable efforts to settle the
dispute, claim or disagreement. To this end, they shall consult and negotiate with each other in
good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution
satisfactory to both parties. If they do not reach such a solution within a period of thirty (30)
days, then, upon notice by either party to the other, the dispute, claim or disagreement shall be
submitted to final, binding arbitration administered by the American Arbitration Association in
accordance with its Commercial Arbitration Rules. The arbitrator shall have the authority to
assess arbitration costs and expenses against either or both parties. The decision in the arbitration
shall be binding on all parties, and judgment on any arbitration award may be entered in any
court of competent jurisdiction.
8. INSURANCE. Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in the attached Exhibit C, which is incorporated by
this reference as though set forth in full.
9. INDEMNIFICATION.
Indemnification for Professional Liability. To the fullest extent permitted by law, Consultant
shall indemnify, protect, defend and hold harmless City and any of its officials, employees and
agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs,
and expenses, including attorneys’ fees and costs, which arise out of the negligence, recklessness
or willful misconduct of Consultant.
10. RELEASE OF INFORMATION.
10.1 Confidentiality. All information gained by Consultant in performance of this Agreement
shall be considered confidential and shall not be released except to the City, directly or
indirectly, by Consultant without City's prior written authorization. Consultant, its
officers, employees, subcontractors or sub-consultants shall not voluntarily provide
declarations, letters of support, testimony at depositions, response to interrogatories or
other information concerning the Services performed under this Agreement unless
requested by the City Attorney or authorized in writing by the City Manager. Response
to a subpoena or court order shall not be considered "voluntary" provided that Consultant
shall give City prompt written notice of any such court order or subpoena. The
provisions of this Paragraph shall survive the termination of this Agreement.
10.2 Notice and Cooperation. Consultant shall promptly notify the City Manager and City
Attorney in writing if Consultant, its officers, employees, agents, subcontractors or
subconsultants are served with any summons, complaint, subpoena, notice of deposition,
request for documents, interrogatories, request for admissions or other discovery request, court
order or subpoena from any person or party related to this Agreement and/or Consultant’s
related Services. City has no obligation to, but may exercise discretion to represent Consultant
and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to
cooperate fully with City and to provide the City an opportunity to review any response to
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discovery requests provided by Consultant. However, City's right to review any such response
does not grant or imply a right of City to control, direct, dictate or rewrite said response.
11. RELATIONSHIP TO CITY.
11.1 Independent Contractor. Consultant is and shall at all times remain as to the City a
wholly independent contractor. The personnel performing the services under this
Agreement on behalf of Consultant shall at all times be under Consultant's exclusive
direction and control. Neither City nor any of its officers, employees or agents shall have
control over the conduct of Consultant or any of Consultant's officers, employees or
agents, except as set forth in this Agreement. Consultant shall not at any time or in any
manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of City. Consultant shall not incur or have the power to
incur any debt, obligation or liability whatever against City, or bind City in any manner.
11.2 No Employee Privileges. No City employee benefits shall be available to Consultant in
connection with the performance of this Agreement. Except for the fees paid to
Consultant as provided in the Agreement, City shall not pay salaries, wages or other
compensation to Consultant for performing Services hereunder for City. City shall not be
liable for compensation or indemnification to Consultant for injury or sickness arising out
of performing Services hereunder.
11.3 Consultant Duty to City. Consultant understands and agrees that its responsibility to
provide complete and accurate Services is owed solely to City and that its accountability
under this contract shall likewise be solely to City and not to any City applicants or any
other third person or entity.
11.4 Interest of Consultant. Consultant represents and warrants to City that it presently has
no interests, and covenants that it shall not acquire any interests, direct or indirect,
financial or otherwise, which would conflict with the performance of the services to be
provided by Consultant under this Agreement. Consultant further covenants that, in the
performance of this Agreement, no subcontractor or employee having such an interest
shall be employed by Consultant. Consultant certifies that no one who has or will have
any financial interest under this Agreement is: (a) an officer or employee of City, or (b).
an officer or employee of the applicant and any of its consultants. Consultant agrees to
comply with any applicable conflict of interest code.
