TABLE OF CONTENTS

Notice Inviting Bids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Instructions to Bidders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Proposal

Engineer’s Estimate of Quantities (Proposal). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P1Public Contract Code Section 10162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P7Public Contract Code Section 10232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P7Public Contract Code Section 10285.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P8Noncollusion Affidavit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P9Equal Employment Opportunity Certification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P10Debarment and Suspension Certification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P11Nonlobbying Certification for Federal-Aid Contracts. . . . . . . . . . . . . . . . . . . . . . . . . P12Disclosure of Lobbying Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P13Local Agency Bidder UDBE Commitment Exhibit 15-G1 (Construction Contracts). . P16Local Agency Bidder UDBE Commitment Exhibit 15-G2 (Construction Contracts. . . P18Disadvantaged Business Enterprises (DBE) Certification Status Change. . . . . . . . . P20UDBE Information - Good Faith Effort. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P22Final Report-Utilization of Disadvantaged Business Enterprises. . . . . . . . . . . . . . . . P22List of Subcontractors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P25Signature Page. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P29Bidder's Bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P30

AgreementAgreement Cover Page. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Signature Page. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Payment Bond.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Performance Bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Maintenance Bond.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Special ProvisionsSupplemental Disposal Site Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Contract Provisions Requiring Personal Certification of all Claims. . . . . . . . . . . . . . . . 14Reference Documents.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Project Introduction and Special Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16Part 1, Modifications to General Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51Part 2, Modifications to Construction Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72Part 3, Modifications to Construction Methods.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73Part 4, Rock Products. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79Federal Wage Rates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

Technical Specifications - Bound SeparatelyDiestelhorst Bridge Preservation and Rehabilitation Plan . . . . . . . . . . . . . . Attachment A

DrawingsTitle Sheet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23666Data Sheet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23667Construction Area Signs (Detour/Staging).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23668Temporary Striping No. 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23669Temporary Striping No. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23670Traffic Details. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23671Paving Plan and Details.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23672Striping Plan No. 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23673Striping Plan No. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23674Water Plan No. 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23675

Table of Contents ContinuedWater Details. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23677Electrical Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23678Electrical Details. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23679General Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23680Removal Details No. 1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23681Removal Details No. 2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23682Abutment Details No. 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23683Abutment Details No. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23684Pier Details No. 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23685Pier Details No. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23686Rail and Luminare Details. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23687Expansion Joint Details. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23688Concrete Repairs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23689*Original Arch Bridge Plan, 1914.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-3871*Original Arch Bridge Plan, 1914.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-3872*Original Arch Bridge Plan, 1914.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-3873*Original Arch Bridge Plan, 1914.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-3874

*Provided for Information Only

7

INSTRUCTIONS TO BIDDERS

A. INTRODUCTION

Each proposal shall be made in accordance with the specifications and contract documentsprepared by the City of Redding, Transportation and Engineering Department, EngineeringDivision, 777 Cypress Avenue, Redding, CA 96001.

B. BIDDER'S UNDERSTANDING

The Bidder shall examine carefully the site of the proposed work and the Contract Documentstherefor. The submission of a proposal shall be conclusive evidence that the Bidder hasinvestigated and is satisfied as to the conditions to be encountered, as to the character, quality andquantities of work to be performed and materials to be furnished, and as to the requirements of thecontract documents.

C. PREPARATION AND SUBMISSION OF PROPOSALS

Proposals shall be submitted on the forms provided by the City Engineer and must be signed bythe Bidder or his authorized representative. When signing the proposal, please set forth whetherthe entity/individual is a corporation, a partnership, a joint venture, a sole proprietorship, etc. Thename of the person signing the documents, as well as their authorized capacity, must be typed orprinted below the signature. Any corrections to entries made on proposal forms shall be initialedby the person signing the proposal.

Bidders must quote on all items appearing on the Proposal form, unless specific directions allowfor partial bids. The City will consider failure to quote an item to mean that the item will be providedat no cost. Front loading of cost is prohibited. The Engineer reserves the right to adjust theseamounts. The Bidder shall legibly enter unit or lump sum price in both words and figures, for allitems required on the Proposal. When bids on all items are not required, Bidders shall insert thewords "NO BID" where appropriate. In case of discrepancy, between unit prices and totals, unitprices will prevail. In case of discrepancy between words and figures, the words will prevail.Failure to legibly quote on items may disqualify the bid. Alternate bids will not be considered unlessspecifically called for in the proposal form.

Telegraphic and facsimile proposals will not be considered.

In order to insure consideration, the proposal shall be enclosed in a sealed envelope clearlymarked PROPOSAL, including the name of the job and the opening date and filed with the CityClerk, City of Redding, 777 Cypress Avenue, Redding, CA 96001, before the time set forth in theNotice Inviting Bids. Proposals received after the time indicated will be returned unopened whetheror not bids are opened exactly at the time fixed in the Notice Inviting Bids.

D. PROPOSAL GUARANTY

All Bids shall be accompanied by Cash, a Certified Check, Cashier's Check, or a Bidder's Bondexecuted by a lawfully authorized surety company, made payable to the City of Redding.

The Proposal Guaranty must be enclosed in the same envelope with the proposal. The amountof the Proposal Guaranty shall not be less than 10 percent of the total amount of the Proposal

8

unless otherwise noted in the Notice Inviting Bids. The Proposal will not be considered unless oneof the forms of Proposal Guaranty is enclosed with it. Bidder's Bond shall be dated.

A Bidder's Bond will be accepted only if it is an original made out on either the Bidder's Bond formenclosed in these documents or on a form which conforms to it. Bidder's Bond shall be signed byBidder and by Surety. Surety's signature shall be notarized and the proof of notary and the powerof attorney shall also be original and attached to the original bond at the time the bid is opened.Copies will not be accepted in satisfaction of these requirements.

E. LIST OF SUBCONTRACTORS

Each bidder shall submit with his Proposal a list of subcontractors in conformance with Section 2-3,"Subcontractors," of the Standard Specifications.

Subcontractors may propose on more than one bid.

F. ADDENDA AND EXPLANATIONS TO BIDDERS

Any explanation regarding the meaning or interpretation of plans, specifications, or other ContractDocuments shall be requested in writing, with sufficient allowance of time for receipt of reply beforethe time set for opening of proposals. Any such explanations or interpretations will be made in theform of Addenda to the documents and will be furnished to all listed planholders. Bidders shallacknowledge receipt of all Addenda posted on CIPList.com prior to bid opening. Failure toacknowledge receipt of all Addenda shall cause the bid to be non-responsive and may be rejected.Oral explanations and interpretations shall not be binding.

G. CORRECTION OR WITHDRAWAL OF PROPOSALS

Bid proposal packets shall be submitted to the City Clerk's office prior to the closing date and timeindicated in the Notice Inviting Bids. Bid proposal packets shall not be considered as officiallysubmitted until the Clerk's office has stamped and accepted the proposals. Once bid proposalpackets are officially received, the packets shall not be returned to the bidder and any changes orcorrections to the bid proposal shall only be allowed as follows:

1. Request for Correction to Bid Proposal

Any changes or corrections to the bid proposal shall be made in writing, shall clearly define thenature of the changes, and shall be hand delivered to the Clerk's office in person prior to theofficial closing time for submitting proposals. The written changes or corrections shall besubmitted in a sealed envelope which has the bidders name and bid schedule number clearlymarked on the outside. The envelope shall also clearly indicate on the front that it contains acorrection to the original bid.

The Clerk's office shall stamp the new envelope as "Received" and sign and date the front ofthe envelope. The bidder (or the bidder's representative) and the office staff person shall bothsign, date and print their names over the seal of both the original bid proposal packet and thenew envelope containing the corrected documents as evidence that the two envelopes werenot opened. In the presence of the bidder (or the bidder's representative), the office staffperson shall staple the new envelope to the original bid proposal packet.

9

At the bid opening, the person supervising the bid opening shall open and publicly announcethe contents of both the original bid proposal packet and the new envelope with the corrections.The material in both envelopes shall be treated as one document and the correction documentshall take precedence in determining the corrected bid amount. The Clerk's office shallmaintain both documents in the bid file along with both sides of the envelopes.

2. Request for Withdrawal of Bid Prior to Bid Opening

Requests for withdrawal of bids shall be made either in person or in writing. No telephonicrequests, FAX transmittals, or emails shall be considered for the withdrawal of a bid.

If the request is made in person, the requesting party and the office staff person processing therequest shall both sign their names and write the date over the seal on the bid proposalenvelope as evidence that it was not opened. The office staff person shall then write on thefront of the bid proposal envelope "Bid requested to be withdrawn on [date] by [printed nameof requesting party]". The office staff person and the requesting party shall then sign, date andprint their names on the front of the bid proposal envelope. A copy of the front and back of thebid envelope shall be kept in the bid file.

If the request is made in writing, the office staff person shall sign his/her name and write thedate over the seal of the bid proposal envelope. The office staff person shall then write on thefront of the bid proposal envelope "Bid requested to be withdrawn by letter from [name] dated[date]". The office staff person shall then sign, date and print his/her name on the front of thebid proposal envelope and shall staple a copy of the letter requesting the bid withdrawal to thebid proposal envelope. The original letter and a copy of the front and back of the signed bidenvelope shall be kept in the bid file.

At the bid opening, the bid proposal packet will NOT be opened. The bid proposal packet anda copy of the letter requesting withdrawal, if any, shall be returned unopened to the bidder inthe same manner as bid securities are returned to unsuccessful bidders.

H. Federal Lobbying Restrictions

Section 1352, Title 31, United States Code prohibits Federal funds from being expended by therecipient or any lower tier sub recipient of a Federal-aid contract to pay for any person forinfluencing or attempting to influence a Federal agency or Congress in connection with theawarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering intoof any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with thisFederal-aid contract, the recipient shall submit an executed certification and, if required, submit acompleted disclosure form as part of the bid documents.

A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federalagency is included in the Proposal. Standard Form - LLL, “Disclosure of Lobbying Activities,” withinstructions for completion of the Standard Form is also included in the Proposal. Signing theProposal shall constitute signature of the Certification.

The above referenced certification and disclosure of lobbying activities shall be included in eachsubcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but notcertifications, shall be forwarded from tier to tier until received by the Engineer.

The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the endof each calendar quarter in which there occurs any event that requires disclosure or that materially

10

affects the accuracy of the information contained in any disclosure form previously filed by theContractor, subcontractors and any lower-tier contractors. An event that materially affects theaccuracy of the information reported includes:

(1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid forinfluencing or attempting to influence a covered Federal action; or

(2) A change in the person(s) or individual(s) influencing or attempting to influence a coveredFederal action; or

(3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attemptto influence a covered Federal Action.

I. DISADVANTAGED BUSINESS ENTERPRISE (DBE)

This project is subject to Title 49 CFR 26.13(b):

The contractor, sub recipient, or subcontractor shall not discriminate on the basis of race, color,national origin, or sex in the performance of this contract. The contractor shall carry out applicablerequirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failureby the contractor to carry out these requirements is a material breach of this contract, which mayresult in the termination of this contract or such other remedy as the recipient deems appropriate.

Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in thecontract (49 CFR 26).

To ensure there is equal participation of the DBE groups specified in 49 CFR 26.5, the Agencyspecifies a goal for Underutilized Disadvantaged Business Enterprises (UDBEs). UDBE is a firmthat meets the definition of DBE and is a member of one of the following groups:

1. Black Americans2. Native Americans3. Asian-Pacific Americans4. Women

References to DBEs include UDBEs, but references to UDBEs do not include all DBEs.

Make work available to UDBEs and select work parts consistent with available UDBEsubcontractors and suppliers.

Meet the UDBE goal shown in the Notice to Bidders or demonstrate that you made adequate goodfaith efforts to meet this goal.

It is your responsibility to verify that the UDBE firm is certified as DBE at date of bid opening. Fora list of DBEs certified by the California Unified Certification Program, go to:

http://www.dot.ca.gov/hq/bep/find_certified.htm

Only UDBE participation will count towards the UDBE goal. DBE participation will count towardsthe Agency's Annual Anticipated DBE Participation Level and the California statewide goal.

11

Credit for materials or supplies you purchase from UDBEs counts towards the goal in the followingmanner:

1. 100 percent counts if the materials or supplies are obtained from a UDBE manufacturer.2. 60 percent counts if the materials or supplies are obtained from a UDBE regular dealer.3. Only fees, commissions, and charges for assistance in the procurement and delivery of

materials or supplies count if obtained from a UDBE that is neither a manufacturer or regulardealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."

You receive credit towards the goal if you employ a UDBE trucking company that performs acommercially useful function as defined in 49 CFR 26.55.

UDBE Commitment Submittal

Submit UDBE information on the “Local Agency Bidder-UDBE Commitment (ConstructionContracts),” Exhibit 15-G(1), form included in the Proposal. If the form is not submitted with thebid, remove the form from the Proposal before submitting your bid.

If the UDBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd lowbidder, and the 3rd low bidder must complete and submit the UDBE Commitment form to theAgency. UDBE Commitment form must be received by the City Engineer no later than 4:00p.m. on the 4th business day after bid opening.

Other bidders do not need to submit the UDBE Commitment form unless the Agency requests it.If the Agency requests you to submit a UDBE Commitment form, submit the completed form within4 business days of the request.

Submit written confirmation from each UDBE stating that it is participating in the contract. Includeconfirmation with the UDBE Commitment form. A copy of a UDBE's quote will serve as writtenconfirmation that the UDBE is participating in the contract.

If you do not submit the UDBE Commitment form within the specified time, the Agency finds yourbid nonresponsive.

Good Faith Efforts Submittal

If you have not met the UDBE goal of 10 percent, complete and submit the “UDBE Information -Good Faith Efforts,” Exhibit 15-H, form with the bid showing that you made adequate good faithefforts to meet the goal. Only good faith efforts directed towards obtaining participation by UDBEswill be considered. If good faith efforts documentation is not submitted with the bid, it must bereceived by the Agency no later than 4:00 p.m. on the 4th business day after bid opening.

If your UDBE Commitment form shows that you have met the UDBE goal or if you are required tosubmit the UDBE Commitment form, you must also submit good faith efforts documentation withinthe specified time to protect your eligibility for award of the contract in the event the Agency findsthat the UDBE goal has not been met.

12

Good faith efforts documentation must include the following information and supporting documents,as necessary:

1. Items of work you have made available to UDBE firms. Identify those items of work you mightotherwise perform with its own forces and those items that have been broken down intoeconomically feasible units to facilitate UDBE participation. For each item listed, show thedollar value and percentage of the total contract. It is your responsibility to demonstrate thatsufficient work to meet the goal was made available to UDBE firms.

2. Names of certified UDBEs and dates on which they were solicited to bid on the project. Includethe items of work offered. Describe the methods used for following up initial solicitations todetermine with certainty if the UDBEs were interested, and the dates of the follow-up. Attachsupporting documents such as copies of letters, memos, facsimiles sent, telephone logs,telephone billing statements, and other evidence of solicitation. You are reminded to solicitcertified UDBEs through all reasonable and available means and provide sufficient time to allowUDBEs to respond.

3. Name of selected firm and its status as a UDBE for each item of work made available. Includename, address, and telephone number of each UDBE that provided a quote and their pricequote. If the firm selected for the item is not a UDBE, provide the reasons for the selection.

4. Name and date of each publication in which you requested UDBE participation for the project.Attach copies of the published advertisements.

5. Names of agencies and dates on which they were contacted to provide assistance incontacting, recruiting, and using UDBE firms. If the agencies were contacted in writing, providecopies of supporting documents.

6. List of efforts made to provide interested UDBEs with adequate information about the plans,specifications, and requirements of the contract to assist them in responding to a solicitation.If you have provided information, identify the name of the UDBE assisted, the nature of theinformation provided, and date of contact. Provide copies of supporting documents, asappropriate.

7. List of efforts made to assist interested UDBEs in obtaining bonding, lines of credit, insurance,necessary equipment, supplies, and materials, excluding supplies and equipment that theUDBE subcontractor purchases or leases from the prime contractor or its affiliate. If suchassistance is provided by you, identify the name of the UDBE assisted, nature of the assistanceoffered, and date. Provide copies of supporting documents, as appropriate.

8. Any additional data to support demonstration of good faith efforts.

It is strongly recommended that bidders consider the following when preparing the documentationto be submitted, demonstrating their good faith efforts:

1. Advertising for DBE participation may be placed in newspapers, trade papers, minority focuspapers and on the Internet.

2. The more advertising the better. The wider the audience—especially in trade and focuspublications—the better a prime contractor can “get the word out” they plan to bid a project, thebetter potential for DBEs to know about the project and to whom they should bid.

3. Solicitations and follow-up telephone contacts should occur within reasonable time before theopening bid date to allow the subcontractor time to prepare a quote to submit to the bidder.Telephone or e-mail logs, and fax receipts may be used to corroborate follow-up contacts.

4. Advertisements and solicitations should state which items or portions or work are being madeavailable. The bidder should consider making as many items of work available as possible tomeet the goal, including those items normally performed by the bidder with its own forces.

13

5. Bidders are encouraged to assist DBE subcontractors in the areas of bonding (if required), linesof credit, and obtaining necessary equipment, supplies and materials, and inform DBEs of thisassistance in their solicitations.

6. The documentation to be submitted to the local agency should clearly demonstrate all effortsmade by the bidder to meet the DBE goal. To assist in providing clear documentation, biddersshould consider the following:

• Be careful when referring to “See Attachments” without providing explicit information whereto find the material. Clearly identifying these items as Attachment A, Attachment B, etc. issuggested.

• Attachments may include copies of advertisements, solicitations and logs of telephonefollow-ups, e-mail or fax receipts.

• In documenting the work made available to DBEs, list the bid item number, description ofthe work and what portion of the item was offered, if applicable.

• Include quotes from rejected DBEs and the quotes from the firms selected. If the bidderis doing the work at less cost, include the items to be performed and the costs.

• Identify any contacts with agencies, organizations or groups used or contacted to provideassistance in contacting, recruiting and using DBE firms, and any responses or assistancereceived from them.

• Describe any additional information which would demonstrate that adequate good faithefforts were made to meet the goal.

J. BID OPENING

At the time and place fixed for opening of Proposals, the contents of all proposals will be readpublicly. All bidders and other interested parties are invited to be present in person or byrepresentatives.

K. PLANS AND SPECIFICATIONS

Upon request, the Contractor will be provided five (5) sets of plans and specifications at thePreconstruction Conference. Additional sets will be available from the Engineer at the original costper set.

14

PUBLIC WORKS

AGREEMENT

THIS AGREEMENT, made and entered into in quadruplicate, on the date below written, by and between

the CITY OF REDDING, State of California, a Municipal Corporation and General Law City, through its City

Council, hereinafter referred to as City, and

Contractor

Address

City

hereinafter referred to as Contractor.

W ITNESSETH, that, for the considerations hereinafter mentioned, the City and the Contractor agree as

follows:

The Contractor agrees, at his own expense, to furnish all labor, materials, tools and equipment, and to

perform all the work required to construct and complete in a good and workmanlike manner, in strict

accordance with the Contract Documents, and to the satisfaction of the City, those improvements entitled:

Project Title

Bid Schedule No. #

Job No. #

The Contract Documents herein referred to consist of the following documents:

Notice Inviting Bids

Instructions to Bidders

Proposal

Bidder’s Bond

Agreement

Payment Bond

Performance Bond

General Provisions

Special Provisions

Contract Drawings

Public Liability Insurance

Fire Insurance

W orkers' Compensation Insurance

It is expressly agreed between the parties hereto that should there be any conflict between the terms of

this instrument, or any of the other Contract Documents, and the bid or proposal of the Contractor, then this

instrument, together with the other Contract Documents, shall control and nothing therein shall be considered

as an acceptance of the terms of said bid or proposal of said Contractor.

The City shall make payments on the account of the Contract as specified in the General Provisions.

Except as provided in Section 12940 et seq. of the Government Code, Contractor shall notdiscriminate against any person because of his/her race, religious creed, color, national origin, ancestry,physical disability, mental disability, medical condition, marital status, sexual orientation, domesticpartners, sex, or other protected class nor refuse to hire or employ the person or to refuse to select theperson for a training program leading to employment, or to bar or to discharge the person fromemployment, or from a training program leading to employment, or to discriminate against the personin compensation or in terms, conditions or privileges of employment. The Contractor shall insert in allsubcontracts for any work covered by this [agreement/contract] this nondiscrimination provision.

15

The City agrees to pay the Contractor for the performance of the contract, subject to additionsand deductions provided therein, the following prices, and the Contractor agrees to receive andaccept said following prices as full compensation for furnishing all materials and for doing all thework contemplated and embraced in this agreement, and for all loss or damage arising out of thenature of the aforesaid work or from the action of the elements and from any unforeseen difficultiesor obstructions which may arise or be encountered in the prosecution of the work until itsacceptance by the City, and for all risks of every description connected with the work, and for allexpenses incurred by or in consequence of the suspension or discontinuance of the work and forwell and faithfully completing the work and the whole thereof in the manner and according to theContract Documents and the requirements of the City Engineer, to wit:

The Contractor shall commence work within the time period set forth in the General Provisionsand shall diligently prosecute the same to completion within _______________ (__) working daysfrom the date of commencement of the work.

IN WITNESS WHEREOF, the parties to these presents have hereto set our hands and sealsthis ________ day of _______________, 2012.

APPROVED AS TO FORM: CITY OF REDDING

ByCity Attorney

ByMayor

ATTEST:

Name of Contractor

Type of Entity

Taxpayer Identification Number

"Name" as filed with IRS

ByCity Clerk

ByContractor

By (Seal)

16

BOND NO.:

PUBLIC WORKS

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City Council of the City of Redding, State of California, as Owner, at its regular meeting held on

, has awarded to

as Principal, a contract to do and perform the following work to-wit:

as will more fully appear in said contract, the terms and conditions of said contract being fully incorporated herein by this

reference.

WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure the payment of claims

of laborers, mechanics, materialmen, and other persons as provided by law;

NOW, THEREFORE, we, the Principal and Surety, are held and firmly bound unto the Agency in the sum of

Dollars $

lawful money of the United States of America, for the payment whereof, well and truly to be made, we bind ourselves, our heirs,

executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators,

successors or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due

under the Unemployment Insurance Act with respect to work or labor performed by any such claimant, or any amounts required

to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his

Subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, that the

Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above

obligation shall be void. In case suit is brought upon this bond, the said Surety will pay a reasonable attorney's fee to be fixed

by the court.

This bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under Civil

Code Section 3181 so as to give a right of action to them or their assigns in any suit brought upon this bond.

IN WITNESS WHEREOF, we have hereto set our hands and seals on this day of , .

APPROVED AS TO FORM:

Principal

City Attorney By:

ATTEST: (Seal)

City Clerk Name of Surety

By: (Seal)

Attorney-In-Fact

17

BOND NO.:

PUBLIC WORKS

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City Council of the City of Redding, State of California, as Owner, at its regular meeting held on , has awarded to

as Principal, a contract to do and perform the following work to-wit:

as will more fully appear in said contract, the terms and conditions of said contract being fully incorporated herein by this reference.

WHEREAS, said Principal is required under terms of said contract to furnish a bond for the faithful performance of saidcontract;

NOW, THEREFORE, we, the Principal and

as Surety, are held and firmly bound unto the Owner in the sum of

Dollars $

lawful money of the United States of America, for the payment whereof, well and truly to be made, we bind ourselves, our heirs,executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators,successors or assigns, or subcontractors, shall in all things stand to and abide by, and well and truly keep and perform thecovenants, conditions, and agreements in the said contract and any alteration thereof as there provided, on his or their part, to bekept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaningand shall indemnify and save harmless the Owner, its officers, and agents as therein stipulated then this obligation shall becomenull and void; otherwise it shall be and remain in full force and virtue.

As the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to theterms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affectits obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to theterms of the contract or to the work or to the specifications.

If said Owner shall require any further or other bond for its protection in the premises, such further or other bond shall befurnished by the Principal with Surety or Sureties satisfactory to the Owner within ten days after notice of such requirement is givento the Principal, and in case of failure on the part of the Principal to comply with said requirement, the Owner shall have the right,at its option, to terminate said contract with said Principal.

IN WITNESS WHEREOF, we have hereto set our hands and seals on this day of , .

APPROVED AS TO FORM:

Principal

Assistant City Attorney By:

ATTEST: (Seal)

City Clerk Name of Surety

By: (Seal)

Attorney-In-Fact

18

BOND NO.:

PUBLIC WORKS

MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT WE, the undersigned,

as Principal, and

a corporation organized and existing under the laws of the State of California, and

authorized to do business in the State if California, as Surety, are held and firmly bound unto the CITY OF REDDING,

hereinafter called Obligee, in the sum

($ ) Dollars,

lawful money of the Untied States of America, for the payment of which well and truly to be made, we do hereby jointly and

severally bind ourselves, our heirs, executors, administrators, successors and assigns firmly by these presents.

WHEREAS, said Principal has heretofore entered into a contract with the Obligee above named for

, and,

WHEREAS, the work called for under said contract has been completed and accepted by said Obligee:

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal shall, for a period of

year(s) from and after the day of , ,

indemnify the Obligee against any loss or damage directly arising by reason of any defect in the material or workmanship

which may be discovered within the period aforesaid, then this obligation shall be void; otherwise the same shall remain in

full force and effect.

PROVIDED, HOWEVER, that in the event of any default on the part of said Principal, written statement of the particular

facts showing such default and the date thereof shall be delivered to the Surety by registered mail promptly and in any event

within ten (10) days after the Obligee or his representative shall learn of such default; and that no claim, suit, or action by

reason of any default of the Principal shall be brought hereunder after the expiration of thirty (30) days from the end of the

maintenance period as herein set forth.

IN WITNESS WHEREOF, we have hereto set our hands and seals on this day of , .

APPROVED AS TO FORM:

Principal

Assistant City Attorney By:

ATTEST: (Seal)

City Clerk Name of Surety

By: (Seal)

Attorney-In-Fact

19

SUPPLEMENTAL DISPOSAL SITE AGREEMENT

Contract B/S No.

Job No.

Brian CraneCity Engineer777 Cypress AvenueRedding, CA 96001

Dear Sir:

In accordance with Section 300-1.3, Removal and Disposal of Materials, of the Standard Specification,the following agreement for usage of the disposal site for subject contract is submitted, as requiredprior to disposal of said materials.

WHEREAS, Contractor has entered into Contract B/S No. with the City ofRedding, hereinafter called "City", for the performance of work on , and

WHEREAS, pursuant to the authority of said Contract, , Contractor, and , Owner have entered into anagreement under which Contractor may dispose of materials on Owner's property,

NOW THEREFORE, pursuant to said Contract B/S No. Contractor and Ownerhereby notify the City that disposal of materials by Contractor on Owner's propertylocated at will be done pursuant to agreement betweenContractor and Owner and not pursuant to the arrangement between the City andOwner, dated , and Owner specifically agrees that the City ishereby released from any and all obligations to Owner under the City's saidarrangement with owner.

Date Owner

Date Contractor

By: Authorized Agent

Title:

c: City EngineerContractorProperty OwnerResident Engineer

20

CONTRACT PROVISION REQUIRING PERSONAL CERTIFICATION OF ALL CLAIMS:

I, , being the (must be an officer) of

(General Contractor), declare under penaltyof perjury under the laws of the State of California, and do personally certify and attest that I havethoroughly reviewed the attached claim for additional compensation and / or extension of time, andknow it’s contents, and said claim is made in good faith; the supporting data is truthful and accurate/that the amount requested accurately reflects the contract adjustment for which the contractor believesthe owner is liable; and, further, that I am familiar with California Penal Code Section 72, pertaining tofalse claims, and further know and understand that submission or certification of a false claim may leadto fines, imprisonment and / or other severe legal consequences.

Submission of a claim, properly certified, with all required supporting documentation and writtenrejection or denial of all or part of the claim by owner, is a condition precedent to any action,proceeding, litigation, suit or demand for arbitration by contractor.

21

REFERENCE DOCUMENTS

Standard Specifications for Public Works Construction

Standard Specifications for Public Works Construction (SSPWC) the "Greenbook," 2009 Edition andcurrent supplements as amended, prepared by the Southern California Chapter of American PublicWorks Association, and the Southern California District, Associated General Contractors of California,relates to the Work of this Project and is hereby made a part of this Contract as though fully containedherein.

