HomeMy WebLinkAboutContract - 09/11/2024 - 2086 at
9/17/2024
Granite Construction Company
Attn:Joseph P. Richardson
38000 Monroe Street
Indio,CA 92203
Subject: NOTICE OF AWARD
BID NO,B23-60E
VARNER ROAD SAFETY IMPROVEMENTS
OP NO,8751
The City of Cathedral City has considered the bid submitted by Granite Construction Company for the
above-described work in response to its Invitation for Proposals released on July 31g,2024.
You are hereby notified that Granite Construction Company proposal has been accepted and awarded
at the City Council Meeting of September 11,2024 in the amount of$743,000.00.
You are required to execute the enclosed Agreement and furnish the required Bonds, Certificates of
Insurance,and Post Award Forms within ten (10)calendar days from the date of this Notice.
You are required to return an acknowledged copy of this Notice of Award to the City of Cathedral City.
Dated this 17th day of September of 2024.
CITY OF CATHEDRAL CITY—OWNER
I
Armando J.G. Baldizzone,P.E.—City Engineer
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged this the dayof
,20 .Granite Construction Company
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Name and Title of Signer(Please Type)
68700 Avenida Lebo Guerrero 6 Cathedral City,CA 92234 6(760) 770-0340
CONTRACT
THIS CONTRACT,by and between the CITY OF CATHEDRAL CITY,a municipal corporation,herein
referred to as"City,and GRANITE CONSTRUCTION COMPANY,herein referred to as,"Contractor."
WITNESSETH:
In consideration of their mutual covenants,the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation, and services for Bid
No.B24-60E,Project No.CIP 8751,FEDERAL AID Project NO.HSIPL-5430(035),VARNER ROAD SAFETY
IMPROVEMENTS (the "Work") in the City of Cathedral City, California. The Work shall be done in strict
conformity with this Contract, approved Change Orders, the Invitation to Bid dated July 31, 2024, Instructions to
Bidders, permits issued by the City or other agencies, the General and Specific Project Requirements, Standard
Specifications,Plans,Referenced Specifications,the General Conditions,Supplementary Conditions the Contractor's
Bid dated August 22,2024, and any addenda thereto(the"Contract Documents") all of which shall be considered a
part hereof as though fully set herein.
2. Contractor will comply with all Federal,State,County,and City of Cathedral City laws,regulations
and policies,which are,as amended from time to time,incorporated herein by reference.
3. All work shall be done in a workman like manner and to the satisfaction of the City Engineer.
4. Time is of the essence in Contractor's performance of the Work for this Contract. Contractor agrees
to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City.
Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work
completed within Sixty(60)calendar days from the date of Notification to Proceed.
5. In consideration of said Work,City agrees to pay Contractor such sums as shall be approved by the
City Engineer at lump sums and/or unit prices stated in the Contractor's Bid. The total compensation to Contractor
for all Work shall not exceed Seven Hundred Forty-Three Thousand Dollars($743,000). All payments shall be subject
to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in
the Contract Documents.
6. The Contractor, and any subcontractor engaged by Contractor, shall not pay less than the general
prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and
referred to in the Invitation to Bid,to any workman employed for the work to be performed under this contract; and
the Contractor shall forfeit as a penalty to the City up to Two Hundred Dollars($200.00) for each calendar day, or
fraction thereof,for every workman paid by Contractor or by any subcontractor engaged by Contractor,in violation
of this provision(Sections 1770-1777,Labor Code of California).
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety
satisfactory to City,as provided in the Contract Documents,the cost of which shall be paid by Contractor.
8. Contractor agrees to indemnify,hold harmless,release and defend(even if the allegations are false,
fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member
thereof, and its officers, employees, commission members and representatives, from any and all liability,loss, suits,
claims,damages,costs,judgments and expenses(including attorney's fees and costs of litigation)which in whole or
in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any
injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation,
professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with
the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury
(including death at any time) and damage to property (including, but without limitation, contract or tort or patent,
copyright,trade secret or trademark infringement)sustained by any person or persons(including,but not limited to,
companies,or corporations,Contractor and its employees or agents,and members of the general public.
9. Except as otherwise required, Contractor shall concurrently with the execution of this Contract,
furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the Contract
Agreement 1300-1
Documents. This insurance shall be kept in full force and effect by Contractor during this entire contract and all
premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30
days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish
evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the
statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation
laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration
of this Contract shall constitute a material breach of this Contract.
10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic
employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work
herein mentioned,for each calendar day during which such laborer,workman,or mechanic is required or permitted to
work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any
one calendar week,in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California.
11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny
the right of any individual to seek, obtain and hold employment without discrimination because of race, religious
creed, color, national origin, ancestry,physical disability, mental disability,medical condition, genetic information,
marital status, sex,gender, gender identity, gender expression, age, sexual orientation,or military and veteran status
as provided in the California Fair Employment Practice Act(Government Code Sections 12900,et seq.) Contractor
agrees that a fmding by the State Fair Employment Practices Commission that Contractor has engaged during the term
of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall
pay to City$500.00 liquidated damages for each such breach committed under this Contract.
12. Contractor also agrees that for contracts in excess of$30,000 that apprentices will be employed
without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft
involved(Sections 1777.5 and 1777.6,Labor Code of California), Contractors who willfully fail to comply will be
denied the right to bid on public projects for a period of six months in addition to other penalties provided by law.
13. The Contractor and Sub-Contractors shall comply with the Davis-Bacon Fair Labor Standards Act
(40 USC a-276 a-5), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5) and any
amendments thereof.The applicable wage rates,which are in effect within 10 days of the bid opening and are set forth
in Exhibit A to this Section 1300,shall be used. These wage rates are available from the Wage Determinations Online
website at: www.beta.sam.gov. In the event of a discrepancy between the rates set forth in Exhibit A to this Section
1300,the Prevailing rate established by the State Department of Industrial Relations,and the Federal Prevailing rates,
the higher of the rates will be used.
14. This Contract shall not be assignable by Contractor without the written consent of City.
15. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed
completed.
16. In accepting this Contract,Contractor certifies that no member or officer of the firm or corporation
is an officer or employee of the City except to the extent permitted by law.
17. Contractor certifies that it is the holder of any necessary California State Contractor's License and
authorized to undertake the Work. Contractor must, at Contractor's sole expense, obtain all necessary permits and
licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including,
without limitation,any business license tax imposed by City. Contractor represents and declares to Agency that it has
all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its
profession.
18. The City,or its authorized auditors or representatives,shall have access to and the right to audit and
reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to
which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under
the Contract or for other purposes relating to the Contract.
19. The Contractor shall maintain and preserve all such records for a period of at least three years after
termination of the Contract.
Agreement 1300-2
20. The Contractor shall maintain all such records in the City of Cathedral City. If not,the Contractor
shall,upon request,promptly deliver the records to the City or reimburse the City for all reasonable and extra costs
incurred in conducting the audit at a location other than at City offices including,but not limited to, such additional
(out of the City)expenses for personnel,salaries,private auditors,travel,lodging,meals and overhead.
21. In entering into this Contract or a contract with a subcontractor to supply goods, services, or
materials pursuant to this Contract,Contractor and any or subcontractor is deemed to have offered and agreed to assign
to City all rights,title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15
U.S.C. Sec. 15)or under the Cartwright Act(Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of
the California Business and Professions Code),arising from purchases of goods,services,or materials for the Contract.
This assignment will be deemed made and will become effective at the time City tenders fmal payment to Contractor,
without further acknowledgement by the Parties.
22. Required Contract Provisions for Federal Aid Construction Contracts (F A — 1273). This
Contract is funded with Federal-Aid Highway funds and is subject to provisions under Title 23 of the United States
Code(23 USC).As such,the Contractor agrees to the provisions titled"Required Contract Provisions for Federal Aid
Construction Contracts" set forth in Exhibit B to this Section 1300.Additionally,the Contractor agrees to insert the
provisions set forth in Exhibit B,unaltered,into each subcontract and further require their inclusion in all lower tier
subcontracts excluding purchase orders,rental agreements,and other agreements for supplies or services.
23. The Parties agree that, in accordance with the City's Electronic Signature Use Policy, adopted on
August 10,2023,and as amended thereafter,the Parties may use electronic signatures to execute this document.Any
use of electronic signatures to execute this document shall comply with the City's Electronic Signature Use Policy,
and such signatures shall have the same force and effect as if this Agreement were executed by hand. Signer
acknowledges that is has had an opportunity to request and review the City's Electronic Signature Use Policy, and
Signer agrees to comply with the Electronic Signature Use Policy. Signer agrees to indemnify,defend,and hold the
City harmless from any claim, damage, or liability associated with transmitting an electronic signature or an
electronically signed record by electronic transmission.
IN TNESS REOF,the parties have executed this Contract as of the dates stated below.
Agreement 1300-3
4 4
"CITY"
CITY OF CATHED" ' L CITY,
a California municipal corporation
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133 egt el ,, 4,'"--„,/ , ..(. If 1 t_ '—Dated:
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Charles McClendon
City Manager
ATTEST:
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Tracey R.1Igrmosillo,CMC,
City Clerk
APPROVED AS TO FO
Eric Vail,City Attorney
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Dated:
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Name: 41 J oScPM P. g tC.14,412T)Se.N
Title: R ei,8.0.41.. c u
[CONTRACTOR SIGNA ' S MUST BE NOT, • ZED. IF CONTRACTOR IS A CORPORATION OR
LIMITED LIABILITY COMPANY,TWO SIGNATURES MUST BE PROVIDED.]
Agreement 13004
GRANITE CONSTRUCTION COMPANY
CERTIFICATE OF SECRETARY
RESOLVED,that, effective April 9,2024 through December 31,2024,the individuals
named on the attached Exhibit 1 are authorized to negotiate, execute and/or attest electronic and
paper documents necessary for the conduct of the Company's affairs with respect to the
submission and execution of construction project bids,bid proposals,bid addenda and all other
bid-related documents prepared and submitted on behalf of the Company not to exceed $75
million,relating to any and all domestic construction projects arising out of the Company's
operations.
RESOLVED FURTHER,that, effective April 9,2024 through December 31,2024, the
individuals named on the attached Exhibit 2 are authorized to negotiate, execute and/or attest
electronic and paper documents necessary for the conduct of the Company's affairs with respect
to the submission and execution of construction project bids,bid proposals,bid addenda and all
other bid-related documents prepared and submitted on behalf of the Company in excess of$75
million,relating to any and all domestic construction projects arising out of the Company's
operations.
RESOLVED FURTHER,that, effective April 9,2024 through December 31,2024, the
individuals named on the attached Exhibit 1 and Exhibit 2 are authorized to negotiate, execute
and/or attest electronic and paper construction contract documents prepared and submitted on
behalf of the Company relating to domestic construction projects arising out of the Company's
operations.
RESOLVED FURTHER,that the authority provided for herein shall be in accordance with
applicable policies,procedures, and limits of authority previously approved and the Granite
Construction Incorporated Delegation of Authority and Policy then in effect.
I,M. Craig Hall, Secretary of GRANITE CONSTRUCTION COMPANY, a California
corporation(the"Company"),do hereby certify that the following is a true and correct copy of
resolutions duly adopted effective April 22,2024 by a Unanimous Written Consent of the Board
of Directors in accordance with the provisions of Article III, Section 9 of the Bylaws of the
Company; that the Directors acting were duly and regularly elected; and that the resolutions
adopted have not been repealed and are still in full force and effect:
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Dated: April 22,2024 4/ 6 • IQ t
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E IBIT 1
AUTHO ' ZED SIGNERS
Granite Construction Company
Desert Cities Region
AUTHO ' ZED SIGNERS
Bill Moore, VP Desert Cities Region
Ian Firth, District VP
Joseph P. Richardson, Regional Chief Estimator
Rudy Barela, Sr. Operations Finance Manager
Muin Mustafa, Project Executive
Todd Besant,Project Executive
ATTESTORS
Bill Moore,VP Desert Cities Region
Ian Firth, District VP
Joseph P. Richardson, Regional Chief Estimator
Rudy Barela, Sr. Operations Finance Manager
Muin Mustafa, Project Executive
Todd Besant,Project Executive
Kelli Osborn, Estimating Assistant
EXHIBIT 2
AUTHORIZED SIGNERS
Granite Construction Company
AUTHO' ZED SIGNERS
Kyle T. Larkin,President&CEO
Elizabeth L. Curtis,Executive Vice President
James A. Radich, Executive Vice President&Chief Operating Officer
Brian R. Dowd, Senior Vice President
Michael G. Tatusko, Senior Vice President
Bradley J. Williams, Senior Vice President
Bradley J. Estes, Senior Vice President
E I IBIT A TO CONTRACT
APPLICABLE WAGE ' • TES
"General Decision Number: CA20240025 08/09/2024
Superseded General Decision Number: CA20230025
State: California
Construction Types: Building, Heavy(Heavy and Dredging) and
Highway
County: Riverside County in California.
B I DING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
If the contract is entered I. Executive Order 14026
into on or after January 30, I generally applies to the
2022, or the contract is I contract.
renewed or extended(e.g., an I. The contractor must pay
option is exercised) on or I all covered workers at
after January 30, 2022: I least$17.20 per hour(or
the applicable wage rate I
listed on this wage
determination, if it is I
higher) for all hours I
spent performing on the
contract in 2024.