11.5 Undue Influence. Consultant declares and warrants that no undue influence or pressure
is used against or in concert with any officer or employee of City in connection with the
award, terms or implementation of this Agreement, including any method of coercion,
confidential financial arrangement or financial inducement. No officer or employee of
City will receive compensation, directly or indirectly, from Consultant or any officer,
employee or agent of Consultant, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling City to any and all remedies at law or in
equity.
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11.6 Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the
City and the Consultant and will not confer any rights upon any person not expressly a
party to this Agreement.
12. GENERAL PROVISIONS.
12.1 Assignment of Rights. Contractor agrees to assign City all rights, title, and interest in
and to all causes of action it may have under Section 4 of the Clayton Act or under the
Cartwright Act arising from purchases of goods, services, or materials pursuant to this
Agreement.
12.2 Further Assurances. City and Consultant each agree to cooperate with one another, to
use their best efforts, to act in good faith, and to promptly perform such acts and execute
such documents or instruments as are reasonably necessary and proper to consummate
the transactions contemplated by this Agreement.
12.3 Notices. All notices, requests, demands and other communications under this Agreement
shall be in writing and shall be deemed to have been duly given on the date of service if
personally served or on the second day after mailing if mailed by first-class mail,
registered or certified, return receipt requested, postage prepaid and properly addressed as
follows:
To City: To Consultant:
Dave Durflinger, City Manager Contact Person's Name
City of Carpinteria Consultant Firm's Name
5775 Carpinteria Avenue Address
Carpinteria, CA 93013-2698 City, State, ZIP
P: (805) 684-5405 P:Phone Number
F: (805) 684-5304 P:Fax Number
Any party may change their address for the purpose of this paragraph by giving the other
party written notice of the new address in the above manner.
12.4 Legal Responsibilities. Consultant shall keep itself informed of state, federal and laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its Service pursuant to this Agreement. The Consultant shall reasonably
observe and comply with such laws and regulations. The City and its officers and
employees shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
12.5 Licenses. At all times during the term of this Agreement, Consultant shall have in full
force and effect, all licenses required by law for the performance of services described in
this Agreement.
12.6 Labor Conditions. City is a public entity in the state of California, and therefore, City
and Consultant are subject to the provisions of the Government Code and the Labor Code
of the state of California. All provisions of law applicable to public contracts and/or this
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Agreement are incorporated herein by this reference and are made a part of this
Agreement to the same extent as if they were fully stated in the Agreement and shall be
complied with by Consultant.
12.7 Labor Requirements. Consultant shall abide by all federal and California laws and
regulations regarding wages, including, without limitation, the Fair Labor Standards Act
and the California Labor Code, which, in part, mandate that 8 hours’ labor constitutes a
legal days’ work, and require Consultant to pay the general prevailing wage rates. The
California statutory provisions for penalties for failure to pay prevailing wages will be
enforced and the statutory provisions for penalties for failure to comply with California’s
wage and hour laws will be enforced. In addition, Consultant is required to comply with
the statutory requirements relating to employment of apprentices. Consultant also must
secure the payment of workers’ compensation to its employees as provided by California
law. Consult acknowledges its obligation to secure payment of Workers’ Compensation
before beginning work as set forth in the attached Exhibit D (“Acknowledgement of
Workers’ Compensation Obligation”) which is incorporated by this reference as through
set forth in full. Additionally, Consultant is required to comply with all statutory
requirements relating to certified payroll records, including the maintenance of the
records, their certification, and their availability for inspection.
12.8 Discrimination. No person shall be excluded from employment in the performance of
this Agreement on the grounds of race, creed, color, sex, age, marital status, sexual
orientation or place of national origin. Consultant shall comply with all local, state, and
federal laws relating to equal employment opportunity rights.
12.9 Assignment. Consultant shall not assign the performance of this Agreement, nor any
part thereof, nor any monies due hereunder, without prior written consent of City, which
shall have the sole discretion to consent to any proposed assignment. Because of the
personal nature of the Services to be rendered pursuant to this Agreement, only
Consultant shall perform the services described in this Agreement.