The Contractor is hereby specifically directed, as a condition of the Contract, to obtain the necessarynumber of copies of Standard Specifications for Public Works Construction, to acquaint himself withthe Articles contained therein, and to notify and apprise all subcontractors and any other parties to theContract, or individuals or agencies engaged in the work, as to its contents.

No contractual adjustments shall be due or become critical as a result of failure on the part of theContractor to fully acquaint himself with the conditions of Standard Specifications for Public WorksConstruction.

Copies of Standard Specification for Public Works Construction, commonly called the "Greenbook,"2009 Edition and current supplements, may be obtained from Building News, Inc., 1612 SouthClementine Street, Anaheim, CA 92802 (714) 517-0970.

City of Redding Construction Standards

The documents hereinafter referred to as the “City Standards” is the separately bound City of ReddingConstruction Standards, dated 2007, and amendments. Copies are available for purchase or reviewat the City of Redding, Public Works, Engineering Division, 777 Cypress Avenue, Redding, CA 96001,during regular business hours. Section B of the City of Redding Construction Standards is deleted.

Other Reference Specifications

Where other reference specifications such as those of ASTM, AASHTO, etc., have been referred to,the applicable portion of such specifications shall become a part of these Contract Documents. Incase of conflict between the Standard Specifications and these special provisions, the specialprovisions shall take precedence over and be used in lieu of the conflicting portions.

22

PROJECT INTRODUCTION AND SPECIAL REQUIREMENTS

A. SCOPE OF THE WORK

The work to be performed under this contract consists of the following:

The repair and preservation of the Diestelhorst Bridge over the Sacramento River (BridgeNo. 6C-0001) including concrete removal and reconstruction, concrete repairs, polymer concreteoverlay, reinforced concrete retaining walls, bridge lighting and electrical service, water service,ductile iron waterline and thrust block repair, asphalt concrete paving, signs, striping, traffic control,and incidentals as set forth in the project plans and specifications.

The Work involves repairing, rehabilitating, and preserving the Diestelhorst Bridge in accordancewith the requirements of the National Park Service Secretary of Interior Standards forRehabilitation of Historic Structures. The project plans and specifications include specialtyrequirements that may not be typically encountered in public works construction. For example,specialty requirements for this project include: developing and using specialized concrete mixeswith certain material properties that are consistent with the concrete used in original construction;utilizing forms and forming systems that result in finished concrete surfaces consistent with theoriginal design; and confirming dimensions of existing bridge elements and features andconstructing concrete forms that replicate the intent of the original bridge plans. Prospectivecontractors should thoroughly familiarize themselves with the full requirements of the project plansand specifications before preparing and submitting a bid.

B. TIME OF COMPLETION

Attention is directed to Sections 6-1 and 6-7 of the General Provisions, "Construction Schedule andCommencement of Work" and "Time of Completion." In accordance with the provisions of theseSubsections, the Contractor shall begin work within fifteen (15) days after the date of the execution ofthe construction contract and thereafter diligently prosecute the same to completion within a period notto exceed two hundred fifty (250) working days. The contract time shall commence on the fifteenthday after execution of the construction contract or on the date of commencement of the work,whichever occurs first.

MISCELLANEOUS REQUIREMENTS

Disadvantaged Business Enterprise (DBE/Good Faith Effort Requirements)

Bidders are directed to Instructions to Bidders related to Disadvantaged Business Enterprise (DBE)Program requirements. In accordance with these requirements, Bidders shall meet a UDBE goal of 10percent and/or shall demonstrate a “Good Faith” effort to meet this goal. This effort requires that theBidder comply with provisions in the Instruction to Bidders to assure that UDBEs are used wheneverpossible as sources of supplies, construction, equipment, or services. Failure to take the steps asoutlined shall cause the bid to be rejected as nonresponsive.

The contractor shall report UDBE utilization to the Engineer as outlined in the Instructions to Biddersusing the forms provided.

23

Prebid Conference

A prebid conference is scheduled between staff and interested bidders at 9 a.m. on May 1, 2012, atthe Diestelhorst Bridge at which time the project and the requirements of the funding program will bereviewed.

Preconstruction Conference

A meeting will be scheduled between staff and the successful bidder at a time and place determinedby the Engineer to review the project plans, specifications, and any special requirements of the fundingprogram.

Labor Nondiscrimination

Attention is directed to the following Notice that is required by chapter 5 of Division 4 of Title 2,California Code of Regulations.

Notice of Requirement for Nondiscrimination Program(Gov. Code, Section 12990)

The Specifications are applicable to all nonexempt state construction contracts and subcontracts of$5,000.

Buy America Requirements

Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Actof 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA)Sections 1041(a) and 1048(a), and the regulations adopted pursuant thereto. In conformance with thelaw and regulations, all manufacturing processes for steel and iron materials furnished forincorporation into the work on this project shall occur in the United States; with the exception that pigiron and processed, pelletized and reduced iron ore manufactured outside of the United States may beused in the domestic manufacturing process for such steel and iron materials. The application ofcoatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances thevalue of steel or iron materials shall be considered a manufacturing process subject to the "BuyAmerica" requirements.

A Certificate of Compliance, conforming to the provisions in Section 6-1.07, "Certificates ofCompliance," of the State of California, Department of Transportation Standard Specifications, shall befurnished for steel and iron materials. The certificates, in addition to certifying that the materialscomply with the specifications, shall specifically certify that all manufacturing processes for thematerials occurred in the United States, except for the above exceptions.

The requirements imposed by the law and regulations do not prevent a minimal use of foreign steeland iron materials if the total combined cost of the materials used does not exceed one-tenth of onepercent (0.1 percent) of the total contract cost or $2,500, whichever is greater. The Contractor shallfurnish the Engineer acceptable documentation of the quantity and value of the foreign steel and ironprior to incorporating the materials into the work.

24

Subcontractor and DBE Records

The Contractor shall maintain records showing the name and business address of each first-tiersubcontractor. The records shall also show the name and business address of every DBEsubcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The recordsshall show the date of payment and the total dollar figure paid to all of these firms. DBE primecontractors shall also show the date of work performed by their own forces along with thecorresponding dollar value of the work.

Upon completion of the contract, a summary of these records shall be prepared on "Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First Tier Subcontractors" Form CEM-2402(F) and certified correct by the Contractor or the Contractor's authorized representative, and shallbe furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from the dateof contract acceptance. The amount of $10,000 will be withheld from payment until a satisfactoryform is submitted.

Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineershowing the amount paid to DBE trucking companies. The Contractor shall also obtain and submitdocumentation to the Engineer showing the amount paid by DBE trucking companies to all firms,including owner-operators, for the leasing of trucks. If the DBE leases trucks from a non-DBE, theContactor may count only the fee or commission the DBE receives as a result of the leasearrangement.

The Contractor shall also obtain and submit documentation to the Engineer showing the truck number,owner's name, California Highway Patrol CA number, and if applicable, the DBE certification numberof the owner of the truck for all trucks used during that month. This documentation shall be submittedon "Monthly DBE Trucking Verification" Form CEM-2404(F).

DBE Certification Status

If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shallnotify the Contractor in writing with the date of decertification. If a subcontractor becomes a certifiedDBE during the life of the project, the subcontractor shall notify the Contractor in writing with the dateof certification. The Contractor shall furnish the written documentation to the Engineer.

Upon completion of the contract, "Disadvantaged Business Enterprises (DBE) Certification StatusChange" Form CEM-2403(F) indicating the DBEs' existing certification status shall be signed andcertified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 daysfrom the date of contract acceptance.

Performance of Subcontractors

The subcontractors listed by you in the Proposal shall list therein the name and address of eachsubcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excessof one-half of one percent of the total bid or $10,000, whichever is greater, in accordance with theSubletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the PublicContract Code. The bidder’s attention is invited to other provisions of the Act related to the impositionof penalties for a failure to observe its provisions by using unauthorized subcontractors or by makingunauthorized substitutions.

25

UDBEs must perform work or supply materials as listed in the “Local Agency Bidder - UDBECommitment” form specified under Section 2, "Bidding," of these special provisions. Do not terminatea UDBE listed subcontractor for convenience and perform the work with your own forces or obtainmaterials from other sources without prior written authorization from the Agency.

The Agency grants authorization to use other forces or sources of materials for requests that show anyof the following justifications:

1. Listed UDBE fails or refuses to execute a written contract based on plans and specifications for theproject.

2. You stipulate a bond is a condition of executing the subcontract and the listed UDBE fails to meetyour bond requirements.

3. Work requires a contractors license and listed UDBE does not have a valid license underContractors License Law.

4. Listed UDBE fails or refuses to perform the work or furnish the listed materials.5. Listed UDBE's work is unsatisfactory and not in compliance with the contract.6. Listed UDBE delays or disrupts the progress of the work.7. Listed UDBE becomes bankrupt or insolvent.

If a listed UDBE subcontractor is terminated, you must make good faith efforts to find another UDBEsubcontractor to substitute for the original UDBE. The substitute UDBE must perform at least thesame amount of work as the original UDBE under the contract to the extent needed to meet the UDBEgoal.

The substitute UDBE must be certified as a DBE at the time of request for substitution.

The Agency does not pay for work or material unless it is performed or supplied by the listed UDBE,unless the UDBE is terminated in accordance with this section.

Partnering

The City of Redding will promote the formation of a "Partnering" relationship with the Contractor inorder to effectively complete the contract to the benefit of both parties. The purpose of thisrelationship will be to maintain cooperative communication and mutually resolve conflicts at the lowestpossible management level.

The Contractor may request the formation of such a "Partnering" relationship by submitting a requestin writing to the Engineer after approval of the contract. If the Contractor's request for "Partnering" isapproved by the Engineer, scheduling of a "Partnering" workshop, selecting the "Partnering" facilitatorand workshop site, and other administrative details shall be as agreed to by both parties.

The costs involved in providing a facilitator and a workshop site will be borne equally by the City ofRedding and the Contractor. The Contractor shall pay all compensation for the wages and expensesof the facilitator, and of the expenses for obtaining the workshop site. The City's share of such costswill be reimbursed to the Contractor in a change order written by the Engineer. Markups will not beadded. All other costs associated with the "Partnering" relationship will be borne separately by theparty incurring the costs.

26

The establishment of a "Partnering" relationship will not change or modify the terms and conditions ofthe contract and will not relieve either party of the legal requirements of the contract.

Training

For the federal training program, no trainees or apprentices are required.

Subcontracting

No subcontract releases the Contractor from the contract or relieves the Contractor of theirresponsibility for a subcontractor's work.

If the Contractor violates Pub Cont Code § 4100 et seq., the City of Redding may exercise theremedies provided under Pub Cont Code § 4110. The City of Redding may refer the violation to theContractors State License Board as provided under Pub Cont Code § 4111.

The Contractor shall perform work equaling at least 30 percent of the value of the original total bid withthe Contractor’s own employees and equipment, owned or rented, with or without operators.Each subcontract must comply with the contract.

Each subcontractor must have an active and valid State contractor's license with a classificationappropriate for the work to be performed (Bus & Prof Code, § 7000 et seq.).

Submit copies of subcontracts upon request by the Engineer.

Before subcontracted work starts, submit a Subcontracting Request form.

Do not use a debarred contractor; a current list of debarred contractors is available at the Departmentof Industrial Relations' Web site.

Upon request by the Engineer, immediately remove and not again use a subcontractor who fails toprosecute the work satisfactorily.

Each subcontract and any lower tier subcontract that may in turn be made shall include the "RequiredContract Provisions Federal-Aid Construction Contracts" in Section 14 of these special provisions.Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld fromprogress payments due, or to become due, until correction is made. Failure to comply may result intermination of the contract.

27 FR - thru FR-17

Federal Requirements for Federal-Aid Construction Project

GENERAL.—The work herein proposed will be financedin whole or in part with Federal funds, and therefore all ofthe statutes, rules and regulations promulgated by theFederal Government and applicable to work financed inwhole or in part with Federal funds will apply to suchwork. The "Required Contract Provisions, Federal-AidConstruction Contracts, "Form FHWA 1273, are includedin this Section 14. Whenever in said required contractprovisions references are made to "SHA contractingofficer", "SHA resident engineer", or "authorizedrepresentative of the SHA", such references shall beconstrued to mean "Engineer" as defined in Section 1-1.18 of the Standard Specifications.

PERFORMANCE OF PREVIOUS CONTRACT.—Inaddition to the provisions in Section II,"Nondiscrimination," and Section VII, "Subletting orAssigning the Contract," of the required contractprovisions, the Contractor shall comply with thefollowing:

The bidder shall execute the CERTIFICATION WITHREGARD TO THE PERFORMANCE OF PREVIOUSCONTRACTS OR SUBCONTRACTS SUBJECT TOTHE EQUAL OPPORTUNITY CLAUSE AND THEFILING OF REQUIRED REPORTS located in theproposal. No request for subletting or assigning anyportion of the contract in excess of $10,000 will beconsidered under the provisions of Section VII of therequired contract provisions unless such request isaccompanied by the CERTIFICATION referred to above,executed by the proposed subcontractor.

NON-COLLUSION PROVISION.—The provisions in thissection are applicable to all contracts except contractsfor Federal Aid Secondary projects.

Title 23, United States Code, Section 112, requires as acondition precedent to approval by the Federal HighwayAdministrator of the contract for this work that eachbidder file a sworn statement executed by, or on behalfof, the person, firm, association, or corporation to whomsuch contract is to be awarded, certifying that suchperson, firm, association, or corporation has not, eitherdirectly or indirectly, entered into any agreement,participated in any collusion, or otherwise taken anyaction in restraint of free competitive bidding inconnection with the submitted bid. A form to make thenon-collusion affidavit statement required by Section 112as a certification under penalty of perjury rather than asa sworn statement as permitted by 28, USC, Sec. 1746,is included in the proposal.

PARTICIPATION BY MINORITY BUSINESSENTERPRISES IN SUBCONTRACTING.

Part 26, Title 49, Code of Federal Regulations applies tothis Federal-aid project. Pertinent sections of said Codeare incorporated in part or in its entirety within othersections of these special provisions.

Schedule B—Information for Determining Joint VentureEligibility(This form need not be filled in if all joint venture firms areminority owned.)

1. Name of joint venture

2. Address of joint venture

3. Phone number of joint venture

4. Identify the firms, which comprise the joint venture.(The MBE partner must complete Schedule A.)

a. Describe the role of the MBE firm in the jointventure.

b. Describe very briefly the experience andbusiness qualifications of each non-MBE jointventurer:

5. Nature of the joint venture's business

6. Provide a copy of the joint venture agreement.

7. What is the claimed percentage of MBE ownership?

8. Ow nership of joint venture: (This need not be filled inif described in the joint venture agreement, providedby question 6.).

28 FR - thru FR-17

a. Profit and loss sharing.b. Capital contributions, including equipment.c. Other applicable ownership interests.

9. Control of and participation in this contract. Identifyby name, race, sex, and "firm" those individuals(and their titles) who are responsible for day-to-daymanagement and policy decision-making, including,but not limited to, those with prime responsibility for:

a. Financial decisions

b. Management decisions, such as:

1. Estimating decisions

2. Marketing and sales decisions

3. Hiring and firing of management personneldecisions

4. Purchasing of major items or supplies

decisions

c. Supervision of field operations decisions

Note.—If, after filing this Schedule B and before thecompletion of the joint venture's work on the contractcovered by this regulation, there is any significantchange in the information submitted, the joint venturemust inform the grantee, either directly or through theprime contractor if the joint venture is a subcontractor.

Affidavit

"The undersigned swear that the foregoing statementsare correct and include all material informationnecessary to identify and explain the terms andoperation of our joint venture and the intendedparticipation by each joint venturer in the undertaking.Further, the undersigned covenant and agree to provideto grantee current, complete and accurate informationregarding actual joint venture work and the paymenttherefore and any proposed changes in any of the jointventure arrangements and to permit the audit andexamination of the books, records and files of the jointventure, or those of each joint venturer relevant to thejoint venture, by authorized representatives of thegrantee or the Federal funding agency. Any materialmisrepresentation will be grounds for terminating anycontract which may be awarded and for initiating actionunder Federal or State laws concerning falsestatements."

Name of FirmName of Firm

Signature Signature

Name Name

Title Title

Date Date

Date

State of

County of

On this ____ day of _______________, 20 __, before me

appeared (Name) _________________, to me personally

known, who, being duly sworn, did execute the foregoing

affidavit, and did state that he or she was properly

authorized by (Name of firm)

__________________________ to execute the affidavit

and did so as his or her free act and deed.

Notary Public

Commission expires

[Seal]

Date

State of

County of

On this ___ day of _______________, 20 __, before me

appeared (Name) _________________ to me personally

known, who, being duly sworn, did execute the foregoing

affidavit, and did state that he or she was properly

authorized by (Name of firm)

to execute the affidavit and did so as his or her free act and

deed.

Notary Public

Commission expires

[Seal]

29 FR - thru FR-17

REQUIRED CONTRACT PROVISIONSFEDERAL-AID CONSTRUCTION CONTRACTS

PageI. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3II. Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . 3III. Nonsegregated Facilities . . . . . . . . . . . . . . . . . . . . . 5IV. Payment of Predetermined Minimum Wage .. . . . . . 6V. Statements and Payrolls . . . . . . . . . . . . . . . . . . . . . 8VI. Record of Materials, Supplies, and Labor . . . . . . . . 9VII. Subletting or Assigning the Contract . . . . . . . . . . . . 9VIII. Safety: Accident Prevention . . . . . . . . . . . . . . . . . 10IX. False Statements Concerning Highway Project. . . 10X. Implementation of Clean Air Act and Federal Water

Pollution Control Act. . . . . . . . . . . . . . . . . . . . . . . . 10XI. Certification Regarding Debarment, Suspension,

Ineligibility, and Voluntary Exclusion . . . . . . . . . . . 11XII. Certification Regarding Use of Contract Funds for

Lobbying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

ATTACHMENTS

A. Employment Preference for Appalachian Contracts(included in Appalachian contracts only)

I. GENERAL

1. These contract provisions shall apply to all workperformed on the contract by the contractor's ownorganization and with the assistance of workers underthe contractor's immediate superintendence and to allwork performed on the contract by piecework, stationwork, or by subcontract.

2. Except as otherwise provided for in each section, thecontractor shall insert in each subcontract all of thestipulations contained in these Required ContractProvisions, and further require their inclusion in anylower tier subcontract or purchase order that may inturn be made. The Required Contract Provisions shallnot be incorporated by reference in any case. Theprime contractor shall be responsible for compliance byany subcontractor or lower tier subcontractor with theseRequired Contract Provisions.

3. A breach of any of the stipulations contained in theseRequired Contract Provisions shall be sufficientgrounds for termination of the contract.

4. A breach of the following clauses of the RequiredContract Provisions may also be grounds fordebarment as provided in 29 CFR 5.12:

Section I, paragraph 2;Section IV, paragraphs 1, 2, 3, 4, and 7;Section V, paragraphs 1 and 2a through 2g.

5. Disputes arising out of the labor standards provisions ofSection IV (except paragraph 5) and Section V of theseRequired Contract Provisions shall not be subject to thegeneral disputes clause of this contract. Such disputesshall be resolved in accordance with the procedures ofthe U.S. Department of Labor (DOL) as set forth in29 CFR 5, 6, and 7. Disputes within the meaning ofthis clause include disputes between the contractor (orany of its subcontractors) and the contracting agency,the DOL, or the contractor's employees or their

representatives.

6. Selection of Labor: During the performance of thiscontract, the contractor shall not:

a. discriminate against labor from any other State,possession, or territory of the United States(except for employment preference forAppalachian contracts, when applicable, asspecified in Attachment A), or

b. employ convict labor for any purpose within thelimits of the project unless it is labor performedby convicts who are on parole, supervisedrelease, or probation.

II. NONDISCRIMINATION

(Applicable to all Federal-aid construction contracts and toall related subcontracts of $10,000 or more.)

1. Equal Employment Opportunity:Equalemployment opportunity (EEO) requirements not todiscriminate and to take affirmative action to assureequal opportunity as set forth under laws, executiveorders, rules, regulations (28 CFR 35,29 CFR 1630, and 41 CFR 60) and orders of theSecretary of Labor as modified by the provisionsprescribed herein, and imposed pursuant to23 U.S.C. 140 shall constitute the EEO and specificaffirmative action standards for the contractor'sproject activities under this contract. The EqualOpportunity Construction Contract Specificationsset forth under 41 CFR 60-4.3 and the provisions ofthe American Disabilities Act of 1990(42 U.S.C. 12101 et seq.) set forth under28 CFR 35 and 29 CFR 1630 are incorporated byreference in this contract. In the execution of thiscontract, the contractor agrees to comply with thefollowing minimum specific requirement activities ofEEO:

a. The contractor will work with the State highwayagency (SHA) and the Federal Government incarrying out EEO obligations and in their reviewof his/her activities under the contract.

b. The contractor will accept as his operating policythe following statement:

"It is the policy of this Company to assure that applicantsare employed, and that employees are treated duringemployment, without regard to their race, religion, sex,color, national origin, age or disability. Such action shallinclude: employment, upgrading, demotion, or transfer;recruitment or recruitment advertising; layoff ortermination; rates of pay or other forms of compensation;and selection for training, including apprenticeship,preapprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate andmake known to the SHA contracting officers anEEO Officer who will have the responsibility for andmust be capable of effectively administering andpromoting an active contractor program of EEO and

30 FR - thru FR-17

who must be assigned adequate authority and responsibilityto do so.3. Dissemination of Policy: All members of the

contractor's staff who are authorized to hire, supervise,promote, and discharge employees, or whorecommend such action, or who are substantiallyinvolved in such action, will be made fully cognizant of,and will implement, the contractor's EEO policy andcontractual responsibilities to provide EEO in eachgrade and classification of employment. To ensure thatthe above agreement will be met, the following actionswill be taken as a minimum:

a. Periodic meetings of supervisory and personneloffice employees will be conducted before the startof work and then not less often than once every sixmonths, at which time the contractor's EEO policyand its implementation will be reviewed andexplained. The meetings will be conducted by theEEO Officer.

b. All new supervisory or personnel office employeeswill be given a thorough indoctrination by the EEOOfficer, covering all major aspects of thecontractor's EEO obligations within thirty daysfollowing their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitmentfor the project will be instructed by the EEO Officerin the contractor's procedures for locating and hiringminority group employees.

d. Notices and posters setting forth the contractor'sEEO policy will be placed in areas readilyaccessible to employees, applicants foremployment and potential employees.

e. The contractor's EEO policy and the procedures toimplement such policy will be brought to theattention of employees by means of meetings,employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, thecontractor will include in all advertisements foremployees the notation: "An Equal OpportunityEmployer." All such advertisements will be placed inpublications having a large circulation among minoritygroups in the area from which the project work forcewould normally be derived.a. The contractor will, unless precluded by a valid

bargaining agreement, conduct systematic anddirect recruitment through public and privateemployee referral sources likely to yield qualifiedminority group applicants. To meet thisrequirement, the contractor will identify sources ofpotential minority group employees, and establishwith such identified sources procedures wherebyminority group applicants may be referred to thecontractor for employment consideration.

b. In the event the contractor has a valid bargainingagreement providing for exclusive hiring hallreferrals, he is expected to observe the provisions ofthat agreement to the extent that the system permitsthe contractor's compliance with EEO contractprovisions. (The DOL has held that whereimplementation of such agreements has the effectof discriminating against minorities or women, orobligates the contractor to do the same, suchimplementation violates Executive Order 11246, asamended.)

c. The contractor will encourage his presentemployees to refer minority group applicants foremployment. Information and procedures withregard to referring minority group applicants willbe discussed with employees.

5. Personnel Actions: Wages, working conditions,and employee benefits shall be established andadministered, and personnel actions of every type,including hiring, upgrading, promotion, transfer,demotion, layoff, and termination, shall be takenwithout regard to race, color, religion, sex, nationalorigin, age or disability. The following proceduresshall be followed:

a. The contractor will conduct periodic inspectionsof project sites to insure that working conditionsand employee facilities do not indicatediscriminatory treatment of project sitepersonnel.

b. The contractor will periodically evaluate thespread of wages paid within each classificationto determine any evidence of discriminatorywage practices.

c. The contractor will periodically review selectedpersonnel actions in depth to determine whetherthere is evidence of discrimination. Whereevidence is found, the contractor will promptlytake corrective action. If the review indicatesthat the discrimination may extend beyond theactions reviewed, such corrective action shallinclude all affected persons.

d. The contractor will promptly investigate allcomplaints of alleged discrimination made to thecontractor in connection with his obligationsunder this contract, will attempt to resolve suchcomplaints, and will take appropriate correctiveaction within a reasonable time. If theinvestigation indicates that the discriminationmay affect persons other than the complainant,such corrective action shall include such otherpersons. Upon completion of eachinvestigation, the contractor will inform everycomplainant of all of his avenues of appeal.

6. Training and Promotion:

a. The contractor will assist in locating, qualifying,and increasing the skills of minority group andwomen employees, and applicants foremployment.

b. Consistent with the contractor's work forcerequirements and as permissible under Federaland State regulations, the contractor shall makefull use of training programs, i.e., apprenticeship,and on-the-job training programs for thegeographical area of contract performance.Where feasible, 25 percent of apprentices ortrainees in each occupation shall be in their firstyear of apprenticeship or training. In the event aspecial provision for training is provided underthis contract, this subparagraph will besuperseded as indicated in the special provision.

c. The contractor will advise employees andapplicants for employment of available trainingprograms and entrance requirements for each.

d. The contractor will periodically review thetraining and promotion potential of minority

31 FR - thru FR-17

group and women employees and will encourageeligible employees to apply for such training andpromotion.

7. Unions: If the contractor relies in whole or in part uponunions as a source of employees, the contractor willuse his/her best efforts to obtain the cooperation ofsuch unions to increase opportunities for minoritygroups and women within the unions, and to effectreferrals by such unions of minority and femaleemployees. Actions by the contractor either directly orthrough a contractor's association acting as agent willinclude the procedures set forth below:

a. The contractor will use best efforts to develop, incooperation with the unions, joint training programsaimed toward qualifying more minority groupmembers and women for membership in the unionsand increasing the skills of minority groupemployees and women so that they may qualify forhigher paying employment.

b. The contractor will use best efforts to incorporate anEEO clause into each union agreement to the endthat such union will be contractually bound to referapplicants without regard to their race, color,religion, sex, national origin, age or disability.

c. The contractor is to obtain information as to thereferral practices and policies of the labor unionexcept that to the extent such information is withinthe exclusive possession of the labor union andsuch labor union refuses to furnish such informationto the contractor, the contractor shall so certify tothe SHA and shall set forth what efforts have beenmade to obtain such information.

d. In the event the union is unable to provide thecontractor with a reasonable flow of minority andwomen referrals within the time limit set forth in thecollective bargaining agreement, the contractor will,through independent recruitment efforts, fill theemployment vacancies without regard to race, color,religion, sex, national origin, age or disability;making full efforts to obtain qualified and/orqualifiable minority group persons and women.(The DOL has held that it shall be no excuse thatthe union with which the contractor has a collectivebargaining agreement providing for exclusivereferral failed to refer minority employees.) In theevent the union referral practice prevents thecontractor from meeting the obligations pursuant toExecutive Order 11246, as amended, and thesespecial provisions, such contractor shallimmediately notify the SHA.

8. Selection of Subcontractors, Procurement ofMaterials and Leasing of Equipment: The contractorshall not discriminate on the grounds of race, color,religion, sex, national origin, age or disability in theselection and retention of subcontractors, includingprocurement of materials and leases of equipment.a. The contractor shall notify all potential

subcontractors and suppliers of his/her EEOobligations under this contract.

b. Disadvantaged business enterprises (DBE), asdefined in 49 CFR 26, shall have equal opportunityto compete for and perform subcontracts which thecontractor enters into pursuant to this contract. Thecontractor will use his best efforts to solicit bids fromand to utilize DBE subcontractors or subcontractors

with meaningful minority group and femalerepresentation among their employees.Contractors shall obtain lists of DBEconstruction firms from SHA personnel.

c. The contractor will use his best efforts to ensuresubcontractor compliance with their EEOobligations.