If the contract was awarded oni. Executive Order 13658 I
or between January 1, 2015 and' generally applies to the I
January 29, 2022, and the I contract.
contract is not renewed or I. The contractor must pay all'
Agreement 1300-5
extended on or after January I covered workers at least
30, 2022: I $12.90 per hour(or the
applicable wage rate listed!
on this wage determination,'
if it is higher) for all I
hours spent performing on
that contract in 2024. I
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2024
1 01/12/2024
2 01/19/2024
3 02/23/2024
4 03/08/2024
5 05/24/2024
6 06/28/2024
7 07/05/2024
8 07/12/2024
9 08/09/2024
AS I:E0005-002 09/01/2023
' ates Fringes
Asbestos orkers sulator
( dudes e application of
all insulating materials,
protective coverings,
coatings, and f .shes to all
types of mechanical systems) $ 49.58 25.27
Fire Stop Tec tici.
(Application of Firestopping
aterials for wall openings
Agreement 1300-6
and penetrations in walls,
floors, ceilings and curtain
walls) $ 36.97 20.36
ASBE0005-004 07/04/2022
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)....$23.52 13.37
BOIL0092-003 01/01/2024
Rates Fringes
BOILE" KER $ 51.98 42.11
* BRCA0004-011 05/01/2024
Rates Fringes
BRICKLAYER; ' :LE SETTER $ 45.53 20.29
*The wage scale for prevailing wage projects performed in
Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine
Palms,Needles and 1-15 corridor(Barstow to the Nevada
State Line)will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate
BRCA0018-004 06/01/2023
Rates Fringes
M ' :LE FINISHER $ 40.21 15.23
TILE FINISHER $ 34.78 13.64
TILE LAYER $ 48.29 19.18
Agreement 1300-7
BRCA0018-010 09/01/2023
Rates Fringes
TE' ' • ZO FINISHER $ 39.95 14.65
TE' ' • ZO WO' R/SETTER $ 47.85 15.14
C• " '0213-001 07/01/2021
Rates Fringes
C• ' 'ENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer $ 51.60 16.28
(2)Millwright $ 52.10 16.48
(3)Piledriverme s I errick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial) $ 51.73 16.28
(4) Pneumatic Nailer,
Power Stapler $ 51.85 16.28
(5) Sawfiler $ 51.69 16.28
(6) Scaffold Builder $ 42.80 16.28
(7) Table Power Saw
Operator $ 51.70 16.28
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.
CARP0213-002 07/01/2021
Rates Fringes
Diver
(1)Wet $ 834.40 16.28
Agreement 1300-8
,
(2) Standby $445.84 16.28
(3) Tender $ 437.84 16.28
(4)Assistant Tender $ 413.84 16.28
• • ounts in "Rates' col i are per day
C • ' '0213-004 07/01/2021
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 51.60 16.28
STOCKER/SC' • 'PER $ 22.16 8.62
CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer $21.85 7.15
ELEC0440-001 01/01/2024
Rates Fringes
ELECTRIC •
INSIDE ELECTRICI• $ 53.76 3%+27.50
INTELLIGENT TRANSPORTATION
SYSTEMS
Electrician $ 36.99 3%+23.18
Technician $ 27.75 3%+23.18
ZONE PAY: Zone A: Free travel zone for all contractors
performing work in Zone A.
Zone B:Any work performed in Zone (B) shall add$12.00 per
hour to the current wage scale. Zone (B) shall be the area
from the eastern perimeter of Zone (A)to a line which runs
north and south begininng at Little Morongo Canyon(San
Bernardino/Riverside County Line), Southeast along the
Coachella Tunnels, Colorado River Aqueduct and Mecca
Tunnels to P.• lam Wash then South to Box Canyon Road, then
southwest along Box Canyon Road to Highway 195 west onto
195 south to Highway 86 to Riverside/Imperial County Line.
ELEC1245-001 06/01/2024
Agreement 1300-9
Rates Fringes
L CONSTRUCTION
(1)Lineman; Cable splicer..$ 70.16 24.46
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment) $ 53.30 22.01
(3) Groundman $ 40.76 21.51
(4)Powderman $ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day,Veterans Day, Th. giving Day
and day after Thanksgiving, Christmas Day
ELEV0018-001 01/01/2024
Rates Fringes
ELEVATOR C •NIC $ 66.63 37.885+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8%of regular hourly
rate as vacation pay credit for employees with more than 5
years of service, and 6%for 6 months to 5 years of service.
b. P• II HOLIDAYS: New Year's Day,Memorial Day, Independence
Day, Labor Day, Veterans'Day, Thanksgiving Day, Friday
after Th. sgiving, and Christmas Day.
ENGI0012-004 08/01/2023
Rates Fringes
OPE' • TOR: Power Equipment
DG G)
(1)Leve 64.10 34.60
(2) Dredge dozer._......$ 58.13 34.60
(3)Dec ate..... .....$ 58.02 34.60
(4) inch operator(Ste
Agreement 1300-10
winch on dredge) $ 57.47 34.60
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand $ 56.93 34.60
(6) Barge Mate $ 57.54 34.60
ENGI0012-024 07/01/2023
Rates Fringes
OPE • TOR: Power Equipment
(All Other Work)
GROUP 1 $ 53.90 32.80
GROUP 2 $ 54.68 32.80
GROUP 3 $ 54.97 32.80
GROUP 4 $ 56.46 32.80
GROUP 6 $ 56.68 32.80
GROUP 8 $ 56.79 32.80
GROUP 10 $ 56.91 32.80
GROUP 12 $ 57.08 32.80
GROUP 13 $ 57.18 32.80
GROUP 14 $ 57.21 32.80
GROUP 15 $ 57.29 32.80
GROUP 16 $ 57.41 32.80
GROUP 17 $ 57.58 32.80
GROUP 18 $ 57.68 32.80
GROUP 19 $ 57.79 32.80
GROUP 20 $ 57.91 32.80
GROUP 21 $ 58.08 32.80
GROUP 22 $ 58.18 32.80
GROUP 23 $ 58.29 32.80
GROUP 24 $ 58.41 32.80
GROUP 25 $ 58.58 32.80
OPERATOR: Power Equipment
(Cranes, Piledriving&
Hoisting)
GROUP 1 $ 55.25 32.80
GROUP 2 $ 56.03 32.80
GROUP 3 $ 56.32 32.80
GROUP 4 $ 56.46 32.80
GROUP 5 $ 56.68 32.80
GROUP 6 $ 56.79 32.80
GROUP 7 $ 56.91 32.80
GROUP 8 $ 57.08 32.80
GROUP 9 $ 57.25 32.80
GROUP 10 $ 58.25 32.80
Agreement 1300-11
GROUP 11 $ 59.25 32.80
GROUP 12 $ 60.25 32.80
GROUP 13 $ 61.25 32.80
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1 $ 55.75 32.80
GROUP 2 $ 56.53 32.80
GROUP 3 $ 56.82 32.80
GROUP 4 $ 56.96 32.80
GROUP 5 $ 57.18 32.80
GROUP 6 $ 57.29 32.80
GROUP 7 $ 57.41 32.80
PREMIUM PAY:
$10.00 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 bed, lull or similar types wider 5 tons;
Generator operator; Generator,pump or compressor plant
operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator(nurse tank
operator);Coil Tubing Rig Operator, Concrete mixer
operator-skip type; Conveyor operator; Fireman; Forklift
operator(includes bed, 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
Agreement 1300-12
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);Direct Push
Operator(Geoprobe or similar types) 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 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
Agreement 1300-13
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator(power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer,tamper-scraper(single engine,
up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator(1
drum); Ultra high pressure waterjet cutting tool system
operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator(tamping or
finishing); Asphalt paving machine operator(Barber Greene
or similar type); Asphalt-rubber distribution operator;
Backhoe operator(up to and including 3/4 yd.), small ford,
Case or similar types; Cable Bundling Machine Operator
(excluding handheld); Cable Trenching Machine Operator
(Spider Plow or similar types)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); Pumperete gun operator; RCM Cementing Unit Operator,
Rail/Switch Grinder Operator(Harsco or similar types)
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
Agreement 1300-14
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 10: Drilling machine operator, Bucket or auger types
(Calweld 200 B bucket or similar types-Watson 3000 or 5000
auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105'maximum); Dual drum mixer,
dynamic compactor LDC350 (or similar types); Monorail
locomotive operator(diesel, gas or electric); Motor
patrol-blade operator(single engine); Multiple engine
tractor operator(Euclid and similar type-except Quad 9
cat.); Rubber-tired earth-moving equipment operator(single
engine, over 50 yds. struck); Pneumatic pipe ramming tool
and similar types; Prestressed wrapping machine operator;
Rubber-tired earth-moving equipment operator(single
engine, over 50 yds. struck); Rubber tired earth moving
equipment operator(multiple engine,Euclid, caterpillar
and similar over 25 yds. and up to 50 yds. struck), Tower
crane repairman; Tractor loader operator(crawler and wheel
type over 6-1/2 yds.); Woods mixer operator(and similar
Pugmill equipment)
GROUP 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,
Agreement 1300-15
up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator;
Remote-control earth-moving equipment operator(operating
a second piece of equipment: $1.00 per hour additional);
Wheel excavator operator(over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck); Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system(multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
over 50 yds. struck); Rubber-tired earth-moving equipment
operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck);
Tandem tractor operator(operating crawler type tractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator,
operating in tandem(scrapers,belly dumps and similar
types in any combination, excluding compaction units -
single engine,up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator(or similar types);
Rubber-tired earth-moving equipment operator, operating in
tandem(scrapers,belly dumps and similar types in any
combination, excluding compaction units - single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds.and up to and including 50
cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem(scrapers, belly dumps and
similar types in any combination, excluding compaction
units -multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator,
operating in tandem(scrapers, belly dumps and similar
Agreement 1300-16
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 e. -moving equipment operator,
operating equipment with the . dem 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
e. -moving equipment operator, operating with the tandem
push-pull system(multiple engine,up to and including 25
yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system(multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck);
Spyder Excavator Operator,with all attachments
C' • S, PILED' ING • HOISTING EQUIP NT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator(includes bed,
lull or similar types)
Agreement 1300-17
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.);
GROUP 11: Crane operator(over 100 tons and up to and
Agreement 1300-18
including 200 tons mrc); Derrick barge operator(over 100
tons up to and including 200 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc); Mobile tower crane operator
(over 100 tons up to and including 200 tons mrc) ; Tower
crane operator and tower gantry
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)
T L 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 • );
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( el); Pumperete operator; Tractor compressor
drill combination operator; Tugger hoist operator(2 drum);
Tunnel locomotive operator(over 30 tons)
Agreement 1300-19
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENG I ERS ZONES
$1.00 additional per hour for all of I 'E' • County and the
portions of KE' , ERSIDE & S • BE' • ' P NO 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 comer of Section 1, T17N,m R14E, San Bernardino
Meridian. Continue W in a straight line to that point which is
the SW corner of the northwest quarter of Section 6, T27S,
R42E, Mt. Diablo Meridian. Continue North to the intersection
with the Inyo County Boundary at that point which is the NE
corner of the western half of the northern quarter of Section
6, T25S, R42E, 11/M. 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 corner of T25S,
R32E,MDM. Continue S following R32E lines to the corner of
T31S,R32E, PM. Continue W to the corner of T31S, R31E,
MDM. Continue S to the SW corner of T32S, R31E, PM. Continue
W to SW corner of SE quarter of Section 34, T32S, R30E, 0 M.
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 Tls, 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
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
Agreement 1300-20
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 R3OW. Follow
the west side of R3OW, SBM to the SW corner of T9N, R3OW, SBM.
Continue E along the south edge of T9N, SBM to the Santa
Barbara County and Ventura County boundary at that point whch
is the SW corner of Section 34.T9N,R24W, SBM, continue S along
the Ventura County line to that point which is the SW corner of
the SE quarter of Section 32, T7N, R24W, SBM. Continue E
along the south edge of T7N, SBM to the SE corner to T7N, R21W,
SBM. Continue N along East side of R21W, SBM to Ventura County
and Kern County boundary at the NE corner of T8N, R21W.
Continue W along the Ventura County and Kern County boundary to
the SE corner of T9N, R21W. Continue North along the East edge
of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue
West along the north edge of T12N, SBM to the SE corner of
T32S, R21E,MDM. [T12N SBM is a think strip between T11N SBM
and T32S MDM]. Continue North along the East side of R21E, MDM
to the Kings County and Kern County border at the NE corner of
T25S, R21E, MDM, continue West along the Kings County and Kern
County Boundary until the intersection of San Luis Obispo
County. Continue west along the Kings County and San Luis
Obispo County boundary until the intersection with Monterey
County. Continue West along the Monterey County and San Luis
Obispo County boundary to the beginning point at the NW corner
of T25S, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counties and the
Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the
California state line at the point which is the center of
Agreement 1300-21
Section 17, T1ON,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 quarter of Section 2, T8S, R29E, I M.
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, PM.
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 quarter of
Section 6, T25S, R42E,MDM. Continue S to that point which is
the SW corner of the 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 corner of Section 1,
T17N, R14E, San Bernardino Meridian. Then continue along
the state line to the starting point, which is the center of
Section 18, T1ON,R22E, MDM.