12.10 Waiver. No waiver of a provision of this Agreement shall constitute a waiver of any
other provision, whether or not similar. No waiver shall constitute a continuing waiver.
No waiver shall be binding unless executed in writing by the party making the waiver.
12.11 Force Majeure. Neither Consultant nor City shall be liable for any delays resulting from
circumstances or causes beyond its reasonable control, including, without limitation, fire
or other casualty, act of God, strike or labor dispute, war or other violence, or any law,
order or requirement of any governmental agency or authority.
12.12 Construction of Terms. All parts of this Agreement shall in all cases be construed
according to their plain meaning and shall not be construed in favor or against either of
the parties. If any term, provision, covenant or condition of this Agreement is held by a
court of competent jurisdiction to be invalid, void or unenforceable, in whole or in part,
the remainder of this Agreement shall remain in full force and effect and shall not be
affected, impaired or invalidated thereby. In the event of any provision shall be adjudged
9
invalid, void or unenforceable, the parties hereto agree to enter into a supplemental
agreement to effectuate the intent of the parties and the purposes of this Agreement.
12.13 Controlling Law. The City and Consultant understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement, with venue
proper only in the County of Santa Barbara, State of California.
12.14 Authorization. All officers and individuals executing this and other documents on
behalf of the respective parties hereby certify and warrant that they have the capacity and
have been duly authorized to execute said documents on behalf of the entities indicated.
12.15 Entire Agreement. This Agreement, along with its attached exhibits, which are
incorporated herein by this reference, constitutes the entire Agreement between the
parties and supersedes all prior and contemporaneous agreements, representations and
understandings of the parties. This Agreement may be altered, amended or modified only
by a supplemental writing executed by the parties to this Agreement and by no other
means. Each party waives any future right to claim, contest, or assert that this Agreement
was modified, canceled, superseded, or changed by any oral agreement, course of
conduct, waiver or estoppel.
12.16 Counterparts. This Agreement may be executed in counterparts, each of which shall
remain in full force and effect as to each party.
12.17 Severability. In the event that any term or provision of this Agreement shall be held to be
invalid, void or unenforceable, then the remainder of this Agreement shall not be
affected, impaired or invalidated, and each such term and provision of this Agreement
shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the date
first written above.
"CITY" "CONSULTANT"
City of Carpinteria Consultant Firm's Name
By:_________________________ By:__________________________
David Durflinger, City Manager Name, Title of Signator
APPROVED AS TO FORM:
City of Carpinteria
By:___________________________
Peter N. Brown, on behalf of
Brownstein Hyatt Farber Schreck, LLP
Acting as City Attorney of the City of Carpinteria
12
EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in
conformance with the requirements set forth below. Consultant will use existing coverage to comply with
these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees
to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any
insurance proceeds available to City in excess of the limits and coverage required in this agreement and
which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability”
policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be
no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but
in no event less than $1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or
the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If
Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the
general liability policy described above. If Consultant or Consultant’s employees will use personal autos in
any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such
person.
Workers Compensation on a state-approved policy form providing statutory benefits as required by law with
employer’s liability limits no less than $1,000,000 per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide
coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an
umbrella liability policy shall include a drop down provision providing primary coverage above a maximum
$25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage
shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy
shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual
payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or
suits by one insured against another. Coverage shall be applicable to City for injury to employees of
Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to
approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in
no event less than $1,000,000 per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the consultant and “Covered
Professional Services” as designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must
“pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The
policy retroactive date shall be on or before the effective date of this agreement.