9. Records and Reports: The contractor shall keepsuch records as necessary to document compliancewith the EEO requirements. Such records shall beretained for a period of three years followingcompletion of the contract work and shall beavailable at reasonable times and places forinspection by authorized representatives of the SHAand the FHWA.

a. The records kept by the contractor shalldocument the following:(1) The number of minority and non-minority

group members and women employed ineach work classification on the project;

(2) The progress and efforts being made incooperation with unions, when applicable,to increase employment opportunities forminorities and women;

(3) The progress and efforts being made inlocating, hiring, training, qualifying, andupgrading minority and female employees;and

(4) The progress and efforts being made insecuring the services of DBEsubcontractors or subcontractors withmeaningful minority and femalerepresentation among their employees.

b. The contractors will submit an annual report tothe SHA each July for the duration of the project,indicating the number of minority, women, andnon-minority group employees currentlyengaged in each work classification required bythe contract work. This information is to bereported on Form FHWA-1391. If on-the-jobtraining is being required by special provision,the contractor will be required to collect andreport training data.

III NONSEGREGATED FACILITIES

(Applicable to all Federal-aid construction contracts and toall related subcontracts of $10,000 or more.)

a. By submission of this bid, the execution of thiscontract or subcontract, or the consummation ofthis material supply agreement or purchaseorder, as appropriate, the bidder, Federal-aidconstruction contractor, subcontractor, materialsupplier, or vendor, as appropriate, certifies thatthe firm does not maintain or provide for itsemployees any segregated facilities at any of itsestablishments, and that the firm does notpermit its employees to perform their services atany location, under its control, where segregatedfacilities are maintained. The firm agrees that abreach of this certification is a violation of theEEO provisions of this contract. The firm furthercertifies that no employee will be denied accessto adequate facilities on the basis of sex ordisability.

32 FR - thru FR-17

b. As used in this certification, the term "segregatedfacilities" means any waiting rooms, work areas,restrooms and washrooms, restaurants and othereating areas, time clocks, locker rooms, and otherstorage or dressing areas, parking lots, drinkingfountains, recreation or entertainment areas,transportation, and housing facilities provided foremployees which are segregated by explicitdirective, or are, in fact, segregated on the basis ofrace, color, religion, national origin, age or disability,because of habit, local custom, or otherwise. Theonly exception will be for the disabled when thedemands for accessibility override (e.g. disabledparking).

c. The contractor agrees that it has obtained or willobtain identical certification from proposedsubcontractors or material suppliers prior to awardof subcontracts or consummation of material supplyagreements of $10,000 or more and that it will retainsuch certifications in its files.

IV. PAYMENT OF PREDETERMINED MINIMUM WAGE

(Applicable to all Federal-aid construction contractsexceeding $2,000 and to all related subcontracts, except forprojects located on roadways classified as local roads or ruralminor collectors, which are exempt.)

1. General:

a. All mechanics and laborers employed or workingupon the site of the work will be paid unconditionallyand not less often than once a week and withoutsubsequent deduction or rebate on any account[except such payroll deductions as are permitted byregulations (29 CFR 3)] issued by the Secretary ofLabor under the Copeland Act (40 U.S.C. 276c) thefull amounts of wages and bona fide fringe benefits(or cash equivalents thereof) due at time ofpayment. The payment shall be computed at wagerates not less than those contained in the wagedetermination of the Secretary of Labor (hereinafter"the wage determination") which is attached heretoand made a part hereof, regardless of anycontractual relationship which may be alleged toexist between the contractor or its subcontractorsand such laborers and mechanics. The wagedetermination (including any additionalclassifications and wage rates conformed underparagraph 2 of this Section IV and the DOL poster(WH-1321) or Form FHWA-1495) shall be posted atall times by the contractor and its subcontractors atthe site of the work in a prominent and accessibleplace where it can be easily seen by the workers.For the purpose of this Section, contributions madeor costs reasonably anticipated for bona fide fringebenefits under Section 1(b)(2) of the Davis-BaconAct (40 U.S.C. 276a) on behalf of laborers ormechanics are considered wages paid to suchlaborers or mechanics, subject to the provisions ofSection IV, paragraph 3b, hereof. Also, for thepurpose of this Section, regular contributions madeor costs incurred for more than a weekly period (butnot less often than quarterly) under plans, funds, orprograms, which cover the particular weekly period,are deemed to be constructively made or incurredduring such weekly period. Such laborers andmechanics shall be paid the appropriate wage rate

and fringe benefits on the wage determinationfor the classification of work actually performed,without regard to skill, except as provided inparagraphs 4 and 5 of this Section IV.

b. Laborers or mechanics performing work in morethan one classification may be compensated atthe rate specified for each classification for thetime actually worked therein, provided, that theemployer's payroll records accurately set forththe time spent in each classification in whichwork is performed.

c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in29 CFR 1, 3, and 5 are herein incorporated byreference in this contract.

2. Classification:

a. he SHA contracting officer shall require that anyclass of laborers or mechanics employed underthe contract, which is not listed in the wagedetermination, shall be classified inconformance with the wage determination.

b. The contracting officer shall approve anadditional classification, wage rate and fringebenefits only when the following criteria havebeen met:(1) the work to be performed by the additional

classification requested is not performed bya classification in the wage determination;

(2) the additional classification is utilized in thearea by the construction industry;

(3) the proposed wage rate, including any bonafide fringe benefits, bears a reasonablerelationship to the wage rates contained inthe wage determination; and

(4) with respect to helpers, when such aclassification prevails in the area in whichthe work is performed.

c. If the contractor or subcontractors, asappropriate, the laborers and mechanics (ifknown) to be employed in the additionalclassification or their representatives, and thecontracting officer agree on the classificationand wage rate (including the amount designatedfor fringe benefits where appropriate), a report ofthe action taken shall be sent by the contractingofficer to the DOL, Administrator of the Wageand Hour Division, Employment StandardsAdministration, Washington, D.C. 20210. TheWage and Hour Administrator, or an authorizedrepresentative, will approve, modify, ordisapprove every additional classification actionwithin 30 days of receipt and so advise thecontracting officer or will notify the contractingofficer within the 30-day period that additionaltime is necessary.

d. In the event the contractor or subcontractors, asappropriate, the laborers or mechanics to beemployed in the additional classification or theirrepresentatives, and the contracting officer donot agree on the proposed classification andwage rate (including the amount designated forfringe benefits, where appropriate), thecontracting officer shall refer the questions,including the views of all interested parties andthe recommendation of the contracting officer, to

33 FR - thru FR-17

the Wage and Hour Administrator for determination. SaidAdministrator, or an authorized representative, will issue adetermination within 30 days of receipt and so advise thecontracting officer or will notify the contracting officer withinthe 30-day period that additional time is necessary

e. The wage rate (including fringe benefits whereappropriate) determined pursuant to paragraph 2cor 2d of this Section IV shall be paid to all workersperforming work in the additional classification fromthe first day on which work is performed in theclassification.

3. Payment of Fringe Benefitsa. Whenever the minimum wage rate prescribed in the

contract for a class of laborers or mechanicsincludes a fringe benefit which is not expressed asan hourly rate, the contractor or subcontractors, asappropriate, shall either pay the benefit as stated inthe wage determination or shall pay another bonafide fringe benefit or an hourly case equivalentthereof.

b. If the contractor or subcontractor, as appropriate,does not make payments to a trustee or other thirdperson, he/she may consider as a part of the wagesof any laborer or mechanic the amount of any costsreasonably anticipated in providing bona fide fringebenefits under a plan or program, provided, that theSecretary of Labor has found, upon the writtenrequest of the contractor, that the applicablestandards of the Davis-Bacon Act have been met.The Secretary of Labor may require the contractorto set aside in a separate account assets for themeeting of obligations under the plan or program.

4. Apprentices and Trainees (Programs of the U.S.DOL) and Helpers:a. Apprentices:

(1) Apprentices will be permitted to work at lessthan the predetermined rate for the work theyperformed when they are employed pursuant toand individually registered in a bona fideapprenticeship program registered with theDOL, Employment and Training Administration,Bureau of Apprenticeship and Training, or witha State apprenticeship agency recognized bythe Bureau, or if a person is employed inhis/her first 90 days of probationaryemployment as an apprentice in such anapprenticeship program, who is not individuallyregistered in the program, but who has beencertified by the Bureau of Apprenticeship andTraining or a State apprenticeship agency(where appropriate) to be eligible forprobationary employment as an apprentice.

(2) The allowable ratio of apprentices tojourneyman-level employees on the job site inany craft classification shall not be greater thanthe ratio permitted to the contractor as to theentire work force under the registered program.Any employee listed on a payroll at anapprentice wage rate, who is not registered orotherwise employed as stated above, shall bepaid not less than the applicable wage ratelisted in the wage determination for theclassification of work actually performed. Inaddition, any apprentice performing work on

the job site in excess of the ratio permittedunder the registered program shall be paidnot less than the applicable wage rate onthe wage determination for the workactually performed. Where a contractor orsubcontractor is performing construction ona project in a locality other than that inwhich its program is registered, the ratiosand wage rates (expressed in percentagesof the journeyman-level hourly rate)specified in the contractor's orsubcontractor's registered program shall beobserved.

(3) Every apprentice must be paid at not lessthan the rate specified in the registeredprogram for the apprentice's level ofprogress, expressed as a percentage of thejourneyman-level hourly rate specified inthe applicable wage determination.Apprentices shall be paid fringe benefits inaccordance with the provisions of theapprenticeship program. If theapprenticeship program does not specifyfringe benefits, apprentices must be paidthe full amount of fringe benefits listed onthe wage determination for the applicableclassification. If the Administrator for theWage and Hour Division determines that adifferent practice prevails for the applicableapprentice classification, fringes shall bepaid in accordance with that determination.

(4) In the event the Bureau of Apprenticeshipand Training, or a State apprenticeshipagency recognized by the Bureau,withdraws approval of an apprenticeshipprogram, the contractor or subcontractorwill no longer be permitted to utilizeapprentices at less than the applicablepredetermined rate for the comparablework performed by regular employees untilan acceptable program is approved.

b. Trainees:(1) Except as provided in 29 CFR 5.16,

trainees will not be permitted to work at lessthan the predetermined rate for the workperformed unless they are employedpursuant to and individually registered in aprogram which has received prior approval,evidenced by formal certification by theDOL, Employment and TrainingAdministration.

(2) The ratio of trainees to journeyman-levelemployees on the job site shall not begreater than permitted under the planapproved by the Employment and TrainingAdministration. Any employee listed on thepayroll at a trainee rate who is notregistered and participating in a trainingplan approved by the Employment andTraining Administration shall be paid notless than the applicable wage rate on thewage determination for the classification ofwork actually performed. In addition, anytrainee performing work on the job site inexcess of the ratio permitted under theregistered program shall be paid not lessthan the applicable wage rate on the wage

34 FR - thru FR-17

determination for the work actually performed.(3) Every trainee must be paid at not less than the

rate specified in the approved program forhis/her level of progress, expressed as apercentage of the journeyman-level hourly ratespecified in the applicable wage determination.Trainees shall be paid fringe benefits inaccordance with the provisions of the traineeprogram. If the trainee program does notmention fringe benefits, trainees shall be paidthe full amount of fringe benefits listed on thewage determination unless the Administrator ofthe Wage and Hour Division determines thatthere is an apprenticeship program associatedwith the corresponding journeyman-level wagerate on the wage determination which providesfor less than full fringe benefits for apprentices,in which case such trainees shall receive thesame fringe benefits as apprentices.

(4) In the event the Employment and TrainingAdministration withdraws approval of a trainingprogram, the contractor or subcontractor will nolonger be permitted to utilize trainees at lessthan the applicable predetermined rate for thework performed until an acceptable program isapproved.

c. Helpers:Helpers will be permitted to work on a project if thehelper classification is specified and defined on theapplicable wage determination or is approvedpursuant to the conformance procedure set forth inSection IV.2. Any worker listed on a payroll at ahelper wage rate, who is not a helper under anapproved definition, shall be paid not less than theapplicable wage rate on the wage determination forthe classification of work actually performed.

5. Apprentices and Trainees (Programs of the U.S.DOT):

Apprentices and trainees working under apprenticeshipand skill training programs which have been certified bythe Secretary of Transportation as promoting EEO inconnection with Federal-aid highway constructionprograms are not subject to the requirements ofparagraph 4 of this Section IV. The straight time hourlywage rates for apprentices and trainees under suchprograms will be established by the particularprograms. The ratio of apprentices and trainees tojourneymen shall not be greater than permitted by theterms of the particular program.

6. Withholding:

The SHA shall upon its own action or upon writtenrequest of an authorized representative of the DOLwithhold, or cause to be withheld, from the contractor orsubcontractor under this contract or any other Federalcontract with the same prime contractor, or any otherFederally-assisted contract subject to Davis-Baconprevailing wage requirements which is held by thesame prime contractor, as much of the accruedpayments or advances as may be considerednecessary to pay laborers and mechanics, includingapprentices, trainees, and helpers, employed by thecontractor or any subcontractor the full amount ofwages required by the contract. In the event of failureto pay any laborer or mechanic, including any

apprentice, trainee, or helper, employed or workingon the site of the work, all or part of the wagesrequired by the contract, the SHA contracting officermay, after written notice to the contractor, take suchaction as may be necessary to cause thesuspension of any further payment, advance, orguarantee of funds until such violations haveceased.

7. Ov ertime Requirements:

No contractor or subcontractor contracting for anypart of the contract work which may require orinvolve the employment of laborers, mechanics,watchmen, or guards (including apprentices,trainees, and helpers described in paragraphs 4and 5 above) shall require or permit any laborer,mechanic, watchman, or guard in any workweek inwhich he/she is employed on such work, to work inexcess of 40 hours in such workweek unless suchlaborer, mechanic, watchman, or guard receivescompensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hoursworked in excess of 40 hours in such workweek.

8. Violation:

Liability for Unpaid Wages; Liquidated Damages: Inthe event of any violation of the clause set forth inparagraph 7 above, the contractor and anysubcontractor responsible thereof shall be liable tothe affected employee for his/her unpaid wages. Inaddition, such contractor and subcontractor shall beliable to the United States (in the case of work doneunder contract for the District of Columbia or aterritory, to such District or to such territory) forliquidated damages. Such liquidated damages shallbe computed with respect to each individual laborer,mechanic, watchman, or guard employed inviolation of the clause set forth in paragraph 7, inthe sum of $10 for each calendar day on whichsuch employee was required or permitted to work inexcess of the standard work week of 40 hourswithout payment of the overtime wages required bythe clause set forth in paragraph 7.

9. Withholding for Unpaid Wages and LiquidatedDamages:

The SHA shall upon its own action or upon writtenrequest of any authorized representative of the DOLwithhold, or cause to be withheld, from any moniespayable on account of work performed by thecontractor or subcontractor under any such contractor any other Federal contract with the same primecontractor, or any other Federally-assisted contractsubject to the Contract Work Hours and SafetyStandards Act, which is held by the same primecontractor, such sums as may be determined to benecessary to satisfy any liabilities of such contractoror subcontractor for unpaid wages and liquidateddamages as provided in the clause set forth inparagraph 8 above.

35 FR - thru FR-17

V. STATEMENTS AND PAYROLLS

(Applicable to all Federal-aid construction contractsexceeding $2,000 and to all related subcontracts, except forprojects located on roadways classified as local roads or ruralcollectors, which are exempt.)

1. Compliance with Copeland Regulations (29 CFR 3):

The contractor shall comply with the CopelandRegulations of the Secretary of Labor which are hereinincorporated by reference.

2. Payrolls and Payroll Records:

a. Payrolls and basic records relating thereto shall bemaintained by the contractor and eachsubcontractor during the course of the work andpreserved for a period of 3 years from the date ofcompletion of the contract for all laborers,mechanics, apprentices, trainees, watchmen,helpers, and guards working at the site of the work.

b. The payroll records shall contain the name, socialsecurity number, and address of each suchemployee; his or her correct classification; hourlyrates of wages paid (including rates of contributionsor costs anticipated for bona fide fringe benefits orcash equivalent thereof the types described inSection 1(b)(2)(B) of the Davis Bacon Act); dailyand weekly number of hours worked; deductionsmade; and actual wages paid. In addition, forAppalachian contracts, the payroll records shallcontain a notation indicating whether the employeedoes, or does not, normally reside in the labor areaas defined in Attachment A, paragraph 1.Whenever the Secretary of Labor, pursuant toSection IV, paragraph 3b, has found that the wagesof any laborer or mechanic include the amount ofany costs reasonably anticipated in providingbenefits under a plan or program described inSection 1(b)(2)(B) of the Davis Bacon Act, thecontractor and each subcontractor shall maintainrecords which show that the commitment to providesuch benefits is enforceable, that the plan orprogram is financially responsible, that the plan orprogram has been communicated in writing to thelaborers or mechanics affected, and show the costanticipated or the actual cost incurred in providingbenefits. Contractors or subcontractors employingapprentices or trainees under approved programsshall maintain written evidence of the registration ofapprentices and trainees, and ratios and wage ratesprescribed in the applicable programs.

c. Each contractor and subcontractor shall furnish,each week in which any contract work is performed,to the SHA resident engineer a payroll of wagespaid each of its employees (including apprentices,trainees, and helpers, described in Section IV,paragraphs 4 and 5, and watchmen and guardsengaged on work during the preceding weeklypayroll period). The payroll submitted shall set outaccurately and completely all of the informationrequired to be maintained under paragraph 2b ofthis Section V. This information may be submittedin any form desired. Optional Form WH-347 is

available for this purpose and may bepurchased from the Superintendent ofDocuments (Federal stock number 029-005-0014-1), U.S. Government Printing Office,Washington, D.C. 20402. The prime contractoris responsible for the submission of copies ofpayrolls by all subcontractors.

d. Each payroll submitted shall be accompanied bya "Statement of Compliance," signed by thecontractor or subcontractor or his/her agent whopays or supervises the payment of the personsemployed under the contract and shall certifythe following:

(1) that the payroll for the payroll periodcontains the information required to bemaintained under paragraph 2b of thisSection V and that such information iscorrect and complete;

(2) that such laborer or mechanic(including each helper, apprentice, andtrainee) employed on the contractduring the payroll period has been paidthe full weekly wages earned, withoutrebate, either directly or indirectly, andthat no deductions have been madeeither directly or indirectly from the fullwages earned, other than permissibledeductions as set forth in theRegulations, 29 CFR 3;

(3) that each laborer or mechanic has beenpaid not less that the applicable wage rateand fringe benefits or cash equivalent forthe classification of worked performed, asspecified in the applicable wagedetermination incorporated into thecontract.

e. The weekly submission of a properly executedcertification set forth on the reverse side ofOptional Form WH-347 shall satisfy therequirement for submission of the "Statement ofCompliance" required by paragraph 2d of thisSection V.

f. The falsification of any of the above certificationsmay subject the contractor to civil or criminalprosecution under 18 U.S.C. 1001 and 31U.S.C. 231.

g. The contractor or subcontractor shall make therecords required under paragraph 2b of thisSection V available for inspection, copying, ortranscription by authorized representatives ofthe SHA, the FHWA, or the DOL, and shallpermit such representatives to interviewemployees during working hours on the job. Ifthe contractor or subcontractor fails to submitthe required records or to make them available,the SHA, the FHWA, the DOL, or all may, afterwritten notice to the contractor, sponsor,applicant, or owner, take such actions as maybe necessary to cause the suspension of anyfurther payment, advance, or guarantee offunds. Furthermore, failure to submit therequired records upon request or to make suchrecords available may be grounds for debarmentaction pursuant to 29 CFR 5.12.

36 FR - thru FR-17

VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR

1. On all Fed eral-aid contracts on the National HighwaySystem, except those which provide solely for theinstallation of protective devices at railroad gradecrossings, those which are constructed on a forceaccount or direct labor basis, highway beautificationcontracts, and contracts for which the total finalconstruction cost for roadway and bridge is less than$1,000,000 (23 CFR 635) the contractor shall:

a. Become familiar with the list of specific materialsand supplies contained in Form FHWA-47,"Statement of Materials and Labor Used byContractor of Highway Construction InvolvingFederal Funds," prior to the commencement of workunder this contract.

b. Maintain a record of the total cost of all materialsand supplies purchased for and incorporated in thework, and also of the quantities of those specificmaterials and supplies listed on Form FHWA-47,and in the units shown on Form FHWA-47.

c. Furnish, upon the completion of the contract, to theSHA resident engineer on Form FHWA-47 togetherwith the data required in paragraph 1b relative tomaterials and supplies, a final labor summary of allcontract work indicating the total hours worked andthe total amount earned.

2. At the prime contractor's option, either a single reportcovering all contract work or separate reports for thecontractor and for each subcontract shall be submitted.

VII. SUBLETTING OR ASSIGNING THE CONTRACT

1. The contractor shall perform with its own organizationcontract work amounting to not less than 30 percent (ora greater percentage if specified elsewhere in thecontract) of the total original contract price, excludingany specialty items designated by the State. Specialtyitems may be performed by subcontract and theamount of any such specialty items performed may bededucted from the total original contract price beforecomputing the amount of work required to beperformed by the contractor's own organization (23CFR 635).

a. "Its own organization" shall be construed to includeonly workers employed and paid directly by theprime contractor and equipment owned or rented bythe prime contractor, with or without operators.Such term does not include employees orequipment of a subcontractor, assignee, or agent ofthe prime contractor.

b. “Specialty Items" shall be construed to be limited towork that requires highly specialized knowledge,abilities, or equipment not ordinarily available in thetype of contracting organizations qualified andexpected to bid on the contract as a whole and ingeneral are to be limited to minor components ofthe overall contract.

2. The contract amount upon which the requirements setforth in paragraph 1 of Section VII is computed includesthe cost of material and manufactured products, whichare to be purchased or produced by the contractorunder the contract provisions.

3. The contractor shall furnish (a) a competentsuperintendent or supervisor who is employed bythe firm, has full authority to direct performance ofthe work in accordance with the contractrequirements, and is in charge of all constructionoperations (regardless of who performs the work)and (b) such other of its own organizationalresources (supervision, management, andengineering services) as the SHA contracting officerdetermines is necessary to assure the performanceof the contract.

4. No portion of the contract shall be sublet, assignedor otherwise disposed of except with the writtenconsent of the SHA contracting officer, orauthorized representative, and such consent whengiven shall not be construed to relieve thecontractor of any responsibility for the fulfillment ofthe contract. Written consent will be given only afterthe SHA has assured that each subcontract isevidenced in writing and that it contains all pertinentprovisions and requirements of the prime contract.

VIII. SAFETY: ACCIDENT PREVENTION

1. In the performance of this contract the contractorshall comply with all applicable Federal, State, andlocal laws governing safety, health, and sanitation(23 CFR 635). The contractor shall provide allsafeguards, safety devices and protectiveequipment and take any other needed actions as itdetermines, or as the SHA contracting officer maydetermine, to be reasonably necessary to protectthe life and health of employees on the job and thesafety of the public and to protect property inconnection with the performance of the workcovered by the contract.

2. It is a condition of this contract, and shall be made acondition of each subcontract, which the contractorenters into pursuant to this contract, that thecontractor and any subcontractor shall not permitany employee, in performance of the contract, towork in surroundings or under conditions which areunsanitary, hazardous or dangerous to his/herhealth or safety, as determined under constructionsafety and health standards (29 CFR 1926)promulgated by the Secretary of Labor, inaccordance with Section 107 of the Contract WorkHours and Safety Standards Act (40 U.S.C. 333).

3. Pursuant to 29 CFR 1926.3, it is a condition of thiscontract that the Secretary of Labor or authorizedrepresentative thereof, shall have right of entry toany site of contract performance to inspect orinvestigate the matter of compliance with theconstruction safety and health standards and tocarry out the duties of the Secretary under Section107 of the Contract Work Hours and SafetyStandards Act (40 U.S.C. 333).

IX. FALSE STATEMENTS CONCERNING HIGHWAYPROJECTS

In order to assure high quality and durable construction inconformity with approved plans and specifications and ahigh degree of reliability on statements and

37 FR - thru FR-17

representations made by engineers, contractors, suppliers,and workers on Federal-aid highway projects, it is essentialthat all persons concerned with the project perform theirfunctions as carefully, thoroughly, and honestly as possible.Willful falsification, distortion, or misrepresentation withrespect to any facts related to the project is a violation ofFederal law. To prevent any misunderstanding regarding theseriousness of these and similar acts, the following noticeshall be posted on each Federal-aid highway project (23 CFR635) in one or more places where it is readily available to allpersons concerned with the project

NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS

18 U.S.C. 1020 reads as follows:

"Whoever being an officer, agent, or employee of the UnitedStates, or any State or Territory, or whoever, whether aperson, association, firm, or corporation, knowingly makesany false statement, false representation, or false report as tothe character, quality, quantity, or cost of the material used orto be used, or the quantity or quality of the work performed orto be performed, or the cost thereof in connection with thesubmission of plans, maps, specifications, contracts, or costsof construction on any highway or related project submittedfor approval to the Secretary of Transportation; or

Whoever knowingly makes any false statement, falserepresentation, false report or false claim with respect to thecharacter, quality, quantity, or cost of any work performed orto be performed, or materials furnished or to be furnished, inconnection with the construction of any highway or relatedproject approved by the Secretary of Transportation; or

Whoever knowingly makes any false statement or falserepresentation as to material fact in any statement,certificate, or report submitted pursuant to provisions of theFederal-aid Roads Act approved July 1, 1916, (39 Stat. 355),as amended and supplemented;

Shall be fined not more that $10,000 or imprisoned not morethan 5 years or both."

X. IMPLEMENTATION OF CLEAN AIR ACT ANDFEDERAL WATER POLLUTION CONTROL ACT

(Applicable to all Federal-aid construction contracts and to allrelated subcontracts of $100,000 or more.)

By submission of this bid or the execution of this contract, orsubcontract, as appropriate, the bidder, Federal-aidconstruction contractor, or subcontractor, as appropriate, willbe deemed to have stipulated as follows:

1. That any facility that is or will be utilized in theperformance of this contract, unless such contract isexempt under the Clean Air Act, as amended (42U.S.C. 1857 et seq., as amended by Pub. L. 91-604),and under the Federal Water Pollution Control Act, asamended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations inimplementation thereof (40 CFR 15) is not listed, on thedate of contract award, on the U.S. EnvironmentalProtection Agency (EPA) List of Violating Facilities

pursuant to 40 CFR 15.20.

2. That the firm agrees to comply and remain incompliance with all the requirements of Section 114of the Clean Air Act and Section 308 of the FederalWater Pollution Control Act and all regulations andguidelines listed thereunder.

3. That the firm shall promptly notify the SHA of thereceipt of any communication from the Director,Office of Federal Activities, EPA, indicating that afacility that is or will be utilized for the contract isunder consideration to be listed on the EPA List ofViolating Facilities.

4. That the firm agrees to include or cause to beincluded the requirements of paragraph 1 through 4of this Section X in every nonexempt subcontract,and further agrees to take such action as thegovernment may direct as a means of enforcingsuch requirements.

XI. CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARYEXCLUSION

1. Instructions for Certification - Primary CoveredTransactions:

(Applicable to all Federal-aid contracts - 49 CFR 29)

a. By signing and submitting this proposal, theprospective primary participant is providing thecertification set out below.

b. The inability of a person to provide thecertification set out below will not necessarilyresult in denial of participation in this coveredtransaction. The prospective participant shallsubmit an explanation of why it cannot providethe certification set out below. The certificationor explanation will be considered in connectionwith the department or agency's determinationwhether to enter into this transaction. However,failure of the prospective primary participant tofurnish a certification or an explanation shalldisqualify such a person from participation inthis transaction.

c. The certification in this clause is a materialrepresentation of fact upon which reliance wasplaced when the department or agencydetermined to enter into this transaction. If it islater determined that the prospective primaryparticipant knowingly rendered an erroneouscertification, in addition to other remediesavailable to the Federal Government, thedepartment or agency may terminate thistransaction for cause of default.