RE • I ING • ' A NOT DEFINED ABOVE ' CIEVES BASE ' • TE
IRON0433-006 01/01/2024
Rates Fringes
IRO 0' R
Fence Erector $ 42.53 26.26
Ornamental,Reinforcing
and Structural $ 47.45 34.90
PREMIUM PAY:
$9.00 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
• y Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School-Monterey, Yermo Marine Corps
Logistics Center
Agreement 1300-22
Port Hueneme, Port Mugu, U.S. Coast Guard Station-Two Rock
* LAB00300-005 07/01/2024
Rates Fringes
Asbestos Removal Laborer $ 43.88 25.13
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.
LAB00345-001 07/01/2022
Rates Fringes
LABORER(GUNITE)
GROUP 1 $ 48.50 21.37
GROUP 2 $ 47.55 21.37
GROUP 3 $ 44.01 21.37
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
Agreement 1300-23
GROUP 2: Gunmen
GROUP 3: Reboundmen
LAB01184-001 07/01/2022
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1)Drilling Crew Laborer...$ 40.69 18.25
(2) Vehicle Operator/Hauler.$ 40.86 18.25
(3)Horizontal Directional
Drill Operator $ 42.71 18.25
(4)Electronic Tracking
Locator $ 44.71 18.25
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1 $41.90 21.32
GROUP 2 $ 43.20 21.32
GROUP 3 $ 45.21 21.32
GROUP 4 $ 46.95 21.32
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
Agreement 1300-24
(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
LAB01184-002 07/01/2022
Rates Fringes
LABORER(TUNNEL).
GROUP 1 $ 45.68 23.30
GROUP 2 $ 46.00 23.30
GROUP 3 $ 46.46 23.30
GROUP 4 $ 47.15 23.30
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,
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;
Agreement 1300-25
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
Agreement 1300-26
core cutter(walls, floors or ceilings), ti der 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 h er; Head rock
slinger; Laborer, asphalt-rubber distributor boot person;
Laser beam in connection with laborers'work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer
performing all services in the laying and installation of
pipe from the point of receiving pipe in the ditch until
completion of operation, including any and all forms of
tubular material,whether pipe, metallic or non-metallic,
conduit and any other stationary type of tubular device
used for the conveying of any substance or element, whether
water, sewage, solid gas, air, or other product whatsoever
and without regard to the nature of material from which the
tubular material is fabricated; No-joint pipe and stripping
of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing
and blasting of all powder and explosives of whatever type,
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
T L 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: Chucktender, cabletender; Loading and unloading
agitator cars; Vibrator person,jack hammer,pneumatic
tools (except driller); Bull gang mucker,track person;
Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller,powder person; Chemical grout jet
person; Cherry picker person; Grout s 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
Agreement 1300-27
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
LAB01184-004 07/01/2022
Rates Fringes
Brick Tender $ 37.32 21.45
LAB01414-001 08/03/2022
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 38.92 23.32
PLASTER TE ER $ 41.47 23.32
Work on a swing stage scaffold: $1.00 per hour additional.
P I 0036-001 07/01/2023
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint(excludes San
Diego County) $29.59 17.12
(2)All Other Work $ 38.52 18.64
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate
commercial establishments as part of hotel service, and
sports facilities.
P I 0036-008 09/01/2022
Rates Fringes
DRYWALL FINISHER/TAPER $46.28 23.52
Agreement 1300-28
P I 0036-015 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
PLAS0200-009 08/03/2022
Rates Fringes
PLASTERER $ 47.37 19.64
PLAS0500-002 07/01/2023
ates F ges
CE I NT SON/CONC TE F IS E ...$ 44.00 27.11
PLL t0016001 09/01/2023
ates Fringes
PL . IlE" I'EFITTE
ork ONLY on new additions
and rel odeling of la• s,
restaurant, stores • d
co r ercial buildings not
to exceed 5,000 sq. ft. of
oor space $ 53.51 25.28
York • Y on strip malls,
light commercial,tenant
improvement and remodel
work $ 42.49 23.86
All other work except work
on new additions • d
remodeling of bars,
restaur• t, stores . d
commercial buildings not
to exceed 5,000 sq. ft. of
oor space and work on
Agreement 1300-29
strip malls, light
commercial, tenant
improvement and remodel
work $ 57.18 26.51
PL 0345-001 09/01/2023
Rates Fringes
PL BER
Landscape/Irrigation Fitter.$ 40.20 25.90
Sewer& Storm Drain Work....$ 44.29 23.28
ROOF0036-002 08/13/2023
Rates Fringes
ROOFER $46.02 20.05
FOOTNOTE: Pitch premium: Work on which employees are exposed
to pitch fumes or required to handle pitch,pitch base or
pitch impregnated products, or any material containing coal
tar pitch, the entire roofing crew shall receive$1.75 per
hour""pitch premium" pay.
SFCA0669-002 01/01/2024
Rates Fringes
SP' I ER FITTER $45.31 27.91
SHEE0105-003 07/01/2024
LOS A GELES (South of a straight line drawn between Gorman and
Big Pines)and Catalina Island, INYO, KB' (Northeast part, East
of Hwy 395), MONO ORANGE, ' RSIDE, A b S• BERN A INO CO TIES
Rates Fringes
SHEET METAL WO' R
(1) Commercial -New
Construction and Remodel
work $ 59.40 30.34
(2)Industrial work
Agreement 1300-30
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 56.95 30.04
TE 0011-002 07/01/2023
Rates Fringes
TRUCK D' R
GROUP 1 $ 38.19 33.69
GROUP 2 $ 38.34 33.69
GROUP 3 $ 38.47 33.69
GROUP 4 $ 38.66 33.69
GROUP 5 $ 38.69 33.69
GROUP 6 $ 38.72 33.69
GROUP 7 $ 38.97 33.69
GROUP 8 $ 39.22 33.69
GROUP 9 $ 39.42 33.69
GROUP 10 $ 39.72 33.69
GROUP 11 $ 40.22 33.69
GROUP 12 $ 40.65 33.69
WO' ON ALL MILIT 'Y BASES:
PREM 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 D' RS 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
Agreement 1300-31
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.; Dumperete
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; Dumperete 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
LDERS -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
Agreement 1300-32
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO,the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member(or person who is
like family to the employee)who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member(or person who is
like family to the employee)who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
The body of each wage determination lists the 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
Agreement 1300-33
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement(CBA)governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100%of the data reported for the
classifications was union data. E I'LE: 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.
State Adopted Rate Identifiers
Agreement 1300-34
Classifications listed under the ""SA"" identifier indicate that
the prevailing wage rate set by a state(or local)government
was adopted under 29 C.F.R §1.3(g)-(h). Example: SAME2023-007
01/03/2024. SA reflects that the rates are state adopted. ME
refers to the State of Maine. 2023 is the year during which the
state completed the survey on which the listed classifications
and rates are based. The next number, 007 in the example, is an
internal number used in producing the wage determination.
01/03/2024 reflects the date on which the classifications and
rates under the ?SA? identifier took effect under state law in
the state from which the rates were adopted.
WAGE DETERMINATION APPEALS PROCESS
1.)Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate)ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis-Bacon survey program. If the response from this
initial contact is not satisfactory,then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue,N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party(those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
Agreement 1300-35
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Dep •ent 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.
E i OF GENE' • DECISION"
Agreement 1300-36
EXHIBIT B TO CONTRACT
REQUIRED CONTRACT PROVISIONS FHWA-1273—Revised October 23,2023
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination performed on the contract by the contractor's own organization
III. Non-segregated Facilities and with the assistance of workers under the contractor's
IV. Davis-Bacon and Related Act Provisions immediate superintendence and to all work performed on the
V. Contract Work Hours and Safety Standards Act contract by piecework,station work,or by subcontract. 23 CFR
Provisions 633.102(d).
VI. Subletting or Assigning the Contract
VII. Safety:Accident Prevention 3.A breach of any of the stipulations contained in these Required
VIII. False Statements Concerning Highway Projects Contract Provisions may be sufficient grounds for withholding
IX. Implementation of Clean Air Act and Federal Water of progress payments, withholding of final payment,
Pollution Control Act termination of the contract, suspension /debarment or any
X. Certification Regarding Debarment,Suspension, other action determined to be appropriate by the contracting
Ineligibility and Voluntary Exclusion agency and FHWA.
Xl. Certification Regarding Use of Contract Funds for
Lobbying 4.Selection of Labor:During the performance of this contract,the
XII. Use of United States-Flag Vessels: contractor shall not use convict labor for any purpose within the
limits of a construction project on a Federal-aid highway unless
it is labor performed by convicts who are on parole,supervised
ATTACHMENTS release,or probation. 23 U.S.C.114(b).The term Federal-aid
highway does not include roadways functionally classified as
A. Employment and Materials Preference for Appalachian local roads or rural minor collectors.23 U.S.C.101(a).
Development Highway System or Appalachian Local Access
Road Contracts(included in Appalachian contracts only) II.NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230,Subpart A,Appendix A;EO 11246)
I. GENERAL The provisions of this section related to 23 CFR Part 230,Subpart
A, Appendix A are applicable to all Federal-aid construction
1.Form FHWA-1273 must be physically incorporated in each contracts and to all related construction subcontracts of$10,000
construction contract funded under title 23, United States or more.The provisions of 23 CFR Part 230 are not applicable to
Code,as required in 23 CFR 633.102(b)(excluding emergency material supply,engineering,or architectural service contracts.
contracts solely intended for debris removal). The contractor
In addition, the contractor and all subcontractors must comply
(or subcontractor) must insert this form in each subcontract
with the following policies: Executive Order 11246,41 CFR Part
and further require its inclusion in all lower tier subcontracts
(excluding purchase orders, rental agreements and other 60,29 CFR Parts 1625-1627,23 U.S.C. 140,Section 504
agreements for supplies or services).23 CFR 633.102(e). of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794),
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
The applicable requirements of Form FHWA-1273 are 2000d et seq.), and related regulations including 49 CFR Parts
incorporated by reference for work done under any purchase 21,26,and 27;and 23 CFR Parts 200,230,and 633.
order, rental agreement or agreement for other services. The
The contractor and all subcontractors must comply with: the
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider. 23 requirements of the Equal Opportunity Clause in 41 CFR 60-
CFR 633.102(e). 1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Form FHWA-1273 must be included in all Federal-aid design-
Construction Contract Specifications in 41 CFR 60-4.3.
build contracts, in all subcontracts and in lower tier subcontracts
Note: The U.S. Department of Labor has exclusive authority to
(excluding subcontracts for design services, purchase orders,
rental agreements and other agreements for supplies or services) determine compliance with Executive Order 11246 and the
in accordance with 23 CFR 633.102.The design-builder shall be policies of the Secretary of Labor including 41 CFR Part 60,and
responsible for compliance by any subcontractor, lower-tier 29 CFR Parts 1625-1627. The contracting agency and the
subcontractor or service provider. FHWA have the authority and the responsibility to ensure
compliance with 23 U.S.C.140,Section 504 of the Rehabilitation
Contracting agencies may reference Form FHWA-1273 in Act of 1973,as amended(29 U.S.C.794),and Title VI of the Civil
solicitation-for-bids or request-for-proposals documents, Rights Act of 1964,as amended(42 U.S.C.2000d et seq.),and
however,the Form FHWA-1273 must be physically incorporated related regulations including 49 CFR Parts 21,26,and 27;and 23
(not referenced) in all contracts, subcontracts and lower-tier CFR Parts 200,230,and 633.
subcontracts(excluding purchase orders,rental agreements and
The following provision is adopted from 23 CFR Part 230,
other agreements for supplies or services related to a
construction contract).23 CFR 633.102(b). Subpart A,Appendix A,with appropriate revisions to conform to
the U.S. Department of Labor (US DOL) and FHWA
2.Subject to the applicability criteria noted in the following requirements.
sections,these contract provisions shall apply to all work
Agreement 1300-31
d. Notices and posters setting forth the contractor's EEO
1.Equal Employment Opportunity: Equal Employment policy will be placed in areas readily accessible to employees,
Opportunity(EEO)requirements not to discriminate and to take applicants for employment and potential employees.
affirmative action to assure equal opportunity as set forth under
laws,executive orders,rules,regulations(see 28 CFR Part 35, e. The contractor's EEO policy and the procedures to
29 CFR Part 1630,29 CFR Parts 1625-1627,41 CFR Part 60 implement such policy will be brought to the attention of
and 49 CFR Part 27)and orders of the Secretary of Labor as employees by means of meetings,employee handbooks,or
modified by the provisions prescribed herein, and imposed other appropriate means.
pursuant to 23 U.S.C. 140, shall constitute the EEO and
specific affirmative action standards for the contractor's project 4.Recruitment:When advertising for employees,the contractor
activities under this contract. The provisions of the Americans will include in all advertisements for employees the notation:
with Disabilities Act of 1990(42 U.S.C.12101 et seq.)set forth "An Equal Opportunity Employer."All such advertisements will
under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated be placed in publications having a large circulation among
by reference in this contract. In the execution of this contract, minorities and women in the area from which the project work
the contractor agrees to comply with the following minimum force would normally be derived.
specific requirement activities of EEO:
a. The contractor will, unless precluded by a valid
a.The contractor will work with the contracting agency and bargaining agreement, conduct systematic and direct
the Federal Government to ensure that it has made every good recruitment through public and private employee referral
faith effort to provide equal opportunity with respect to all of its sources likely to yield qualified minorities and women. To
terms and conditions of employment and in their review of meet this requirement,the contractor will identify sources of
activities under the contract.23 CFR 230.409(g)(4)&(5). potential minority group employees and establish with such
identified sources procedures whereby minority and women
b.The contractor will accept as its operating policy the applicants may be referred to the contractor for employment
following statement: consideration.