13
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in
the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to
the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein
to include as additional insureds City, its officials, employees, volunteers and agents, using standard
ISO endorsement No. CG 2010-0413. Consultant also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or
Consultant’s employees or agents, from waiving the right of subrogation prior to a loss. Consultant
agrees to waive subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to this
agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement
or any other agreement relating to the City or its operations limits the application of such insurance
coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include
any limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-called
“third party action over” claims, including any exclusion for bodily injury to an employee of the
insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional
requirements by the City, as the need arises. Consultant shall not make any reductions in scope of
coverage (e.g., elimination of contractual liability or reduction of discovery period) that may affect
City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance
evidencing all of the coverages required and an additional insured endorsement to Consultant’s
general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the
event such proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to
obtain any insurance it deems necessary to protect its interests under this or any other agreement and
to pay the premium. Any premium so paid by City shall be charged to and promptly paid by
Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 (thirty) days notice to City of any
cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete
any exculpatory wording stating that failure of the insurer to mail written notice of cancellation
imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply
with the requirements of the certificate.
14
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided
by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis
in relation to any other insurance or self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is
brought onto or involved in the project by Consultant, provide the same minimum insurance coverage
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors and others engaged
in the project will be submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion
of the insurance required herein and further agrees that it will not allow any contractor, subcontractor,
Architect, Engineer or other entity or person in any way involved in the performance of work on the
project contemplated by this agreement to self-insure its obligations to City. If Consultant’s existing
coverage includes a deductible or self-insured retention, the deductible or self-insured retention must
be declared to the City. At that time the City shall review options with the Consultant, which may
include reduction or elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts and types
of insurance required by giving the Consultant ninety (90) days advance written notice of such
change. If such change results in substantial additional cost to the Consultant, the City will negotiate
additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance
of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City or its employees or agents face
an exposure from operations of any type pursuant to this Agreement. This obligation applies whether
or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not
effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the term of
this Agreement have been renewed or replaced with other policies providing at least the same
coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate
of insurance and/or additional insured endorsement as required in these specifications applicable to the
renewing or new coverage must be provided to City within five days of the expiration of the
coverages.
15
17. The provisions of any workers’ compensation or similar act will not limit the obligations of
Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity
defenses under such laws with respect to City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not intended as
limitations on coverage, limits or other requirements nor as a waiver of any coverage normally
provided by any given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or insured to be
limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this
agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement to the
extent that any other section or provision conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any
way with the project reserves the right to charge City or Consultant for the cost of additional insurance
coverage required by this agreement. Any such provisions are to be deleted with reference to City. It
is not the intent of City to reimburse any third party for the cost of complying with these requirements.
There shall be no recourse against City for payment of premiums or other amounts with respect
thereto.
22. The City’s failure to comply with reporting requirements should not affect coverage required under
the Agreement.
23. The consultant’s insurance is primary to that of any insurance claimed by the City.
Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out
of the work performed under this agreement. City assumes no obligation or liability by such notice, but
has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to
involve City.
16
EXHIBIT D
WORKERS’ COMPENSATION REQUIREMENTS
The Consultant is required to sign and file a statement acknowledging its obligation to secure payment of
Workers’ Compensation before beginning work.
17
ACKNOWLEDGEMENT OF WORKERS’ COMPENSATION OBLIGATION
I, Name, hereby acknowledge my obligation to secure payment of Workers’ Compensation before
beginning work.
Consultant
By:__________________________
Name, Title of Signator
Dated:________________________
18
EXHIBIT E
RESOLUTION OF CONSTRUCTION CLAIMS
The following pertains to Public Contract Code Sections 20104 through 20104.6 (Resolution of
Construction Claims)
1. This article applies to all public works claims of three hundred seventy-five thousand dollars
($375,000) or less which arise between a contractor and a local agency.
2. This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article
7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
3. “Public work” means “public works contract” as defined in Section 1101 but does not include
any work or improvement contracted for by the state or the Regents of the University of
California.
4. “Claim” means a separate demand by the contractor for (a) a time extension, (b) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the
contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (c) an amount the payment of which is disputed by the
local agency.
5. The provisions of this article or a summary thereof shall be set forth in the plans or
specifications for any work which may give rise to a claim under this article.
6. This article applies only to contracts entered into on or after January 1, 1991.
7. For any claim subject to this Agreement, the following requirements apply:
a. The claim shall be in writing and include the documents necessary to substantiate the
claim. Claims must be filed on or before the date of final payment. Nothing in this
subdivision is intended to extend the time limit or supersede notice requirements
otherwise provided by contract for the filing of claims.
b. (1) For claims of less than fifty thousand dollars ($50,000), the City shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in
writing, within 30 days of receipt of the claim, any additional documentation
supporting the claim or relating to defenses to the claim the City may have against the
claimant.