38 FR - thru FR-17

d. The prospective primary participant shall provideimmediate written notice to the department or agencyto whom this proposal is submitted if any time theprospective primary participant learns that itscertification was erroneous when submitted or hasbecome erroneous by reason of changedcircumstances.

e. The terms "covered transaction," "debarred,""suspended," "ineligible," "lower tier coveredtransaction," "participant," "person," "primary coveredtransaction," "principal," "proposal," and "voluntarilyexcluded," as used in this clause, have the meaningsset out in the Definitions and Coverage sections ofrules implementing Executive Order 12549. Youmay contact the department or agency to which thisproposal is submitted for assistance in obtaining acopy of those regulations.

f. The prospective primary participant agrees bysubmitting this proposal that, should the proposedcovered transaction be entered into, it shall notknowingly enter into any lower tier coveredtransaction with a person who is debarred,suspended, declared ineligible, or voluntarilyexcluded from participation in this coveredtransaction, unless authorized by the department oragency entering into this transaction.

g. The prospective primary participant further agreesbysubmitting this proposal that it will include theclause titled "Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by thedepartment or agency entering into this coveredtransaction, without modification, in all lower tiercovered transactions and in all solicitations for lowertier covered transactions.

h. A participant in a covered transaction may rely upona certification of a prospective participant in a lowertier covered transaction that is not debarred,suspended, ineligible, or voluntarily excluded fromthe covered transaction, unless it knows that thecertification is erroneous. A participant may decidethe method and frequency by which it determines theeligibility of its principals. Each participant may, butis not required to, check the nonprocurement portionof the "Lists of Parties Excluded From FederalProcurement or Nonprocurement Programs"(Nonprocurement List) which is compiled by theGeneral Services Administration.

I. Nothing contained in the foregoing shall be construedto require establishment of a system of records inorder to render in good faith the certification requiredby this clause. The knowledge and information ofparticipant is not required to exceed that which isnormally possessed by a prudent person in theordinary course of business dealings.

j. Except for transactions authorized under paragraphf of these instructions, if a participant in a coveredtransaction knowingly enters into a lower tier coveredtransaction with a person who is suspended,debarred, ineligible, or voluntarily excluded fromparticipation in this transaction, in addition to otherremedies available to the Federal Government, thedepartment or agency may terminate this transactionfor cause or default.

* * * * *

Certification Regarding Debarment,Suspension, Ineligibility and Voluntary

Exclusion—Primary Covered Transactions

1. The prospective primary participant certifies to thebest of its knowledge and belief, that it and itsprincipals:

a. Are not presently debarred, suspended,proposed for debarment, declared ineligible, orvoluntarily excluded from covered transactionsby any Federal department or agency;

b. Have not within a 3-year period preceding thisproposal been convicted of or had a civiljudgment rendered against them for commissionof fraud or a criminal offense in connection withobtaining, attempting to obtain, or performing apublic (Federal, State or local) transaction orcontract under a public transaction; violation ofFederal or State antitrust statutes or commissionof embezzlement, theft, forgery, bribery,falsification or destruction of records, makingfalse statements, or receiving stolen property;

c. Are not presently indicted for or otherwisecriminally or civilly charged by a governmentalentity (Federal, State or local) with commissionof any of the offenses enumerated in paragraph1b of this certification; and

d. Have not within a 3-year period preceding thisapplication/proposal had one or more publictransactions (Federal, State or local) terminatedfor cause or default.

2. Where the prospective primary participant is unableto certify to any of the statements in thiscertification, such prospective participant shallattach an explanation to this proposal.

* * * * *

2. Instructions for Certification - Lower TierCovered Transactions:

(Applicable to all subcontracts, purchase orders and otherlower tier transactions of $25,000 or more - 49 CFR 29)

a. By signing and submitting this proposal, theprospective lower tier is providing thecertification set out below.

b. The certification in this clause is a materialrepresentation of fact upon which reliance wasplaced when this transaction was entered into.If it is later determined that the prospective lowertier participant knowingly rendered an erroneouscertification, in addition to other remediesavailable to the Federal Government, thedepartment or agency with which thistransaction originated may pursue availableremedies, including suspension and/ordebarment.

c. The prospective lower tier participant shallprovide immediate written notice to the person towhich this proposal is submitted if at any timethe prospective lower tier participant learns thatits certification was erroneous by reason ofchanged circumstances.

39 FR - thru FR-17

d. The terms "covered transaction," "debarred,""suspended," "ineligible," "primary coveredtransaction," "participant," "person," "principal,""proposal," and "voluntarily excluded," as used in thisclause, have the meanings set out in the Definitionsand Coverage sections of rules implementingExecutive Order 12549. You may contact the personto which this proposal is submitted for assistance inobtaining a copy of those regulations.

e. The prospective lower tier participant agrees bysubmitting this proposal that, should the proposedcovered transaction be entered into, it shall notknowingly enter into any lower tier coveredtransaction with a person who is debarred,suspended, declared ineligible, or voluntarilyexcluded from participation in this coveredtransaction, unless authorized by the department oragency with which this transaction originated.

f. The prospective lower tier participant further agreesby submitting this proposal that it will include thisclause titled "Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," withoutmodification, in all lower tier covered transactionsand in all solicitations for lower tier coveredtransactions.

g. A participant in a covered transaction may rely upona certification of a prospective participant in a lowertier covered transaction that is not debarred,suspended, ineligible, or voluntarily excluded fromthe covered transaction, unless it knows that thecertification is erroneous. A participant may decidethe method and frequency by which it determines theeligibility of its principals. Each participant may, butis not required to, check the Nonprocurement List.

h. Nothing contained in the foregoing shall be construedto require establishment of a system of records inorder to render in good faith the certification requiredby this clause. The knowledge and information ofparticipant is not required to exceed that which isnormally possessed by a prudent person in theordinary course of business dealings.

I. Except for transactions authorized under paragraphe of these instructions, if a participant in a coveredtransaction knowingly enters into a lower tier coveredtransaction with a person who is suspended,debarred, ineligible, or voluntarily excluded fromparticipation in this transaction, in addition to otherremedies available to the Federal Government, thedepartment or agency with which this transactionoriginated may pursue available remedies, includingsuspension and/or debarment.

* * * * *Certification Regarding Debarment,

Suspension, Ineligibility and VoluntaryExclusion-Lower Tier Covered Transactions

1. The prospective lower tier participant certifies, bysubmission of this proposal, that neither it nor itsprincipals is presently debarred, suspended, proposedfor debarment, declared ineligible, or voluntarilyexcluded from participation in this transaction by anyFederal department or agency.

2. Where the prospective lower tier participant isunable to certify to any of the statements in thiscertification, such prospective participant shallattach an explanation to this proposal.

* * * * *

XII. CERTIFICATION REGARDING USE OFCONTRACT FUNDS FOR LOBBYING

(Applicable to all Federal-aid construction contracts and toa l l re la ted subcon trac ts wh ich exceed$100,000 - 49 CFR 20)

1. The prospective participant certifies, by signing andsubmitting this bid or proposal, to the best of his orher knowledge and belief, that:a. No Federal appropriated funds have been paid

or will be paid, by or on behalf of theundersigned, to any person for influencing orattempting to influence an officer or employee ofany Federal agency, a Member of Congress, anofficer or employee of Congress, or anemployee of a Member of Congress inconnection with the awarding of any Federalcontract, the making of any Federal grant, themaking of any Federal loan, the entering into ofany cooperative agreement, and the extension,continuation, renewal, amendment, ormodification of any Federal contract, grant, loan,or cooperative agreement.

b. If any funds other than Federal appropriatedfunds have been paid or will be paid to anyperson for influencing or attempting to influencean officer or employee of any Federal agency, aMember of Congress, an officer or employee ofCongress, or an employee of a Member ofCongress in connection with this Federalcontract,grant, loan, or cooperative agreement,the undersigned shall complete and submitStandard Form-LLL, "Disclosure Form to ReportLobbying," in accordance with its instructions.

2 This certification is a material representation of factupon which reliance was placed when thistransaction was made or entered into. Submissionof this certification is a prerequisite for making orentering into this transaction imposed by 31 U.S.C.1352. Any person who fails to file the requiredcertification shall be subject to a civil penalty of notless than $10,000 and not more than $100,000 foreach such failure.

3 The prospective participant also agrees bysubmitting his or her bid or proposal that he or sheshall require that the language of this certification beincluded in all lower tier subcontracts, which exceed$100,000 and that all such recipients shall certifyand disclose accordingly.

40 FR - thru FR-17

Female and Minority Goals

To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-AidConstruction Contracts," the following are goals for female and minority utilization goals for Federal-aidconstruction contracts and subcontracts that exceed $10,000:

The nationwide goal for female utilization is 6.9 percent

The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:

Minority Utilization Goals

Economic AreaGoal

(Percent)

174 Redding CA:

Non-SMSA Counties:

CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehema

6.8

175 Eureka, CA

Non-SMSA Counties:

CA Del Norte; CA Humboldt; CA Trinity

6.6

176 San Francisco-Oakland-San Jose, CA:

SMSA Counties:

7120 Salinas-Seaside-Monterey, CA

CA Monterey

7360 San Francisco-Oakland

CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo

7400 San Jose, CA

CA Santa Clara, CA

7485 Santa Cruz, CA

CA Santa Cruz

7500 Santa Rosa

CA Sonoma

8720 Vallejo-Fairfield-Napa, CA

CA Napa; CA Solano

Non-SMSA Counties:

CA Lake; CA Mendocino; CA San Benito

28.9

25.6

19.6

14.9

9.1

17.1

23.2

177 Sacramento, CA:

SMSA Counties:

6920 Sacramento, CA

CA Placer; CA Sacramento; CA Yolo

Non-SMSA Counties

CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA

Yuba

16.1

14.3

178 Stockton-Modesto, CA:

SMSA Counties:

5170 Modesto, CA

CA Stanislaus

8120 Stockton, CA

CA San Joaquin

Non-SMSA Counties

CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Toulumne

12.3

24.3

19.8

41 FR - thru FR-17

179 Fresno-Bakersfield, CA

SMSA Counties:

0680 Bakersfield, CA

CA Kern

2840 Fresno, CA

CA Fresno

Non-SMSA Counties:

CA Kings; CA Madera; CA Tulare

19.1

26.1

23.6

180 Los Angeles, CA:

SMSA Counties:

0360 Anaheim-Santa Ana-Garden Grove, CA

CA Orange

4480 Los Angeles-Long Beach, CA

CA Los Angeles

6000 Oxnard-Simi Valley-Ventura, CA

CA Ventura

6780 Riverside-San Bernardino-Ontario, CA

CA Riverside; CA San Bernardino

7480 Santa Barbara-Santa Maria-Lompoc, CA

CA Santa Barbara

Non-SMSA Counties

CA Inyo; CA Mono; CA San Luis Obispo

11.9

28.3

21.5

19.0

19.7

24.6

181 San Diego, CA:

SMSA Counties

7320 San Diego, CA

CA San Diego

Non-SMSA Counties

CA Imperial

16.9

18.2

For each July during which work is performed under the contract, you and each non-material-suppliersubcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (AppendixC to 23 CFR 230). Submit the forms by August 15.

Training

This section applies if a number of trainees or apprentices is specified in the special provisions.

As part of your equal opportunity affirmative action program, provide on-the-job training to develop fulljourneymen in the types of trades or job classifications involved.

You have primary responsibility for meeting this training requirement.

If you subcontract a contract part, determine how many trainees or apprentices are to be trained by thesubcontractor.

Include these training requirements in your subcontract.

Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year ofapprenticeship or training.

42 FR - thru FR-17

Distribute the number of apprentices or trainees among the work classifications on the basis of yourneeds and the availability of journeymen in the various classifications within a reasonable recruitmentarea.

Before starting work, submit to the City of Redding, City Engineer:

1. Number of apprentices or trainees to be trained for each classification2. Training program to be used3. Training starting date for each classification

Obtain the City of Redding’s approval for this submitted information before you start work. The City ofRedding credits you for each apprentice or trainee you employ on the work who is currently enrolled orbecomes enrolled in an approved program.

The primary objective of this section is to train and upgrade minorities and women toward journeymenstatus. Make every effort to enroll minority and women apprentices or trainees, such as conductingsystematic and direct recruitment through public and private sources likely to yield minority and womenapprentices or trainees, to the extent they are available within a reasonable recruitment area. Show thatyou have made the efforts. In making these efforts, do not discriminate against any applicant fortraining.

Do not employ as an apprentice or trainee an employee:

1. In any classification in which the employee has successfully completed a training course leadingto journeyman status or in which the employee has been employed as a journeyman

2. Who is not registered in a program approved by the US Department of Labor, Bureau ofApprenticeship and Training

Ask the employee if the employee has successfully completed a training course leading to journeymanstatus or has been employed as a journeyman. Your records must show the employee's answers to thequestions.

In your training program, establish the minimum length and training type for each classification. TheCity of Redding and FHWA approves a program if one of the following is met:

1. It is calculated to:

1.1.Meet the your equal employment opportunity responsibilities1.2.Qualify the average apprentice or trainee for journeyman status in the classification involved

by the end of the training period

2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training andit is administered in a way consistent with the equal employment responsibilities of federal-aidhighway construction contracts

Obtain the State's approval for your training program before you start work involving the classificationcovered by the program.

43 FR - thru FR-17

Provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training isallowed in lower level management positions such as office engineers, estimators, and timekeepers ifthe training is oriented toward construction applications. Training is allowed in the laborer classificationif significant and meaningful training is provided and approved by the division office. Off-site training isallowed if the training is an integral part of an approved training program and does not make up asignificant part of the overall training.

The City of Redding reimburses you 80 cents per hour of training given an employee on this contractunder an approved training program:

1. For on-site training

2. For off-site training if the apprentice or trainee is currently employed on a federal-aid project andyou do at least one of the following:

2.1.Contribute to the cost of the training2.2.Provide the instruction to the apprentice or trainee2.3.Pay the apprentice's or trainee's wages during the off-site training period

3. If you comply this section.

Each apprentice or trainee must:

1. Begin training on the project as soon as feasible after the start of work involving the apprentice'sor trainee's skill

2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's workclassification or until the apprentice or trainee has completed the training program

Furnish the apprentice or trainee:

1. Copy of the program you will comply with in providing the training

2. Certification showing the type and length of training satisfactorily completed

Maintain records and submit reports documenting your performance under this section.

44

Watering

Watering shall consist of developing a water supply and furnishing all water required for the work,including water used in the performance of work paid for as extra work, and applying all water.

Developing a water supply may include obtaining water for contract purposes from fire hydrant(s)located at or near the work site as determined by the City of Redding Water Division or from privatesources provided by the Contractor at his expense. If he obtains water from a fire hydrant, theContractor shall install a hydrant meter and control valve on the fire hydrant designated as the watersource. The Contractor shall obtain the hydrant meter and control valve from the City of Redding WaterDivision.

The cost of the hydrant meter and control valve are as follows:

$25.00 (nonrefundable; payable when picked up)

$225.00 (refundable deposit for any nonpayment on account and/or repairs tohydrant meter and control valve; payable when picked up)

$166.45 (monthly charge for 3-inch hydrant meter and control valve; billed monthly)

The cost of water is $0.96/CCF.

In the event that a water truck or tank is filled directly from a fire hydrant, there shall be either an air gapor a backflow device acceptable to the City Water Division on the filler pipe.

Full compensation for developing a sufficient supply of water required for the work shall be consideredas included in the prices paid for the various contract items of work involving the use of water and noseparate payment will be made therefor.

Surface Mining and Reclamation Act

Attention is directed to the Surface Mining and Reclamation Act of 1975, commencing in PublicResources Code, Mining, and Geology, Section 2710, which establishes regulations pertinent to surfacemining operations.

Material from mining operations furnished for this project shall only come from permitted sites incompliance with the Surface Mining and Reclamation Act of 1975, and listed in the CaliforniaDepartment of Conservation's Office of Mine Reclamation 3098 list.

The requirements of this section shall apply to all materials furnished for the project, except that theContractor, with the approval of the Engineer, may use in the proposed construction such stone gravel,sand, or other material suitable in the opinion of the Engineer as may be found in excavation. TheContractor will be paid for the excavation of those materials at the contract price for excavation, but theContractor shall replace at the Contractor’s expense with other suitable material all of that portion of thematerial so removed and used which was contemplated for use in the work, except that the Contractorneed not replace, at the Contractor’s expense, any material obtained from structure excavation used asstructure backfill. No charge for materials so used will be made against the Contractor. The Contractorshall not excavate or remove any material from within the project location that is not within theexcavation, as indicated by the slope and grade lines, without written authorization from the Engineer.

45

Disposal of Excess Material

In the event the Contractor proposes to dispose of concrete, asphalt, or other materials at a site otherthan an approved landfill, the Contractor shall obtain written permission from the Engineer of thelocation of the disposal site and provide the City with a completed "Supplemental Disposal SiteAgreement" included in these specifications.

It shall be the responsibility of the Contractor to remove and dispose of all excess material and concreterubble from the job site prior to the end of each work day.

The cost of removing and disposing of the material from the sites shall be considered as included in theunit prices paid for the work, and no additional compensation will be allowed therefor.

Contract Provision Requiring Personal Certification of all Claims

The Contractor’s attention is directed to the Contract Provision Requiring Personal Certification of allClaims found in the Agreement. The Contract Provision Requiring Personal Certification of all Claimsshall be completed and included with any claim for additional compensation and/or extension of time.

Construction Area Signs

Construction area signs shall be furnished, installed, maintained, and removed when no longer requiredin conformance with the plans and these special provisions. The contractor shall be fully andcompletely responsible for furnishing, installing and maintaining all construction area signing. Thisrequirement shall apply continuously and not be limited to working hours.

The Contractor shall notify the appropriate regional notification center for operators of subsurfaceinstallations at least 2 working days, but not more than 14 calendar days, prior to commencingexcavation for construction area sign posts. The regional notification centers include, but are not limitedto, the following:

Notification Center Telephone Number

Underground ServiceAlert-Northern California (USA)

1-800-227-2600

Excavations required to install construction area signs shall be performed by hand methods without theuse of power equipment, except that power equipment may be used if it is determined there are noutility facilities in the area of the proposed post holes.

The lump sum price paid for "Construction Area Signs" shall include full compensation for furnishing alllabor, materials, tools, equipment and incidentals for doing all the work involved in construction areasigns, complete in place, as shown on the plans, as specified in these special provisions, and asdirected by the Engineer.

Sound Control Requirements

The noise level from the Contractor's operations, between the hours of 8:00 p.m. and 7:00 a.m., shallnot exceed 86 dbA at a distance of 50 feet without the written approval of the Engineer. Thisrequirement in no way relieves the Contractor from responsibility for complying with local ordinancesregulating noise level.

46

Said noise level requirement shall apply to all equipment on the job or related to the job, including butnot limited to trucks, transit mixers or transient equipment that may or may not be owned by theContractor. The use of loud sound signals shall be avoided in favor of light warnings except thoserequired by safety laws for the protection of personnel.

Full compensation for conforming to the requirements of this section shall be considered as included inthe prices paid for the various contract items of work involved and no additional compensation will beallowed therefor.

Staging Areas

The Contractor’s attention is directed to Section 7-10.1 for storing materials within the right-of-way.

It shall be the Contractor’s responsibility to obtain temporary staging areas that may be needed duringconstruction from individual property owners prior to use. Staging areas are for temporary workingspace, vehicle and equipment parking, and material storage. The space shall not be used in anymanner that will cause permanent defacement of the property. The Contractor shall restore alltemporary staging areas to their original condition at project closeout and provide the Engineer with asigned statement from each property owner stating that the end condition of the property is satisfactoryas required by special provisions Section 7-9, Protection and Restoration of Existing Improvements.”

Full compensation for obtaining temporary staging areas shall be considered as included in the pricepaid for Mobilization.

Erosion Control (Type)

Erosion Control (Type) shall conform to the provisions in Section 7-8.6, "Water Pollution Control," of theStandard Specifications," and these special provisions and shall consist of applying Erosion Control(Type) materials to the areas shown on the plans, embankment and excavation slopes and other areasdisturbed by construction activities and as directed by the Engineer.

Erosion Control is to be placed between September 1 and March 15th. Areas completed and readyst

for application of Erosion Control outside of these dates shall be temporarily stabilized until theacceptable window begins, or as directed by the Engineer. Areas may be temporarily stabilized usingsoil binders, temporary seed and straw, or just straw. Prior to application of permanent seed, areastemporarily stabilized using soil binders must be scarified by track walking or other means to break upcrusted soils. If areas were temporarily stabilized using seed and straw or just straw, the straw andthick vegetation must be removed and soils scarified prior to application of permanent seed.

Erosion control materials shall consist of seed, fertilizer, fiber, and stabilizing emulsion.

Seed for erosion control work shall consist of one or more of the following types:

Temporary

Seed for temporary erosion control work shall consist of the following mix:

Species Lbs. PLS/Acre

Hordeum Vulgare 250

47

Seed is required to be labeled under the California Food and Agricultural Code and shall be labeled bythe vendors supplying the seed. Seed shall have been tested for purity and germination not more than12 months prior to the application of the seed. Seed labels furnished by the vendors shall indicate thepurity, germination and pure live seed (PLS) as determined by testing. Results from testing the seed forpurity and germination shall be furnished to the Engineer prior to applying seed. Seed shall bedelivered to the job site in unopened separate containers with the seed tag attached. Containerswithout a seed tag will not be accepted.

Permanent

Seed for permanent erosion control work shall consist of the following mix:

Species Lbs. PLS/Acre

Achillea Millefolium 2

Bromus Carinatus 15

Echsholzia California 3

Trifolium Willdenovi 5

Vuplia Microstachys 5

Hordeum Vulgare 100

130

Seed is required to be labeled under the California Food and Agricultural Code and shall be labeled bythe vendors supplying the seed. Seed shall have been tested for purity and germination not more than12 months prior to the application of the seed. Seed labels furnished by the vendors shall indicate thepurity, germination and pure live seed (PLS) as determined by testing. Results from testing the seed forpurity and germination shall be furnished to the Engineer prior to applying seed. Seed shall bedelivered to the job site in unopened separate containers with the seed tag attached. Containerswithout a seed tag will not be accepted.

Seed shall be delivered to the job site in unopened separate containers with the seed tag attached.

Containers without a seed tag will not be accepted.

Fertilizer shall consist of a natural based product with a slow release formulation of 7-2-3 (N-P-K),10 percent sulfur is optional, or as approved by the Engineer. Fertilizer for erosion control work shallconform to the requirements of the California Food and Agricultural Code, shall be in pelleted orgranular form for hydroseeding,, and shall have a minimum guaranteed chemical analysis of 7 percentnitrogen, 2 percent phosphoric acid, 3 percent water soluble potash, and 10 percent sulfur. Fertilizershall be a formulation suitable for hydroseeding purposes and soluble in water.

Straw for erosion control work shall be sterile upland straw, dry oat, wheat, or rice straw, free fromweeds and foreign matter detrimental to plant life. The Contractor shall furnish evidence that clearancehas been obtained from the County Agricultural Commissioner, as required by law, before strawobtained from outside the County is delivered to the site of the work. Straw that has been used forstable bedding shall not be used. Hay or chopped cornstalks are not acceptable. Straw shall bechopped and uniformly applied at a rate specified in this section.

48

Fiber for erosion control work shall be softwood species, wood cellulose fiber which is free of growth orgermination inhibiting ingredients and has the property of dispersing readily in water. The material shallcontain no weed seed and shall be heat-processed to eliminate factors that inhibit growth andgermination. The material shall have no toxic effect when combined with seed or other materials andshall have the following physical and chemical properties:

Moisture content 3 – 7 percent

Organic matter (oven-dried basis) 99.1 percent (minimum)

Ash content 0.9 percent (maximum)

PH @ 3% concentration 4.7 to 7.0 pH

Water holding capacity 200% by weight

The wood fiber shall readily blend with water, grass seed, fertilizer, and other additives to form ahomogeneous slurry or mixture capable of application with power spray equipment. A colored dye thatis noninjurious to plant growth and that fades rapidly with exposure to light may be used. Woodcellulose fiber shall be packaged in new, labeled containers in an air-dry condition.

Stabilizing emulsion for erosion control work shall be a concentrated liquid chemical mixed with fiberthat forms a plastic film upon drying and allows water and air to penetrate. The fiber shall be producedfrom natural or recycled (pulp) fiber, such as wood chips or similar wood materials or from newsprint,chipboard, corrugated cardboard or a combination of these processed materials, and shall be free ofsynthetic or plastic materials. Stabilizing emulsion shall be nontoxic to plant or animal life andnonstaining to concrete or painted surfaces. In the cured state, the stabilizing emulsion may bere-emulsifiable. The material shall be registered with and licensed by the State of California,Department of Food and Agriculture, as an "auxiliary soil chemical."

Erosion control materials shall be applied in separate applications in the following sequence:

A. The following seed and fertilizer mixture shall be applied with hydro-seeding equipment within30 minutes after the seed has been added to the mixture:

Material TemporaryPounds Per Acre

(Minimum)

PermanentPounds Per Acre

(Minimum)

Seed 250 130

Commercial Fertilizer 600 600

Fiber 125 125

B. Straw shall be applied at the rate of 2 tons per acre, or 2.5 tons per acre for slopes greaterthan or equal to 4% slope, based on slope measurements. Incorporation of straw will not berequired. Straw shall be distributed evenly without clumping or piling. When weather conditionsare suitable, straw may be pneumatically spread.

49

C. The following mixture in the rates indicated shall be applied with hydro-seeding equipment:

MaterialTemporary

Pounds Per Acre(Minimum)

PermanentPounds Per Acre

(Minimum)

Fiber 500 500

Tackifier 150 150

The ratio of total water to total tackifier in the mixture shall be as recommended by the manufacturer.

Once seed is started in an area, straw and stabilizing emulsion applications shall be completed in thatarea on the same working day.

The rates of erosion control materials may be changed by the Engineer to meet field conditions.Erosion control will be measured by the square yard or acre.

Full compensation for "Erosion Control (Type)" shall be considered as included in the contract lumpsum paid per "Water Pollution Control Plan" no separate payment will be made. Cold Mill Asphalt Concrete

Cold Mill Asphalt Concrete shall conform to the provisions in Section 302-1, Cold Milling of ExistingPavement, of the standard specifications and the special provisions.

Aggregate Base

Aggregate Base shall conform to the provisions in Section 200-2, Untreated Base Materials, of thestandard specifications and the special provisions.

Asphalt Concrete

Asphalt Concrete shall conform to the provisions in Section 400-4, Asphalt Concrete, of the standardspecifications and the special provisions.

Pavement Marking (Thermoplastic)

Pavement Marking (Thermoplastic) shall conform to the provisions in Section 310-5, Painting VariousSurfaces, of the standard specifications and the special provisions.

Traffic Stripe (Thermoplastic)

Traffic Stripe (Thermoplastic) shall conform to the provisions in Section 310-5, Painting VariousSurfaces, of the standard specifications and the special provisions.

Concrete (Reinforced)

Concrete (Reinforced) shall conform to the provisions in Section 303-1, Concrete Structures, of thestandard specifications and the special provisions.

50

Rock Slope Protection (Facing, Method B)

Rock Slope Protection (Facing, Method B) shall conform to the provisions in Section 72, SlopeProtection, of the State of California Department of Transportation Standard Specifications (May 2006).

Rock Slope Protection Fabric

Rock Slope Protection Fabric shall conform to the provisions in Section 72, Slope Protection, of theState of California Department of Transportation Standard Specifications (May 2006).

51

PART 1 MODIFICATIONS TO GENERAL PROVISIONS

SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS

1-1 Terms

The following terms are added:

Wherever in these documents the words "City" or "Agency" appear, it shall be understood to referto and indicate the City of Redding, a general law city, existing under and by virtue of the laws ofthe State of California.

Written notice shall be deemed to have been duly served if delivered in person to the individual orto a member of the firm or to an officer of the corporation for whom it is intended or if delivered ator sent by registered mail to the last business address known to him who gives the notice.

1-2 Definitions

Definitions are amended or added as follows:

1. Bid Guaranty - The cash, cashier's check, certified check, or Bidder's Bond accompanying theBid as a guaranty that the Bidder will enter into a contract with the Board for the performance ofthe work.

2. Board, Council, and Agency - the officer or body constituting the awarding authority of theagency.

3. City, Contractor, and Engineer -The City, Contractor, and Engineer are those as defined in theStandard Specifications. They are treated throughout the contract document as if each were ofthe singular number and masculine gender.

4. Date of Execution of the Contract - The date on which the Contract is signed by the Board'sauthorized representative.

5. Plans - The drawings, profiles, cross sections, working drawings and supplemental drawings, orreproductions thereof, approved by the Engineer, which show the location, character,dimensions, or details of the Work. Plans may either be bound in the same book as theSpecifications or bound in separate sets, and are a part of the Contract Documents regardlessof the method of binding.