"It is the policy of this Company to assure that applicants are b. In the event the contractor has a valid bargaining
employed,and that employees are treated during employment, agreement providing for exclusive hiring hall referrals, the
without regard to their race, religion, sex, sexual orientation, contractor is expected to observe the provisions of that
gender identity, color, national origin, age or disability. Such agreement to the extent that the system meets thecontractor's
action shall include: employment, upgrading, demotion, or compliance with EEO contract provisions. Where
transfer; recruitment or recruitment advertising; layoff or implementation of such an agreement has the effect of
termination; rates of pay or other forms of compensation; and discriminating against minorities or women, or obligates the
selection for training, including apprenticeship, pre- contractor to do the same, such implementation violates
apprenticeship,and/or on-the-job training." Federal nondiscrimination provisions.
2.EEO Officer:The contractor will designate and make known to c. The contractor will encourage its present employees to
the contracting officers an EEO Officer who will have the refer minorities and women as applicants for employment.
responsibility for and must be capable of effectively Information and procedures with regard to referring such
administering and promoting an active EEO program and who applicants will be discussed withemployees.
must be assigned adequate authority and responsibility to do
so. 5.Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered,and
3.Dissemination of Policy:All members of the contractor's staff personnel actions of every type, including hiring, upgrading,
who are authorized to hire,supervise,promote,and discharge promotion,transfer,demotion,layoff,and termination,shall be
employees, or who recommend such action or are taken without regard to race, color, religion, sex, sexual
substantially involved in such action, will be made fully orientation, gender identity, national origin, age or disability.
cognizant of and will implement the contractor's EEO policy The following procedures shall befollowed:
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above a. The contractor will conduct periodic inspections of project
agreement will be met,the following actions will be taken as a sites to ensure that working conditions and employee facilities
minimum: do not indicate discriminatory treatment of project site
personnel.
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then b. The contractor will periodically evaluate the spread of
not less often than once every six months, at which time the wages paid within each classification to determine any
contractor's EEO policy and its implementation will be reviewed evidence of discriminatory wage practices.
and explained. The meetings will be conducted by the EEO
Officer or other knowledgeable company official. c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
b. All new supervisory or personnel office employees will be discrimination. Where evidence is found, the contractor will
given a thorough indoctrination by the EEO Officer,covering all promptly take corrective action. If the review indicates that the
major aspects of the contractor's EEO obligations within thirty discrimination may extend beyond the actions reviewed, such
days following their reporting for duty with the contractor. corrective action shall include all affected persons.
C. All personnel who are engaged in direct recruitment for d. The contractor will promptly investigate all complaints of
the project will be instructed by the EEO Officer in the alleged discrimination made to the contractor in connection
contractor's procedures for locating and hiring minorities and with its obligations under this contract,will attempt to resolve
women, such complaints,and will take appropriate corrective action
Agreement 1300-32
within a reasonable time. If the investigation indicates that the sufficient referrals (even though it is obligated to provide
discrimination may affect persons other than the complainant, exclusive referrals under the terms of a collective bargaining
such corrective action shall include such other persons. Upon agreement) does not relieve the contractor from the
completion of each investigation,the contractor will inform every requirements of this paragraph. In the event the union referral
complainant of all of their avenues of appeal. practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
6.Training and Promotion: special provisions, such contractor shall immediately notify the
contracting agency.
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are 8.Reasonable Accommodation for Applicants / Employees
applicants for employment or current employees.Such efforts with Disabilities: The contractor must be familiar with the
should be aimed at developing full journey level status requirements for and comply with the Americans with
employees in the type of trade or job classification involved. Disabilities Act and all rules and regulations established
thereunder. Employers must provide reasonable
b. Consistent with the contractor's work force requirements accommodation in all employment activities unless to do so
and as permissible under Federal and State regulations, the would cause an undue hardship.
contractor shall make full use of training programs (i.e.,
apprenticeship and on-the-job training programs for the 9.Selection of Subcontractors,Procurement of Materials and
geographical area of contract performance). In the event a Leasing of Equipment: The contractor shall not discriminate
on the grounds of race,color,religion,sex,sexual orientation,
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the gender identity,national origin,age,or disability in the selection
special provision. The contracting agency may reserve and retention of subcontractors, including procurement of
materials and leases of equipment.The contractor shall take all
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C.140(a). necessary and reasonable steps to ensure nondiscrimination in
the administration of this contract.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance a. The contractor shall notify all potential subcontractors,
requirements for each. suppliers, and lessors of their EEO obligations under this
contract.
d. The contractor will periodically review the training and
b. The contractor will use good faith efforts to ensure
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for subcontractor compliance with their EEOobligations.
such training and promotion.
7.Unions:If the contractor relies in whole or in part upon unions 10. Assurances Required:
as a source of employees,the contractor will use good faith
efforts to obtain the cooperation of such unions to increase a. The requirements of 49 CFR Part 26 and the State
opportunities for minorities and women.23 CFR DOT's FHWA-approved Disadvantaged Business Enterprise
230.409. Actions by the contractor, either directly or through a (DBE)program are incorporated by reference,
contractor's association acting as agent, will include the
procedures set forth below: b. The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race,color, national origin, or sex
a. The contractor will use good faith efforts to develop, in in the performance of this contract.The contractor shall carry
out applicable requirements of 49 CFR part 26 in the award and
cooperation with the unions, joint training programs aimed
administration of DOT-assisted contracts. Failure by the
toward qualifying more minorities and women for membership
contractor to carry out these requirements is a material breach
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment. of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
b. The contractor will use good faith efforts to incorporate an appropriate,which may include,but is not limited to:
EEO clause into each union agreement to the end that such (1)Withholding monthly progress payments;
union will be contractually bound to refer applicants without (2)Assessing sanctions;
regard to their race, color, religion, sex, sexual orientation, (3)Liquidated damages;and/or
(4)Disqualifying the contractor from future bidding as gender identity,national origin,age,or disability.
non-
responsible.
c. The Title VI and nondiscrimination provisions of U.S.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the DOT Order 1050.2A at Appendixes A and E are incorporated
extent such information is within the exclusive possession of by reference. 49 CFR Part 21.
the labor union and such labor union refuses to furnish such
information to the contractor,the contractor shall so certify to 11. Records and Reports:The contractor shall keep such
records as necessary to document compliance with the EEO
the contracting agency and shall set forth what efforts have
been made to obtain such information. requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
d. In the event the union is unable to provide the contractor contractor for all contract work and shall be available at
with a reasonable flow of referrals within the time limit set forth reasonable times and places for inspection by authorized
in the collective bargaining agreement, the contractor will, representatives of the contracting agency and the FHWA.
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, sexual a. The records kept by the contractor shall documentthe
orientation, gender identity, national origin, age, or disability; following:
making full efforts to obtain qualified and/or qualifiable
minorities and women.The failure of a union to provide
Agreement 1300-33
(1)The number and work hours of minority and non- Projects funded under 23 U.S.C. 117, and National Highway
minority group members and women employed in each work Freight Program projects funded under 23 U.S.C.167.
classification on the project;
The following provisions are from the U.S.Department of Labor
(2)The progress and efforts being made in cooperation regulations in 29 CFR 5.5 'Contract provisions and related
with unions, when applicable, to increase employment matters" with minor revisions to conform to the FHWA- 1273
opportunities for minorities and women;and format and FHWA program requirements.
(3)The progress and efforts being made in locating,hiring,
training,qualifying,and upgrading minorities and women. 1. Minimum wages(29 CFR 5.5)
b. The contractors and subcontractors will submit an annual a.Wage rates and fringe benefits.All laborers and mechanics
report to the contracting agency each July for the duration of the employed or working upon the site of the work (or otherwise
project indicating the number of minority, women, and non- working in construction or development of the project under a
minority group employees currently engaged in each work development statute),will be paid unconditionally and not less
classification required by the contract work.This information Is often than once a week,and without subsequent deduction or
to be reported on Farm FHWA-1391.The staffing data should rebate on any account(except such payroll deductions as are
represent the project work force on board in all or any part of permitted by regulations issued by the Secretary of Labor under
the last payroll period preceding the end of July. If on-the-job the Copeland Act (29 CFR part 3)), the full amount of basic
training is being required by special provision,the contractor will hourly wages and bona fide fringe benefits(or cash equivalents
be required to collect and report training data.The employment thereof)due at time of payment computed at rates not less than
data should reflect the work force on board during all or any part those contained in the wage determination of the Secretary of
of the last payroll period preceding the end of July. Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged
to exist between the contractor and such laborers and
III.NONSEGREGATED FACILITIES mechanics. As provided in paragraphs (d)and(e)of 29 CFR
5.5, the appropriate wage determinations are effective by
This provision is applicable to all Federal-aid construction operation of law even if they have not been attached to the
contracts and to all related construction subcontracts of more contract.Contributions made or costs reasonably anticipated for
than$10,000. 41 CFR 60-1.5. bona fide fringe benefits under the Davis-Bacon Act(40 U.S.C.
3141(2)j ))on behalf of laborers or mechanics are considered
As prescribed by 41 CFR 60-1.8,the contractor must ensure that wages paid to such laborers or mechanics, subject to the
facilities provided for employees are provided in such a manner provisions of paragraph 1.e. of this section; also, regular
that segregation on the basis of race,color,religion,sex,sexual contributions made or costs incurred for more than a weekly
orientation, gender identity,or national origin cannot result. The period(but not less often than quarterly)under plans,funds,or
contractor may neither require such segregated use by written or programs which cover the particular weekly period,are deemed
oral policies nor tolerate such use by employee custom. The to be constructively made or incurred during such weekly
contractor's obligation extends further to ensure that its period. Such laborers and mechanics must be paid the
employees are not assigned to perform their services at any appropriate wage rate and fringe benefits on the wage
location under the contractor's control where the facilities are determination for the classification(s) of work actually
segregated. The term "facilities" includes waiting rooms, work performed, without regard to skill, except as provided in
areas,restaurants and other eating areas,time clocks,restrooms, paragraph 4.of this section.Laborers or mechanics performing
washrooms, locker rooms and other storage or dressing areas, work in more than one classification may be compensated at
parking lots,drinking fountains,recreation or entertainment areas, the rate specified for each classification for the time actually
transportation, and housing provided for employees. The worked therein: Provided, That the employer's payroll records
contractor shall provide separate or single-user restrooms and accurately set forth the time spent in each classification in which
necessary dressing or sleeping areas to assure privacy between work is performed. The wage determination (including any
sexes. additional classifications and wage rates conformed under
paragraph 1.c. of this section) and the Davis-Bacon poster
(WH-1321)must be posted at all times by the contractor and its
IV. DAVIS-BACON AND RELATED ACT PROVISIONS subcontractors at the site of the work in a prominent and
accessible place where it can be easily...con by the workers.
This section is applicable to all Federal-aid construction projects
exceeding$2,000 and to all related subcontracts and lower-tier b.Frequently recurring classifications.(1)In addition to wage
subcontracts (regardless of subcontract size), in accordance and fringe benefit rates that have been determined to be
with 29 CFR 5.5.The requirements apply to all projects located prevailing under the procedures set forth in 29 CFRJ art 1, a
within the right-of-way of a roadway that is functionally classified wage determination may contain,pursuant to§1.3(f),wage and
as Federal-aid highway.23 U.S.C.113.This excludes roadways fringe benefit rates for classifications of laborers and mechanics
functionally classified as local roads or rural minor collectors, for which conformance requests are regularly submitted
which are exempt.23 U.S.C.101. pursuant to paragraph 1.c.of this section,provided that:
Where applicable law requires that projects be treated as a project
on a Federal-aid highway,the provisions of this subpart will apply
regardless of the location of the project. Examples include: (i)The work performed by the classification is not
performed by a classification
Surface Transportation Block Grant Program projects funded in the wage determination for
under 23 U.S.C. 133 [excluding recreational trails projects], the which a prevailing wage rate has been determined;
Nationally Significant Freight and Highway
Agreement 1300-34
(ii)The classification is used in the area by the under paragraphs 1.c.(3)and (4)of this section.The contractor
construction industry;and must furnish a written copy of such determination to each affected
worker or it must be posted as a part of the wage determination.
The wage rate (including fringe benefits where appropriate)
(iii)The wage rate for the classification bears a reasonable determined pursuant to paragraph 1.c.(3) or(4)of this section
relationship to the prevailing wage rates contained in the must be paid to all workers performing work in the classification
wage determination, under this contract from the first day on which work is performed
in the classification.
(2) The Administrator will establish wage rates for such
classifications in accordance with paragraph 1.c.(1)(iii)of this d.Fringe benefits not expressed as an hourly rate.
section.Work performed in such a classification must be paid at Whenever the minimum wage rate prescribed inthe contract
no less than the wage and fringe benefit rate listed on the wage for a class of laborers or mechanics includes a fringe benefit
determination for such classification. which is not expressed as an hourly rate,the contractor may
either pay the benefit as stated in the wage determination or
c.Conformance.(1)The contracting officer must require that may pay another bona fide fringe benefit or an hourly cash
any class of laborers or mechanics,including helpers,which is equivalent thereof.
not listed in the wage determination and which is to be
employed under the contract be classified in conformance with e. Unfunded plans.If the contractor does not make payments
the wage determination. Conformance of an additional to a trustee or other third person,the contractor may consider
classification and wage rate and fringe benefits is appropriate as part of the wages of any laborer or mechanic the amount of
only when the following criteria have been met: any costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program,Provided,That the Secretary
(i)The work to be performed by the classificationof Labor has found,upon the written request of the contractor,
requested is not performed by a classification in the wage in accordance with the criteria set forth in
determination;and §5.28, that the applicable standards of the Davis-Bacon Act
have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the
(ii)The classification is used in the area by the meeting of obligations under the plan or program.
construction industry;and
f.Interest. in the event of a failure to pay all or part of the
(iii)The proposed wage rate,including any bona fide fringe wages required by the contract,the contractor will be required
benefits, bears a reasonable relationship to the wage rates to pay interest on any underpayment of wages.
contained in the wage deterrnination.