(2) If additional information is thereafter required, it shall be requested and provided
pursuant to this subdivision, upon mutual agreement of the City and the claimant.
19
(3) The City’s written response to the claim, as further documented, shall be submitted
to the claimant within 15 days after receipt of the further documentation or within a
period of time no greater than that taken by the claimant in producing the additional
information, whichever is greater.
c. (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three
hundred seventy-five thousand dollars ($375,000), the City shall respond in writing to
all written claims within 60 days of receipt of the claim, or may request, in writing,
within 30 days of receipt of the claim, any additional documentation supporting the
claim or relating to defenses to the claim the City may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided
pursuant to this subdivision, upon mutual agreement of the City and the claimant.
(3) The City’s written response to the claim, as further documented, shall be submitted
to the claimant within 30 days after receipt of the further documentation, or within a
period of time no greater than that taken by the claimant in producing the additional
information or requested documentation, whichever is greater.
d. If the claimant disputes the City’s written response, or the City fails to respond within
the time prescribed, the claimant may so notify the City, in writing, either within 15
days of receipt of the City’s response or within 15 days of the City’s failure to respond
within the time prescribed, respectively, and demand an informal conference to meet
and confer for settlement of the issues in dispute. Upon a demand, the City shall
schedule a meet and confer conference within 30 days for settlement of the dispute.
e. Following the meet and confer conference, if the claim or any portion remains in
dispute, the claimant may file a claim as provided in Chapter 1 (commencing with
Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6
of Title 1 of the Government Code. For purposes of those provisions, the running of
the period of time within which a claim must be filed shall be tolled from the time the
claimant submits his or her written claim pursuant to subdivision (a) until the time that
claim is denied as a result of the meet and confer process, including any period of time
utilized by the meet and confer process.
f. This article does not apply to tort claims and nothing in this article is intended nor
shall be construed to change the time periods for filing tort claims or actions specified
by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with
Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
The following procedures are established for all civil actions filed to resolve claims subject to this
article:
8. Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the
court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of
both parties. The mediation process shall provide for the selection within 15 days by both
20
parties of a disinterested third person as mediator, shall be commenced within 30 days of the
submittal, and shall be concluded within 15 days from the commencement of the mediation
unless a time requirement is extended upon a good cause showing to the court or by stipulation
of both parties. If the parties fail to select a mediator within the 15-day period, any party may
petition the court to appoint the mediator.
9. (a) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant
to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil
Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4
(commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to
any proceeding brought under this subdivision consistent with the rules pertaining to judicial
arbitration.
(b) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators
appointed for purposes of this article shall be experienced in construction law, and, upon
stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable
hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid
equally by the parties, except in the case of arbitration where the arbitrator, for good cause,
determines a different division. In no event shall these fees or expenses be paid by state or
county funds.
(c) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the
Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de
novo but does not obtain a more favorable judgment shall, in addition to payment of costs and
fees under that chapter, pay the attorney’s fees of the other party arising out of the trial de
novo.
10. The court may, upon request by any party, order any witnesses to participate in the mediation
or arbitration process.
11. The City shall not fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
13. In any suit filed under Section 20104.4, the City shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a
court of law.
14. Pursuant to California Public Contract Code Section 7201, the City may not retain greater than
five (5%) percent of contract price.
Page 1 of 2
FEDERAL CONTRACT PROVISIONS (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer
Page 2 of 2
or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) 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 U.S.C. 6201). (I) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), “Debarment and Suspension.” The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (J) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (K) See § 200.322 Procurement (2 CFR 200) of recovered materials.