6. Proposal - The offer or proposal of the Bidder submitted on the prescribed Proposal formsetting forth the prices for the work.

7. Standard Specifications - Standard Specifications for Public Works Construction (SSPWC) the"Greenbook", 2009 Edition and current supplements as amended, prepared by the SouthernCalifornia Chapter American Public Works Association, and the Southern California Districts,Associated General Contractors of California.

52

SECTION 2 SCOPE AND CONTROL OF WORK

Add the Following Sections

2-1.1 Acceptance or Rejection of Proposals

The City reserves the right to reject any and all proposals. Without limiting the generality of theforegoing, any proposal which is incomplete, illegible, or irregular may be rejected; any proposal havingerasures or corrections in the price sheet may be rejected; any proposal in which the unit price eitherwritten or in figures is omitted or in which the unit price is obviously unbalanced may be rejected; anyproposal accompanied by an insufficient or irregular bid security may be rejected.

2-1.2 Forfeiture of Proposal Guaranty

If a bidder should, after being awarded the contract, fail to execute the contract and furnish thenecessary bonds, certifications, and insurance in the manner and within the time provided in thesespecifications, the bid security shall be forfeited to the City as liquidated damages, and the award of thecontract shall be annulled.

2-1.3 Return of Proposal Guaranties

All securities will be returned except that of the successful bidder and that of the next lowest biddersup to four (4), which the City will hold until the contract documents have been executed and therequired contract bonds and insurance have been submitted by the successful bidder and accepted bythe City or until bids are rejected.

2-1.4 Award of Contract

The award of the contract, if it is awarded, will be to the lowest responsible bidder whose proposalcomplies with all the requirements prescribed. Such award, if made, will be made within 30 days afterthe opening of the proposals. If the lowest responsible bidder refuses or fails to execute the contract,the City may award the contract to the second lowest responsible bidder. Such award, if made, will bemade within 45 days after the opening of proposals. If the second lowest responsible bidder refuses orfails to execute the contract, the City may award the contract to the third lowest responsible bidder.Such award, if made, will be made within 60 days after the opening of the proposals. The periods oftime specified above within which the award of contract may be made shall be subject to extension forsuch further period as may be agreed upon in writing between the City and the bidder concerned.

All bids will be compared on the basis of the Engineer's estimate of the quantities of work to be done.

A "Local Agency Bidder-DBE Information (Construction Contracts), Exhibit 15-G2" form is included inthe Proposal to be executed by the successful bidder. The purpose of the form is to collect datarequired under 49 CFR 26. Even if no DBE participation will be reported, the successful bidder mustexecute and return the form.

The successful bidder's "Local Agency Bidder- Information (Construction Contracts), Exhibit 15-G2"form should include the names, addresses and phone numbers of DBE firms that will participate, witha complete description of work or supplies to be provided by each, and the dollar value of each DBEtransaction. When 100 percent of a contract item of work is not to be performed or furnished by a DBE,a description of the exact portion of that work to be performed or furnished by that DBE should beincluded in the DBE information, including the planned location of that work. A successful biddercertified as a DBE should describe the work it has committed to performing with its own forces as well

53

as any other work that it has committed to be performed by DBE subcontractors, suppliers and truckingcompanies.

The successful bidder is encouraged to provide written confirmation from each DBE that the DBE isparticipating in the contract. A copy of a DBE's quote will serve as written confirmation that the DBE isparticipating in the contract. If a DBE is participating as a joint venture partner, the successful bidder isencouraged to submit a copy of the joint venture agreement.

The "Local Agency Bidder-DBE Information (Construction Contracts), Exhibit 15-G2" form shall becompleted and returned to the Agency by the successful bidder with the executed contract and contractbonds.

2-1.5 Execution of Contract

The contract in form and content satisfactory to the City shall be executed by the bidder to whom thecontract is awarded and returned, together with all required bonds, policies, and certificates, within10 days, (not including Sundays and legal holidays), after award of the contract. No proposals shall beconsidered binding on the City until the contract has been executed by all parties thereto.

2-1.6 Local Agency Bidder-DBE Requirements

A "Local Agency Bidder-DBE Information (Construction Contracts), Exhibit 15-G2" form is included inthe Proposal to be executed by the successful bidder. The purpose of the form is to collect datarequired under 49 CFR 26. Even if no DBE participation will be reported, the successful bidder mustexecute and return the form.

The successful bidder's "Local Agency Bidder- Information (Construction Contracts), Exhibit 15-G2"form should include the names, addresses and phone numbers of DBE firms that will participate, witha complete description of work or supplies to be provided by each, and the dollar value of each DBEtransaction. When 100 percent of a contract item of work is not to be performed or furnished by a DBE,a description of the exact portion of that work to be performed or furnished by that DBE should beincluded in the DBE information, including the planned location of that work. A successful biddercertified as a DBE should describe the work it has committed to performing with its own forces as wellas any other work that it has committed to be performed by DBE subcontractors, suppliers and truckingcompanies.The successful bidder is encouraged to provide written confirmation from each DBE that theDBE is participating in the contract. A copy of a DBE's quote will serve as written confirmation that theDBE is participating in the contract. If a DBE is participating as a joint venture partner, the successfulbidder is encouraged to submit a copy of the joint venture agreement.

The "Local Agency Bidder-DBE Information (Construction Contracts), Exhibit 15-G2" form shallbe completed and returned to the Agency by the successful bidder with the executed contractand contract bonds.

2-3 Subcontracts

Add the following paragraphs:

Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Codeand Section 7108.5 of the Business and Professions Code concerning prompt payment tosubcontractors.

54

The Contractor shall return all moneys withheld in retention for the subcontractor within 30 daysafter receiving payment for work satisfactorily completed, even if the other contract work is notcompleted and has not been accepted. This requirement shall not be construed to limit or impairany contractual, administrative, or judicial remedies otherwise available to the Contractor orsubcontractor in the event of a dispute involving late payment or nonpayment by the Contractor ordeficient subcontract performance or noncompliance by a subcontractor.

2-3.1 General

Add the following paragraph:

When an item of work is designated as (S) in the Bid or Proposal, the estimated quantity for thatitem of work shall be designated as a "Specialty Item."

2-4 Contract Bonds

Delete this section in its entirety and add the following:

Before execution of the contract by the Agency, the Bidder shall file with the Agency surety bondssatisfactory to the Board in the amounts and for the purposes noted below. Bonds shall be dulyexecuted by a responsible corporate Surety, authorized to issue such bonds in the State ofCalifornia shall be issued by a surety who is listed in the latest revision of U.S. Department ofTreasury Circular 570, is authorized to issue bonds in California, and whose bonding limitationshown in said circular is sufficient to provide bonds in the amount required by the Contract. TheBidder shall pay all bond premiums, costs, and incidentals.

Each bond shall incorporate, by reference, the contract and be signed by both the Bidder andSurety and the signature of the authorized agent of the Surety shall be notarized.

The Bidder shall provide two good and sufficient surety bonds. The "Payment Bond" (Material andLabor Bond) shall be for not less than 100 percent of the contract price, to satisfy claims of materialsuppliers and of mechanics and laborers employed by it on the work. The bond shall bemaintained by the Contractor in full force and effect until the Work is accepted by the Agency, anduntil all claims for materials and labor are paid, and shall otherwise comply with the Civil Code.

The "Performance Bond" shall be for 100 percent of the contract price to guarantee faithfulperformance of all work, within the time prescribed, in a manner satisfactory to the Agency, andthat all materials and workmanship will be free from original or developed defects. In addition, thePerformance Bond shall include a one-year Maintenance Bond which shall begin upon acceptanceof the work. The amount of the Maintenance Bond shall be for 50 percent of the final contractprice. The Maintenance Bond shall be submitted on the form contained in these specifications oron a form which conforms to it prior to release of final payment (less retention) for the work.

Should any bond become insufficient, the Contractor shall renew the bond within ten (10) daysafter receiving notice from the Agency.

Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractorto that effect. No further payments shall be deemed due or will be made under the contract untila new Surety shall qualify and be accepted by the Board.

55

Changes in the Work, or extensions of time, made pursuant to the contract, shall in no way releasethe Contractor or Surety from their obligations. Notice of such changes or extensions shall bewaived by the Surety.

2-9 Surveying

The Contractor’s attention is directed to Section 2-9.1, Permanent Survey Markers.

2-11Inspection

Add the following paragraph:

The City will not make inspections on weekends, holidays, or outside the normal work hours of7 a.m. to 5 p.m. except when agreed to by the Engineer. At the Engineer's direction,compensation may be demanded of the Contractor if overtime inspections are required (withheldfrom monies due the Contractor).

SECTION 3 CHANGES IN WORK

SECTION 3-3 EXTRA WORK

3-3.2.2 Basis for Establishing Costs

a) Labor

The first paragraph is amended to read:

The cost of labor shall be the actual wages paid which shall include any employer paymentsto or on behalf of the workers for health and welfare, pension, vacation, and apprenticeshipfunds. To the actual wages paid will be added a labor surcharge set forth in the Departmentof Transportation publication entitled Labor Surcharge and Equipment Rental Rates found atthe following web site.

(http://www.dot.ca.gov/hg/construc/equipmnt.html)

The rates are in effect on the date upon which the work is accomplished. The laborsurcharge shall constitute full compensation for all payments imposed by State and Federallaws including, but not limited to, workers compensation insurance, and liability insurance.

(c) Tool and Equipment Rental

Delete the second paragraph and add the following:

Regardless of ownership; the latest edition of the State of California Department ofTransportation equipment rental rates shall be used to determine equipment rental costs.

56

3-3.2.3 Markup

Delete this section in its entirety and add the following:

a. Work by Contractor. The following percentages shall be added to the Contractor’s costs andshall constitute the markup for all overhead and profits:

1) Labor 33

2) Materials 15

3) Equipment Rental 15

4) Other Items and Expenditures 15

To the sum of the costs and markups provided for in this subsection, 1 percent shall be added ascompensation for bonding.

b. Work by Subcontractor. When all or any part of the extra work is performed by asubcontractor, the markup established in 3-3.2.3(a) shall be applied to the subcontractor’sactual cost of such work. A markup of 10 percent of the subcontracted portion of the extra workmay be added by the Contractor.

SECTION 3-5 DISPUTED WORK

The first paragraph is amended to read:

"Disputed Work", as used herein, is a discreet scope of work about which the Contractor and theAgency disagree as to whether it is already contained within the Contract (including all executedchange orders and modifications thereto). For disputes arising under and by virtue of the contract,including an act or failure to act by the Engineer, the Contractor shall provide a signed writtenNotice of Disputed Work to the Engineer within 5 calendar days from the date the dispute firstarose. The Engineer shall respond to the notice of disputed work within 5 calendar days. Failureof the Contractor to notify the Engineer of the Disputed Work in the time required herein shalloperate as a waiver of the Disputed Work. If the Contractor and the Engineer are unable to reachagreement on Disputed Work, the Agency may direct the Contractor to proceed with the work.Payment shall be as later determined by mediation or arbitration, if the Agency and Contractor bothagree thereto, or as fixed in a court of law. In the event that the Agency and the Contractor agreeto arbitration of one or more items of Disputed Work, the arbitration shall be conducted inaccordance with Article 7.1 (sections 10240-10240.13, inclusive) of Chapter 1, Division 2, of thePublic Contract Code.

The second paragraph of Section 3-5 is amended to read:

Although not to be construed as proceeding under extra work provisions, the Contractor shall keeprecords of Disputed Work in accordance with 3-3, and shall furnish the records to the Agency bythe close of the next working day following each date that the Disputed Work is performed. Failureto create and maintain the required records will operate as a waiver of the Disputed Work claim.Failure to present the records to the Agency in the time required herein shall operate as a waiverof the Disputed Work claim for each date that the records are not timely presented.

57

SECTION 4 CONTROL OF MATERIALS

4-1.1 General

Add the following sentence to the first paragraph:

If required by the Engineer, the Contractor shall furnish duplicate invoices to the Engineer on allmaterial furnished to the job.

Add the following paragraph:

If the Contractor does not remove such condemned work and materials within a reasonable time,fixed by written notice, the City may remove them and may store the material at the expense ofthe Contractor. If the Contractor does not pay for the expense of the removal within 10 dayswritten notice, the City may sell such materials at auction or at private sale, and may account forthe net proceeds thereof, after deducting all the costs and expenses that should have been borneby the Contractor.

4-1.2 Protection of Work and Materials

Add the following after the first sentence of the first paragraph:

Unless otherwise specifically stated in the Special Provisions, any existing equipment or materialeither to be salvaged or reused in the work shall be stored and protected by the Contractor andshall remain the property of the Agency. Equipment shall be removed with care to preventunnecessary damage.

4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar andRelated Materials, Masonry Materials, Asphalt Materials, Rock Products, and ModifiedAsphalt)

Delete this section in its entirety.

SECTION 5 UTILITIES

5-1 Protection

Add the following at the beginning of the second paragraph:

In addition to providing temporary supports for bridge-mounted utilities as indicated in the Plans,gas pipeline protection shall also include installing a temporary protective covering over the top ofthe pipeline. The Contractor shall install the protective covering prior to commencing demolitionoperations, shall maintain the protective covering until the Work is complete, and shall remove theprotective covering after the work is complete. Refer to Section 5-6 of these Special Provisions foradditional requirements.

58

5-6 Cooperation

Add the following paragraphs at the end of this section:

The Contractor shall submit plans in accordance with Section 2-5.3 of the Standard Specificationsfor temporarily supporting the waterline and gas pipeline in place and for providing a protectivecovering on the gas pipeline. The Contractor shall notify the Engineer in writing at least 10 workingdays in advance of installing gas pipeline temporary supports. The Engineer will notify Pacific Gasand Electric Company (PG&E) of the Contractor’s planned schedule so that PG&E can provide arepresentative on site during installation of temporary supports. The Contractor shall not installtemporary gas pipeline supports without a PG&E representative present unless otherwise directedby the Engineer.

The Contractor shall notify the Engineer in writing at least 10 working days in advance ofperforming excavations in the vicinity of the gas pipeline. The Engineer will notify PG&E of theContractor’s planned schedule so that PG&E can provide a representative on site duringexcavation operations. The Contractor shall not excavate in the vicinity of the gas pipeline withoutPG&E representative present unless otherwise directed by the Engineer. PG&E representativeswill inspect the exposed gas pipeline and repair pipeline coatings if necessary. The Contractorshall allow up to 5 working days in the schedule at each excavation location to allow time for PG&Einspection and, if necessary, coating repairs. The Contractor shall not cover the exposed gaspipeline until receiving notice from the Engineer that PG&E inspections and repairs are complete.

In addition, the Contractor shall coordinate the shutdown of the 12-inch water mainn with the Citystaff to avoid any conflicts with an additional water main maintenance project on Market Street thatmay be under construction.

SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK

6-1 Construction Schedule and Commencement of the Work

Add the following after the first paragraph:

A weekly construction schedule shall be furnished in writing, if required by the Engineer, oneworking day prior to the first working day of the week to which the schedule is pertinent. Theweekly construction schedule shall be in such form and in such detail as to accurately and clearlyshow the major type and location of the work to be performed during the work week. In addition,all requests for survey work required to be provided by the City shall be a part of this schedule.

6-2 Prosecution of the Work

Add this paragraph:

Work Done by the Agency for the Contractor

The City will not perform any work for the Contractor except in emergency situations as agreed toby the Engineer or as otherwise agreed to by the Engineer. The City will be reimbursed for anywork done for the Contractor (withheld from monies due the Contractor). This will include all costs(direct straight time or overtime wages, all overhead, administration, engineering, vehicle, andequipment costs).

59

6-5 Termination of the Contract

Add the following paragraph:

In the case of annulment of this contract before completion from any cause whatsoever, theContractor, if notified to do so by the Agency, shall promptly remove any part or all of hisequipment and supplies from the property of the Agency, failing which, the Agency shall have theright to remove such equipment and supplies at the expense of the Contractor.

6-8 Completion, Acceptance, and Warranty

Delete the third paragraph and add the following:

The Contractor shall guaranty all of his work for a period of one (1) year after the date ofacceptance of the work by the City against defective material or faulty workmanship.

The Contractor shall repair or replace to the satisfaction of the Engineer any or all such work thatmay prove defective in workmanship or materials within that period, ordinary wear and tear andunusual abuse or neglect excepted, together with any other work which may be damaged ordisplaced in so doing.

In the event of failure to comply with the above mentioned conditions within a reasonable time afterbeing so notified in writing, the Engineer is authorized to have the defects repaired and madegood at the expense of the Contractor who will pay the costs and charges therefore immediatelyupon demand.

The signing of the agreement by the Contractor shall constitute execution of the above guaranties.A contract maintenance bond shall remain in full effect during the guaranty period and will not bereleased until the expiration of such period. Said bond shall be in an amount equal to 50 percentof the final contract price. The Maintenance Bond shall be submitted on the form contained inthese specifications or on a form which conforms to it prior to release of final payment (lessretention) for the work.

6-9 Liquidated Damages

Delete this section in its entirety and add the following:

Failure of the Contractor to complete the Work within the time allowed will result in damages beingsustained by the Agency. Such damages are, and will continue to be, impracticable and extremelydifficult to determine. For each consecutive calendar day in excess of the time specified, asadjusted in accordance with Subsection 6-6, for completion of the Work the Contractor shall payto the Agency, or have withheld from monies due it, the sum of $1,200.

Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,200 perday is the minimum value of the costs and actual damage caused by failure of the Contractor tocomplete the Work within the allotted time, that such sum is liquidated damages and shall not beconstrued as a penalty, and that such sum may be deducted from payments due the Contractor ifsuch delay occurs.

60

SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR

7-2.2 Laws

The third paragraph is modified to read as follows:

In accordance with the Labor Code, the Agency has on file in the office of the City Clerk of the Cityof Redding the prevailing wage rate determinations made by the Director of Industrial Relations inaccordance with the provisions of Sections 1770, 1773, and 1773.1 of the California Labor Codefor the types of work to be done under the Specifications. The Contractor shall pay not less thanthese rates.

Attention is directed to Section 1735 of the Labor Code, which reads as follows:

No discrimination shall be made in the employment of persons upon public works because of therace, religious creed, color, national origin, ancestry, physical handicap, medical condition, maritalstatus, or sex of such persons, except as provided in Section 1420, and every Contractor for publicworks violating this section is subject to all the penalties imposed for a violation of this chapter.

7-2.3 Equal Employment Opportunity Clause

Add this section:

During the performance of this contract, the Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment becauseof race, religious creed, color, national origin, ancestry, physical handicap, medical condition,marital status, or sex of such persons. The Contractor will take affirmative action to ensure thatapplicants are employed, and that employees are treated during employment, without regard totheir race, color, religion, sex, or national origin. Such action shall include, but not be limited tothe following: Employment, upgrading, demotion or transfer; recruitment or recruitmentadvertising; layoff or termination; rates of pay or other forms of compensation; and selection fortraining, including apprenticeship. The Contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices setting forth the provisions ofthis nondiscrimination clause.

2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalfof the Contractor, state that all qualified applicants will receive consideration for employmentwithout regard to race, color, religion, sex, or national origin.

3. The Contractor will send to each labor union or representative of workers with which he has acollective bargaining agreement or other contract or understanding, a notice advising the saidlabor union or workers' representatives of the Contractor's commitments under this section, andshall post copies of the notice in conspicuous places available to employees and applicants foremployment.

4. The Contractor will comply with all provisions of Executive Order No. 11246 ofSeptember 24, 1965, and of the rules, regulations, and relevant orders of the Secretary ofLabor.

61

5. The Contractor will furnish all information and reports required by Executive Order No. 11246 ofSeptember 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, orpursuant thereto, and will permit access to his books, records, and accounts by theadministering agency and the Secretary of Labor for purposes of investigation to ascertaincompliance with such rules, regulations, and orders.

6. In the event of the Contractor's noncompliance with the Nondiscrimination clauses of thiscontract or with any rules, regulations, or orders, this contract may be canceled, terminated, orsuspended in whole or in part, and the Contractor may be declared ineligible for further Citycontracts or federally assisted construction contracts in accordance with procedures authorizedin Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of theSecretary of Labor, or as otherwise provided by law.

7. The Contractor will include the portion of the sentence immediately preceding Paragraph (1)and the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unlessexempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will bebinding upon each subcontractor or vendor. The Contractor will take such action with respectto any subcontract or purchase order as the administering agency may direct as a means ofenforcing such provisions, including sanctions for noncompliance; provided, however, that in theevent the Contractor becomes involved in, or is threatened with litigation with a subcontractor orvendor as a result of such direction by the administering agency, the Contractor may requestthe City to enter into such litigation to protect the interests of the City.

7-2.5 Federal Labor Standards

Add this section:

The Contractor shall comply with all applicable federal laws and regulations pertaining to laborstandards, including but not limited to, the provisions of the Contract Work Hours and SafetyStandards Act and general wage determinations issued under the Davis-Bacon and related Acts.All laborers and mechanics employed by Contractors or subcontractors on any federally assistedor aided project shall be paid wages at rates not less than those contained in the GeneralPrevailing Wage Rates as determined by the Secretary of Labor.

7-3 Liability Insurance

Insert the following paragraph before the first paragraph:

The Contractor shall procure and maintain for the duration of the contract insurance against claimsfor injuries to persons or damages to property which may arise from or in connection with theperformance of the work hereunder by the contractor, it agents, representatives, employees orsubcontractors.

The first paragraph is amended to read:

The Contractor shall furnish the Agency a policy or certificate evidencing liability insurance withoriginal endorsements effecting coverage required by this subsection. The endorsements are tobe signed by a person authorized by that insurer to bind coverage on its behalf. All endorsementsare to be received and approved by the Agency before work commences.

62

Add the following after the first paragraph:

Notwithstanding and inconsistent statement in the policy or any subsequent endorsement attachedthereto, the Agency shall be the insured or named as an additional insured covering the work,whether liability is attributable to the Contractor or the Agency. Except as provided for inSubsection 6-10, the Agency, its officers, officials, employees, and agents are to be covered asinsureds for general liability and automobile liability, and contractor's pollution insurance asrespects: liability arising out of activities performed by or on behalf of the Contractor; with limits ofliability indicated below and including coverage no less than the following:

1 Premises and operations.

2 Products and completed operations. Completed Operations Liability shall be kept in force for one year after the date of finalacceptance by the City.

3 Contractual liability insuring the obligations assumed by theContractor in this contract.

4 Broad form property damage (including completed operations)

5 Fire legal liability, Explosion, Collapse and UndergroundHazards.

6 Personal Injury Liability.

7 Independent Contractors.

8 Contractor’s Pollution Insurance.

The second paragraph is amended to read:

The coverage shall provide the following minimum scope and limits:

1) Insurance Services Office Commercial General Liability coverage (occurrence form CG0001) in the amount of $1,000,000 per occurrence for bodily injury, personal injury, andproperty damage.

A combined single limit policy with general aggregate limits in the amount twice the requiredoccurrence limit which will apply separately to this project/location will be consideredequivalent to the required minimum limits.

2) Insurance Services Office Automobile Liability Code 1 (any auto) (form CA 0001, Ed 1/87)in the amount of $1,000,000 per accident for bodily injury and property damage.

3) Course of Construction Insurance providing coverage for all "risks" of loss in the amount ofthe completed project value.

63

4) Contractor Pollution Liability, in the amount of $1,000,000, to include but not limited tocoverage for bodily injury, property damage and cleanup arising from pollution conditionscreated by the contractor or encountered during work at job site. Coverage must apply tocleanup, damage or injury that occurs on, or that originates from, the site.

Insert the following paragraphs after the third paragraph:

Insurance is to be placed with insurers with current A.M. Best’s rating of not less than A-: VII.

Any deductibles or self-insured retentions must be declared to and approved by the Agency. Atthe option of the Agency, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Agency, its officers, officials, employees, and agents; or theContractor shall procure a bond guaranteeing payment of losses and related investigations, claimadministration and defense expenses.

The fourth paragraph is amended to read:

Except as provided for in Subsection 6-10, the Contractor hereby agrees to protect, defend,indemnify and hold harmless, City, its officers, elected or appointed officials, employees, agentsand volunteers from and against any and all claims, damages, losses, expenses, judgments,demands, penalties, fines, defense costs, and consequential damage or liability of any kind ornature, however caused, arising directly or indirectly out of the obligations or operations hereinundertaken by Contractor, caused in whole or in part by any act or omission of the Contractor, anysubcontractors, any directly or indirectly employed by any of them or anyone for whose acts any ofthem may be liable, including but not limited to concurrent active or passive negligence, exceptwhere caused by the active negligence, sole negligence or willful misconduct of the City.Contractor will conduct all defense at its sole cost and expense and City shall have right to approveor disapprove Contractor's legal counsel. City shall be reimbursed for all costs and attorney's feesincurred by City in enforcing this obligation. This indemnity shall apply to all claims and liabilityregardless of whether any insurance policies are applicable. The policy limits do not act as alimitation upon the amount of indemnification to be provided by Contractor.

The fifth paragraph is amended to read:

All liability policies shall bear an endorsement or shall have attached a rider whereby it is providedthat:

1) The Agency, its officers, officials, employees and agents are added as additional insureds.

2) For any claims related to this project, the Contractor’s insurance coverage shall be primaryinsurance as respects the Agency, its officers, officials, employees, and agents shall be excessof the Contractor’s insurance and shall not contribute with it.

3) Any failure to comply with reporting or other provisions of the policies including breaches ofwarranties shall not affect coverage provided to the Agency, its officers, officials, employees, oragents.

4) The Contractor’s insurance shall apply separately to each insured against whom claim is madeor suit is brought, except with respect to the limits of the insurer’s liability.

64

5) In the event of expiration or proposed cancellation of such policies for any reason whatsoever,the Agency shall be notified by registered mail return receipt requested, giving a sufficient timebefore the date thereof to comply with any applicable law or statue but in no event less thanthirty days before expiration or cancellation is effective.

Insert the following paragraphs after the fifth paragraph:

Course of construction policies shall bear an endorsement or shall have attached a rider wherebyit is provided that:

1) The Agency shall be named loss payee.2) The insurer shall waive all rights of subrogation against the Agency.

The Contractor shall include all subcontractors as insureds under its policies or shall furnish separatecertificates and endorsement of each subcontractor. All coverage for subcontractors shall be subjectto all of the requirements stated herein.

7-4 Workers Compensation Insurance

Add the following sentence after the first paragraph:

Said certification is included in the contract by reference and signature and return of the contractshall constitute signing and filing of said certificate.

The second paragraph is amended to read:

The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for andmaintaining in full force and effect for the duration of the contract Worker’s CompensationInsurance, with limits as required by the Labor Code of the State of California and Employee’sLiability with limits of $1,000,000 per accident. The Contractor shall furnish a Certificate ofInsurance to the Engineer before execution of the Contract. The agency, its officers, officials,employees, and agents, will not be responsible for any claims in law or equity occasioned by failureto the Contractor to comply with this paragraph.

The third paragraph is amended to read:

All compensation insurance policies shall bear an endorsement or shall have attached a riderwhereby it is provided that, in the event of expiration or proposed cancellation of such policies forany reason whatsoever, the Agency shall be notified by registered mail not less than thirty daysbefore expiration or cancellation is effective.

7-5 Permits

Add the following paragraph:

The General Contractor and any subcontractor working under the General Contractor shall obtaina City business license prior to doing any work on a job site in the City. It shall be the responsibilityof the General Contractor, who is signature to the contract, to notify their subcontractor(s) to abideto this requirement. In the event a required business license is not obtained, the City shall give theGeneral Contractor written notice of ten days to correct the deficiency. In the event the business

65

license(s) is not obtained, the City shall withhold the estimated cost of the license(s) from the nextpayment to the General Contractor until the license(s) is obtained. If during the course ofconstruction a City business license expires and the General Contractor or subcontractor continuesto work, these same provisions will apply.

7-8 Work Site Maintenance

7-8.6 Water Pollution Control

Delete this section in its entirety and replace with following:

Water pollution control work shall conform to the provisions of the Standard Specifications andthese special provisions.

Prior to any construction activity, the Contractor shall prepare, submit, and obtain approval of aWater Pollution Control Plan (WPCP) that addresses both temporary and permanent erosioncontrol Best Management Practices (BMPs) for storm water and non-storm water dischargesassociated with all construction activities. The Contractor shall maintain copies of the WPCP at theproject site and it shall be available during construction.