2. Withholding(29 CFR 5.5)
(2)The conformance process may not be used to split,
subdivide,or otherwise avoid application of classifications a. Withholding requirements. The contracting agency may,
listed in the wage determination. upon its own action, or must, upon written request of an
authorized representative of the Department of Labor,withhold
(3)If the contractor and the laborers and mechanics to be or cause to be withheld from the contractor so much of the
employed in the classification (if known), or their accrued payments or advances as may be considered
representatives, and the contracting officer agree on the necessary to satisfy the liabilities of the prime contractor or any
classification and wage rate(including the amount designated subcontractor for the full amount of wages and monetary relief,
for fringe benefits where appropriate), a report of the action including interest, required by the clauses set forth in this
taken will be sent by the contracting officer by email to section for violations of this contract, or to satisfy any such
DBAconfar: —, o!,c/o v. The Administrator, or an liabilities required by any other Federal contract, or federally
authorized representative,will approve, modify,or disapprove assisted contract subject to Davis-Bacon labor standards,that
every additional classification action within 30 days of receipt is held by the same prime contractor(as defined in§5.2).The
and so advise the contracting officer or will notify the contracting necessary funds may be withheld from the contractor under this
officer within the 30-day period that additional time is contract, any other Federal contract with the same prime
necessary. contractor, or any other federally assisted contract that is
subject to Davis-Bacon labor standards requirements and is
(4)In the event the contractor,the laborers or mechanics to held by the same prime contractor, regardless of whether the
be employed in the classification or their representatives,and other contract was awarded or assisted by the same agency,
the contracting officer do not agree on the proposed and such funds may be used to satisfy the contractor liability for
classification and wage rate(including the amount designated which the funds were withheld. In the event of a contractor's
for fringe benefits, where appropriate), the contracting officer failure to pay any laborer or mechanic,including any apprentice
will, by email to 7Ararafrrnracslwfa refer the or helper working on the site of the work all or part of the wages
questions, including the views of all interested parties and the required by the contract, or upon the contractors failure to
recommendation of the contracting officer,to the Administrator submit the required records as discussed in paragraph 3.d.of
for determination. The Administrator, or an authorized this section,the contracting agency may on its own initiative and
representative, will issue a determination within 30 days of after written notice to the contractor,take such action as may
receipt and so advise the contracting officer or will notify the be necessary to cause the suspension of any further payment,
contracting officer within the 30-day period that additional time advance, or guarantee of funds until such violations have
is necessary. ceased.
(5)The contracting officer must promptly notify the b.Priority to withheld funds.The Department has priority to
contractor of the action taken by the Wage and Hour Division funds withheld or to be withheld in accordance with paragraph
Agreement 1300-35
agency.The prime contractor is responsible for the submission of
2.a. of this section or Section V. paragraph 3.a.,or both, over
claims to those funds by: all certified payrolls by all subcontractors.A contracting agency
or prime contractor may permit or require contractors to submit
certified payrolls through an electronic system, as long as the
(1)A contractor's surety(ies),including without limitation electronic system requires a legally valid electronic signature;the
performance bond sureties and payment bond sureties; system allows the contractor, the contracting agency, and the
Department of Labor to access the certified payrolls upon request
for at least 3 years after the work on the prime contract has been
(2)A contracting agency for its reprocurementcosts;
completed; and the contracting agency or prime contractor
permits other methods of submission in situations where the
(3)A trustee(s) (either a court-appointed trustee or a U.S. contractor Is unable or limited in its ability to use or access the
trustee,or both)in bankruptcy of a contractor,or a contractor's electronic system.
bankruptcy estate;
(2)Information required.The certified payrolls submitted must
(4)A contractor's assignee(s); set out accurately and completely all of the information required
to be maintained under paragraph 3.a.(2)of this section,except
that full Social Security numbers and last known addresses,
(5)A contractor's successor(s);or telephone numbers,and email addresses must not be included
on weekly transmittals.Instead,the certified payrolls need only
(6)A claim asserted under the Prompt Payment Act,31 include an individually identifying number for each worker(e.g.,
U.S.0 3901-3907. the last four digits of the worker's Social Security number).The
required weekly certified payroll information may be submitted
using Optional Form WH-347 or in any other format desired.
3.Records and certified payrolls(29 CFR 5.5) Optional Form WH-347 is available for this purpose from the
Wage and Hour Division website at
a.Basic record requirements(1)Length of record retention. http /www,dagov/site,s/dolgov/files,WHD/
All regular payrolls and other basic records must be maintained leclacyltiles/wh347/pdf or its successor website. It is not a
by the contractor and any subcontractor during the course of violation of this section for a prime contractor to require a
the work and preserved for all laborers and mechanics working subcontractor to provide full Social Security numbers and last
at the site of the work(or otherwise working in construction or known addresses,telephone numbers,and email addresses to
development of the project under a development statute)for a the prime contractor for its own records, without weekly
period of at least 3 years after all the work on the prime contract submission by the subcontractor to the contracting agency.
is completed.
(3)Statement of Compliance. Each certified payroll
(2)Information required. Such records must contain the submitted must be accompanied by a -Statement of
name;Social Security number;last known address,telephone Compliance,"signed by the contractor or subcontractor,or the
number,and email address of each such worker;each worker's contractor's or subcontractor's agent who pays or supervises
correct classification(s)of work actually performed;hourly rates the payment of the persons working on the contract,and must
of wages paid (including rates of contributions or costs certify the following:
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in 40 U.S.C. 31412j(Biof the (i)That the certified payroll for the payroll period contains
Davis-Bacon Act); daily and weekly number of hours actually the information required to be provided under paragraph 3.b.
worked in total and on each covered contract;deductions made; of this section,the appropriate information and basic records
and actual wages paid. are being maintained under paragraph 3.a. of this section,
and such information and records are correct and complete;
(3)Additional records relating to fringe benefits. Whenever
the Secretary of Labor has found under paragraph i.e.of this (ii)That each laborer or mechanic(including each helper
section that the wages of any laborer or mechanic include the and apprentice)working on the contract during the payroll
amount of any costs reasonably anticipated in providing period has been paid the full weekly wages earned,without
benefits under a plan or program described in 40 U.S.C. rebate,either directly or indirectly, and that no deductions
3141 2 B of the Davis-Bacon Act, the contractor must have been made either directly or indirectly from the full
maintain records which show that the commitment to provide wages earned, other than permissible deductions as set
such benefits is enforceable, that the plan or program is forth in 29 CFR E-lrl 3;and
financially responsible,and that the plan or program has been
communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual cost (iii)That each laborer or mechanic has been paid not less
incurred in providing such benefits. than the applicable wage rates and fringe benefits or cash
equivalents for the classification(s) of work actually
performed,as specified in the applicable wage determination
(4)Additional records relating to apprenticeship.Contractors incorporated into the contract.
with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship
programs,the registration of the apprentices,and the ratios and (4)Use of Optional Form WH-347. The weekly submission
wage rates prescribed in the applicable programs. of a properly executed certification set forth on the reverse side
of Optional Form WH-347 will satisfy the requirement for
submission of the °Statement of Compliance" required by
b.Certified payroll requirements(1)Frequency and method paragraph 3.b.(3)of this section.
of submission. The contractor or subcontractor must submit
weekly, for each week in which any DBA- or Related Acts-
covered work is performed,certified payrcills to the contracting
Agreement 1300-36
(5)Signature. The signature by the contractor, of each covered worker,and must provide them upon request to
subcontractor,or the contractors or subcontractor's agent the contracting agency, the State DOT, the FHWA, the
must be an original handwritten signature or a legally valid contractor,or the Wage and Hour Division of the Department of
electronic signature. Labor for purposes of an investigation or other compliance
action.
(6)Falsification. The falsification of any of the above 4.Apprentices and equal employment opportunity (29 CFR
certifications may subject the contractor or subcontractor to 5.5)
civil or criminal prosecution under 18 U.S.C. '1001 and 31
U.S.C.3729.
a.Apprentices(1)Rate of pay.Apprentices will be permitted
(7)Length of certified payroll retention. The contractor or to work at less than the predetermined rate for the work they
subcontractor must preserve all certified payrolls during the perform when they are employed pursuant to and individually
course of the work and for a period of 3 years after all the work registered in a bona fide apprenticeship program registered with
on the prime contract is completed. the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship (OA), or with a State
Apprenticeship Agency recognized by the OA.A person who is
c.Contracts, subcontracts, and related documents. The not individually registered in the program, but who has been
contractor or subcontractor must maintain this contract or certified by the OA or a State Apprenticeship Agency(where
subcontract and related documents including, without appropriate)to be eligible for probationary employment as an
limitation, bids, proposals, amendments, modifications, and apprentice, will be permitted to work at less than the
extensions. The contractor or subcontractor must preserve predetermined rate for the work they perform in the first 90 days
these contracts,subcontracts,and related documents during of probationary employment as an apprentice in such a
the course of the work and for a period of 3 years after all the program.In the event the OA or a State Apprenticeship Agency
work on the prime contract is completed. recognized by the OA withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to use
d.Required disclosures and access (1) Required record apprentices at less than the applicable predetermined rate for
disclosures and access to workers. The contractor or the work performed until an acceptable program is approved.
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other (2)Fringe benefits.Apprentices must be paid fringe benefits
documents that the contracting agency, the State DOT, the in accordance with the provisions of the apprenticeship
FHWA, or the Department of Labor deems necessary to program.If the apprenticeship program does not specify fringe
determine compliance with the labor standards provisions of benefits, apprentices must be paid the full amount of fringe
any of the applicable statutes referenced by§5.1,available for benefits listed on the wage determination for the applicable
inspection, copying, or transcription by authorized classification. If the Administrator determines that a different
representatives of the contracting agency,the State DOT,the practice prevails for the applicable apprentice classification,
FHWA, or the Department of Labor, and must permit such fringe benefits must be paid in accordance with that
representatives to interview workers during working hours on determination.
the job.
(3)Apprenticeship ratio.The allowable ratio of apprentices to
(2)Sanctions for non-compliance with records and worker joumeyworkers on the job site in any craft classification must
access requirements. If the contractor or subcontractor fails to not be greater than the ratio permitted to the contractor as to the
submit the required records or to make them available, or entire work force under the registered program or the ratio
refuses to permit worker interviews during working hours on the applicable to the locality of the project pursuant to paragraph
job, the Federal agency may, after written notice to the 4.a.(4) of this section. Any worker listed on a payroll at an
contractor, sponsor, applicant, owner, or other entity, as the apprentice wage rate, who is not registered or otherwise
case may be,that maintains such records or that employs such employed as stated in paragraph 4.a.(1)of this section,must be
workers, take such action as may be necessary to cause the paid not less than the applicable wage rate on the wage
suspension of any further payment, advance,or guarantee of determination for the classification of work actually performed.
funds.Furthermore,failure to submit the required records upon In addition, any apprentice performing work on the job site in
request or to make such records available,or to permit worker excess of the ratio permitted under this section must be paid not
interviews during working hours on the job,may be grounds for less than the applicable wage rate on the wage determination
debarment action pursuant to§5.12.In addition,any contractor for the work actuallyperformed.
or other person that fails to submit the required records or make
those records available to WHD within the time WHD requests
that the records be produced will be precluded from introducing (4)Reciprocity of ratios and wage rates.Where a contractor
as evidence in an administrative proceeding under .FREprt is performing construction on a project in a locality other than
any of the required records that were not provided or made the locality in which its program is registered,the ratios and
available to WHD. WHD will take into consideration a wage rates(expressed in percentages of the joumeyworkers
reasonable request from the contractor or person for an hourly rate) applicable within the locality in which the
extension of the time for submission of records. WHD will construction is being performed must be observed. if there is
determine the reasonableness of the request and may consider, no applicable ratio or wage rate for the locality of the project,
among other things,the location of the records and the volume the ratio and wage rate specified in the contractors registered
of production. program must be observed.