"General Decision Number: CA20200014 07/03/2020
Superseded General Decision Number: CA20190014
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Santa Barbara 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 $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 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 $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date 0 01/03/2020 1 01/10/2020 2 01/31/2020 3 03/06/2020 4 03/13/2020 5 04/17/2020 6 05/08/2020 7 05/15/2020 8 05/29/2020 9 07/03/2020
ASBE0005-002 09/01/2019
Rates Fringes
Page 1 of 26
https://beta.sam.gov/wage-determination/CA20200014/9?index=wd&keywords=&is_acti… 7/16/2020
Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems).....$ 43.77 22.48 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls)...........................$ 28.92 18.73 ---------------------------------------------------------------- ASBE0005-004 07/01/2019
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)....$ 20.63 12.17 ---------------------------------------------------------------- BOIL0092-003 03/01/2018
Rates Fringes
BOILERMAKER......................$ 44.07 33.52 ---------------------------------------------------------------- BRCA0004-003 05/01/2020
Rates Fringes
Bricklayer; Marble Setter........$ 41.83 17.51 ---------------------------------------------------------------- BRCA0018-008 06/01/2019
Rates Fringes
MARBLE FINISHER..................$ 33.43 14.11 TILE FINISHER....................$ 28.23 12.65 ---------------------------------------------------------------- BRCA0018-010 09/01/2018
Rates Fringes
TERRAZZO FINISHER................$ 31.25 13.41 TERRAZZO WORKER/SETTER...........$ 38.39 14.18 ---------------------------------------------------------------- BRCA0018-011 06/01/2019
Rates Fringes
Page 2 of 26
https://beta.sam.gov/wage-determination/CA20200014/9?index=wd&keywords=&is_acti… 7/16/2020
TILE LAYER.......................$ 40.07 18.36 ---------------------------------------------------------------- CARP0409-001 07/01/2018
Rates Fringes
CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer...................$ 41.84 19.17 (2) Millwright..............$ 42.91 19.17 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial)................$ 42.54 19.17 (4) Pneumatic Nailer, Power Stapler...............$ 40.09 19.17 (5) Sawfiler...............$ 39.83 19.17 (6) Scaffold Builder.......$ 31.60 19.17 (7) Table Power Saw Operator....................$ 40.93 19.17
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): $0.13 per hour additional.
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Diver (1) Wet.....................$ 712.48 17.03 (2) Standby.................$ 356.24 17.03 (3) Tender..................$ 348.24 17.03 (4) Assistant Tender........$ 324.24 17.03
Amounts in ""Rates' column are per day ---------------------------------------------------------------- CARP0409-005 07/01/2015
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Drywall DRYWALL INSTALLER/LATHER....$ 37.35 11.08 STOCKER/SCRAPPER............$ 10.00 7.17 ---------------------------------------------------------------- CARP0409-008 08/01/2010
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Modular Furniture Installer......$ 17.00 7.41 ---------------------------------------------------------------- ELEC0413-001 01/01/2020
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Electricians:....................$ 43.92 3%+20.53
CABLE SPLICERS: $2.00 additional per hour.
ALL WORK AT VANDENBERG AFB: $3.75 additional per hour.
FOOTNOTE: Work from trusses, swinging scaffolds, open ladders, scaffolds, bosun's chairs, stacks, or the maintenance of towers or open platforms where the worker is subject to a direct fall or where the worker has to work from a ladder or other support from a platform within 5 ft. of any direct fall a distance of 50 ft. from the ground floor or supporting structure: double the regular straight-time rate of pay. Safety nets, if used, will not invalidate this.
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COMMUNICATIONS AND SYSTEMS WORK
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Communications System Installer...................$ 36.72 3%+13.71
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, inventory control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. 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. Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package.