The Contractor shall know and fully comply with applicable provisions of all Federal, State, andlocal regulations and requirements that govern the Contractor's operations and storm water andnon-storm water discharges from both the project site and areas of disturbance outside the projectlimits during construction. Approval of the WPCP shall not relieve the Contractor of any liability forviolations of Federal, State, and local regulations and requirements relating to water pollution.

The WPCP shall address storm water and non-storm water discharges from the construction areaand from areas immediately outside the project site which are directly related to constructionactivities for this contract including, but not limited to, material borrow areas, staging areas, storageyards and access roads. The Contractor shall implement, inspect and maintain the required waterpollution control practices. Installing, inspecting and maintaining water pollution control practicesin areas outside the right-of-way not specifically arranged and provided for by the City of Reddingfor the execution of this contract, will not be paid for.

The Contractor shall be responsible for penalties assessed or levied on the Contractor or the Cityof Redding as a result of the Contractor's failure to comply with the provisions in this section"Water Pollution Control" including, but not limited to, compliance with the applicable provisions ofFederal, State and local regulations and requirements as set forth therein. Penalties includepayments made or costs incurred due to stop work orders, work suspension, scheduled days,and/or Contractor delays or in settlement for alleged violations of applicable laws, regulations, orrequirements. Costs incurred could include sums spent instead of penalties, due to agency or Cityimposed requirements or to remediate or correct violations, or damages resulting from stop workorders, work suspension, or scheduled days.

WPCP Preparation and Approval

The WPCP shall address soil and wind erosion, sediment control, tracking control, non-stormwater management, waste management, and pollutant/materials control. The WPCP shall besubmitted to the Engineer for review and approval . No ground disturbing work shall occur until theWPCP has been approved by the Engineer. Upon the Engineer's approval of the WPCP, the

66

WPCP shall be considered to fulfill the provisions in this section, "Water Pollution Control," fordevelopment and submittal of a Water Pollution Control Program.

All BMPs shall be designed, installed, maintained, and otherwise managed pursuant to theprovisions set forth in the California Department of Transportation (Caltrans) Stormwater QualityHandbook, Construction Site BMP Manual, March 2003, or the California Stormwater QualityAssociation (CASQA), California Stormwater BMP Handbook for Construction, November 2009.The Contractor may recommend equivalent erosion control applications that provide equal orbetter performance for consideration and approval by the Engineer.

The WPCP shall incorporate water pollution control BMPs that are necessary to prevent erosionand sediment loss on and off the project site for the duration of the project. All storm water shallbe treated on-site using appropriate BMPs such that runoff leaving the work site is free of silt,sand, sediment, debris, concrete products, trash, and other materials which may degrade waterquality. Storm runoff from one area shall not be diverted to another runoff area unless approvedby the Engineer. Runoff water may be directed into permanent stormdrain systems duringconstruction provided that mud and silt is removed from the runoff before entering the stormdrainsystem.

WPCP Implementation

If there is a discrepancy between the WPCP and these special provisions, the special provisionsshall supersede. Unless otherwise specified, upon approval of the WPCP, the Contractor shall beresponsible throughout the duration of the project for installing, constructing, inspecting,maintaining, replacing, removing, and disposing of temporary water pollution control practices, andinstalling, constructing, inspecting, maintaining, and replacing permanent water pollution controlpractices specified in the WPCP. The duration of work includes that time period between initialmobilization to the site and acceptance of the work. All BMPs shall be installed and properlymaintained as required by the Caltrans or CASQA Handbooks prior to any precipitation. If theContractor or the Engineer identifies a deficiency in the implementation of the approved WPCP,the deficiency shall be corrected immediately unless requested by the Contractor and approved bythe Engineer in writing, but shall be corrected prior to the onset of precipitation. Unless otherwisedirected by the Engineer, the Contractor's responsibility for WPCP implementation shall continuethroughout temporary suspensions of work.

The Contractor shall notify the Engineer at least 3 days in advance of non-storm water dischargeevents. The Contractor shall notify the Engineer of the operations causing non-storm waterdischarges and shall obtain approval from the Engineer for non-storm water discharges.

Retention of Funds

Notwithstanding any other remedies authorized by law, the City of Redding may retain money duethe Contractor under the contract, in an amount determined by the City of Redding, up to andincluding the entire amount of Penalties proposed, assessed, or levied as a result of theContractor's violation of Federal or State law, regulations or requirements. Funds may be retainedby the City of Redding until final disposition has been made as to the Penalties. The Contractorshall remain liable for the full amount of Penalties until such time as they are finally resolved withthe entity seeking the Penalties.

67

When the City or a regulatory agency identifies a failure to comply with Federal, State or localrequirements, the City will retain money due the Contractor, in the amount of 10 percent of thework done to date or any fine whichever is greater, this amount is in addition to the retentionspecified in Article 8 Measurement and Payment, subject to the following. The City will give theContractor written notice of the City’s intent to retain funds from partial payments which maybecome due to the Contractor prior to recording of the Notice of Completion.

Payment

The contract lump sum price paid for “Water Pollution Control” shall include full compensation forfurnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved indeveloping, preparing, obtaining approval of, revising, and implementing the WPCP.Implementation of the WPCP includes installing, constructing, maintaining, removing, anddisposing of BMPs including non-storm water and waste management water pollution controlpractices as provided for in the approved WPCP and as directed by the Engineer.

No additional payment will be made to correct deficiencies in the approved WPCP. Payments for“Water Pollution Control” will be made as follows:

A. After the WPCP has been approved by the Engineer, 75 percent of the contract item pricefor “Water Pollution Control” will be included in the monthly progress payment.

B. The payment for the remaining 25 percent of the contract item price for “Water PollutionControl” will be made with the final progress payment.

No additional payment will be made for any BMPs necessary to correct deficiencies in theapproved WPCP.

Water pollution control BMPs for which there is a contract item of work, will be measured and paidfor as that contract item of work.

7-9 Protection and Restoration of Existing Improvements

Add the following paragraph after the second paragraph:

The Contractor shall thoroughly inspect the street surface over which his equipment will move andonly schedule that equipment and methods which will not cause damage to the existing surface.Repairs made necessary from noncompliance, shall be as directed by the Engineer, and theoriginal appearance of the area shall weigh heavily in determining the extent of the repair.

7-10Public Convenience and Safety

7-10.3 Street Closures, Detours, Barricades

Add the following paragraphs between the first and second paragraph:

The Contractor shall submit traffic control plans for review, revision, and/or approval by theEngineer. The Contractor shall allow a minimum of five (5) working days for review and shall notbegin work until plans are approved. The control measures shall be in conformance with theCalifornia Manual of Uniform Traffic Control Devices (CA-MUTCD). The Engineer shall reserve theright to stop any construction activity from proceeding if the work involves traffic detours and/orcontrols that have not been previously approved or are not in conformance with the approved plan.

68

The Contractor shall not be allowed to claim damages for delay arising from work stoppages by theEngineer in cases involving unauthorized or improper traffic control regulations.

7-10.4 Safety

7-10.4.3 Special Hazardous Substances and Processes

Add the following paragraph:

When applicable, the Contractor shall file with the Redding Fire Department and the ShastaCounty Department of Public Health, hazardous materials release response plans and inventories(business plans) and Shasta County Department of Public Health fees for the prevention andmitigation of hazardous material releases in accordance with Chapter 6.95 of the California Healthand Safety Code.

7-10.4.5 Accidents

The Contractor shall provide at the site, such equipment and medical facilities as are necessary tosupply first aid service to anyone who may be injured in connection with the work.

The Contractor must promptly report in writing to the Engineer all incidents whatsoever arising out of,or in connection with, the performance of the work whether on, or adjacent to the site, which causeddeath, personal injury, or property damages, giving full details and statements of witnesses. In addition,if death or serious injuries or serious damages are caused, the incident shall be reported promptly bytelephone or messenger to both the Engineer and owner, if other than Agency.

If any claim is made by anyone against the Contractor or any subcontractor on account of any accident,the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim.

SECTION 9 MEASUREMENT AND PAYMENT

9-2 Lump Sum Work

Add the following section:

Lump Sum Cost Schedule of Values

The Contractor shall furnish to the Engineer a schedule of values for each contract lump sum itemof work described in this section.

The Contractor shall determine the quantities required to complete the work shown on the plans.The quantities and values shall be included in the schedule submitted to the Engineer for approval.The Contractor shall be responsible for the accuracy of the quantities and values used in theschedule submitted for approval. Any quantities shown on the plans or noted in thesespecifications are approximate and shall be considered as informational only.

69

No adjustment in compensation will be made in the contract lump sum prices paid for the variouswork items due to any differences between the quantities shown in the cost break-down furnishedby the Contractor, or the planned quantities, and the quantities required to complete the work asshown on the plans and as specified in these special provisions.

The sum of the amounts for the units of work listed in the cost break-down shall be equal to thecontract lump sum price bid for the work. Overhead, profit, bond premium, temporary constructionfacilities, plant and other items shall be included in each individual unit listed in the cost break-downand shall not be listed separately.

The cost break-down shall be submitted to the Engineer for approval within 15 days after thecontract has been approved. The cost break-down shall be approved, in writing, by the Engineerbefore any partial payment for the lump sum items of work will be made.

At the Engineer's discretion the approved cost break-down schedule may be used to determinepartial payments during the progress of the work and as the basis of calculating the adjustment incompensation for the item or items of work due to changes ordered by the Engineer. When anordered change increases or decreases the quantities of an approved schedule, the adjustment incompensation may be determined at the Engineer's discretion in the same manner specified forincreases and decreases in the quantity of a contract item of work in accordance with Section 3“Changes in Work” of the Standard Specifications and elsewhere in these special provisions.

9-3.1 General

Delete the tenth paragraph and substitute the following:

At the expiration of 30 days from the date of recording of the Notice of Completion, or asprescribed by law, the amount deducted from the final estimate and retained by the Agency will bepaid to the Contractor, except 125 percent of such amounts as are required by law to be withheldby properly executed and filed notices to stop payment, or as may be authorized by the contract tobe further retained. Upon settlement of all notices to stop payment, any remaining funds held bythe Agency, less an amount for expenses incurred by the Agency in conjunction with the notice(s)to stop payment will be paid to the Contractor.

Add the following paragraph:

Manufacturers’ warranties and guarantees furnished for materials used in the work and instructionsheets and parts lists supplied with materials shall be delivered to the Engineer prior to acceptanceof the project.

Prompt Progress Payment to Subcontractors

A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receiptof each progress payment in accordance with the provision in Section 7108.5 of the CaliforniaBusiness and Professions Code concerning prompt payment to subcontractors. The 10 days isapplicable unless a longer period is agreed to in writing. Any delay or postponement of paymentover 30 days may take place only for good cause and with the agency’s prior written approval. Anyviolation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties,sanctions and other remedies of that section. This requirement shall not be construed to limit orimpair any contractual, administrative, or judicial remedies otherwise available to the contractor orsubcontractor in the event of a dispute involving late payment or nonpayment by the primecontractor, deficient subcontract performance, or noncompliance by a subcontractor.

70

9-3.2 Partial and Final Payment The first paragraph shall read:

The closure date for the purpose of making monthly progress payment shall be the last Friday ofeach month.

Delete the third paragraph and substitute the following:

From each progress estimate, 5 percent will be deducted and retained by the Agency, and theremainder less the amount of all previous payments will be paid.

Add the following paragraph:

The agency shall hold retainage from the prime contractor and shall make prompt and regularincremental acceptances of portions, as determined by the agency of the contract work and payretainage to the prime contractor based on these acceptances. The prime contractor orsubcontractor shall return all monies withheld in retention from all subcontractors within 30 daysafter receiving payment for work satisfactorily completed and accepted including incrementalacceptances of portions of the contract work by the agency. Any delay or postponement ofpayment may take place only for good cause and with the agency’s prior written approval. Anyviolation of these provisions shall subject the violating prime contractor to the penalties, sanctions,and other remedies specified in Section 7108.5 of the California Business and Professions Code.This requirement shall not be construed to limit or impair any contractual, administrative or judicialremedies otherwise available to the contractor or subcontractor in the event of: a dispute involvinglate payment or nonpayment by the contractor; deficient subcontractor performance.

9-3.3 Delivered Materials

Add the following paragraph:

When an item of work is designated as (P) the agency will include in the progress payments50 percent of the cost of materials delivered but not incorporated in the work when requested bythe Contractor. Before these costs will be included, the contractor must present to the Engineer,copies of his invoices.

9-4 Final Pay Quantities

When an item of work is designated as (F) or (S-F) in the Engineer's Estimate, the estimatedquantity for that item of work shall be the final pay quantity, unless the dimensions of any portionof that item are revised by the Engineer, or the item or any portion of the item is eliminated. If thedimensions of any portion of the item are revised, and the revisions result in an increase ordecrease in the estimated quantity of that item of work, the final pay quantity for the item will berevised in the amount represented by the changes in the dimensions. If a final pay item iseliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item iseliminated, the final pay quantity will be revised in the amount represented by the eliminatedportion of the item of work.

71

The estimated quantity for each item of work designated as (F) or (S-F) in the Engineer's Estimateshall be considered as approximate only, and no guarantee is made that the quantity which can bedetermined by computations, based on the details and dimensions shown on the plans, will equalthe estimated quantity. No allowance will be made in the event that the quantity based oncomputations does not equal the estimated quantity.

In case of discrepancy between the quantity shown in the Engineer's Estimate for a final pay itemand the quantity or summation of quantities for the same item shown on the plans, payment will bebased on the quantity shown in the Engineer's Estimate.

72

PART 2 MODIFICATIONS TO CONSTRUCTION MATERIALS

SECTION 200-2 UNTREATED BASE MATERIALS

200-2.2.2 Grading

Delete this paragraph and substitute the following:

The aggregate shall be uniformly graded and shall conform to the State of California Departmentof Transportation Standard Specifications Section 26 "Aggregate Base" grading requirements forClass 2 Aggregate Base, 3/4-inch (20 mm) maximum size.

Except that the coarse aggregate (material retained on the No. 4 sieve) shall consist of material ofwhich at least 25 percent by weight shall be crushed particles as determined by CaliforniaTest 205.

SECTION 201-1 PORTLAND CEMENT CONCRETE

201-1.1.2 Concrete Specified by Class and Alternate Class

Add the following sentence to the first paragraph:

Concrete used in the construction of curb, gutter, sidewalk, driveway, and alley aprons shall beClass 470-C-2500 with a maximum four inch (100mm) slump.

SECTION 203-6 ASPHALT CONCRETE

Refer to Section 400-4.

SECTION 207-9 IRON PIPE AND FITTINGS

207-9.2.1 General

Add the following paragraph:

Ductile iron pressure pipe shall be Class 50.

0

73

PART 3 MODIFICATIONS TO CONSTRUCTION METHODS

SECTION 300-1 CLEARING AND GRUBBING

300-1.3.2(a) Requirements

The second sentence of the first paragraph is amended to read:

Sawcutting of edges is required when shown on the plans or directed by the Engineer.

300-1.3.2(c) Requirements

The following sentence is added:

Where concrete to be removed is adjacent to asphalt concrete that is to remain in place, the edgeof the asphalt concrete that is exposed shall be prepared to a neat and straight line prior tobackfilling.

SECTION 300-2 UNCLASSIFIED EXCAVATION

300-2.2.2 Wet Material

This Section is amended to read:

If required excavated material is unsatisfactory for the specified use on the project solely becauseof high moisture content, the Contractor may either process the material to reduce the moisturecontent to an optimum condition, or to remove the material and replace it with suitable material.The cost of drying or removing and replacing the wet material shall be at the expense of theContractor.

300-2.6 Surplus Material

Add the following paragraph after the first paragraph:

Surplus material excavated from the site shall be placed along the roadway to flatten fill slopes andplaced in other locations when directed by the Engineer. Compaction shall be by wheel rolling asoccurs during placement.

300-2.8 Measurement

Delete all paragraphs of this subsection and add the following:

There will be no measurement of matertial excavated from this site.

300-2.9 Payment

Delete the first sentence of the first paragraph and substitute the following:

Payment for all unclassified excavation shall be included in the unit price paid for the various itemsof work done at the different locations.

74

SECTION 301-1 SUBGRADE PREPARATION

301-1.2 Preparation of Subgrade

Add the following paragraphs:

Preparation of subgrade shall include the cutting and trimming of existing AC surfaces to neatstraight lines as delineated by the Engineer. It shall also include the excavation and removal of allunclassified excavation material and existing AC surfacing.

Existing AC removed may be incorporated into the embankment to be constructed provided it issmaller than six inches (150mm) in its largest dimension and well distributed throughout theembankment material.

Add the following paragraph:

After the removal of the existing concrete, or unclassified excavation, the areas shall be preparedas outlined above, aggregate base material added where needed, and the entire area compactedby the use of vibratory plate-type equipment to the specified relative compaction.

301-1.3 Relative Compaction

Delete the first paragraph and add the following paragraph:

The top six inches of subgrade material shall be compacted to a relative compaction of 95 percent,except subgrade under driveways and sidewalks shall be compacted to a relative compaction of90 percent.

301-1.7 Payment

Add the following paragraph:

Payment for furnishing and placing additional aggregate base materials and the mechanicalcompaction of all areas shall be considered as included in the unit prices paid for the workinvolved, and no additional compensation will be allowed.

SECTION 301-2 UNTREATED BASE

301-2.1 General

The paragraph is amended to read:

Untreated base for pavement, curb, gutter, and similar types of improvements, shall beconstructed of material as specified in subsection 200-2 and as modified in these specifications.

75

301-2.4 Measurement and Payment

The following sentence is added to the first paragraph:

Payment for furnishing and placing aggregate base shall be considered as included in the unitprice paid for concrete sidewalk, concrete walk, concrete curb, concrete curb and gutter, concretedriveway, concrete bus turnout, concrete alley entrance, concrete cross gutter, concrete alley andvalley gutters, concrete curb ramps complete in place and no additional compensation will beallowed.

SECTION 302-5 ASPHALT CONCRETE PAVEMENT

302-5.1 General

The first sentence of the first paragraph shall read as follows:

Asphalt concrete pavement shall consist of one or more courses of a mixture of paving asphalt andgraded aggregate as specified in Section 400-4 and as modified in these specifications, placedupon a prepared roadbed or base, or over existing pavement."

Add the following paragraph after the first paragraph:

The Contractor shall furnish and place all temporary striping and markings in accordance with theCalifornia MUTCD.

302-5.3 Prime Coat

The paragraph shall read as follows:

"When specified, a prime coat consisting of Grade MC-250 liquid asphalt shall be applied at a rateof 0.30 gallons per square yard, (1.36 liter per square meter). Grade MC-70 liquid asphalt may beused when approved by the Engineer."

Add the following paragraphs:

Bituminous binder for fog seal shall consist of CSS-1h or SS1 type asphaltic emulsion to whichwater shall be added in such proportion that the resulting mixture will contain not more than50 percent of added water.

A fog seal coat shall be applied on the surfacing at a minimum rate of 0.05 gallons per squareyard, (0.23 liter per square meter). The application of the resulting mixture shall be such that theoriginal emulsion will be spread at the specified rate.

302-5.4 Tack Coat

Add the following sentence to the first paragraph:

When asphaltic emulsion is used as a tack coat, asphalt concrete shall not be placed until theemulsified asphalt has cured.

In the first and third paragraphs, the tack coat shall be Grade CSS-1h or SS 1 emulsified asphalt.

76

302-5.9 Measurement and Payment

The second sentence of the first paragraph shall read:

Such price shall constitute full compensation for preparation of subgrade, apply tack coat ifrequired, and placement of temporary striping and markings.

Add the following paragraph:

Prime coat shall be paid for at the contract price per ton. The contract unit price shall include fullcompensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing allwork involved in placing the prime coat complete in place.

SECTION 303-1 CONCRETE STRUCTURES

303-1.9.1 General

Add the following sentence to the second paragraph:

All concrete structures shall be given an Ordinary Surface Finish.

303-1.11 Payment

Add the following sentence to the first paragraph:

The cubic yard price includes all compensation for furnishing all labor, materials, tools, equipmentand incidentals, and for doing all the work involved in excavating, constructing the reinforcedconcrete retaining wall and backfilling to subgrade as shown on the drawings.

SECTION 306-1 OPEN TRENCH OPERATIONS

306-1.1.1General

Delete the third paragraph and add the following:

Contractor shall control all water entering the trench such that it does not interfere with bedding,backfill, and pipe placement and no additional compensation from the owner will be allowedtherefor.

306-1.1.6 Bracing Excavations

All excavations shall be shored per CAL-OSHA requirements.

Work in excavations over 60 inches (1.5m) in depth shall be in strict conformance with CAL-OSHArequirements.

On Public Works' construction, it shall be understood that the Owner, Owner/Operator, etc., shallbe considered the same as an employee or workman for determining conformance with the CAL-OSHA requirements.

77

306-1.2.1 Bedding

Delete the second paragraph and add the following:

If soft, spongy, unstable, or other similar material is encountered upon which the bedding materialor pipe is to be placed, this unsuitable material shall be removed to a depth ordered by theEngineer and replaced with trench stabilization material suitably densified. The Engineer may alsorequire an envelope of an approved filter fabric be installed around the stabilization material if itappears migration of adjacent materials into the stabilization material could be a problem. Additionof trench stabilization material so ordered will be paid for as specified in the Section Extra Work inthe General Provisions. The Contractor shall bear any additional expense for trench excavation,shoring, or dewatering. If the necessity for such trench stabilization material has been caused byan act or failure to act on the part of the Contractor, the Contractor shall bear the entire expenseof the additional material.

306-1.2.2 Pipe Laying

Add the following paragraph after the second paragraph:

All chlorination, flushing, and testing of new lines shall be accomplished prior to any tie-ins toexisting water lines. New fittings and pipe shall be sprayed or painted with concentrated poolchlorine prior to tie-ins to existing water lines.

306-1.3.3Jetted Backfill

Replace this section with the following:

Jetting shall not be considered as a suitable method of compaction.

306-1.3.7 Imported Backfill

Add the following paragraph:

Backfill material shall be 3-inch (75mm) maximum in size and shall be reasonably well graded.Any material proposed to be used that has 30 percent or more not passing the ¾-inch (20mm)sieve will be rejected.

306-1.4.5 Water Pressure Test

The second sentence of the first paragraph shall be changed to read:

"The pipeline shall then be brought up to the test pressure specified and maintained on the sectionunder test for a period of not less than one hour."

306-1.5.1 Temporary Resurfacing

Delete the last two paragraphs and substitute the following:

Payment for temporary resurfacing shall be considered to be included in the price bid for thevarious items of work and no additional compensation will be allowed.

78

306-1.6 Basis of Payment for Open Trench Installations

In the second paragraph, substitute "including" for "excluding" in reference to temporary resurfacing.

SECTION 310-5 PAINTING VARIOUS SURFACES

310-5.6.1General

Replace this section with the following paragraphs.

All traffic striping and pavement markings shall be thermoplastic and Sections 84-1 and 84-2 of theCaltrans Standard Specifications, latest edition, are here by made a part of these specifications asthough fully contained herein, except that the minimum thickness of traffic stripes and pavementmarkings shall be as follows:

Traffic Stripes - 90 mil.Pavement Markings - 120 mil.

Traffic stripe shall be 3-lineal-feet broken stripe with 9 lineal feet between each stripe.

Unless otherwise directed by the Engineer, all new traffic striping and pavement markings shall beas shown on the drawings.

All cat-tracking shall be reviewed and approved by the Engineer prior to application of striping andpavement markings.

310-5.6.10 Measurement and Payment

Replace the first paragraph with the following paragraphs:

Traffic stripes will be measured by the linear foot along the line of the traffic stripe withoutdeduction for gaps in broken traffic stripes. A double traffic stripe, consisting of two 4-inch wideyellow stripes, will be measured as two traffic stripes.

Pavement markings will be measured by the square foot and will include all crosswalk bars,arrows, words, bike lane symbols, and eight-inch wide stripes.

Traffic stripes, pavement markings, and permanent pavement markers shall not be applied to newpaved surfaces until a minimum of seven days curing time has elapsed.

Payment for permanent pavement markers shall be included in the linear foot price for "TrafficStripe (Thermoplastic).

79

PART 4 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENTCONCRETE, AND UNTREATED BASE MATERIAL

SECTION 400-4 ASPHALT CONCRETE

400-4.1 General

Delete the second sentence of the second paragraph and substitute the following:

"Asphalt concrete shall conform to the requirements of PG 64-10, same as the State of CaliforniaDepartment of Transportation Standard Specifications, Type A, ½-inch (13mm) maximum sizeaggregate, medium grading. No Reclaimed Asphalt Pavement (RAP) or Recycled AsphaltConcrete (RAC) will be allowed."

400-4.2.1 Asphalt

This section shall read as follows:

The asphalt to be mixed with the mineral aggregate shall be paving asphalt, viscosity gradePG 64-10, conforming to the provisions of Section 203-1.