(3)Required information disclosures. Contractors and b.Equal employment opportunity. The use of apprentices
subcontractors must maintain the full Social Security number and joumeyworkers under this part must be in conformity with
and last known address,telephone number,and email address
Agreement 1300-37
b.No part of this contract shall be subcontracted to any
the equal employment opportunity requirements of Executive
Order 11246,as amended,and 29 CFR part 30. person or firm ineligible for award of a Government contract by
virtue of 40 ti,,9„C,_ 1,14_(_Oi or§5.12(a).
c. Apprentices and Trainees(programs of the U.S.DOT).
c.The penalty for making false statements is prescribed in
the U.S.Code,Tftle 18 Crimes and Criminal Procedure, 18
Apprentices and trainees working under apprenticeship and skill U.S.C.1001.
training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal-aid
highway construction programs are not subject to the 11. Anti-retaliation.It is unlawful for any person to discharge,
requirements of paragraph 4 of this Section IV. 23 CFR demote,intimidate,threaten,restrain,coerce,blacklist,harass,
230.111(eX2). The straight time hourly wage rates for or in any other manner discriminate against,or to cause any
apprentices and trainees under such programs will be person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass,or in any other manner discriminate
established by the particular programs.The ratio of apprentices
and trainees to journeyworkers shall not be greater than against,any worker or job applicantfor:
permitted by the terms of the particular program.
a.Notifying any contractor of any conduct which the worker
5.Compliance with Copeland Act requirements. The reasonably believes constitutes a violation of the DBA,Related
contractor shall comply with the requirements of 29 CFR part Acts,this part,or 29 CFR cart 1 or 3;
3, which are incorporated by reference in this contract as
provided in 29 CFR 5.5. b.Filing any complaint,initiating or causing to be initiated any
proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under the
6.Subcontracts. The contractor or subcontractor must insert
DBA,Related Acts,this part,or 29 CFR part 1 or3;
FHWA-1273 in any subcontracts, along with the applicable
wage determination(s) and such other clauses or contract
modifications as the contracting agency may by appropriate c.Cooperating in any Investigation or other compliance
instructions require,and a clause requiring the subcontractors action,or testifying in any proceeding under the DBA,Related
to include these clauses and wage determination(s) in any Acts,this part,or 29 CFR part 1 or 3;or
lower tier subcontracts.The prime contractor is responsible for
the compliance by any subcontractor or lower tier subcontractor
d.Informing any other person about their rights underthe
with all the contract clauses in this section.In the event of any
DBA,Related Acts,this part,or 29 CFflpart 1 or3.
violations of these clauses, the prime contractor and any
subcontractor(s)responsible will be liable for any unpaid wages
and monetary relief, including interest from the date of the
underpayment or loss, due to any workers of lower-tier V.CONTRACT WORK HOURS AND SAFETY STANDARDS
subcontractors, and may be subject to debarment, as ACT
appropriate. 29 CFR 5.5.
Pursuant to 29 CFR 5.5(b),the following clauses apply to any
7.Contract termination: debarment. A breach of the contract Federal-aid construction contract in an amount in excess of
clauses in 29 CFR 5.5 may be grounds for termination of the $100,000 and subject to the overtime provisions of the Contract
contract,and for debarment as a contractor and a subcontractor Work Hours and Safety Standards Act.These clauses shall be
as provided in 29 CFR 5.12. inserted in addition to the clauses required by 29 CFR 5.5(a)or
29 CFR 4.6.As used in this paragraph,the terms laborers and
mechanics include watchpersons and guards.
8.Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 1.Overtime requirements. No contractor or subcontractor
are herein incorporated by reference in this contract as contracting for any part of the contract work which may require
provided in 29 CFR 5.5. or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work
9.Disputes concerning labor standards.As provided in 29 CFR
in excess of forty hours in such workweek unless such laborer
5.5,disputes arising out of the labor standards provisions of this
or mechanic receives compensation at a rate not less than one
contract shall not be subject to the general disputes clause of
and one-half times the basic rate of pay for all hours worked in
this contract. Such disputes shall be resolved in accordance
excess of forty hours in such workweek. 29 CFR 5.5.
with the procedures of the Department of Labor set forth in 29
CFR parts 5,6,and 7.Disputes within the meaning of this clause
include disputes between the contractor (or any of its 2.Violation;liability for unpaid wages;liquidated damages.In
subcontractors)and the contracting agency,the the event of any violation of the clause set forth in paragraph 1.
U.S. Department of Labor, or the employees or their of this section the contractor and any subcontractor responsible
representatives. therefor shall be liable for the unpaid wages and interest from
the date of the underpayment.In addition,such contractor and
subcontractor shall be liable to the United States(in the case of
10. Certification of eligibility.a.By entering into this contract,
work done under contract for the District of Columbia or a
the contractor certifies that neither it nor any person or firm who
territory, to such District or to such territory), for liquidated
has an interest in the contractor's firm is a person or firm
damages. Such liquidated damages shall be computed with
ineligible to be awarded Government contracts by virtue of 40
3144tbu or 5.12(a).
respect to each individual laborer or
§
Agreement 1300-38
mechanic, including watchpersons and guards, employed In event of any violations of these clauses,the prime contractor and
violation of the clause set forth in paragraph 1.of this section,in any subcontractor(s) responsible will be liable for any unpaid
wages and monetary relief,including interest from the date of the
the sum currently provided in 29 CFR 5.5(b)(2)* for each
calendar day on which such individual was required or permitted underpayment or loss, due to any workers of lower- tier
to work in excess of the standard workweek of forty hours subcontractors, and associated liquidated damages and may be
without payment of the overtime wages required by the clause subject to debarment,as appropriate.
set forth in paragraph 1.of this section,
5.Anti-retaliation. It is unlawful for any person to discharge,
*$31 as of January 15,2023(See 88 FR 88 FR 2210)as may demote,intimidate,threaten,restrain,coerce,blacklist,harass,
be adjusted annually by the Department of Labor,pursuant to the or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain,
Federal Civil Penalties Inflation Adjustment Act of 1990.
coerce, blacklist, harass, or in any other manner discriminate
against,any worker or Job applicantfor:
3.Withholding for unpaid wages and liquidated damages
a.Notifying any contractor of any conduct which the worker
a.Withholding process.The FHWA or the contracting agency reasonably believes constitutes a violation of the Contract
may,upon its own action,or must, upon written request of an Work Hours and Safety Standards Act (CWHSSA) or its
authorized representative of the Department of Labor,withhold implementing regulations In this part;
or cause to be withheld from the contractor so much of the
accrued payments or advances as may be considered
b.Filing any complaint,initiating or causing to be initiated any
necessary to satisfy the liabilities of the prime contractor or any
proceeding, or otherwise asserting or seeking to assert on
subcontractor for any unpaid wages;monetary relief,including
behalf of themselves or others any right or protection under
interest; and liquidated damages required by the clauses set
CWHSSA or this part;
forth in this section on this contract,any other Federal contract
with the same prime contractor,or any other federally assisted
contract subject to the Contract Work Hours and Safety c.Cooperating in any investigation or other compliance
Standards Act that is held by the same prime contractor (as action,or testifying In any proceeding under CWHSSA orthis
defined in §5.2). The necessary funds may be withheld from part;or
the contractor under this contract, any other Federal contract
with the same prime contractor,or any other federally assisted
d.Informing any other person about their rights under
contract that is subject to the Contract Work Hours and Safety
CWHSSA or this part.
Standards Act and is held by the same prime contractor,
regardless of whether the other contract was awarded or
assisted by the same agency,and such funds may be used to
satisfy the contractor liability for which the funds werewithheld. VI.SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
b.Priority to withheld funds.The Department has priority to
contracts on the National Highway System pursuant to 23 CFR
funds withheld or to be withheld in accordance with Section IV
635.116.
paragraph 2.a.or paragraph 3.a.of this section,or both,over
claims to those funds by:
1.The contractor shall perform with its own organization contract
work amounting to not less than 30 percent (or a greater
(1)A contractor's surety(ies),including without limitation percentage if specified elsewhere in the contract)of the total
performance bond sureties and payment bond sureties; original contract price, excluding any specialty items
designated by the contracting agency.Specialty items may be
performed by subcontract and the amount of any such specialty
(2)A contracting agency for its reprocurementcosts;
items performed may be deducted from the total original
contract price before computing the amount of work required to
(3)A trustee(s) (either a court-appointed trustee or a U.S. be performed by the contractors own organization (23 CFR
trustee,or both)in bankruptcy of a contractor,or a contractors 635.116).
bankruptcy estate;
a. The term "perform work with its own organization" in
paragraph 1 of Section VI refers to workers employed or
(4)A contractors assignee(s); leased by the prime contractor, and equipment owned or
rented by the prime contractor,with or without operators.Such
(5)A contractor's successor(s);or term does not include employees or equipment of a
subcontractor or lower tier subcontractor,agents of the prime
contractor, or any other assignees. The term may include
(6)A claim asserted under the Prompt Payment Act,3 I payments for the costs of hiring leased employees from an
U.S.C.3901-3907. employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be
4.Subcontracts.The contractor or subcontractor mustinsert in included in this term if the prime contractor meets all of the
any subcontracts the clauses set forth in paragraphs 1. following conditions:(based on longstanding interpretation)
through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier (1)the prime contractor maintains control over the
subcontracts. The prime contractor is responsible for supervision of the day-to-day activities of the leased
compliance by any subcontractor or lower tier subcontractor - employees;
with the clauses set forth in paragraphs 1.through 5.In the (2)the prime contractor remains responsible for the quality
of the work of the leased employees;
Agreement 1300-39
(3)the prime contractor retains all power to accept or health standards (29 CFR Part 1926) promulgated by the
exclude individual employees from work on the project;and Secretary of Labor, in accordance with Section 107 of the
(4)the prime contractor remains ultimately responsible for Contract Work Hours and Safety Standards Act(40 U.S.C.
the payment of predetermined minimum wages, the 3704). 29 CFR 1926.10.
submission of payrolls, statements of compliance and all
other Federal regulatory requirements. 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract that
the Secretary of Labor or authorized representative thereof,
b."Specialty Items"shall be construed to be limited towork shall have right of entry to any site of contract performance to
that requires highly specialized knowledge, abilities, or inspect or investigate the matter of compliance with the
construction safety and health standards and to carry out the
equipment not ordinarily available in the type of contracting
duties of the Secretary under Section 107 of the Contract Work
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor Hours and Safety Standards Act(40 U.S.C.3704).
components of the overall contract.23 CFR 635.102.
2.Pursuant to 23 CFR 635.116(a), the contract amount upon VIII. FALSE STATEMENTS CONCERNING HIGHWAY
which the requirements set forth in paragraph(1)of Section VI PROJECTS
is computed includes the cost of material and manufactured
products which are to be purchased or produced by the This provision is applicable to all Federal-aid construction
contractor under the contract provisions. contracts and to all related subcontracts.
In order to assure high quality and durable construction in
3.Pursuant to 23 CFR 635.116(c),the contractor shall furnish
(a)a competent superintendent or supervisor who is employed by conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by
the firm, has full authority to direct performance of the work in
engineers, contractors, suppliers, and workers on Federal- aid
accordance with the contract requirements,and is in charge of all
concerned with
construction operations (regardless of who performs the work) highway projects, it is essential that all persons
and (b) such other of its own organizational resources the project perform their functions as carefully, thoroughly, and
honestly as possible. Willful falsification, distortion, or
(supervision, management, and engineering services) as the
contracting officer determines is necessary to assure the misrepresentation with respect to any facts related to the project
performance of the contract, is a violation of Federal law. To prevent any misunderstanding
regarding the seriousness of these and similar acts,Form FHWA-
4.No portion of the contract shall be sublet,assigned or otherwise 1022 shall be posted on each Federal-aid highway project (23
CFR Part 635)in one or more places where it is readily available
disposed of except with the written consent of the contracting
officer, or authorized representative, and such consent when to all persons concerned with the project:
given shall not be construed to relieve the contractor of any
responsibility for the fulfillment of the contract. Written consent
will be given only after the contracting agency has assured that 18 U.S.C. 1020 reads as follows:
each subcontract is evidenced in writing and that it contains all
'Whoever, being an officer, agent, or employee of the United
pertinent provisions and requirements of the prime contract.
(based on long-standing interpretation of 23 CFR 635.116). States,or of any State or Territory,or whoever,whether a person,
association, firm, or corporation, knowingly makes any false
statement, false representation, or false report as to the
5.The 30-percent self-performance requirement of paragraph
(1) is not applicable to design-build contracts; however, character,quality,quantity,or cost of the material used or to be
used, or the quantity or quality of the work performed or to be
contracting agencies may establish their own self-performance
requirements. 23 CFR 635.116(d). performed,or the cost thereof in connection with the submission
of plans,maps,specifications,contracts,or costs of construction
on any highway or related project submitted for approval to the
VII.SAFETY:ACCIDENT PREVENTION Secretary of Transportation;or
This provision is applicable to all Federal-aid construction Whoever knowingly makes any false statement, false
contracts and to all related subcontracts. representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
1.In the performance of this contract the contractor shall comply
with all applicable Federal, State, and local laws goveming connection with the construction of any highway or related project
safety,health,and sanitation(23 CFR Part 635).The contractor approved by the Secretary of Transportation;or
shall provide all safeguards, safety devices and protective
equipment and take any other needed actions as it determines, Whoever knowingly makes any false statement or false
or as the contracting officer may determine, to be reasonably representation as to material fact in any statement,certificate,or
report submitted pursuant to provisions of the Federal-aid Roads
necessary to protect the life and health of employees on the job
and the safety of the public and to protect property in Act approved July 11, 1916, (39 Stat. 355), as amended and
connection with the performance of the work covered by the supplemented;
contract.23 CFR 635.108.