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ELEC1245-001 01/01/2020
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LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 58.09 19.74 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment)...........$ 46.40 18.55 (3) Groundman...............$ 35.47 18.17 (4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
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ELEVATOR MECHANIC................$ 57.40 34.765+a+b
FOOTNOTE: a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
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OPERATOR: Power Equipment (All Other Work) GROUP 1....................$ 45.30 25.25 GROUP 2....................$ 46.08 25.25 GROUP 3....................$ 46.37 25.25 GROUP 4....................$ 47.86 25.25 GROUP 5....................$ 48.96 25.25 GROUP 6....................$ 48.08 25.25 GROUP 8....................$ 48.19 25.25 GROUP 9....................$ 49.29 25.25 GROUP 10....................$ 48.31 25.25 GROUP 11....................$ 49.41 25.25 GROUP 12....................$ 48.48 25.25 GROUP 13....................$ 48.58 25.25 GROUP 14....................$ 48.61 25.25 GROUP 15....................$ 48.69 25.25 GROUP 16....................$ 48.81 25.25
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GROUP 17....................$ 48.98 25.25 GROUP 18....................$ 49.08 25.25 GROUP 19....................$ 49.19 25.25 GROUP 20....................$ 49.31 25.25 GROUP 21....................$ 49.48 25.25 GROUP 22....................$ 49.58 25.25 GROUP 23....................$ 49.69 25.25 GROUP 24....................$ 49.81 25.25 GROUP 25....................$ 49.98 25.25 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1....................$ 46.65 25.25 GROUP 2....................$ 47.43 25.25 GROUP 3....................$ 47.72 25.25 GROUP 4....................$ 47.86 25.25 GROUP 5....................$ 48.08 25.25 GROUP 6....................$ 48.19 25.25 GROUP 7....................$ 48.31 25.25 GROUP 8....................$ 48.48 25.25 GROUP 9....................$ 48.65 25.25 GROUP 10....................$ 49.65 25.25 GROUP 11....................$ 50.65 25.25 GROUP 12....................$ 51.65 25.25 GROUP 13....................$ 52.65 25.25 OPERATOR: Power Equipment (Tunnel Work) GROUP 1....................$ 47.15 25.25 GROUP 2....................$ 47.93 25.25 GROUP 3....................$ 48.22 25.25 GROUP 4....................$ 48.39 25.25 GROUP 5....................$ 48.58 25.25 GROUP 6....................$ 48.69 25.25 GROUP 7....................$ 48.81 25.25
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
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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 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);
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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 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
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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. 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
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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 - 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,
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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 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
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(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)
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
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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. 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
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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.
$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
---------------------------------------------------------------- ENGI0012-004 08/01/2015
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OPERATOR: Power Equipment (DREDGING) (1) Leverman................$ 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 ---------------------------------------------------------------- IRON0377-002 07/01/2019
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Ironworkers: Fence Erector...............$ 33.58 24.66 Ornamental, Reinforcing and Structural..............$ 40.00 33.30
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
---------------------------------------------------------------- * LABO0220-001 07/01/2020
Rates Fringes
LABORER (TUNNEL) GROUP 1.....................$ 42.54 21.04 GROUP 2.....................$ 42.86 21.04 GROUP 3.....................$ 43.32 21.04 GROUP 4.....................$ 44.01 21.04 LABORER GROUP 1.....................$ 36.39 21.04 GROUP 2.....................$ 36.94 21.04 GROUP 3.....................$ 37.49 21.04 GROUP 4.....................$ 39.04 21.04 GROUP 5.....................$ 39.39 21.04
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,
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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 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
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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, 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
---------------------------------------------------------------- * LABO0220-004 07/01/2020
Rates Fringes
Brick Tender.....................$ 34.00 19.77 ---------------------------------------------------------------- LABO0300-005 01/01/2018
Rates Fringes
Asbestos Removal Laborer.........$ 33.19 17.78
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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.
---------------------------------------------------------------- * LABO0345-001 07/01/2020
Rates Fringes
LABORER (GUNITE) GROUP 1.....................$ 45.05 19.62 GROUP 2.....................$ 44.10 19.62 GROUP 3.....................$ 40.56 19.62
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
---------------------------------------------------------------- LABO1184-001 07/01/2019
Rates Fringes
Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer...$ 36.70 15.05 (2) Vehicle Operator/Hauler.$ 36.87 15.05 (3) Horizontal Directional Drill Operator..............$ 38.72 15.05 (4) Electronic Tracking Locator.....................$ 40.72 15.05 Laborers: (STRIPING/SLURRY SEAL) GROUP 1.....................$ 37.91 18.06
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GROUP 2.....................$ 39.21 18.06 GROUP 3.....................$ 41.22 18.06 GROUP 4.....................$ 42.96 18.06
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
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
---------------------------------------------------------------- LABO1414-003 08/07/2019
Rates Fringes
LABORER PLASTER CLEAN-UP LABORER....$ 34.82 20.02 PLASTER TENDER..............$ 37.37 20.02
Work on a swing stage scaffold: $1.00 per hour additional.
Work at Military Bases - $3.00 additional per hour: Coronado Naval Amphibious Base, Fort Irwin, Marine Corps Air Station-29 Palms, Imperial Beach Naval Air Station, Marine Corps Logistics Supply Base, Marine Corps Pickle Meadows, Mountain Warfare Training Center, Naval Air Facility-Seeley, North Island Naval Air Station, Vandenberg AFB.
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PAIN0036-002 07/01/2019
Rates Fringes
Painters: (Including Lead Abatement) (1) Journeyman Painter......$ 30.04 16.03 (2) Repaint.................$ 25.40 15.87 (3) Iron & Steel............$ 32.12 16.03 (4) High Iron & Steel.......$ 34.12 16.03 (5) All Other Work..........$ 30.04 16.03
REPAINT: Repaint of any structure with the exception of work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities, tenant improvement work not included in conjunction with the construction of the building and all repainting of tenant improvement projects.
HIGH IRON & STEEL: Aerial towers, towers, radio towers, smoke stacks, flag poles (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
---------------------------------------------------------------- PAIN0036-008 10/01/2019
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 42.18 19.52 ---------------------------------------------------------------- PAIN0036-015 01/01/2020
Rates Fringes
GLAZIER..........................$ 43.45 23.39
FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
---------------------------------------------------------------- PAIN1247-002 01/01/2020
Rates Fringes
SOFT FLOOR LAYER.................$ 37.55 13.78 ---------------------------------------------------------------- PLAS0200-006 08/07/2019
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PLASTERER........................$ 43.73 16.03
VANDENBURG AFB: $3.00 additional per hour. ---------------------------------------------------------------- * PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91 ---------------------------------------------------------------- PLUM0016-004 09/01/2019
Rates Fringes
PLUMBER/PIPEFITTER Vandenburg Air Force Base...$ 55.88 23.66 Work ONLY on new additions and remodeling of bars, restaurants, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space.................$ 49.83 22.68 Work ONLY on strip malls, light commercial, tenant improvement and remodel work........................$ 38.05 21.01 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........................$ 51.38 23.66 ---------------------------------------------------------------- PLUM0345-001 09/01/2019
Rates Fringes
PLUMBER Landscape/Irrigation Fitter.$ 34.40 23.05 Sewer & Storm Drain Work....$ 38.49 20.43 ---------------------------------------------------------------- ROOF0036-002 08/01/2019
Rates Fringes
ROOFER...........................$ 39.52 17.47
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 $1.75 per
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hour ""pitch premium"" pay.
---------------------------------------------------------------- SFCA0669-014 04/01/2020
Rates Fringes
SPRINKLER FITTER.................$ 38.95 25.63 ---------------------------------------------------------------- SHEE0273-002 08/01/2019
Rates Fringes
SHEET METAL WORKER...............$ 45.48 30.05
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 07/01/2019
Rates Fringes
TRUCK DRIVER GROUP 1....................$ 31.59 29.59 GROUP 2....................$ 31.74 29.59 GROUP 3....................$ 31.87 29.59 GROUP 4....................$ 32.06 29.59 GROUP 5....................$ 32.09 29.59 GROUP 6....................$ 32.12 29.59 GROUP 7....................$ 32.37 29.59 GROUP 8....................$ 32.62 29.59 GROUP 9....................$ 32.82 29.59 GROUP 10....................$ 33.12 29.59 GROUP 11....................$ 33.62 29.59 GROUP 12....................$ 34.05 29.59
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
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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 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
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WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
================================================================
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information
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on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
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)).
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The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
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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.
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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.
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:
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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.
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END OF GENERAL DECISION"
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