400-4.3 Combined Aggregates

The fourth paragraph shall read as follows:

The grading of the combined aggregates shall conform to the grading for Type III asphaltconcrete, Class C3 of this subsection, same as the State of California Department ofTransportation Standard Specifications, Type A, ½-inch (13mm) maximum size aggregate,medium grading.

specs\2240spc

General Decision Number: CA120009 03/02/2012 CA9 Superseded General Decision Number: CA20100009 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway Counties: Alpine, Amador, Butte, Colusa, El Dorado, Glenn, Lassen, Marin, Modoc, Napa, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, Solano, Sonoma, Sutter, Tehama, Trinity, Yolo and Yuba Counties in California. BUILDING CONSTRUCTION PROJECTS (excluding Amador County only); DREDGING CONSTRUCTION PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); AND HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/06/2012 1 01/13/2012 2 01/20/2012 3 01/27/2012 4 03/02/2012 ASBE0016-001 08/01/2011 AREA 1: ALAMEDA, CONTRA COSTA, LAKE, MARIN, MENDOCINO, MONTEREY, NAPA, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, & SONOMA COUNTIES AREA 2: ALPINE, AMADOR, BUTTE, CALAVERAS, COLUSA, DEL NORTE, EL DORADO, FRESNO, GLENN, HUMBOLDT, KINGS, LASSEN, MADERA, MARIPOSA, MERCED, MODOC, MONO, NEVADA, PLACER, PLUMAS, SACRAMENTO, SAN JOAQUIN, SHASTA, SIERRA, SISKIYOU, STANISLAU, SUTTER, TEHEMA, TRINITY, TULARE, TUOLUMNE, YOLO, & YUBA COUNTIES Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, Protective Coverings, Coatings, and Finishes to all types of mechanical systems) Area 1......................$ 53.05 17.25 Area 2......................$ 41.40 17.25 ---------------------------------------------------------------- ASBE0016-007 01/01/2010 Rates Fringes

80

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)....$ 15.18 2.80 ---------------------------------------------------------------- BOIL0549-002 01/01/2009 Rates Fringes BOILERMAKER (1) Marin & Solano Counties.$ 40.17 22.32 (2) Remaining Counties......$ 37.01 22.25 ---------------------------------------------------------------- BRCA0003-001 06/01/2011 Rates Fringes MARBLE FINISHER..................$ 28.02 12.22 ---------------------------------------------------------------- BRCA0003-004 05/01/2011 AREA 1: ALPINE, AMADOR, BUTTE, COLUSA, EL DORADO, GLENN, LASSEN, MODOC, NEVADA, PLACER, PLUMAS, SACRAMENTO, SHASTA, SIERRA, SUTTER, TEHAMA, YOLO AND YUBA COUNTIES AREA 2: MARIN, NAPA, SISKIYOU, SOLANO, SONOMA AND TRINITY COUNTIES Rates Fringes BRICKLAYER AREA 1......................$ 35.11 18.99 AREA 2......................$ 39.85 22.00 SPECIALTY PAY: (A) Underground work such as tunnel work, sewer work, manholes, catch basins, sewer pipes and telephone conduit shall be paid $1.25 per hour above the regular rate. Work in direct contact with raw sewage shall receive $1.25 per hour in addition to the above. (B) Operating a saw or grinder shall receive $1.25 per hour above the regular rate. (C) Gunite nozzle person shall receive $1.25 per hour above the regular rate. ---------------------------------------------------------------- BRCA0003-008 06/01/2011 Rates Fringes TERRAZZO FINISHER................$ 30.30 13.77

81

TERRAZZO WORKER/SETTER...........$ 39.30 21.20 ---------------------------------------------------------------- BRCA0003-010 01/01/2011 Rates Fringes TILE FINISHER Area 1......................$ 21.21 10.01 Area 2......................$ 21.26 12.44 Area 3......................$ 21.44 12.31 Area 4......................$ 20.93 11.79 Tile Layer Area 1......................$ 36.08 11.95 Area 2......................$ 34.41 13.68 Area 3......................$ 38.61 13.73 Area 4......................$ 35.45 13.68 AREA 1: Butte, Colusa, El Dorado, Glenn, Lassen, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Sutter, Tehema, Yolo, Yuba AREA 2: Alpine, Amador AREA 3: Marin, Napa, Solano, Siskiyou AREA 4: Sonoma ---------------------------------------------------------------- BRCA0003-014 06/01/2011 Rates Fringes MARBLE MASON.....................$ 39.22 18.68 ---------------------------------------------------------------- CARP0034-001 07/01/2011 Rates Fringes Diver Assistant Tender, ROV Tender/Technician...........$ 36.75 28.04 Diver standby...............$ 41.43 28.04 Diver Tender................$ 40.43 28.04 Diver wet...................$ 82.86 28.04 Manifold Operator (mixed gas)........................$ 45.43 28.04 Manifold Operator (Standby).$ 40.43 28.04 DEPTH PAY (Surface Diving): 050 to 100 ft $2.00 per foot 101 to 150 ft $3.00 per foot 151 to 220 ft $4.00 per foot SATURATION DIVING: The standby rate shall apply until saturation starts. The saturation diving rate applies when divers are under pressure continuously until work task and decompression are complete. The diver rate shall be paid for all saturation hours. DIVING IN ENCLOSURES:

82

Where it is necessary for Divers to enter pipes or tunnels, or other enclosures where there is no vertical ascent, the following premium shall be paid: Distance traveled from entrance 26 feet to 300 feet: $1.00 per foot. When it is necessary for a diver to enter any pipe, tunnel or other enclosure less than 48" in height, the premium will be $1.00 per foot. WORK IN COMBINATION OF CLASSIFICATIONS: Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift. ---------------------------------------------------------------- CARP0034-003 07/01/2011 Rates Fringes Piledriver.......................$ 36.75 28.04 ---------------------------------------------------------------- CARP0035-001 08/01/2011 AREA 1: MARIN, NAPA, SOLANO & SONOMA AREA 3: SACRAMENTO AREA 4: ALPINE, BUTTE, COLUSA, EL DORADO, GLENN, LASSEN, MODOC, NEVADA, PLACER, PLUMAS, SHASTA, SIERRA, SISKIYOU, SUTTER, TEHAMA, TRINITY, YOLO & YUBA Rates Fringes Drywall Installers/Lathers: Area 1......................$ 37.50 25.28 Area 3......................$ 32.12 25.28 Area 4......................$ 30.77 25.28 Drywall Stocker/Scrapper Area 1......................$ 18.75 14.44 Area 3......................$ 16.06 14.44 Area 4......................$ 15.39 14.44 ---------------------------------------------------------------- CARP0035-009 07/01/2011 Marin County Rates Fringes CARPENTER Bridge Builder/Highway Carpenter...................$ 37.50 24.84 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 37.65 24.84 Journeyman Carpenter........$ 37.50 24.84

83

Millwright..................$ 37.60 26.43 ---------------------------------------------------------------- CARP0035-010 07/01/2010 AREA 1: Marin, Napa, Solano & Sonoma Counties AREA 2: Alpine, San Benito and Santa Cruz AREA 3: Alpine, Butte, Colusa, El Dorado, Glenn, Lassen, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Yolo & Yuba counties Rates Fringes Modular Furniture Installer Area 1 Installer I................$ 22.11 14.98 Installer II...............$ 18.68 14.98 Lead Installer.............$ 25.56 15.48 Master Installer...........$ 29.78 15.48 Area 2 Installer I................$ 19.46 14.98 Installer II...............$ 16.51 14.98 Lead Installer.............$ 22.43 15.48 Master Installer...........$ 26.06 15.48 Area 3 Installer I................$ 18.51 14.98 Installer II...............$ 15.74 14.98 Lead Installer.............$ 21.31 15.48 Master Installer...........$ 24.73 15.48 ---------------------------------------------------------------- CARP0046-001 07/01/2011 El Dorado (West), Placer (West), Sacramento and Yolo Counties Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 37.50 24.84 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 31.77 24.84 Journeyman Carpenter........$ 31.62 24.84 Millwright..................$ 34.12 26.43 Footnote: Placer County (West) includes territory West of and including Highway 49 and El Dorado County (West) includes territory West of and including Highway 49 and territory inside the city limits of Placerville. ---------------------------------------------------------------- CARP0046-002 07/01/2011 Alpine, Colusa, El Dorado (East), Nevada, Placer (East),

84

Sierra, Sutter and Yuba Counties Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 37.50 24.84 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 30.42 24.84 Journeyman Carpenter........$ 30.27 24.84 Millwright..................$ 32.77 26.43 ---------------------------------------------------------------- CARP0152-003 07/01/2011 Amador County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 37.50 24.84 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 30.42 24.84 Journeyman Carpenter........$ 30.27 24.84 Millwright..................$ 32.77 26.43 ---------------------------------------------------------------- CARP0180-001 07/01/2011 Solano County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 37.50 24.84 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 37.65 24.84 Journeyman Carpenter........$ 37.50 24.84 Millwright..................$ 37.60 26.43 ---------------------------------------------------------------- CARP0751-001 07/01/2011 Napa and Sonoma Counties Rates Fringes Carpenters

85

Bridge Builder/Highway Carpenter...................$ 37.50 24.84 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 37.65 24.84 Journeyman Carpenter........$ 37.50 24.84 Millwright..................$ 37.60 26.43 ---------------------------------------------------------------- CARP1599-001 07/01/2011 Butte, Glenn, Lassen, Modoc, Plumas, Shasta, Siskiyou, Tehama and Trinity Counties Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 37.50 24.84 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 30.42 24.84 Journeyman Carpenter........$ 30.27 24.84 Millwright..................$ 32.77 26.43 ---------------------------------------------------------------- ELEC0006-002 12/01/2010 MARIN, NAPA, SOLANO & SONOMA COUNTIES Rates Fringes Sound & Communications Installer...................$ 29.87 3%+12.95 Technician..................$ 34.01 3%+12.95 SCOPE OF WORK INCLUDES- SOUND & VOICE TRANSMISSION (Music, Intercom, Nurse Call, Telephone); FIRE ALARM SYSTEMS [excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs], TELEVISION & VIDEO SYSTEMS, SECURITY SYSTEMS, COMMUNICATIONS SYSTEMS that transmit or receive information and/or control systems that are intrinsic to the above. EXCLUDES- Excludes all other data systems or multiple systems which include control function or power supply; excludes installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excludes energy management systems.

86

---------------------------------------------------------------- ELEC0180-001 06/01/2011 NAPA AND SOLANO COUNTIES Rates Fringes CABLE SPLICER....................$ 48.16 3%+19.88 ELECTRICIAN......................$ 42.81 3%+19.88 ---------------------------------------------------------------- ELEC0340-002 12/01/2010 ALPINE, AMADOR, BUTTE, COLUSA, EL DORADO, GLENN, LASSEN, NEVADA, PLACER, PLUMAS, SACRAMENTO, TRINITY, YOLO, YUBA COUNTIES Rates Fringes Communications System Sound & Communications Installer...................$ 24.13 3%+10.65 Sound & Communications Technician..................$ 27.75 3%+10.65 SCOPE OF WORK Includes the installation testing, service and maintenance, of the following systems which utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for the following TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms, and low voltage master clock systems. A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS Background foreground music Intercom and telephone interconnect systems, Telephone systems, Nurse call systems, Radio page systems, School intercom and sound systems, Burglar alarm systems, Low voltage master clock systems, Multi-media/multiplex systems, Sound and musical entertainment systems, RF systems, Antennas and Wave Guide. B. FIRE ALARM SYSTEMS Installation, wire pulling and testing C. TELEVISION AND VIDEO SYSTEMS Television monitoring and surveillance systems, Video security systems, Video entertainment systems, Video educational systems, Microwave transmission systems, CATV and CCTV D. SECURITY SYSTEMS Perimeter security systems Vibration sensor systems Card access systems Access control systems Sonar/infrared monitoring equipment

87

E. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE INFORMATION AND/OR CONTROL SYSTEMS THAT ARE INTRINSIC TO THE ABOVE LISTED SYSTEMS SCADA (Supervisory Control and Data Acquisition) PCM (Pulse Code Modulation) Inventory Control Systems Digital Data Systems Broadband and Baseband and Carriers Point of Sale Systems VSAT Data Systems Data Communication Systems RF and Remote Control Systems Fiber Optic Data Systems WORK EXCLUDED Raceway systems are not covered (excluding Ladder-Rack for the purpose of the above listed systems). Chases and/or nipples (not to exceed 10 feet) may be installed on open wiring systems. Energy management systems. SCADA (Supervisory Control and Data Acquisition) when not intrinsic to the above listed systems (in the scope). Fire alarm systems when installed in raceways (including wire and cable pulling) shall be performed at the electrician wage rate, when either of the following two (2) conditions apply: 1. The project involves new or major remodel building trades construction. 2. The conductors for the fire alarm system are installed in conduit. ---------------------------------------------------------------- ELEC0340-003 06/01/2011 ALPINE (West of Sierra Mt. Watershed), AMADOR, BUTTE, COLUSA, EL DORADO (West of Sierra Mt. Watershed), GLENN, LASSEN, NEVADA (West of Sierra Mt. Watershed), PLACER, PLUMAS, SACRAMENTO, SHASTA, SIERRA (West of Sierra Mt. Watershed), SUTTER, TEHAMA, TRINITY, YOLO & YUBA COUNTIES Rates Fringes ELECTRICIAN Remaining area..............$ 38.93 16.57 Sierra Army Depot, Herlong..$ 48.66 3%+13.25 Tunnel work.................$ 40.88 3%+13.25 CABLE SPLICER: Receives 110% of the Electrician basic hourly rate. ---------------------------------------------------------------- ELEC0401-005 12/01/2009 ALPINE (east of the main watershed divide), EL DORADO (east of the main watershed divide), NEVADA (east of the main watershed), PLACER (east of the main watershed divide) and SIERRA (east of the main watershed divide) COUNTIES: Rates Fringes ELECTRICIAN......................$ 35.40 13.02+3% ---------------------------------------------------------------- ELEC0551-004 06/01/2011 MARIN AND SONOMA COUNTIES

88

Rates Fringes ELECTRICIAN......................$ 46.00 14.38 ---------------------------------------------------------------- ELEC0659-006 01/01/2012 DEL NORTE, MODOC and SISKIYOU COUNTIES Rates Fringes ELECTRICIAN......................$ 30.02 14.45 ---------------------------------------------------------------- ELEC0659-008 02/01/2010 DEL NORTE, MODOC & SISKIYOU COUNTIES Rates Fringes Line Construction (1) Cable Splicer...........$ 47.34 13.74 (2) Lineman, Pole Sprayer, Heavy Line Equipment Man....$ 42.27 13.54 (3) Tree Trimmer............$ 29.70 9.94 (4) Line Equipment Man......$ 36.35 10.85 (5) Powdermen, Jackhammermen...............$ 31.90 10.00 (6) Groundman...............$ 29.59 10.24 ---------------------------------------------------------------- ELEC1245-004 06/01/2011 ALL COUNTIES EXCEPT DEL NORTE, MODOC & SISKIYOU Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 47.87 13.87 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment)...........$ 38.23 12.80 (3) Groundman...............$ 29.25 12.53 (4) Powderman...............$ 42.75 12.97 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- * ELEV0008-001 01/01/2012 Rates Fringes ELEVATOR MECHANIC................$ 57.29 23.535

89

FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------- * ENGI0003-008 07/01/2011 Rates Fringes Dredging: (DREDGING: CLAMSHELL & DIPPER DREDGING; HYDRAULIC SUCTION DREDGING:) AREA 1: (1) Leverman...............$ 38.94 25.40 (2) Dredge Dozer; Heavy duty repairman.............$ 33.98 25.40 (3) Booster Pump Operator; Deck Engineer; Deck mate; Dredge Tender; Winch Operator...................$ 32.86 25.40 (4) Bargeman; Deckhand; Fireman; Leveehand; Oiler..$ 29.56 25.40 AREA 2: (1) Leverman...............$ 40.94 25.40 (2) Dredge Dozer; Heavy duty repairman.............$ 35.98 25.40 (3) Booster Pump Operator; Deck Engineer; Deck mate; Dredge Tender; Winch Operator...................$ 34.86 25.40 (4) Bargeman; Deckhand; Fireman; Leveehand; Oiler..$ 31.56 25.40 AREA DESCRIPTIONS AREA 1: ALAMEDA,BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES AREA 2: MODOC COUNTY THE REMAINGING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW: ALPINE COUNTY: Area 1: Northernmost part Area 2: Remainder CALAVERAS COUNTY: Area 1: Remainder

90

Area 2: Eastern part COLUSA COUNTY: Area 1: Eastern part Area 2: Remainder ELDORADO COUNTY: Area 1: North Central part Area 2: Remainder FRESNO COUNTY: Area 1: Remainder Area 2: Eastern part GLENN COUNTY: Area 1: Eastern part Area 2: Remainder LASSEN COUNTY: Area 1: Western part along the Southern portion of border with Shasta County Area 2: Remainder MADERA COUNTY: Area 1: Except Eastern part Area 2: Eastern part MARIPOSA COUNTY Area 1: Except Eastern part Area 2: Eastern part MONTERREY COUNTY Area 1: Except Southwestern part Area 2: Southwestern part NEVADA COUNTY: Area 1: All but the Northern portion along the border of Sierra County Area 2: Remainder PLACER COUNTY: Area 1: Al but the Central portion Area 2: Remainder PLUMAS COUNTY: Area 1: Western portion Area 2: Remainder SHASTA COUNTY: Area 1: All but the Northeastern corner Area 2: Remainder SIERRA COUNTY: Area 1: Western part Area 2: Remainder SISKIYOU COUNTY:

91

Area 1: Central part Area 2: Remainder SONOMA COUNTY: Area 1: All but the Northwestern corner Area 2: Remainder TEHAMA COUNTY: Area 1: All but the Western border with Mendocino & Trinity Counties Area 2: Remainder TRINITY COUNTY: Area 1: East Central part and the Northeastern border with Shasta County Area 2: Remainder TUOLUMNE COUNTY: Area 1: Except Eastern part Area 2: Eastern part ---------------------------------------------------------------- * ENGI0003-018 06/27/2011 "AREA 1" WAGE RATES ARE LISTED BELOW "AREA 2" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1 RATES. SEE AREA DEFINITIONS BELOW Rates Fringes OPERATOR: Power Equipment (AREA 1:) GROUP 1.....................$ 37.77 24.00 GROUP 2.....................$ 36.24 24.00 GROUP 3.....................$ 34.76 24.00 GROUP 4.....................$ 33.38 24.00 GROUP 5.....................$ 32.11 24.00 GROUP 6.....................$ 30.79 24.00 GROUP 7.....................$ 29.65 24.00 GROUP 8.....................$ 28.51 24.00 GROUP 8-A...................$ 28.30 24.00 OPERATOR: Power Equipment (Cranes and Attachments - AREA 1:) GROUP 1 Cranes.....................$ 38.65 24.00 Oiler......................$ 29.39 24.00 Truck crane oiler..........$ 31.68 24.00 GROUP 2 Cranes.....................$ 36.89 24.00 Oiler......................$ 29.18 24.00 Truck crane oiler..........$ 31.42 24.00 GROUP 3 Cranes.....................$ 35.14 24.00

92

Hydraulic..................$ 30.79 24.00 Oiler......................$ 28.90 24.00 Truck Crane Oiler..........$ 31.18 24.00 OPERATOR: Power Equipment (Piledriving - AREA 1:) GROUP 1 Lifting devices............$ 38.99 24.00 Oiler......................$ 29.73 24.00 Truck crane oiler..........$ 32.01 24.00 GROUP 2 Lifting devices............$ 37.17 24.00 Oiler......................$ 29.46 24.00 Truck Crane Oiler..........$ 31.76 24.00 GROUP 3 Lifting devices............$ 35.49 24.00 Oiler......................$ 29.24 24.00 Truck Crane Oiler..........$ 31.47 24.00 GROUP 4.....................$ 33.72 24.00 GROUP 5.....................$ 31.08 24.00 GROUP 6.....................$ 28.85 24.00 OPERATOR: Power Equipment (Steel Erection - AREA 1:) GROUP 1 Cranes.....................$ 39.62 24.00 Oiler......................$ 30.07 24.00 Truck Crane Oiler..........$ 32.30 24.00 GROUP 2 Cranes.....................$ 37.85 24.00 Oiler......................$ 29.80 24.00 Truck Crane Oiler..........$ 32.08 24.00 GROUP 3 Cranes.....................$ 36.37 24.00 Hydraulic..................$ 31.42 24.00 Oiler......................$ 29.58 24.00 Truck Crane Oiler..........$ 31.81 24.00 GROUP 4.....................$ 34.35 24.00 GROUP 5.....................$ 33.05 24.00 OPERATOR: Power Equipment (Tunnel and Underground Work - AREA 1:) SHAFTS, STOPES, RAISES: GROUP 1....................$ 33.87 24.00 GROUP 1-A..................$ 36.34 24.00 GROUP 2....................$ 32.61 24.00 GROUP 3....................$ 31.28 24.00 GROUP 4....................$ 30.14 24.00 GROUP 5....................$ 29.00 24.00 UNDERGROUND: GROUP 1....................$ 33.77 24.00 GROUP 1-A..................$ 36.34 24.00 GROUP 2....................$ 32.51 24.00 GROUP 3....................$ 31.18 24.00 GROUP 4....................$ 30.04 24.00 GROUP 5....................$ 28.90 24.00 FOOTNOTE: Work suspended by ropes or cables, or work on a Yo-Yo Cat: $.60 per hour additional.

93

POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Operator of helicopter (when used in erection work); Hydraulic excavator, 7 cu. yds. and over; Power shovels, over 7 cu. yds. GROUP 2: Highline cableway; Hydraulic excavator, 3-1/2 cu. yds. up to 7 cu. yds.; Licensed construction work boat operator, on site; Power blade operator (finish); Power shovels, over 1 cu. yd. up to and including 7 cu. yds. m.r.c. GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine assistant to engineer or mechanic; Crane mounted continuous flight tie back machine, tonnage to apply; Crane mounted drill attachment, tonnage to apply; Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over; Long reach excavator; Multiple engine scraper (when used as push pull); Power shovels, up to and including 1 cu. yd.; Pre-stress wire wrapping machine; Side boom cat, 572 or larger; Track loader 4 cu. yds. and over; Wheel excavator (up to and including 750 cu. yds. per hour) GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to and including 3/4 cu. yd.; Concrete batch plant (wet or dry); Dozer and/or push cat; Pull- type elevating loader; Gradesetter, grade checker (GPS, mechanical or otherwise); Grooving and grinding machine; Heading shield operator; Heavy-duty drilling equipment, Hughes, LDH, Watson 3000 or similar; Heavy-duty repairperson and/or welder; Lime spreader; Loader under 4 cu. yds.; Lubrication and service engineer (mobile and grease rack); Mechanical finishers or spreader machine (asphalt, Barber-Greene and similar); Miller Formless M-9000 slope paver or similar; Portable crushing and screening plants; Power blade support; Roller operator, asphalt; Rubber-tired scraper, self-loading (paddle-wheels, etc.); Rubber- tired earthmoving equipment (scrapers); Slip form paver (concrete); Small tractor with drag; Soil stabilizer (P & H or equal); Spider plow and spider puller; Tubex pile rig; Unlicensed constuction work boat operator, on site; Timber skidder; Track loader up to 4 yds.; Tractor-drawn scraper; Tractor, compressor drill combination; Welder; Woods-Mixer (and other similar Pugmill equipment) GROUP 5: Cast-in-place pipe laying machine; Combination slusher and motor operator; Concrete conveyor or concrete pump, truck or equipment mounted; Concrete conveyor, building site; Concrete pump or pumpcrete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring machinery, horizontal (not to apply to waterliners, wagon drills or jackhammers); Concrete mixer/all; Person

94

and/or material hoist; Mechanical finishers (concrete) (Clary, Johnson, Bidwell Bridge Deck or similar types); Mechanical burm, curb and/or curb and gutter machine, concrete or asphalt); Mine or shaft hoist; Portable crusher; Power jumbo operator (setting slip-forms, etc., in tunnels); Screed (automatic or manual); Self-propelled compactor with dozer; Tractor with boom D6 or smaller; Trenching machine, maximum digging capacity over 5 ft. depth; Vermeer T-600B rock cutter or similar GROUP 6: Armor-Coater (or similar); Ballast jack tamper; Boom- type backfilling machine; Assistant plant engineer; Bridge and/or gantry crane; Chemical grouting machine, truck-mounted; Chip spreading machine operator; Concrete saw (self-propelled unit on streets, highways, airports and canals); Deck engineer; Drilling equipment Texoma 600, Hughes 200 Series or similar up to and including 30 ft. m.r.c.; Drill doctor; Helicopter radio operator; Hydro-hammer or similar; Line master; Skidsteer loader, Bobcat larger than 743 series or similar (with attachments); Locomotive; Lull hi-lift or similar; Oiler, truck mounted equipment; Pavement breaker, truck-mounted, with compressor combination; Paving fabric installation and/or laying machine; Pipe bending machine (pipelines only); Pipe wrapping machine (tractor propelled and supported); Screed (except asphaltic concrete paving); Self- propelled pipeline wrapping machine; Soils & materials tester; Tractor; Self-loading chipper; Concrete barrier moving machine GROUP 7: Ballast regulator; Boom truck or dual-purpose A-frame truck, non-rotating - under 15 tons; Truck-mounted rotating telescopic boom type lifting device, Manitex or similar (boom truck) - under 15 tons; Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r.c.; Firetender (hot plant); Grouting machine operator; Highline cableway signalperson; Stationary belt loader (Kolman or similar); Lift slab machine (Vagtborg and similar types); Maginnes internal full slab vibrator; Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor combination); Pipe cleaning machine (tractor propelled and supported); Post driver; Roller (except asphalt); Chip Seal; Self-propelled automatically applied concrete curing mahcine (on streets, highways, airports and canals); Self-propelled compactor (without dozer); Signalperson; Slip-form pumps (lifting device for concrete forms); Tie spacer; Tower mobile; Trenching machine, maximum digging capacity up to and including 5 ft. depth; Truck- type loader GROUP 8: Bit sharpener; Boiler tender; Box operator; Brakeperson; Combination mixer and compressor (shotcrete/gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator; Gunite/shotcrete equipment operator; Hydraulic monitor; Ken seal machine (or similar); Mixermobile; Oiler; Pump operator; Refrigeration plant; Reservoir-debris tug (self-

95

propelled floating); Ross Carrier (construction site); Rotomist operator; Self-propelled tape machine; Shuttlecar; Self-propelled power sweeper operator (includes vacuum sweeper); Slusher operator; Surface heater; Switchperson; Tar pot firetender; Tugger hoist, single drum; Vacuum cooling plant; Welding machine (powered other than by electricity) GROUP 8-A: Elevator operator; Skidsteer loader-Bobcat 743 series or smaller, and similar (without attachments); Mini excavator under 25 H.P. (backhoe-trencher); Tub grinder wood chipper ---------------------------------------------------------- ALL CRANES AND ATTACHMENTS GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over 100 tons; Derrick, over 100 tons; Derrick barge pedestal-mounted, over 100 tons; Self-propelled boom-type lifting device, over 100 tons GROUP 2: Clamshell and dragline over 1 cu. yd. up to and including 7 cu. yds.; Crane, over 45 tons up to and including 100 tons; Derrick barge, 100 tons and under; Self-propelled boom-type lifting device, over 45 tons; Tower crane GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Cranes 45 tons and under; Self-propelled boom-type lifting device 45 tons and under; Boom Truck or dual purpose A-frame truck, non-rotating over 15 tons; Truck-mounted rotating telescopic boom type lifting device, Manitex or similar (boom truck) over 15 tons; ----------------------------------------------------------- PILEDRIVERS GROUP 1: Derrick barge pedestal mounted over 100 tons; Clamshell over 7 cu. yds.; Self-propelled boom-type lifting device over 100 tons; Truck crane or crawler, land or barge mounted over 100 tons GROUP 2: Derrick barge pedestal mounted 45 tons to and including 100 tons; Clamshell up to and including 7 cu. yds.; Self-propelled boom-type lifting device over 45 tons; Truck crane or crawler, land or barge mounted, over 45 tons up to and including 100 tons; Fundex F-12 hydraulic pile rig GROUP 3: Derrick barge pedestal mounted under 45 tons; Self- propelled boom-type lifting device 45 tons and under; Skid/scow piledriver, any tonnage; Truck crane or crawler, land or barge mounted 45 tons and under GROUP 4: Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over; Heavy-duty repairperson/welder

96

GROUP 5: Deck engineer GROUP 6: Deckhand; Fire tender ------------------------------------------------------------- STEEL ERECTORS GROUP 1: Crane over 100 tons; Derrick over 100 tons; Self- propelled boom-type lifting device over 100 tons GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100 tons; Self-propelled boom-type lifting device over 45 tons to 100 tons; Tower crane GROUP 3: Crane, 45 tons and under; Self-propelled boom-type lifting device, 45 tons and under GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty repair person/welder GROUP 5: Boom cat -------------------------------------------------------------- -- TUNNEL AND UNDERGROUND WORK GROUP 1-A: Tunnel bore machine operator, 20' diameter or more GROUP 1: Heading shield operator; Heavy-duty repairperson; Mucking machine (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator GROUP 2: Combination slusher and motor operator; Concrete pump or pumpcrete gun; Power jumbo operator GROUP 3: Drill doctor; Mine or shaft hoist GROUP 4: Combination slurry mixer cleaner; Grouting Machine operator; Motorman GROUP 5: Bit Sharpener; Brakeman; Combination mixer and compressor (gunite); Compressor operator; Oiler; Pump operator; Slusher operator ----------------------------------------------------------- AREA DESCRIPTIONS: POWER EQUIPMENT OPERATORS, CRANES AND ATTACHMENTS,TUNNEL AND UNDERGROUND [These areas do not apply to Piledrivers and Steel Erectors] AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN,

97

SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES AREA 2 - MODOC COUNTY THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW: ALPINE COUNTY: Area 1: Northernmost part Area 2: Remainder CALAVERAS COUNTY: Area 1: Except Eastern part Area 2: Eastern part COLUSA COUNTY: Area 1: Eastern part Area 2: Remainder DEL NORTE COUNTY: Area 1: Extreme Southwestern corner Area 2: Remainder ELDORADO COUNTY: Area 1: North Central part Area 2: Remainder FRESNO COUNTY Area 1: Except Eastern part Area 2: Eastern part GLENN COUNTY: Area 1: Eastern part Area 2: Remainder HUMBOLDT COUNTY: Area 1: Except Eastern and Southwestern parts Area 2: Remainder LAKE COUNTY: Area 1: Southern part Area 2: Remainder LASSEN COUNTY: Area 1: Western part along the Southern portion of border with Shasta County Area 2: Remainder MADERA COUNTY Area 1: Remainder Area 2: Eastern part MARIPOSA COUNTY Area 1: Remainder Area 2: Eastern part

98

MENDOCINO COUNTY: Area 1: Central and Southeastern parts Area 2: Remainder MONTEREY COUNTY Area 1: Remainder Area 2: Southwestern part NEVADA COUNTY: Area 1: All but the Northern portion along the border of Sierra County Area 2: Remainder PLACER COUNTY: Area 1: All but the Central portion Area 2: Remainder PLUMAS COUNTY: Area 1: Western portion Area 2: Remainder SHASTA COUNTY: Area 1: All but the Northeastern corner Area 2: Remainder SIERRA COUNTY: Area 1: Western part Area 2: Remainder SISKIYOU COUNTY: Area 1: Central part Area 2: Remainder SONOMA COUNTY: Area 1: All but the Northwestern corner Area 2: Reaminder TEHAMA COUNTY: Area 1: All but the Western border with mendocino & Trinity Counties Area 2: Remainder TRINITY COUNTY: Area 1: East Central part and the Northeaster border with Shasta County Area 2: Remainder TULARE COUNTY; Area 1: Remainder Area 2: Eastern part TUOLUMNE COUNTY: Area 1: Remainder Area 2: Eastern Part ---------------------------------------------------------------- ENGI0003-019 06/27/2011