Shall be fined under this title or imprisoned not more than 5 years
2. It is a condition of this contract,and shall be made a condition or both."
of each subcontract,which the contractor enters into pursuant
to this contract,that the contractor and any subcontractor shall
not permit any employee, in performance of the contract, to
work in surroundings or under conditions which are unsanitary,
hazardous or dangerous to his/her health or safety, as
determined under construction safety and
Agreement 1300-40
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT(42 U.S.G.7606;2 CFR e.The terms"covered transaction,""debarred,""suspended,"
200.88;EO 11738) "ineligible,"'participant," "person," "principal,"and "voluntarily
excluded,"as used in this clause, are defined in 2 CFR Parts
This provision is applicable to all Federal-aid construction 180, Subpart I, 180.900-180.1020, and 1200. "First Tier
contracts in excess of $150,000 and to all related Covered Transactions" refers to any covered transaction
subcontracts.48 CFR 2.101;2 CFR 200.327. between a recipient or subrecipient of Federal funds and a
participant(such as the prime or general contract)."Lower Tier
By submission of this bid/proposal or the execution of this Covered Transactions"refers to any covered transaction under
contract or subcontract, as appropriate, the bidder, proposer, a First Tier Covered Transaction(such as subcontracts)."First
Federal-aid construction contractor, subcontractor, supplier, or Tier Participant"refers to the participant who has entered into a
vendor agrees to comply with all applicable standards,orders or covered transaction with a recipient or subrecipient of Federal
regulations issued pursuant to the Clean Air Act(42 U.S.C.7401- funds (such as the prime or general contractor). "Lower Tier
7671q)and the Federal Water Pollution Control Act,as amended Participant" refers any participant who has entered into a
(33 U.S.C. 1251-1387). Violations must be reported to the covered transaction with a First Tier Participant or other Lower
Federal Highway Administration and the Regional Office of the Tier Participants(such as subcontractors and suppliers).
Environmental Protection Agency.2 CFR Part 200,Appendix II.
f.The prospective first tier participant agrees by submitting
The contractor agrees to include or cause to be included the this proposal that,should the proposed covered transaction be
requirements of this Section in every subcontract, and further entered into, it shall not knowingly enter into any lower tier
agrees to take such action as the contracting agency may direct covered transaction with a person who is debarred,suspended,
as a means of enforcing such requirements.2 CFR 200.327. declared ineligible,or voluntarily excluded from participation in
this covered transaction, unless authorized by the department
or agency entering into this transaction. 2 CFR 180.330.
X.CERTIFICATION REGARDING DEBARMENT,
SUSPENSION,INELIGIBILITY AND VOLUNTARY g.The prospective first tier participant further agrees by
EXCLUSION submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
This provision is applicable to all Federal-aid construction and Voluntary Exclusion-Lower Tier Covered Transactions,"
contracts, design-build contracts, subcontracts, lower-tier provided by the department or contracting agency,entering into
subcontracts, purchase orders, lease agreements, consultant this covered transaction,without modification, in all lower tier
contracts or any other covered transaction requiring FHWA covered transactions and in all solicitations for lower tier
approval or that is estimated to cost $25,000 or more — as covered transactions exceeding the$25,000 threshold.2 CFR
defined in 2 CFR Parts 180 and 1200.2 CFR 180.220 and 180.220 and 180.300.
1200.220.
h.A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
1.instructions for Certification—First TierParticipants: transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
a.By signing and submitting this proposal,the prospective knows that the certification is erroneous. 2 CFR 180.300;
first tier participant is providing the certification set out below. 180.320,and 180.325. A participant is responsible for ensuring
that its principals are not suspended, debarred, or otherwise
b.The inability of a person to provide the certification set out ineligible to participate in covered transactions.2 CFR 180.335.
below will not necessarily result in denial of participation in this To verify the eligibility of its principals,as well as the eligibility
covered transaction.The prospective first tier participant shall of any lower tier prospective participants,each participant may,
submit an explanation of why it cannot provide the certification but is not required to,check the System for Award Management
set out below.The certification or explanation will be considered website(ht !twww.sam.c; vi).2 CFR 180.300, 180.320,and
in connection with the department or agency's determination 180.325.
whether to enter into this transaction. However, failure of the
prospective first tier participant to furnish a certification or an i. Nothing contained in the foregoing shall be construed to
explanation shall disqualify such a person from participation in require the establishment of a system of records in order to
this transaction.2 CFR 180.320. render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
c.The certification in this clause is a material representation is not required to exceed that which is normally possessed by
of fact upon which reliance was placed when the contracting a prudent person in the ordinary course of business dealings.
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered j.Except for transactions authorized under paragraph (f)of
an erroneous certification, in addition to other remedies these instructions, if a participant in a covered transaction
available to the Federal Government, the contracting agency knowingly enters into a lower tier covered transaction with a
may terminate this transaction for cause of default. 2 CFR person who is suspended, debarred, ineligible, or voluntarily
180.325. excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
d.The prospective first tier participant shall provide department or agency may terminate this transaction for cause
immediate written notice to the contracting agency to whom or default. 2 CFR 180.325.
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when ****
submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
Agreement 1300-41
2.Certification Regarding Debarment, Suspension, this transaction originated may pursue available remedies,
Ineligibility and Voluntary Exclusion — First netIncluding suspension and/or debarment.
Participants:
c.The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
a.The prospective first tier participant certifies to the best of its
knowledge and belief,that it and its principals: submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of changed
(1) Are not presently debarred,suspended,proposed for circumstances. 2 CFR 180.365.
debarment, declared ineligible,or voluntarily excluded from
participating in covered transactions by any Federal d.The terms "covered transaction,' "debarred,"
department or agency,2 CFR 180.335;. "suspended," "ineligible,' "participant," 'person,' "principal,"
and"voluntarily excluded,"as used in this clause, are defined
(2) Have not within a three-year period preceding this in 2 CFR Parts 180,Subpart I,180.900—180.1020,and 1200.
You may contact the person to which this proposal is submitted
proposal been convicted of or had a civil judgment rendered
for assistance in obtaining a copy of those regulations. 'First
against them for commission of fraud or a criminal offense in
Tier Covered Transactions"refers to any covered transaction
connection with obtaining,attempting to obtain,or performing
a public(Federal,State,or local)transaction or contract under between a recipient or subrecipient of Federal funds arid a
participant(such as the prime or general contract).'Lower Tier
a public transaction; violation of Federal or State antitrust
Covered Transactions"refers to any covered transaction under
statutes or commission of embezzlement, theft, forgery,
a First Tier Covered Transaction(such as subcontracts).'First
bribery, falsification or destruction of records, making false
Tier Participant'refers to the participant who has entered into a
statements,or receiving stolen property,2 CFR 180.800;
covered transaction with a recipient or subrecipient of Federal
funds (such as the prime or general contractor). "Lower Tier
(3) Are not presently indicted for or otherwise criminally or
Participant" refers any participant who has entered into a
civilly charged by a governmental entity (Federal, State or
covered transaction with a First Tier Participant or other Lower
local)with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification, 2 CFR 180.700 and Tier Participants(such as subcontractors and suppliers).
180.800;and
e.The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
(4) Have not within a three-year period preceding this
transaction be entered into,it shall not knowingly enter into any
application/proposal had one or more public transactions
lower tier covered transaction with a person who is debarred,
(Federal,State or local)terminated for cause or default.2
CFR 180.335(d). suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction,unless authorized by
(5)Are not a corporation that has been convicted of a felony the department or agency with which this transaction
originated.2 CFR 1200.220 and 1200.332.
violation under any Federal law within the two,year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements);and f.The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
(6)Are not a corporation with any unpaid Federal tax liability
that has been assessed,for which all judicial and administrative and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification,in all lower tier covered transactions and
remedies have been exhausted,or have lapsed,and that is not
in all solicitations for lower tier covered transactions exceeding
being paid in a timely manner pursuant to an agreement with
the authority responsible for collecting the tax liability(USDOT the$25,000 threshold.2 CFR 180.220 and 1200.220.
Order 4200.6 implementing appropriations act requirements).
g.A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
b. Where the prospective participant is unable to certify to
transaction that is not debarred, suspended, ineligible, or
any of the statements in this certification, such prospective
voluntarily excluded from the covered transaction, unless it
participant should attach an explanation to this proposal.2
CFR 180.335 and 180.340. knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
***** debarred, or otherwise ineligible to participate in covered
transactions.To verify the eligibility of its principals,as well as
the eligibility of any lower tier prospective participants, each
3.Instructions for Certification-Lower Tier Participants:
participant may, but is not required to, check the System for
ww.
(Applicable to all subcontracts, purchase orders, and other Award Management website(lilips://w sam.aovi),which is
compiled by the General Services Administration. 2 CFR
lower tier transactions requiring prior FHWA approval or
estimated to cost$25,000 or more-2 CFR Parts 180 and 180.300,180.320,180.330,and 180.335.
1200). 2 CFR 180.220 and 1200.220.
h.Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
a.By signing and submitting this proposal, the prospective
in good faith the certification required by this clause. The
lower tier participant is providing the certification set out below,
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
b.The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction in the ordinary course of business dealings.
was entered into. If it is later determined that the prospective
i.Except for transactions authorized under paragraph e of
lower tier participant knowingly rendered an erroneous
these instructions, if a participant in a covered transaction
certification, in addition to other remedies available to the
Federal Government,the department,or agency with which knowingly enters into a lower tier covered transaction with a
person who is suspended,debarred,ineligible,or voluntarily
Agreement 1300-42
excluded from participation in this transaction,in addition to other cooperative agreement, the undersigned shall complete and
remedies available to the Federal Government,the department submit Standard Form-LLL, "Disclosure Form to Report
,
or agency with which this transaction originated may pursue Lobbying"in accordance with its instructions.
available remedies, including suspension and/or debarment. 2
CFR 180.325. 2.This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
** entered into.Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
4.Certification Regarding Debarment, Suspension, U.S.C. 1352. Any person who fails to file the required
Ineligibility and Voluntary Exclusion--Lower Tier certification shall be subject to a civil penalty of not less than
Participants: $10,000 and not more than$100,000 for each such failure.
a.The prospective lower tier participant certifies, by 3.The prospective participant also agrees by submitting its
submission of this proposal,that neither it nor its principals: bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
(1)is presently debarred, suspended, proposed for subcontracts, which exceed $100,000 and that all such
debarment,declared ineligible,or voluntarily excluded from recipients shall certify and discloseaccordingly.
participating in covered transactions by any Federal
department or agency,2 CFR 180.355;
XII. USE OF UNITED STATES-FLAG VESSELS:
(2)is a corporation that has been convicted of a felony
violation under any Federal law within the two-year period This provision is applicable to all Federal-aid construction
preceding this proposal(USDOT Order 4200.6 implementing contracts, design-build contracts, subcontracts, lower-tier
appropriations act requirements);and subcontracts, purchase orders, lease agreements, or any other
covered transaction. 46 CFR Part 381.
(3)is a corporation with any unpaid Federal tax liability that
has been assessed,for which all judicial and administrative This requirement applies to material or equipment that is
remedies have been exhausted, or have lapsed, and that is acquired for a specific Federal-aid highway project.46 CFR
not being paid in a timely manner pursuant to an agreement 381.7. It is not applicable to goods or materials that come into
with the authority responsible for collecting the tax liability, inventories independent of an FHWA funded-contract.
(USDOT Order 4200.6 implementing appropriations act
requirements) When oceanic shipments(or shipments across the Great Lakes)
are necessary for materials or equipment acquired for a specific
b.Where the prospective lower tier participant is unable to Federal-aid construction project,the bidder,proposer,contractor,
certify to any of the statements in this certification, such subcontractor,or vendor agrees:
prospective participant should attach an explanation to this
proposal. 1.To utilize privately owned United States-flag commercial
vessels to ship at least 50 percent of the gross tonnage
***** (computed separately for dry bulk carriers, dry cargo liners,
and tankers) involved, whenever shipping any equipment,
material, or commodities pursuant to this contract, to the
XI. CERTIFICATION REGARDING USE OF CONTRACT extent such vessels are available at fair and reasonable rates
FUNDS FOR LOBBYING for United States-flag commercial vessels.46 CFR 381.7.
This provision is applicable to all Federal-aid construction 2.To furnish within 20 days following the date of loading for
contracts and to all related subcontracts which exceed shipments originating within the United States or within 30
$100,000. 49 CFR Part 20,App.A. working days following the date of loading for shipments
originating outside the United States,a legible copy of a rated,
'on-board' commercial ocean bill-of-lading in English for each
1.The prospective participant certifies,by signing and
submitting this bid or proposal,to the best of his or her shipment of cargo described in paragraph(b)(1)of this section
knowledge and belief,that: to both the Contracting Officer(through the prime contractor in
the case of subcontractor bills-of-lading)and to the Office of
a.No Federal appropriated funds have been paid or will be Cargo and Commercial Sealift (MAR-620), Maritime
paid, by or on behalf of the undersigned, to any person for Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or onboard, dated, with rates and charges. These bills of lading
employee of Congress, or an employee of a Member of may contain business sensitive information and therefore may
be submitted directly to MARAD by the Ocean Transportation
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant,the making of any Intermediary on behalf of the contractor).46 CFR 381.7.
Federal loan,the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract,grant,loan,or cooperative
agreement.
b.If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract,grant,loan,or
Agreement 130043
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS(23 CFR 633,Subpart B,Appendix B)This
provision is applicable to all Federal-aid projects funded under the
Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is,or reasonably may be,done as
on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated,except:
a.To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph(1c)shall not exceed
20 percent of the total number of employees employed by the
contractor on the contract work, except as provided in
subparagraph(4)below.
2.The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers,mechanics and other employees required to perform the
contract work, (b) the number of employees required in each
classification,(c)the date on which the participant estimates such
employees will be required, and (d) any other pertinent
information required by the State Employment Service to
complete the job order form.The job order may be placed with the
State Employment Service in writing or by telephone.If during the
course of the contract work, the information submitted by the
contractor in the original job order is substantially modified, the
participant shall promptly notify the State Employment Service.
3.The contractor shall give full consideration to all qualified job
applicants referred to him by the State Employment Service.The
contractor is not required to grant employment to any job
applicants who, in his opinion, are not qualified to perform the
classification of work required.
4. If,within one week following the placing of a job order by the
contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job applicants
to the contractor, or less than the number requested, the State
Employment Service will forward a certificate to the contractor
indicating the unavailability of applicants.Such certificate shall be
made a part of the contractor's permanent project records. Upon
receipt of this certificate,the contractor may employ persons who
do not normally reside in the labor area to fill positions covered by
the certificate,notwithstanding the provisions of subparagraph(1c)
above.
5. The provisions of 23 CFR 633.207(e)allow the contracting
agency to provide a contractual preference for the use of mineral
resource materials native to the Appalachian region.
6.The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract forwork
which is,or reasonably may be,done as on-site work.
Agreement 1300-44
Bond No.108051457
Premium Amount:$1,635.00
SECTION 1310
FM .1 UL PE• 0• • CE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on
awarded to Granite Construction Company,hereinafter designated as the Principal,a Contract for Bid No.B24-60E,CIP
NO.8751, DE' L • I Project NO.HSIPL-5430(035),V• ' ER RO• I SAFETY PROVEMENTS,and
REAS, said Principal is required under the terms of said Con . t to furnish a bond for the faithful
performance of said Contract:
NOW, REFORE,we,the Principal,and Travelers Casualty and Surety Company of America,as Surety,are
held and firmly bound unto the City in the just and full amount of($743.000.00)lawful money of the United States,for
the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, ad ...strators, and
successors,jointly and severally,firmly by these presents.
CO 11 ITION OF THIS OBLIGATION IS SUCH, that if said ' cipal, his or its heirs, executors,
administrators,successors,or assigns,shall in all things s • d to and abide by,and well and truly keep and fai Ily
perform the covenants,conditions,and agreements in the said contract and any alterations made as therein provided,
on his or their part to be kept and performed, at the time and in the II: er therein specified, and in all respects
according to their true intent and meaning,and shall indemnify and save h• ess,the City,its officers and agents as
therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and
virtue.
It is acknowledged that the Contract provides for one-year guarantee period,during which time this bond
remains in full force and effort.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications
accompanying the same shall,in any way,affect its obligations on this bond,and it does hereby waive notice of any
such change, extension of time, alteration, or addition to the t of the Contract or to the work or to the
specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of
California.
T I ' • i iER OF IS PAGE I NTION LY LEFT B • K
Faithful Performance Bond 1310-1
IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their
seals this 25th day of September . 20 2024 Le name and corporate seal of each
corporate party being hereto affixed and these presents duly site by its undersigned representative, pursuant to
T4.0$1 f its governing body.
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nite Construction Company
1".
Principal
4 Zr,
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e
#0,
Signature yPrincipal
Joseph P.Richardson,Regional Chief Estimator
Title of Silo tory
Travelers Casualty and Surety Company of • erica
Surety
(Seal)
2, 2
Signature for Surety
Isabel Barron,Attorney In Fact
Title of Signatory
1 Tower Square Hartford,CT 06183
Address of Surety
860-277-8170
Phone#of Surety
Jen Moore
Contact Person For Surety
Faithful Performance Bond 1310-2
A notary public or other officer completing this
certificate verifies only the identity of the individual , C • LID ET
who signed the document to which this certificate is
attached,and not the truthfulness,accuracy,or validity
of that document.
State of California
County of Santa Cruz
On September 25, 2024 before me, Mariella Rubio,Notary Public
(insert name and title of the officer)
personally appeared_ Isabel Barron
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. MARIELLA RUBIO
—;,117„ 14y P COMM.ullfc California 2-4'i° 65
Santa Cruz County r-n-
I 't-Ift" MjConm.F . Ju11142O26f
Signature (Seal)
Mariella Rubio,Notary Public
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERS i St Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein
collectively called the'Companies'),and that the Companies do hereby make,constitute and appoint Isabel Barron of
WATSONVILLE , California , their true and lawful Attomey(s)-in-Fact to sign, execute, seal and
acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April,
2021.
ive-r4.qt ',„.5.1T Alio.6 4,ne
eN
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State of Connecticut
By:. ‘46(
City of Hartford ss. Robert L.RaneySenior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF,I hereunto set my hand and official seal.
ctr:;) /Ad
My Commission expires the 30th day of June,2026 N.
Anna P.Nowik,Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies,which resolutions are now in full force and effect,reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;
or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to
any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signaturs and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or
understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a
true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect.
Dated this 25th day of September 2024
4pssiairfr 0,4P"
imarasniA HARTFORD, 1 eordatt
\coati -2,4 MIK 49 ,d
I' dit "fe--•
Kevin E.Hughes,Ass tant Secretary
To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880.
Please refer to the above-named Attomey(s)-In-Fact and the details of the bond to which this Power of Attorney is attached.
Premium Included In Performance Bond Bond No.108051457
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on
,awarded to Granite Construction Company hereinafter designated as the Principal,a Contract for Bid No.B24-60E,CIP
NO.8751,FEDERAL AID Project NO.HSIPL-5430(035),VARNER ROAD SAFETY IMPROVEMENTS,and
WHEREAS,said Principal is required to furnish a bond in connection and with said Contract,providing that
if said Principal,or any of it or its subcontractors shall fail to pay for any materials,provisions,or other supplies used
in,upon,for,or about the performance of the work contracted to be done,or for any work or labor done thereon of
any kind,the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW,THEREFORE,we,the Principal,and Travelers Casualty and Surety Company of America,as Surety,are held
and firmly bound unto the City in the just and full amount of$743.00000 executors,administrators,and successors,jointly
and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors,
administrators,successors,or assigns,shall fail to pay for any materials,provisions,or other supplies used in,upon,
for,or about the performance of the work contracted to be done,or for any work or labor thereon of any kind or for
amount due under the Unemployment Insurance Act with respect to such work or labor,or for any amounts due,or to
be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to
such work or labor,then said surety will pay the same in or to an amount not exceeding the amount hereinabove set
forth,and also will pay in case suit is brought upon this bond,such reasonable attorney's fees to the City as shall be
fixed by the court.
This bond shall insure to the benefit of any and all persons,companies,and corporations named in Section
3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit
brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications
accompanying the same shall,in any way,affect its obligations of this bond,and it does hereby waive notice of any
change,extension of time, alteration,or addition to the terms of the contract or to the work or to the specifications.
Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Payment Bond 1320-1
IN WITNESS EREOF,the Principal and Surety have executed this ins ent under their
seals this 25th day of September 20 24 ,the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative,pursuant to
authority of its goyg ing body.
00"1
..04;f1P 41:f
* ,
Principal
r
(Seal 401 z
• 4.0% Signature f Principal
'f-oritiettil- •
Joseph P. Richardson, Regional Chief Estimator
Title of sbn atory
Travelers Casualty and Surety Company of America
Surety
(Seal)
Si0sature for Surety
Isabel Barron Attorney In Fact
Title of Siyi atory
1 Tower Square Hartford,CT 06183
Address of Surety
860-277-8170
Phone#of Surety
Jen Moore
Contact Person For Surety
Payment Bond 1320-2
A notary public or other officer completing this
certificate verifies only the identity of the individual AC • LE I T
who signed the document to which this certificate is
attached,and not the truthfulness,accuracy,or validity
of that document.
State of California
County of Santa Cruz
On September 25,2024 before me, Mariella Rubio,Notary Public
(insert name and title of the officer)
personally appeared Isabel Barron
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
MARIELLA RUBIO
COMM.#2410765 z
w
o a Notary Public California
z Santa Cruz County rf.
M Comm Eviresguly,14 20261
Signature (Seal)
Mariella Rubio,Notary Public
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERS wm . St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein
collectively called the"Companies'),and that the Companies do hereby make,constitute and appoint Isabel Barron of
WATSONVILLE , California , their true and lawful Attomey(s)-in-Fact to sign, execute, seal and
acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April,
2021.
Q + 8ARTFORL1 1413)
% CxkkL i<Q Y' .t 0 -0R
Yff
State of Connecticut
By: x
City of Hartford ss. Robert L.Rene , enior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF,I hereunto set my hand and official seal. waroof
My Commission expires the 30th day of June,2026 * t tove
t
p �� Anna P.Nowik,Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies,which resolutions are now in full force and effect,reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her,and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;
or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more:Company officers pursuant to a written delegation of authority;and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to
any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature and facsimile seal **hall be valid and binding on the Company in the future with respect to any bond or
understanding to which it is attached. •
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a
true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect.
Dated this 25th day of September 2024
,}�4;may 3 a
4t
y
++ . HARTFORD, W...
Kevin E.Hughes,Assr tent Secretary
To verify the authenticity of this Power ofAttorney,please call us at 1-800-422-3880.
Please refer to the above-named Attomey(s)In-Fact and the details of the bond to which this Power of Attorney is attached.
SECTION 1330
WO' RS'COMPENSATION INS ' • CE CERT CATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the
Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured against liability for workers compensation or to undertake self-insurance in accordance
with the provisions of that code, and I will comply with such provisions before co encing the
performance of the work of this contract."
j 6$ 14 - ILIA 6440s ze.1
/
Signature
‘3C Tooe„
keg«komAL r CST1
Title
ToT4L if .0
Z 62
Date
Workers'Compensation Insurance 1330-1
SECTION 1340
LIABILITY • I INS ' 'CE • Q I' I NTS
1.0 INDE I IFICATION
Contractor shall defend, indemnify and hold harmless the City,City Council and each member thereof,and
every officer,employee and agent of City,from any claim,demand,damage,liability, loss,cost or expense
(including,without limitation,attorney's fees and costs)arising from any intentional,reckless,negligent,or
otherwise wrongful acts,errors or omissions of the Contractor,or any of the Contractor" employees,or any
of its subcontractors arising out of work under this Contract.
The City does not,and shall not,waive any rights that it may have against Contractor,any of the Contractor's
employees, or any of its subcontractors under this Section because of the acceptance by the City, or the
deposit with the City, of any insurance policy or certificate required pursuant to this Contract. The hold
harmless,indemnification and duty to defend provisions of this Section shall apply regardless of whether or
not said insurance policies are determined to be applicable to the claim,demand,damage,liability,loss,cost
or expense described herein. The City will not be liable for any accident, loss,or damage to the work prior
to its completion and acceptance.
2.0 INS ' CE REQU l NTS
2.1 General
After award of Contract,the Contractor shall promptly obtain,at its own expense,all the insurance required
by Paray .ph 1340-2.0,INS ' CE " •UIREMENTS,and shall submit coverage verification for review
and approval by the City upon execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not
commence work, until such insurance has been approved by the City. The Contractor shall not allow any
subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor
has been obtained and verified by Contractor.Such insurance shall remain in full force and effect at all times
during the prosecution of the Work and until the final completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by
Paragraph 1340-2.0 INSURANCE REQUIREMENTS.
2.2 Commercial General Liability Policy
The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability
Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000)
combined single limit for bodily injury and property damage for any one occurrence and a Two Million
Dollar($2,000,000)annual project aggregate,for all of the following:
a. Premises Operations,including Explosion,Collapse and Underground(X,C,and U)Coverage.
b. Completed Operations/Products,including X,C,and U Coverage.
c. Independent Contractors.
d. Blanket Contractual.
e. Deductible shall not exceed One Thousand Dollars($1,000).
Liability&Insurance Requirements 1340-1
2.3 Commercial Business Auto Policy
The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto
Policy,on an occurrence basis,with a minimum amount of not less than One Million Dollars($1,000,000)
combined single limit for bodily injury and property damage,providing at least all of the following coverage:
a. Coverage shall be applicable to any and all leased, owned, hired, or non-owned vehicles used in
pursuit of any of the activities associated with this Contract.
b. Any and all mobile equipment, including cranes, which is not covered under said Commercial
Business Auto Policy shall have said coverage provided for under the Commercial General Liability
Policy.
c. Deductible shall not exceed One Thousand Dollars($1,000).
2.4 Workers'Compensation Insurance
The Contractor shall take out and maintain during the life of the Contract, Worker's Compensation and
Employers'Liability insurance providing coverage for any and all employees of Contractor:
a. The required policy shall provide coverage for Workers'Compensation(Coverage A).
b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers' Liability
(Coverage B).
2.5 Endorsements
All of the following endorsements are required to be made a part of the policies described in this Section
hereof:
a. "The City,City employees and officers,the City Engineer,its consultants,elected officials,agents,
and sub-consultants are hereby added as additional insured insofar as Work done under this Contract
is concerned."
b. "This policy shall be considered primary insurance as respects any other valid and collectible
insurance, including self-insured retention,the City may possess,and any other insurance the City
does possess shall be considered excess insurance only."
c. "This insurance shall act for each insured, and additional insured, as though a separate policy had
been written for each. This, however,will not act to increase the limit of liability of the insuring
company.
d. "Thirty(30) days prior written notice of cancellation shall be given to the City. Such notice shall
be sent to:
Kevin Biersack,Financial Services Director
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City,CA 92234
2.6 Chance in Terms
The Contractor shall provide immediate written notice to the City of any change in terms and conditions
and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the
location identified in Paragraph 1340-2.6.d, Endorsements. The Contractor shall be obligated to pay any
extra premium for maintaining the insurance requirements specified herein.
Liability&Insurance Requirements 1340-2