99

SEE AREA DESCRIPTIONS BELOW Rates Fringes OPERATOR: Power Equipment (LANDSCAPE WORK ONLY) GROUP 1 AREA 1.....................$ 28.64 19.96 AREA 2.....................$ 30.64 19.96 GROUP 2 AREA 1.....................$ 25.04 19.96 AREA 2.....................$ 27.04 19.96 GROUP 3 AREA 1.....................$ 20.43 19.96 AREA 2.....................$ 22.43 19.96 GROUP DESCRIPTIONS: GROUP 1: Landscape Finish Grade Operator: All finish grade work regardless of equipment used, and all equipment with a rating more than 65 HP. GROUP 2: Landscape Operator up to 65 HP: All equipment with a manufacturer's rating of 65 HP or less except equipment covered by Group 1 or Group 3. The following equipment shall be included except when used for finish work as long as manufacturer's rating is 65 HP or less: A-Frame and Winch Truck, Backhoe, Forklift, Hydragraphic Seeder Machine, Roller, Rubber-Tired and Track Earthmoving Equipment, Skiploader, Straw Blowers, and Trencher 31 HP up to 65 HP. GROUP 3: Landscae Utility Operator: Small Rubber-Tired Tractor, Trencher Under 31 HP. AREA DESCRIPTIONS: AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES AREA 2 - MODOC COUNTY THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW: ALPINE COUNTY: Area 1: Northernmost part Area 2: Remainder CALAVERAS COUNTY: Area 1: Except Eastern part Area 2: Eastern part COLUSA COUNTY: Area 1: Eastern part

100

Area 2: Remainder DEL NORTE COUNTY: Area 1: Extreme Southwestern corner Area 2: Remainder ELDORADO COUNTY: Area 1: North Central part Area 2: Remainder FRESNO COUNTY Area 1: Except Eastern part Area 2: Eastern part GLENN COUNTY: Area 1: Eastern part Area 2: Remainder HUMBOLDT COUNTY: Area 1: Except Eastern and Southwestern parts Area 2: Remainder LAKE COUNTY: Area 1: Southern part Area 2: Remainder LASSEN COUNTY: Area 1: Western part along the Southern portion of border with Shasta County Area 2: Remainder MADERA COUNTY Area 1: Remainder Area 2: Eastern part MARIPOSA COUNTY Area 1: Remainder Area 2: Eastern part MENDOCINO COUNTY: Area 1: Central and Southeastern parts Area 2: Remainder MONTEREY COUNTY Area 1: Remainder Area 2: Southwestern part NEVADA COUNTY: Area 1: All but the Northern portion along the border of Sierra County Area 2: Remainder PLACER COUNTY: Area 1: All but the Central portion Area 2: Remainder PLUMAS COUNTY:

101

Area 1: Western portion Area 2: Remainder SHASTA COUNTY: Area 1: All but the Northeastern corner Area 2: Remainder SIERRA COUNTY: Area 1: Western part Area 2: Remainder SISKIYOU COUNTY: Area 1: Central part Area 2: Remainder SONOMA COUNTY: Area 1: All but the Northwestern corner Area 2: Reaminder TEHAMA COUNTY: Area 1: All but the Western border with mendocino & Trinity Counties Area 2: Remainder TRINITY COUNTY: Area 1: East Central part and the Northeaster border with Shasta County Area 2: Remainder TULARE COUNTY; Area 1: Remainder Area 2: Eastern part TUOLUMNE COUNTY: Area 1: Remainder Area 2: Eastern Part ---------------------------------------------------------------- * IRON0002-004 07/01/2011 Rates Fringes Ironworkers: Fence Erector...............$ 26.58 15.76 Ornamental, Reinforcing and Structural..............$ 33.00 24.40 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB

102

$4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- * LABO0067-002 12/01/2011 AREA "A" - ALAMEDA, CONTRA COSTA, MARIN, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES AREA "B" - ALPINE, AMADOR, BUTTE, CALAVERAS, COLUSA, DEL NORTE, EL DORADO, FRESNO, GLENN, HUMBOLDT, KINGS, LAKE, LASSEN, MADERA, MARIPOSA, MENDOCINO, MERCED, MODOC, MONTEREY, NAPA, NEVADA, PLACER, PLUMAS, SACRAMENTO, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, SHASTA, SIERRA, SISKIYOU, SOLANO, SONOMA, STANISLAUS, SUTTER, TEHAMA, TRINITY, TULARE, TUOLUMNE, YOLO AND YUBA COUNTIES Rates Fringes Asbestos Removal Laborer Areas A & B.................$ 18.68 8.15 LABORER (Lead Removal) Area A......................$ 36.25 7.79 Area B......................$ 35.25 7.79 ASBESTOS REMOVAL-SCOPE OF WORK: Site mobilization; initial site clean-up; site preparation; removal of asbestos-containing materials from walls and ceilings; or from pipes, boilers and mechanical systems only if they are being scrapped; encapsulation, enclosure and disposal of asbestos-containing materials by hand or with equipment or machinery; scaffolding; fabrication of temporary wooden barriers; and assembly of decontamination stations. ---------------------------------------------------------------- LABO0067-003 07/01/2009 AREA A: ALAMEDA, CONTRA COSTA, MARIN, SAN FRANCISCO, SAN MATEO & SANTA CLARA AREA B: ALPINE, AMADOR, BUTTE, CALAVERAS, COLUSA, DEL NORTE, EL DORADO, FRESNO, GLENN, HUMBOLDT, KINGS, LAKE, LASSEN, MADERA, MARIPOSA, MENOCINO, MERCED, MODOC, MONTEREY, NAPA, NEVADA, PLACER, PLUMAS, SANCRMENTO, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, SIERRA, SHASTA, SISKIYOU, SOLANO, SONOMA, STANISLAUS,TEHAMA,TRINITY, TULARE, TUOLUMNE, YOLO & YUBA COUNTIES Rates Fringes

103

LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person Area A.....................$ 26.89 14.93 Area B.....................$ 25.89 14.93 Traffic Control Person I Area A.....................$ 27.19 14.93 Area B.....................$ 26.19 14.93 Traffic Control Person II Area A.....................$ 24.69 14.93 Area B.....................$ 23.69 14.93 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO0067-006 06/28/2010 AREA "A" - ALAMEDA, CONTRA COSTA, MARIN, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES AREA "B" - ALPINE, AMADOR, BUTTE, CALAVERAS, COLUSA, EL DORADO, FRESNO, GLENN, KINGS, LASSEN, MADERA, MARIPOSA, MERCED, MODOC, MONTEREY, NAPA, NEVADA, PLACER, PLUMAS, SACRAMENTO, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, SHASTA, SIERRA, SISKIYOU, SOLANO, SONOMA, STANISLAUS, SUTTER, TEHAMA, TRINITY, TULARE, TUOLUMNE, YOLO AND YUBA COUNTIES Rates Fringes Laborers: (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group.......................$ 27.84 15.82 GROUP 1.....................$ 27.14 15.82 GROUP 1-a...................$ 27.36 15.82 GROUP 1-c...................$ 27.19 15.82 GROUP 1-e...................$ 27.69 15.82 GROUP 1-f...................$ 27.72 15.82 GROUP 1-g (Contra Costa County).....................$ 27.34 15.82 GROUP 2.....................$ 26.99 15.82 GROUP 3.....................$ 26.89 15.82 GROUP 4.....................$ 20.58 15.82 See groups 1-b and 1-d under laborer classifications. Laborers: (CONSTRUCTION CRAFT LABORERS - AREA B:) Construction Specialist Group.......................$ 26.84 15.82 GROUP 1.....................$ 26.14 15.82 GROUP 1-a...................$ 26.36 15.82 GROUP 1-c...................$ 26.19 15.82

104

GROUP 1-e...................$ 26.69 15.82 GROUP 1-f...................$ 26.72 15.82 GROUP 2.....................$ 25.99 15.82 GROUP 3.....................$ 25.89 15.82 GROUP 4.....................$ 19.58 15.82 See groups 1-b and 1-d under laborer classifications. Laborers: (GUNITE - AREA A:) GROUP 1.....................$ 28.10 15.82 GROUP 2.....................$ 27.60 15.82 GROUP 3.....................$ 27.60 15.82 GROUP 4.....................$ 27.60 15.82 Laborers: (GUNITE - AREA B:) GROUP 1.....................$ 27.10 15.82 GROUP 2.....................$ 26.60 15.82 GROUP 3.....................$ 26.01 15.82 GROUP 4.....................$ 25.89 15.82 Laborers: (WRECKING - AREA A:) GROUP 1.....................$ 27.14 15.82 GROUP 2.....................$ 26.99 15.82 Laborers: (WRECKING - AREA B:) GROUP 1.....................$ 26.14 15.82 GROUP 2.....................$ 25.99 15.82 Landscape Laborer (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction........$ 26.89 15.82 (2) Establishment Warranty Period......................$ 20.58 15.82 Landscape Laborer (GARDENERS, HORTICULURAL & LANDSCAPE LABORERS - AREA B:) (1) New Construction........$ 25.89 15.82 (2) Establishment Warranty Period......................$ 19.58 15.82 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified

105

hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. "Sewer cleaner" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically

106

covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification "material cleaner" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.

107

The material cleaner classification should not be used in the performance of "form stripping, cleaning and oiling and moving to the next point of erection". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LABO0067-010 07/01/2010 Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 33.35 16.08 GROUP 2.....................$ 33.12 16.08 GROUP 3.....................$ 32.87 16.08 GROUP 4.....................$ 32.42 16.08 GROUP 5.....................$ 31.88 16.08 Shotcrete Specialist........$ 33.87 16.08 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work);

108

Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LABO0073-001 07/01/2009 Rates Fringes Plasterer tender.................$ 28.37 14.14 ---------------------------------------------------------------- LABO0139-002 07/01/2009 NAPA, SOLANO AND SONOMA COUNTIES Rates Fringes LABORER (Brick) Mason Tender-Brick..........$ 27.28 14.93 ---------------------------------------------------------------- LABO0185-002 07/01/2009 ALPINE, AMADOR, BUTTE, COLUSA, EL DORADO, GLENN, LASSEN, MODOC, NEVADA, PLACER, PLUMAS, SACRAMENTO, SHASTA, SIERRA, SISKIYOU, SUTTER, TEHAMA, TRINITY, YOLO AND YUBA COUNTIES Rates Fringes LABORER Mason Tender-Brick..........$ 27.03 14.93 ---------------------------------------------------------------- LABO0291-001 07/01/2009 MARIN COUNTY Rates Fringes LABORER Mason Tender-Brick..........$ 28.28 14.93 ---------------------------------------------------------------- * PAIN0016-004 01/01/2012 MARIN, NAPA, SOLANO & SONOMA COUNTIES Rates Fringes Painters:........................$ 33.09 19.83 PREMIUMS: EXOTIC MATERIALS - $0.75 additional per hour. SPRAY WORK: - $0.50 additional per hour. INDUSTRIAL PAINTING - $0.25 additional per hour [Work on industrial buildings used for the manufacture and

109

processing of goods for sale or service; steel construction (bridges), stacks, towers, tanks, and similar structures] HIGH WORK: over 50 feet - $2.00 per hour additional 100 to 180 feet - $4.00 per hour additional Over 180 feet - $6.00 per houir additional ---------------------------------------------------------------- * PAIN0016-005 01/01/2012 ALPINE, BUTTE, COLUSA, EL DORADO (west of the Sierra Nevada Mountains), GLENN, LASSEN (west of Hwy. 395, excluding Honey Lake); MARIN, MODOC, NAPA, NEVADA (west of the Sierra Nevada Mountains), PLACER (west of the Sierra Nevada Mountains), PLUMAS, SACRAMENTO, SHASTA, SIERRA (west of the Sierra Nevada Mountains), SISKIYOU, SOLANO, SONOMA, SUTTER, TEHAMA, TRINITY, YOLO AND YUBA COUNTIES Rates Fringes DRYWALL FINISHER/TAPER...........$ 36.24 18.24 ---------------------------------------------------------------- * PAIN0016-007 01/01/2012 ALPINE, AMADOR, BUTTE, COLUSA. EL DORADO (west of the Sierra Nevada Mountains), GLENN, LASSEN (west of Highway 395, excluding Honey Lake), MODOC, NEVADA (west of the Sierra Nevada Mountains), PLACER (west of the Sierra Nevada Mountains), PLUMAS, SACRAMENTO, SHASTA, SIERRA (west of the Sierra Nevada Mountains), SISKIYOU, SUTTER, TEHAMA, TRINITY, YOLO & YUBA COUNTIES Rates Fringes Painters:........................$ 28.35 15.74 SPRAY/SANDBLAST: $0.50 additional per hour. EXOTIC MATERIALS: $1.00 additional per hour. HIGH TIME: Over 50 ft above ground or water level $2.00 additional per hour. 100 to 180 ft above ground or water level $4.00 additional per hour. Over 180 ft above ground or water level $6.00 additional per hour. ---------------------------------------------------------------- * PAIN0016-008 01/01/2012 MARIN, NAPA, SOLANO AND SONOMA COUNTIES Rates Fringes SOFT FLOOR LAYER.................$ 44.87 17.78 ---------------------------------------------------------------- * PAIN0169-004 01/01/2012 MARIN , NAPA & SONOMA COUNTIES; SOLANO COUNTY (west of a line defined as follows: Hwy. 80 corridor beginning at the City of

110

Fairfield, including Travis Air Force Base and Suisun City; going north of Manakas Corner Rd., continue north on Suisun Valley Rd. to the Napa County line; Hwy. 80 corridor south on Grizzly Island Rd. to the Grizzly Island Management area) Rates Fringes GLAZIER..........................$ 41.88 20.39 ---------------------------------------------------------------- * PAIN0567-001 01/01/2011 EL DORADO COUNTY (east of the Sierra Nevada Mountains); LASSEN COUNTY (east of Highway 395, beginning at Stacey and including Honey Lake); NEVADA COUNTY (east of the Sierra Nevada Mountains); PLACER COUNTY (east of the Sierra Nevada Mountains); AND SIERRA COUNTY (east of the Sierra Nevada Mountains) Rates Fringes Painters: Brush and Roller............$ 23.68 9.06 Spray Painter & Paperhanger.$ 24.53 9.06 PREMIUMS: Special Coatings (Brush), and Sandblasting = $0.50/hr Special Coatings (Spray), and Steeplejack = $1.00/hr Special Coating Spray Steel = $1.25/hr Swing Stage = $2.00/hr *A special coating is a coating that requires the mixing of 2 or more products. ---------------------------------------------------------------- PAIN0567-007 07/01/2011 EL DORADO COUNTY (east of the Sierra Nevada Mountains); LASSEN COUNTY (east of Highway 395, beginning at Stacey and including Honey Lake); NEVADA COUNTY (east of the Sierra Nevada Mountains); PLACER COUNTY (east of the Sierra Nevada Mountains) AND SIERRA COUNTY (east of the Sierra Nevada Mountains) Rates Fringes SOFT FLOOR LAYER.................$ 25.69 10.65 ---------------------------------------------------------------- PAIN0567-010 07/01/2010 EL DORADO COUNTY (east of the Sierra Nevada Mountains); LASSEN COUNTY (east of Highway 395, beginning at Stacey and including Honey Lake); NEVADA COUNTY (east of the Sierra Nevada Mountains); PLACER COUNTY (east of the Sierra Nevada Mountains); AND SIERRA COUNTY (east of the Sierra Nevada Mountains)

111

Rates Fringes Drywall (1) Taper...................$ 26.54 9.74 (2) Steeplejack - Taper, over 40 ft with open space below.......................$ 28.04 9.79 ---------------------------------------------------------------- * PAIN0767-004 01/01/2012 ALPINE, AMADOR, BUTTE, COLUSA, EL DORADO, GLENN, LASSEN, MODOC, NEVADA, PLACER, PLUMAS, SACRAMENTO, SHASTA, SIERRA, SISKIYOU, SOLANO (Remainder), SUTTER, TEHAMA, TRINITY, YOLO, YUBA Rates Fringes GLAZIER..........................$ 32.24 18.59 PAID HOLIDAYS: New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. Employee rquired to wear a body harness shall receive $1.50 per hour above the basic hourly rate at any elevation. ---------------------------------------------------------------- PAIN1176-001 07/01/2011 HIGHWAY IMPR0VEMENT Rates Fringes Parking Lot Striping/Highway Marking: GROUP 1.....................$ 31.35 11.65 GROUP 2.....................$ 26.65 11.65 GROUP 3.....................$ 26.96 11.65 CLASSIFICATIONS GROUP 1: Striper: Layout and application of painted traffic stripes and marking; hot thermo plastic; tape, traffic stripes and markings GROUP 2: Gamecourt & Playground Installer GROUP 3: Protective Coating, Pavement Sealing ---------------------------------------------------------------- * PAIN1237-001 01/01/2012 ALPINE; COLUSA; EL DORADO (west of the Sierra Nevada Mountains); GLENN; LASSEN (west of Highway 395, beginning at Stacey and including Honey Lake); MODOC; NEVADA (west of the Sierra Nevada Mountains); PLACER (west of the Sierra Nevada Mountains); PLUMAS; SACRAMENTO; SHASTA; SIERRA (west of the Sierra Nevada Mountains); SISKIYOU; SUTTER; TEHAMA; TRINITY;

112

YOLO AND YUBA COUNTIES Rates Fringes SOFT FLOOR LAYER.................$ 28.25 16.53 ---------------------------------------------------------------- PLAS0300-003 07/01/2009 Rates Fringes PLASTERER AREA 295: Alpine, Amador, Butte, Colusa, El Dorado, Glenn, Lassen, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, Solano, Sutter, Tehema, Trinity, Yolo & Yuba Counties........$ 32.82 15.10 AREA 355: Marin, Napa & Sonoma Counties.............$ 32.82 15.30 ---------------------------------------------------------------- PLAS0300-005 06/28/2010 Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 28.65 18.56 ---------------------------------------------------------------- PLUM0038-002 07/01/2011 MARIN AND SONOMA COUNTIES Rates Fringes PLUMBER (Plumber, Steamfitter, Refrigeration Fitter) (1) Work on wooden frame structures 5 stories or less excluding hgih-rise buildings and commercial work such as hospitals, prisons, hotels, schools, casinos, wastewater treatment plants, and resarch facilities as well as refrigeration pipefitting, service and repair work - MARKET RECOVERY RATE...............$ 49.09 37.36 (2) All other work - NEW CONSTRUCTION RATE...........$ 57.75 39.74 ---------------------------------------------------------------- PLUM0038-006 07/01/2011 MARIN & SONOMA COUNTIES

113

Rates Fringes Landscape/Irrigation Fitter (Underground/Utility Fitter).....$ 49.09 28.85 ---------------------------------------------------------------- PLUM0228-001 01/01/2012 BUTTE, COLUSA, GLENN, LASSEN, MODOC, PLUMAS, SHASTA, SIERRA, SISKIYOU, SUTTER, TEHAMA, TRINITY & YUBA COUNTIES Rates Fringes PLUMBER..........................$ 36.20 22.92 ---------------------------------------------------------------- PLUM0343-001 01/01/2012 NAPA AND SOLANO COUNTIES Rates Fringes PLUMBER/PIPEFITTER Light Commercial............$ 30.60 17.85 All Other Work..............$ 45.80 24.65 DEFINITION OF LIGHT COMMERICIAL: Work shall include strip shopping centers, office buildings, schools and other commercial structures which the total plumbing bid does not exceed Two Hundred and Fifty Thousand ($250,000) and the total heating and cooling does not exceed Two Hundred Fifty Thousand ($250,000); or Any projects bid in phases shall not qualify unless the total project is less than Two Hundred Fifty Thousand ($250,000) for the plumbing bid; and Two Hundred Fifty Thousand ($250,000) for the heating and cooling bid. Excluded are hospitals, jails, institutions and industrial projects, regardless size of the project FOOTNOTES: While fitting galvanized material: $.75 per hour additional. Work from trusses, temporary staging, unguarded structures 35' from the ground or water: $.75 per hour additional. Work from swinging scaffolds, boatswains chairs or similar devices: $.75 per hour additional. ---------------------------------------------------------------- PLUM0350-001 01/01/2011 EL DORADO COUNTY (Lake Tahoe area only); NEVADA COUNTY (Lake Tahoe area only); AND PLACER COUNTY (Lake Tahoe area only) Rates Fringes PLUMBER/PIPEFITTER...............$ 34.60 10.50 ---------------------------------------------------------------- PLUM0355-001 07/01/2011

114

ALPINE, AMADOR, BUTTE, COLUSA, EL DORADO, GLENN, LASSEN, MODOC, NAPA, NEVADA, PLACER, PLUMAS, SACRAMENTO, SHASTA, SIERRA, SISKIYOU, SOLANO, SUTTER, TEHAMA, TRINITY, YOLO, AND YUBA COUNTIES Rates Fringes Underground Utility Worker /Landscape Fitter...........$ 28.20 7.65 ---------------------------------------------------------------- PLUM0442-003 01/01/2012 AMADOR (South of San Joaquin River) and ALPINE COUNTIES Rates Fringes PLUMBER..........................$ 35.95 23.17 ---------------------------------------------------------------- PLUM0447-001 01/01/2012 AMADOR (north of San Joaquin River), EL DORADO (excluding Lake Tahoe area), NEVADA (excluding Lake Tahoe area); PLACER (excluding Lake Tahoe area), SACRAMENTO AND YOLO COUNTIES Rates Fringes PLUMBER/PIPEFITTER Journeyman..................$ 40.02 20.70 Light Commercial Work.......$ 30.48 16.82 ---------------------------------------------------------------- ROOF0081-006 08/01/2010 MARIN, NAPA, SOLANO AND SONOMA COUNTIES Rates Fringes Roofer...........................$ 34.06 9.54 ---------------------------------------------------------------- ROOF0081-007 08/01/2011 ALPINE, BUTTE, COLUSA, EL DORADO, GLENN,LASSEN, MODOC, NEVADA, PLACER, PLUMAS, SACRAMENTO, SHASTA, SIERRA, SISKIYOU, SUTTER, TEHAMA, TRINITY, YOLO, AND YUBA COUNTIES Rates Fringes Roofer...........................$ 31.88 10.90 ---------------------------------------------------------------- SFCA0483-003 08/01/2011 MARIN, NAPA, SOLANO AND SONOMA COUNTIES Rates Fringes

115

SPRINKLER FITTER (Fire Sprinklers)......................$ 50.59 23.70 ---------------------------------------------------------------- SFCA0669-003 04/01/2011 ALPINE, BUTTE, COLUSA, EL DORADO, GLENN, LASSEN, MODOC, NEVADA, PLACER, PLUMAS, SACRAMENTO, SHASTA, SIERRA, SISKIYOU, SUTTER, TEHAMA, TRINITY, YOLO AND YUBA COUNTIES Rates Fringes SPRINKLER FITTER.................$ 32.65 17.75 ---------------------------------------------------------------- SHEE0104-006 07/01/2009 MARIN, NAPA, SOLANO SONOMA & TRINITY COUNTIES Rates Fringes Sheet Metal Worker Mechanical Contracts $200,000 or less............$ 43.32 26.40 All other work..............$ 47.73 26.67 ---------------------------------------------------------------- SHEE0104-014 07/01/2009 MARIN, NAPA, SOLANO, SONOMA AND TRINITY COUNTIES Rates Fringes SHEET METAL WORKER (Metal Decking and Siding only).........$ 33.43 24.31 ---------------------------------------------------------------- SHEE0162-006 07/01/2011 AMADOR, COLUSA, EL DORADO, NEVADA, PLACER, SACRAMENTO, SUTTER, YOLO AND YUBA COUNTIES Rates Fringes SHEET METAL WORKER...............$ 37.51 24.78 ---------------------------------------------------------------- SHEE0162-007 07/01/2011 AlPINE COUNTY Rates Fringes SHEET METAL WORKER...............$ 33.71 22.79 ---------------------------------------------------------------- SHEE0162-008 07/01/2011 BUTTE, COLUSA, EL DORADO, GLENN, LASSEN, MODOC, NEVADA, PLACER, PLUMAS, SACRAMENTO, SHASTA, SIERRA, SISKIYOU, SUTTER, TEHAMA, YOLO AND YUBA COUNTIES

116

Rates Fringes Sheet Metal Worker (Metal decking and siding only).........$ 34.31 26.78 ---------------------------------------------------------------- SHEE0162-014 07/01/2011 BUTTE, GLENN, LASSEN, MODOC, PLUMAS, SHASTA, SIERRA, SISKIYOU AND TEHAMA COUNTIES Rates Fringes SHEET METAL WORKER Mechanical Jobs $200,000 & under.......................$ 28.86 23.46 Mechanical Jobs over $200,000....................$ 37.76 23.96 ---------------------------------------------------------------- TEAM0094-001 07/01/2009 Rates Fringes Truck drivers: GROUP 1.....................$ 27.13 18.99 GROUP 2.....................$ 27.43 18.99 GROUP 3.....................$ 27.73 18.99 GROUP 4.....................$ 28.08 18.99 GROUP 5.....................$ 28.43 18.99 FOOTNOTES: Articulated dump truck; Bulk cement spreader (with or without auger); Dumpcrete truck; Skid truck (debris box); Dry pre-batch concrete mix trucks; Dumpster or similar type; Slurry truck: Use dump truck yardage rate. Heater planer; Asphalt burner; Scarifier burner; Industrial lift truck (mechanical tailgate); Utility and clean-up truck: Use appropriate rate for the power unit or the equipment utilized. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Dump trucks, under 6 yds.; Single unit flat rack (2- axle unit); Nipper truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump machine; Fork lift and lift jitneys; Fuel and/or grease truck driver or fuel person; Snow buggy; Steam cleaning; Bus or personhaul driver; Escort or pilot car driver; Pickup truck; Teamster oiler/greaser and/or serviceperson; Hook tender (including loading and unloading); Team driver; Tool room attendant (refineries) GROUP 2: Dump trucks, 6 yds. and under 8 yds.; Transit

117

mixers, through 10 yds.; Water trucks, under 7,000 gals.; Jetting trucks, under 7,000 gals.; Single-unit flat rack (3-axle unit); Highbed heavy duty transport; Scissor truck; Rubber-tired muck car (not self-loaded); Rubber-tired truck jumbo; Winch truck and "A" frame drivers; Combination winch truck with hoist; Road oil truck or bootperson; Buggymobile; Ross, Hyster and similar straddle carriers; Small rubber-tired tractor GROUP 3: Dump trucks, 8 yds. and including 24 yds.; Transit mixers, over 10 yds.; Water trucks, 7,000 gals. and over; Jetting trucks, 7,000 gals. and over; Vacuum trucks under 7500 gals. Trucks towing tilt bed or flat bed pull trailers; Lowbed heavy duty transport; Heavy duty transport tiller person; Self- propelled street sweeper with self-contained refuse bin; Boom truck - hydro-lift or Swedish type extension or retracting crane; P.B. or similar type self-loading truck; Tire repairperson; Combination bootperson and road oiler; Dry distribution truck (A bootperson when employed on such equipment, shall receive the rate specified for the classification of road oil trucks or bootperson); Ammonia nitrate distributor, driver and mixer; Snow Go and/or plow GROUP 4: Dump trucks, over 25 yds. and under 65 yds.; Water pulls - DW 10's, 20's, 21's and other similar equipment when pulling Aqua/pak or water tank trailers; Helicopter pilots (when transporting men and materials); Lowbedk Heavy Duty Transport up to including 7 axles; DW10's, 20's, 21's and other similar Cat type, Terra Cobra, LeTourneau Pulls, Tournorocker, Euclid and similar type equipment when pulling fuel and/or grease tank trailers or other miscellaneous trailers; Vacuum Trucks 7500 gals and over and truck repairman GROUP 5: Dump trucks, 65 yds. and over; Holland hauler; Low bed Heavy Duty Transport over 7 axles ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage

118

determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted

119

120

because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION